Incentive Grant Criteria for Occupant Protection Programs; Technical Amendments, 69078-69081 [05-22496]
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69078
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
Operations Airspace Specialist, AWP–
520.3, Federal Aviation Administration,
15000 Aviation Boulevard, Lawndale,
California 90261, telephone (310) 725–
6502.
SUPPLEMENTARY INFORMATION: This
action will establish a Class E enroute
domestic airspace area west of San Luis
Obispo to contain aircraft while in
Instrument Flight Rules (IFR) conditions
and under control of Santa Barbara
Terminal Radar Approach Control
(TRACON). On November 2, 2005,
airspace will be transferred from Los
Angeles Air Route Traffic Control
Center (ARTCC) to Santa Barbara
TRACON. In order to provide positive
control of aircraft in this area, the
airspace must be designated as
controlled airspace.
Class E enroute domestic airspace
areas are published in Paragraph 6006 of
FAA Order 7400.9N dated September 1,
2005, and effective September 16, 2005,
which is incorporated by reference in 14
CFR 71.1. The class E airspace
designation listed in this document
would be published subsequently in
this Order.
The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in adverse or
negative comment and therefore is
issuing it as a direct final rule. Unless
a written adverse or negative comment,
or a written notice of intent to submit
an adverse or negative comment is
received within the comment period,
the regulation will become effective on
the date specified above. After the close
of the comment period, the FAA will
publish a document in the Federal
Register indicating that no adverse or
negative comments were received and
confirming the date on which the final
rule will become effective. If the FAA
does receive, within the comment
period, an adverse or negative comment,
or written notice of intent to submit
such a comment, a document
withdrawing the direct final rule will be
published in the Federal Register, and
a notice of proposed rulemaking may be
published with a new comment period.
Comments Invited
Although this action is in the form of
a final rule and was not preceded by a
notice of proposed rulemaking,
comments are invited on this rule.
Interested persons are invited to
comment on this rule by submitting
such written data, views, and arguments
as they may desire. Communications
should identify the Rules Docket
number and be submitted in triplicate to
the address specified under the caption
ADDRESSES. All communications
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15:39 Nov 10, 2005
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received on or before the closing date
for comments will be considered, and
this rule may be amended or withdrawn
in light of the comments received.
Factual information that supports the
commenter’s ideas and suggestions is
extremely helpful in evaluating the
effectiveness of this action and
determining whether additional
rulemaking action would be needed.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the rule that might suggest a need to
modify the rule. All comments
submitted will be available, both before
and after the closing date for comments,
in the Rules Docket for examination by
interested persons. A report that
summarizes each FAA-public contact
concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this rule must
submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. 05–AWP–12.’’ The postcard
will be date stamped and returned to the
commenter.
The regulations adopted herein will
not have substantial direct effects on the
State, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 12612,
it is determined that this final rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism Assessment.
The FAA has determined that this
regulation is noncontroversial and
unlikely to result in adverse or negative
comments. For the reasons discussed in
the preamble, this regulation only
involves an established body of
technical regulations for which frequent
and routine amendments are necessary
to keep them operationally current.
Therefore, this regulation—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11304; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter than will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; ROUTES;
AND REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 CR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
Sfmt 4700
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9N,
Airspace Designations and Reporting
Points, dated September 1, 2005, and
effective September 16, 2005, is
amended as follows:
I
*
Agency Findings
PO 00000
under the criteria of the Regulatory
Flexibility Act.
*
*
*
*
Paragraph 6006
Areas
Enroute Domestic Airspace
*
*
*
*
*
San Luis Obispo, CA [Established]
That airspace extending upward from 1200
feet above the surface (AGL) bounded on the
north by Monterey Class E5 airspace, on the
east by V27 and Santa Barbara Class E5
airspace, and on the south and west by
Control Area 115L.
Issued in Los Angeles, California, on
October 28, 2005.
Tony DiBernardo,
Acting Area Director, Western Terminal
Operations.
[FR Doc. 05–22523 Filed 11–10–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
23 CFR Part 1345
[Docket No. NHTSA–2005–22879]
RIN 2127–AJ72
Incentive Grant Criteria for Occupant
Protection Programs; Technical
Amendments
National Highway Traffic
Safety Administration, Department of
Transportation
AGENCY:
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
Interim final rule; technical
amendments.
ACTION:
SUMMARY: This document makes
technical amendments to the regulation
governing the Occupant Protection
Incentive Grant program, 23 CFR part
1345, in light of new legislation
extending the program. It updates
information to conform to the new time
period covered by the program and
changes the due date for the submission
of applications.
DATES: The technical amendments made
in this rule are effective November 14,
2005. Comments on the change in the
application due date must be submitted
by December 14, 2005.
ADDRESSES: Your comments must be
written and in English. To ensure that
your comments are filed correctly in the
Docket, please include the docket
number of this document in your
comments. Comments should be
submitted (preferably in two copies) to:
Docket Management, Room PL–401,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590. (Docket
hours are Monday–Friday, 10 a.m. to 5
p.m., excluding Federal holidays.) You
may also submit your comments to the
docket electronically by logging onto the
Docket Management System (DMS) Web
site at https://dms.dot.gov. Click on
‘‘Help & Information’’ or ‘‘Help/Info’’ to
obtain instructions for filing your
comments electronically.
FOR FURTHER INFORMATION CONTACT: For
program issues: Judy Hammond, Injury
Control Operations and Resources, NTI–
200, telephone (202) 366–2121, fax (202)
366–7394. For legal issues: David
Bonelli, Office of Chief Counsel, NCC–
113, telephone (202) 366–1834, fax (202)
366–3820, NHTSA, 400 Seventh Street,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Section
2003 of The Transportation Equity Act
for the 21st Century (TEA–21), Public
Law 105–178 (1998) established a new
occupant protection incentive grant
program under Section 405 of Title 23,
United States Code. Under this program,
States could qualify for incentive grant
funds by adopting and implementing
effective programs to reduce highway
deaths and injuries resulting from
individuals riding unrestrained or
improperly restrained in motor vehicles.
The program, which made grant funds
available from fiscal year (FY) 1998
through FY 2003, was designed to
stimulate increased safety belt and child
safety seat use. Funding was continued
through FY 2005 by Congressional
appropriations extending TEA–21 grant
programs.
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On August 10, 2005, the President
signed into law the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act—A Legacy for Users (SAFETEA–
LU), Public Law 109–59. SAFETEA–LU
extends the occupant protection
incentive grant program from FY 2006
through FY 2009 by amending
provisions of 23 U.S.C. 405. The
legislation updates a grant condition
that previously required States to
maintain occupant protection program
spending from other sources at or above
average levels from the two fiscal years
prior to the enactment of TEA–21 (FY
1996–1997). As amended, 23 U.S.C.
405(a)(2) now requires States to
maintain spending from other sources at
or above average levels from the two
fiscal years prior to the enactment of
SAFETEA–LU (FY 2003–2004). The
legislation increases the amount of
funds to which a State is entitled by
amending the apportionment percentage
and updating the fiscal year under
405(c). Prior to the amendment, a State
was entitled to an amount equal to 25
percent of its Section 402
apportionment for FY 1997. A State now
is entitled to an amount equal to 100
percent of its section 402 apportionment
for FY 2003. The legislation also
specifies that grant funds may be
transferred among programs authorized
under 23 U.S.C. 405, 408, and 410. The
previous legislation, TEA–21,
authorized the transfer of funds among
programs authorized under 23 U.S.C.
405, 410, and 411.
SAFETEA–LU amends section
405(a)(4) to specify the Federal share to
which a State is entitled. While the new
program begins in FY 2006, the Federal
share is based on the number of fiscal
years, beginning after September 30,
2003, that the State has received a grant
under the Section 405 program. Thus,
counting back to FY 2004, for the first
or second year in which a State receives
a grant, the Federal share must not
exceed 75 percent; for the third or
fourth year, the Federal share must not
exceed 50 percent; and for the fifth or
sixth year, the Federal share must not
exceed 25 percent. The determination of
the Federal share for the predecessor
program under Section 405 remains
unchanged.
This document amends the provisions
of 23 CFR part 1345 to reflect these
statutory changes and to extend the
occupant protection incentive grant
program through FY 2009. We are
amending § 1345.4(a)(1)(iv) to indicate
that States must maintain aggregate
expenditures from other sources at or
above the average level of expenditures
in FY 2003–2004. We are amending
§ 1345.4(b)(1) to specify that the amount
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69079
of a grant shall be equal to 100 percent
of the amount apportioned to the State
under 23 U.S.C. 402 for FY 2003. We are
making a number of other changes to
§ 1345.4(b) to specify the Federal share,
based on the number of years that a
State participates in the program. We
are amending § 1345.6 to indicate that
unobligated funds from this grant
program may be transferred to programs
authorized under 23 U.S.C. 408 and 410.
To clarify the application and
certification process for State
participants under the new legislation,
we are adding definitions for ‘‘first fiscal
year’’ and ‘‘subsequent fiscal years’’ in
§ 1345.3. We are also eliminating
references to ‘‘section 2003 of TEA–21.’’
We are changing the application due
date in § 1345.4(a)(4) from August 1 of
the applicable fiscal year to February 15.
We believe that an earlier application
due date is appropriate for the new
program because less lead time is
necessary for States to submit
applications under the extension of this
well-established program. The new due
date will allow these grant funds to be
awarded in time for spring national
safety belt mobilization campaigns. We
are soliciting comments from the States
on this change in the application due
date.
These technical amendments are
mostly conforming amendments and
will not impose or relax any substantive
requirements or burdens on State grant
participants. Therefore, we find good
cause that notice and opportunity for
comment on these amendments (with
the exception of the change in
application due date) are not necessary
under the Administrative Procedures
Act. We also find good cause to limit the
period for comment on the change in
the application due date to 30 days. A
limited comment period is necessary to
give States adequate time after the
effective date of the final rule to submit
applications. A limited comment period
is also justified because we are soliciting
comment on a single issue.
Statutory Basis for This Interim Final
Rule
The statutory basis for this rule is the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act—A Legacy
for Users (SAFETEA-LU), Public Law
109–59 (2005). SAFETEA-LU extends
the occupant protection incentive grant
program from FY 2006 through FY 2009
by amending provisions of 23 U.S.C.
405.
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69080
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993), provides for making
determinations whether a regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (OMB) review and to the
requirements of the Executive Order.
This rulemaking document is not
significant under Executive Order 12866
or the Department of Transportation’s
(DOT) regulatory policies and
procedures. (44 FR 11034, February 26,
1979). The effect of this rulemaking
action is to make technical amendments
to the regulation governing the
Occupant Protection Incentive Grant
program, in light of new legislation
extending the program. It will not
impose any additional burden on any
person. The agency believes that this
impact is minimal and does not warrant
the preparation of a regulatory
evaluation.
B. Environmental Impacts
We have not conducted an evaluation
of the impacts of this interim final rule
under the National Environmental
Policy Act. This rulemaking action
makes technical amendments to the
regulation governing the Occupant
Protection Incentive Grant program, in
light of new legislation extending the
program. This rulemaking does not
impose any change that would have any
environmental impacts. Accordingly, no
environmental assessment is required.
C. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, we have considered the impacts of
this rulemaking action on small entities
(5 U.S.C. 601 et seq.). I certify that this
rulemaking action will not have a
significant economic impact upon a
substantial number of small entities
within the context of the Regulatory
Flexibility Act. The interim final rule
makes technical amendments to a
regulation governing the Occupant
Protection Incentive Grant Program.
States are the recipients of any funds
awarded under this program, and they
are not considered to be small entities,
as that term is defined in the Regulatory
Flexibility Act. Accordingly, we have
not prepared a Final Regulatory
Flexibility Analysis.
D. Executive Order 13132, Federalism
E.O. 13132 requires NHTSA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
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15:39 Nov 10, 2005
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development of regulatory policies that
have federalism implications.’’ This
interim final rule does not change the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government as specified in E.O.
13132. This interim final rule merely
extends the occupant protection
incentive grant program through FY
2009, as directed by statute. We are
soliciting public comment on one
substantive change made in this interim
final rule—the change in application
due date in Section 1345.4(b)(4) from
August 1 of the applicable fiscal year to
February 15.
E. Paperwork Reduction Act
This interim final rule does not add
any new information collection
requirements, as that term is defined by
the Office of Management and Budget
(OMB) in 5 CFR part 1320. The existing
requirements have been submitted
previously to and approved by OMB,
pursuant to the Paperwork Reduction
Act (44 U.S.C. 3501, et seq.). These
requirements have been approved under
OMB No. 2127–0600, through April 30,
2008.
F. The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) requires
agencies to prepare a written assessment
of the costs, benefits and other effects of
proposed or final rules that include a
Federal mandate likely to result in the
expenditure by State, local or tribal
governments, in the aggregate, or by the
private sector, of more than $100
million annually. This action will not
result in additional expenditures by
state, local or tribal governments or by
any members of the private sector.
Therefore, the agency has not prepared
an economic assessment pursuant to the
Unfunded Mandates Reform Act.
G. Civil Justice Reform
This interim final rule does not have
any retroactive effect. A petition for
reconsideration or other administrative
proceedings are not required before
parties may file suit in court.
H. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
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65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects in 23 CFR Part 1345
Grant programs—Transportation,
Highway safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 23
CFR Part 1345 is amended to read as
follows:
I
PART 1345—INCENTIVE GRANT
CRITERIA FOR OCCUPANT
PROTECTION PROGRAMS
1. The authority citation is amended
to read as follows:
I
Authority: Pub. L. 105–78; Pub. L. 109–59;
23 U.S.C. 405; delegation of authority at 49
CFR 1.50.
2. Section 1345.1 is revised to read as
follows:
I
§ 1345.1
Scope.
This part establishes criteria, in
accordance with 23 U.S.C. 405, for
awarding incentive grants to States that
adopt and implement effective programs
to reduce highway deaths and injuries
resulting from individuals riding
unrestrained or improperly restrained in
motor vehicles.
I 3. Section 1345.2 is revised to read as
follows:
§ 1345.2
Purpose.
The purpose of this part is to
implement the provisions of 23 U.S.C.
405 and to encourage States to adopt
effective occupant protection programs.
I 4. Section 1345.3 is amended by
removing paragraph designations (a)
through (f) and adding the following
definitions in alphabetical order to read
as follows:
§ 1345.3
Definitions.
*
*
*
*
*
First fiscal year means the first fiscal
year beginning after September 30,
2003.
*
*
*
*
*
Subsequent fiscal years means the
second, third, fourth, fifth, or sixth
fiscal year beginning after September 30,
2003.
*
*
*
*
*
I 5. Section 1345.4 is amended by
revising paragraphs (a)(1)(iv), (a)(4), and
(b) to read as follows:
§ 1345.4
General Requirements.
(a) * * *
(1) * * *
(iv) It will maintain its aggregate
expenditures from all other sources,
except those authorized under Chapter
1 of Title 23 of the United States Code,
for its occupant protection programs at
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
or above the average level of such
expenditures in fiscal years 2003 and
2004 (either State or federal fiscal year
2003 and 2004 can be used);
*
*
*
*
*
(4) To qualify for grant funds in any
fiscal year, the application must be
received by the agency not later than
February 15 of the fiscal year in which
the State is applying for funds.
*
*
*
*
*
(b) Limitations on grants. A state may
receive a grant in a fiscal year subject to
the following limitations:
(1) Beginning in fiscal year 2006, the
amount of a grant under § 1345.5 shall
equal up to 100 percent of the State’s 23
U.S.C. 402 apportionment for fiscal year
2003, subject to availability of funds.
(2) In the first and second fiscal years
beginning after September 30, 2003 that
a State receives a grant, it shall be
reimbursed for up to 75 percent of the
cost of its occupant protection program
adopted pursuant to 23 U.S.C. 405.
(3) In the third and fourth fiscal years
beginning after September 30, 2003 that
a State receives a grant, it shall be
reimbursed for up to 50 percent of the
cost of its occupant protection program
adopted pursuant to 23 U.S.C. 405.
(4) In the fifth and sixth fiscal years
beginning after September 30, 2003 that
a State receives a grant, it shall be
reimbursed for up to 25 percent of the
cost of its occupant protection program
adopted pursuant to 23 U.S.C. 405.
I 6. Section 1345.5 is amended by
revising the first sentence in paragraph
(d)(4) introductory text; revising the
introductory text of paragraph (g), and
revising paragraph (g)(1) to read as
follows:
§ 1345.5
Requirements for a grant.
*
*
*
*
*
(d) * * *
(4) To demonstrate compliance with
this criterion in the first fiscal year the
State receives a grant based on this
criterion, the State shall submit a plan
to conduct a program that covers each
element identified in paragraphs (d)(1)
through (d)(3) of this section. * * *
*
*
*
*
*
(g) Certifications in subsequent fiscal
years: (1) To demonstrate compliance in
subsequent fiscal years the State
receives a grant based on criteria in
paragraphs (a), (b), (c) or (f) of this
section, if the State’s law, regulation or
binding policy directive has not
changed, the State, in lieu of
resubmitting its law, regulation or
binding policy directive as provided in
paragraphs (a)(3), (b)(2), (c)(2)(i) or (f)(2)
of this section, may submit a statement
certifying that there have been no
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substantive changes in the State’s laws,
regulations, or binding policy directives.
*
*
*
*
*
I 7. Section 1345.6 is amended by
revising paragraphs (b) and (c) to read
as follows:
§ 1345.6
Award procedures.
*
*
*
*
*
(b) If any amounts authorized for
grants under this part for a fiscal year
are expected to remain unobligated in
that fiscal year, the Administrator may
transfer such amounts to the programs
authorized under 23 U.S.C. 408 and 23
U.S.C. 410, to ensure to the extent
possible that each State receives the
maximum incentive funding for which
it is eligible.
(c) If any amounts authorized for
grants under 23 U.S.C. 408 and 23
U.S.C. 410 are transferred to the grant
program under this part in a fiscal year,
the Administrator shall distribute the
transferred amounts so that each eligible
State receives a proportionate share of
these amounts, subject to the conditions
specified in § 1345.4.
Issued on: November 7, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05–22496 Filed 11–10–05; 8:45 am]
BILLING CODE 4910–59–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[CA–314–0483; FRL–7975–7]
Approval and Promulgation of State
Implementation Plans for Air Quality
Planning Purposes; California—South
Coast and Coachella
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve state implementation plan (SIP)
revisions submitted by the State of
California to provide for attainment of
the particulate matter (PM–10) national
ambient air quality standards (NAAQS)
in the Los Angeles–South Coast Air
Basin and the Coachella Valley Area,
and to establish emissions budgets for
these areas for purposes of
transportation conformity. EPA is also
approving revisions to fugitive dust
regulations and ordinances for the areas.
EPA is approving these SIP revisions
under provisions of the Clean Air Act
(CAA) regarding EPA action on SIP
submittals, SIPs for national primary
and secondary ambient air quality
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69081
standards, and plan requirements for
nonattainment areas.
DATES: This rule is effective on
December 14, 2005.
ADDRESSES: You can inspect copies of
the docket for this action at EPA’s
Region IX office during normal business
hours by appointment at the following
location: EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
A reasonable fee may be charged for
copying parts of the docket.
Copies of the SIP materials are also
available for inspection at the following
locations: California Air Resources
Board, 1001 I Street, Sacramento,
California, 95812. South Coast Air
Quality Management District, 21865 E.
Copley Drive, Diamond Bar, California,
91765.
The 2003 Air Quality Management
Plan, which includes the South Coast
PM10 plan, is electronically available at:
https://www.aqmd.gov/aqmp/
AQMD03AQMP.htm
The 2003 Coachella Valley PM10
State Implementation Plan is at: https://
www.aqmd.gov/aqmp/docs/
f2003cvsip.pdf
The fugitive dust rules are at: https://
www.aqmd.gov/rules/rulesreg.html
FOR FURTHER INFORMATION CONTACT:
Dave Jesson, EPA Region IX, at (415)
972–3957, or jesson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. EPA Action
IV. Administrative Requirements
I. Summary of Proposed Action
On July 28, 2005 (70 FR 43663), we
proposed to approve 2003 plan
amendments for the South Coast Air
Basin (or ‘‘South Coast’’), as the plan
amendments pertain to attainment of
the 24-hour and annual PM–10
NAAQS.1 We also proposed to approve
revisions to the PM–10 plan for the
Coachella Valley Planning Area
(‘‘Coachella Valley’’).2 We proposed to
approve the plans’’ PM–10 motor
vehicle emissions budgets for purposes
of transportation conformity. Finally,
we proposed to approve revisions to
Rules 403, 403.1, and 1186 of the South
1 The nonattainment area includes all of Orange
County and the more populated portions of Los
Angeles, San Bernardino, and Riverside Counties.
For a description of the boundaries of the Los
Angeles-South Coast Air Basin Area, see 40 CFR
81.305.
2 The Coachella Valley Planning Area is in central
Riverside County in the Salton Sea Air Basin. The
boundary is defined at 40 CFR 81.305.
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]]>Agencies
[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69078-69081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22496]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1345
[Docket No. NHTSA-2005-22879]
RIN 2127-AJ72
Incentive Grant Criteria for Occupant Protection Programs;
Technical Amendments
AGENCY: National Highway Traffic Safety Administration, Department of
Transportation
[[Page 69079]]
ACTION: Interim final rule; technical amendments.
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SUMMARY: This document makes technical amendments to the regulation
governing the Occupant Protection Incentive Grant program, 23 CFR part
1345, in light of new legislation extending the program. It updates
information to conform to the new time period covered by the program
and changes the due date for the submission of applications.
DATES: The technical amendments made in this rule are effective
November 14, 2005. Comments on the change in the application due date
must be submitted by December 14, 2005.
ADDRESSES: Your comments must be written and in English. To ensure that
your comments are filed correctly in the Docket, please include the
docket number of this document in your comments. Comments should be
submitted (preferably in two copies) to: Docket Management, Room PL-
401, National Highway Traffic Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590. (Docket hours are Monday-Friday, 10
a.m. to 5 p.m., excluding Federal holidays.) You may also submit your
comments to the docket electronically by logging onto the Docket
Management System (DMS) Web site at https://dms.dot.gov. Click on ``Help
& Information'' or ``Help/Info'' to obtain instructions for filing your
comments electronically.
FOR FURTHER INFORMATION CONTACT: For program issues: Judy Hammond,
Injury Control Operations and Resources, NTI-200, telephone (202) 366-
2121, fax (202) 366-7394. For legal issues: David Bonelli, Office of
Chief Counsel, NCC-113, telephone (202) 366-1834, fax (202) 366-3820,
NHTSA, 400 Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Section 2003 of The Transportation Equity
Act for the 21st Century (TEA-21), Public Law 105-178 (1998)
established a new occupant protection incentive grant program under
Section 405 of Title 23, United States Code. Under this program, States
could qualify for incentive grant funds by adopting and implementing
effective programs to reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly restrained in motor
vehicles. The program, which made grant funds available from fiscal
year (FY) 1998 through FY 2003, was designed to stimulate increased
safety belt and child safety seat use. Funding was continued through FY
2005 by Congressional appropriations extending TEA-21 grant programs.
On August 10, 2005, the President signed into law the Safe,
Accountable, Flexible, Efficient Transportation Equity Act--A Legacy
for Users (SAFETEA-LU), Public Law 109-59. SAFETEA-LU extends the
occupant protection incentive grant program from FY 2006 through FY
2009 by amending provisions of 23 U.S.C. 405. The legislation updates a
grant condition that previously required States to maintain occupant
protection program spending from other sources at or above average
levels from the two fiscal years prior to the enactment of TEA-21 (FY
1996-1997). As amended, 23 U.S.C. 405(a)(2) now requires States to
maintain spending from other sources at or above average levels from
the two fiscal years prior to the enactment of SAFETEA-LU (FY 2003-
2004). The legislation increases the amount of funds to which a State
is entitled by amending the apportionment percentage and updating the
fiscal year under 405(c). Prior to the amendment, a State was entitled
to an amount equal to 25 percent of its Section 402 apportionment for
FY 1997. A State now is entitled to an amount equal to 100 percent of
its section 402 apportionment for FY 2003. The legislation also
specifies that grant funds may be transferred among programs authorized
under 23 U.S.C. 405, 408, and 410. The previous legislation, TEA-21,
authorized the transfer of funds among programs authorized under 23
U.S.C. 405, 410, and 411.
SAFETEA-LU amends section 405(a)(4) to specify the Federal share to
which a State is entitled. While the new program begins in FY 2006, the
Federal share is based on the number of fiscal years, beginning after
September 30, 2003, that the State has received a grant under the
Section 405 program. Thus, counting back to FY 2004, for the first or
second year in which a State receives a grant, the Federal share must
not exceed 75 percent; for the third or fourth year, the Federal share
must not exceed 50 percent; and for the fifth or sixth year, the
Federal share must not exceed 25 percent. The determination of the
Federal share for the predecessor program under Section 405 remains
unchanged.
This document amends the provisions of 23 CFR part 1345 to reflect
these statutory changes and to extend the occupant protection incentive
grant program through FY 2009. We are amending Sec. 1345.4(a)(1)(iv)
to indicate that States must maintain aggregate expenditures from other
sources at or above the average level of expenditures in FY 2003-2004.
We are amending Sec. 1345.4(b)(1) to specify that the amount of a
grant shall be equal to 100 percent of the amount apportioned to the
State under 23 U.S.C. 402 for FY 2003. We are making a number of other
changes to Sec. 1345.4(b) to specify the Federal share, based on the
number of years that a State participates in the program. We are
amending Sec. 1345.6 to indicate that unobligated funds from this
grant program may be transferred to programs authorized under 23 U.S.C.
408 and 410. To clarify the application and certification process for
State participants under the new legislation, we are adding definitions
for ``first fiscal year'' and ``subsequent fiscal years'' in Sec.
1345.3. We are also eliminating references to ``section 2003 of TEA-
21.''
We are changing the application due date in Sec. 1345.4(a)(4) from
August 1 of the applicable fiscal year to February 15. We believe that
an earlier application due date is appropriate for the new program
because less lead time is necessary for States to submit applications
under the extension of this well-established program. The new due date
will allow these grant funds to be awarded in time for spring national
safety belt mobilization campaigns. We are soliciting comments from the
States on this change in the application due date.
These technical amendments are mostly conforming amendments and
will not impose or relax any substantive requirements or burdens on
State grant participants. Therefore, we find good cause that notice and
opportunity for comment on these amendments (with the exception of the
change in application due date) are not necessary under the
Administrative Procedures Act. We also find good cause to limit the
period for comment on the change in the application due date to 30
days. A limited comment period is necessary to give States adequate
time after the effective date of the final rule to submit applications.
A limited comment period is also justified because we are soliciting
comment on a single issue.
Statutory Basis for This Interim Final Rule
The statutory basis for this rule is the Safe, Accountable,
Flexible, Efficient Transportation Equity Act--A Legacy for Users
(SAFETEA-LU), Public Law 109-59 (2005). SAFETEA-LU extends the occupant
protection incentive grant program from FY 2006 through FY 2009 by
amending provisions of 23 U.S.C. 405.
[[Page 69080]]
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. This rulemaking document is not significant under
Executive Order 12866 or the Department of Transportation's (DOT)
regulatory policies and procedures. (44 FR 11034, February 26, 1979).
The effect of this rulemaking action is to make technical amendments to
the regulation governing the Occupant Protection Incentive Grant
program, in light of new legislation extending the program. It will not
impose any additional burden on any person. The agency believes that
this impact is minimal and does not warrant the preparation of a
regulatory evaluation.
B. Environmental Impacts
We have not conducted an evaluation of the impacts of this interim
final rule under the National Environmental Policy Act. This rulemaking
action makes technical amendments to the regulation governing the
Occupant Protection Incentive Grant program, in light of new
legislation extending the program. This rulemaking does not impose any
change that would have any environmental impacts. Accordingly, no
environmental assessment is required.
C. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, we have considered the
impacts of this rulemaking action on small entities (5 U.S.C. 601 et
seq.). I certify that this rulemaking action will not have a
significant economic impact upon a substantial number of small entities
within the context of the Regulatory Flexibility Act. The interim final
rule makes technical amendments to a regulation governing the Occupant
Protection Incentive Grant Program. States are the recipients of any
funds awarded under this program, and they are not considered to be
small entities, as that term is defined in the Regulatory Flexibility
Act. Accordingly, we have not prepared a Final Regulatory Flexibility
Analysis.
D. Executive Order 13132, Federalism
E.O. 13132 requires NHTSA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' This interim final rule does not change the
relationship between the national government and the States, or the
distribution of power and responsibilities among the various levels of
government as specified in E.O. 13132. This interim final rule merely
extends the occupant protection incentive grant program through FY
2009, as directed by statute. We are soliciting public comment on one
substantive change made in this interim final rule--the change in
application due date in Section 1345.4(b)(4) from August 1 of the
applicable fiscal year to February 15.
E. Paperwork Reduction Act
This interim final rule does not add any new information collection
requirements, as that term is defined by the Office of Management and
Budget (OMB) in 5 CFR part 1320. The existing requirements have been
submitted previously to and approved by OMB, pursuant to the Paperwork
Reduction Act (44 U.S.C. 3501, et seq.). These requirements have been
approved under OMB No. 2127-0600, through April 30, 2008.
F. The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the costs, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. This action will not result in additional
expenditures by state, local or tribal governments or by any members of
the private sector. Therefore, the agency has not prepared an economic
assessment pursuant to the Unfunded Mandates Reform Act.
G. Civil Justice Reform
This interim final rule does not have any retroactive effect. A
petition for reconsideration or other administrative proceedings are
not required before parties may file suit in court.
H. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
List of Subjects in 23 CFR Part 1345
Grant programs--Transportation, Highway safety, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 23 CFR Part 1345 is amended to read
as follows:
PART 1345--INCENTIVE GRANT CRITERIA FOR OCCUPANT PROTECTION
PROGRAMS
0
1. The authority citation is amended to read as follows:
Authority: Pub. L. 105-78; Pub. L. 109-59; 23 U.S.C. 405;
delegation of authority at 49 CFR 1.50.
0
2. Section 1345.1 is revised to read as follows:
Sec. 1345.1 Scope.
This part establishes criteria, in accordance with 23 U.S.C. 405,
for awarding incentive grants to States that adopt and implement
effective programs to reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly restrained in motor
vehicles.
0
3. Section 1345.2 is revised to read as follows:
Sec. 1345.2 Purpose.
The purpose of this part is to implement the provisions of 23
U.S.C. 405 and to encourage States to adopt effective occupant
protection programs.
0
4. Section 1345.3 is amended by removing paragraph designations (a)
through (f) and adding the following definitions in alphabetical order
to read as follows:
Sec. 1345.3 Definitions.
* * * * *
First fiscal year means the first fiscal year beginning after
September 30, 2003.
* * * * *
Subsequent fiscal years means the second, third, fourth, fifth, or
sixth fiscal year beginning after September 30, 2003.
* * * * *
0
5. Section 1345.4 is amended by revising paragraphs (a)(1)(iv), (a)(4),
and (b) to read as follows:
Sec. 1345.4 General Requirements.
(a) * * *
(1) * * *
(iv) It will maintain its aggregate expenditures from all other
sources, except those authorized under Chapter 1 of Title 23 of the
United States Code, for its occupant protection programs at
[[Page 69081]]
or above the average level of such expenditures in fiscal years 2003
and 2004 (either State or federal fiscal year 2003 and 2004 can be
used);
* * * * *
(4) To qualify for grant funds in any fiscal year, the application
must be received by the agency not later than February 15 of the fiscal
year in which the State is applying for funds.
* * * * *
(b) Limitations on grants. A state may receive a grant in a fiscal
year subject to the following limitations:
(1) Beginning in fiscal year 2006, the amount of a grant under
Sec. 1345.5 shall equal up to 100 percent of the State's 23 U.S.C. 402
apportionment for fiscal year 2003, subject to availability of funds.
(2) In the first and second fiscal years beginning after September
30, 2003 that a State receives a grant, it shall be reimbursed for up
to 75 percent of the cost of its occupant protection program adopted
pursuant to 23 U.S.C. 405.
(3) In the third and fourth fiscal years beginning after September
30, 2003 that a State receives a grant, it shall be reimbursed for up
to 50 percent of the cost of its occupant protection program adopted
pursuant to 23 U.S.C. 405.
(4) In the fifth and sixth fiscal years beginning after September
30, 2003 that a State receives a grant, it shall be reimbursed for up
to 25 percent of the cost of its occupant protection program adopted
pursuant to 23 U.S.C. 405.
0
6. Section 1345.5 is amended by revising the first sentence in
paragraph (d)(4) introductory text; revising the introductory text of
paragraph (g), and revising paragraph (g)(1) to read as follows:
Sec. 1345.5 Requirements for a grant.
* * * * *
(d) * * *
(4) To demonstrate compliance with this criterion in the first
fiscal year the State receives a grant based on this criterion, the
State shall submit a plan to conduct a program that covers each element
identified in paragraphs (d)(1) through (d)(3) of this section. * * *
* * * * *
(g) Certifications in subsequent fiscal years: (1) To demonstrate
compliance in subsequent fiscal years the State receives a grant based
on criteria in paragraphs (a), (b), (c) or (f) of this section, if the
State's law, regulation or binding policy directive has not changed,
the State, in lieu of resubmitting its law, regulation or binding
policy directive as provided in paragraphs (a)(3), (b)(2), (c)(2)(i) or
(f)(2) of this section, may submit a statement certifying that there
have been no substantive changes in the State's laws, regulations, or
binding policy directives.
* * * * *
0
7. Section 1345.6 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 1345.6 Award procedures.
* * * * *
(b) If any amounts authorized for grants under this part for a
fiscal year are expected to remain unobligated in that fiscal year, the
Administrator may transfer such amounts to the programs authorized
under 23 U.S.C. 408 and 23 U.S.C. 410, to ensure to the extent possible
that each State receives the maximum incentive funding for which it is
eligible.
(c) If any amounts authorized for grants under 23 U.S.C. 408 and 23
U.S.C. 410 are transferred to the grant program under this part in a
fiscal year, the Administrator shall distribute the transferred amounts
so that each eligible State receives a proportionate share of these
amounts, subject to the conditions specified in Sec. 1345.4.
Issued on: November 7, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05-22496 Filed 11-10-05; 8:45 am]
BILLING CODE 4910-59-P
