Incentive Grants To Support Increased Safety Belt Use Rates Section 406 Implementing Guidelines, 4196-4206 [06-718]
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4196
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
his left eye is 20/20. Following an
examination in 2005, his optometrist
noted, ‘‘I feel Gary has sufficient vision
to operate a commercial vehicle. He has
had this condition since he has been
driving and he has a very good driving
record.’’ Mr. Wilson reported that he has
driven straight trucks for 31 years,
accumulating 775,000 miles. He holds a
Class D operator’s license from Utah.
His driving record for the last 3 years
shows no crashes or convictions for
moving violations in a CMV.
William B. Wilson
Mr. Wilson, 63, has had amblyopia in
his right eye since birth. The best
corrected visual acuity in his right eye
is 20/80 and in the left, 20/20.
Following an examination in 2005, his
ophthalmologist noted, ‘‘It is my
medical opinion that Mr. Wilson has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Wilson reported that he
has driven straight trucks for 47 years,
accumulating 1.2 million miles and
tractor-trailer combinations for 6 years,
accumulating 600,000 miles. He holds a
Class A CDL from Kentucky. His driving
record for the last 3 years shows no
crashes or convictions for moving
violations in a CMV.
Request for Comments
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In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The agency will consider all
comments received before the close of
business February 24, 2006. Comments
will be available for examination in the
docket at the location listed under the
ADDRESSES section of this notice. The
agency will file comments received after
the comment closing date in the public
docket, and will consider them to the
extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should monitor the public
docket for new material.
Issued on January 18, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. E6–856 Filed 1–24–06; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257; Notice No. 38]
Railroad Safety Advisory Committee;
Notice of Meeting
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of the Railroad Safety
Advisory Committee (RSAC) meeting.
AGENCY:
SUMMARY: FRA announces the next
meeting of the RSAC, a Federal
Advisory Committee that develops
railroad safety regulations through a
consensus process. The RSAC meeting
topics include opening remarks from the
FRA Administrator, an update on the
National Rail Safety Action Plan, a
discussion of track issues, hazardous
material non-accident releases, a rail
security update, and the Collision
Analysis Study (concluding work
previously undertaken by the Collision
Analysis Working Group). Status reports
will be given on the Passenger Safety,
Railroad Operating Rules, and Roadway
Worker Safety working groups. The
report of the Railroad Operating Rules
Working Group is expected to be its
final report on preparation of a notice of
proposed rulemaking to address three
principal causes of human factor train
accidents, and the Committee may be
asked to vote on the recommendations
contained in that report if available
sufficiently in advance of the meeting.
The Committee will be asked to vote to
accept a task to review and revise the
Railroad Locomotive Safety Standards,
and FRA may offer a task regarding
improvement of the Track Safety
Standards (including resolution of
issues raised in comments under the
interim final rule on joint integrity in
continuous welded rail).
DATES: The meeting of the RSAC is
scheduled to commence at 9:30 a.m.,
and conclude at 4 p.m., on Wednesday,
February 22, 2006.
ADDRESSES: The meeting of the RSAC
will be held at the Washington Plaza, 10
Thomas Circle, NW., Washington, DC
20005, (at Massachusetts Avenue and
14th Street), (202) 842–1300. The
meeting is open to the public on a firstcome, first-serve basis, and is accessible
to individuals with disabilities. Sign
and oral interpretation can be made
available if requested 10 calendar days
before the meeting.
FOR FURTHER INFORMATION CONTACT:
Patricia Butera, RSAC Coordinator,
FRA, 1120 Vermont Avenue, NW., Stop
25, Washington, DC 20590, (202) 493–
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6212 or Grady Cothen, Deputy Associate
Administrator for Safety Standards and
Program Development, FRA, 1120
Vermont Avenue, NW., Mailstop 25,
Washington, DC 20590, (202) 493–6302.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463), FRA is giving notice of a meeting
of the RSAC. The meeting is scheduled
to begin at 9:30 a.m., and conclude at 4
p.m., on Wednesday, February 22, 2006.
The meeting of the RSAC will be held
at the Washington Plaza, 10 Thomas
Circle, NW., Washington, DC 20005, (at
Massachusetts Avenue and 14th Street),
(202) 842–1300. RSAC was established
to provide advice and recommendations
to the FRA on railroad safety matters.
The Committee consists of 48 individual
voting representatives and five associate
representatives drawn from among 30
organizations representing various rail
industry perspectives, two associate
representatives from the agencies with
railroad safety regulatory responsibility
in Canada and Mexico, and other
diverse groups. Staffs of the National
Transportation Safety Board and the
Federal Transit Administration also
participate in an advisory capacity.
See the RSAC Web site for details on
pending tasks at: https://rsac.fra.dot.gov.
Please refer to the notice published in
the Federal Register on March 11, 1996,
(61 FR 9740) for more information about
the RSAC.
Issued in Washington, DC on January 17,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–859 Filed 1–24–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[NHTSA–2006–23656]
Incentive Grants To Support Increased
Safety Belt Use Rates Section 406
Implementing Guidelines
National Highway Traffic
Safety Administration, DOT.
ACTION: Announcement of grant program
for States that enact and enforce primary
safety belt use laws or achieve and
maintain a high safety belt use rate
without primary safety belt use laws.
AGENCY:
SUMMARY: The National Highway Traffic
Safety Administration (NHTSA)
announces a new primary safety belt use
law and safety belt performance grant
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
program to increase safety belt use by
Americans in passenger motor vehicles.
The program makes funds available
during fiscal years 2006 through 2009 to
provide a one-time only grant to States
that enact and enforce primary safety
belt use laws within certain time
periods or achieve 85 percent or higher
safety belt use for two consecutive years
without a primary safety belt use law.
This notice informs the 50 States, the
District of Columbia, Puerto Rico,
American Samoa, the Commonwealth of
Northern Mariana Islands, Guam and
the Virgin Islands, through their
Governors’ Representatives for Highway
Safety, of the application procedures to
receive grant funds to be made available
in fiscal years 2006 through 2009.
DATES: Applications must be submitted
on or before July 1 of the fiscal year for
which a State seeks a grant.
ADDRESSES: Applications must be
submitted to the appropriate Regional
Administrator.
FOR FURTHER INFORMATION CONTACT: For
program issues, John Oates, Chief,
Implementation Division, Office of
Injury Control Operations and
Resources, NTI–200, National Highway
Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC
20590, telephone (202) 366–2121. For
legal issues, Tina Mun Ro, AttorneyAdvisor, Office of Chief Counsel, NCC–
113, National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590, telephone
(202) 366–1834.
SUPPLEMENTARY INFORMATION:
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Background
Section 2005 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU)
establishes a grant program to encourage
increased safety belt use by Americans
in passenger motor vehicles. The law
accomplishes this by rewarding States
that enact and enforce a primary safety
belt use law or, in the absence of a
primary law, achieve and maintain a
safety belt use rate of 85 percent or
higher in two consecutive years. The
one-time grant program is codified at 23
U.S.C. 406 (‘‘the Section 406 Program’’),
and allows recipients to use funds for a
variety of highway safety or roadway
safety purposes.
Requirements To Receive a Grant
The Section 406 Program provides
three circumstances under which States
may qualify for a one-time grant award.
A State may enact a primary safety belt
use law on or after January 1, 2003 (a
‘‘New Primary Law State’’); it may have
a primary safety belt use law in effect on
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or before December 31, 2002 (a ‘‘Pre2003 Primary Law State’’); or it may
achieve a safety belt use rate of 85
percent or higher in two consecutive
calendar years beginning after December
31, 2005 (a ‘‘Safety Belt Performance
State’’). These qualification
requirements are described in more
detail below. Note that a State may
receive only one grant and under only
one of these categories for the duration
of the Section 406 grant program.
New Primary Law States
SAFETEA–LU provides a one-time
grant award equal to 475 percent of the
amount apportioned to the State under
Section 402(c) for Fiscal Year (FY) 2003
to any State that ‘‘enacts for the first
time after December 31, 2002, and has
in effect and is enforcing a conforming
primary safety belt use law for all
passenger motor vehicles.’’ Under this
program, a conforming primary safety
belt use law is a safety belt use law that
allows law enforcement officials to stop
a passenger motor vehicle and issue a
citation to, at a minimum, any front seat
passenger not wearing a safety belt,
without the need for probable cause to
believe that another violation has been
committed. ‘‘Passenger Motor Vehicle’’
is defined under the statute to mean a
passenger car, a pickup truck, and a van,
minivan or sport utility vehicle with a
gross vehicle weight rating of less than
10,000 pounds.
Since SAFETEA–LU contains the
qualifier that the safety belt use law be
‘‘enacted for the first time,’’ only States
that did not have a conforming primary
safety belt use law in effect at any time
on or before December 31, 2002 may
qualify as a New Primary Law State.
Also, since SAFETEA–LU requires the
safety belt use law to be ‘‘in effect’’ and
the State to be ‘‘enforcing’’ it, the law
must not only be enacted but be in
operation, allowing citations to be
issued. Therefore, for example, a
primary safety belt use law that has a
future effective date or that includes a
provision limiting enforcement to
written warnings during a ‘‘grace
period’’ after the law goes into effect
would not be deemed in effect or being
enforced until the effective date is
reached or the grace period ends.
In order for a New Primary Law State
to qualify for a grant award in a fiscal
year, SAFETEA–LU further requires that
the law be enacted before July 1 of that
fiscal year. A law enacted on or after
July 1 is deemed by the statute to be
enacted on October 1 of the next Federal
fiscal year. In the event that a State
enacts a conforming primary safety belt
use law by June 30 of a fiscal year that
will not go into effect until sometime
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between July 1 and the cut-off date for
award of that fiscal year’s grants, the
agency will set aside funds for that
State, but will not award those funds
until the agency confirms that the law
is in effect and is being enforced and
has received a certification to that effect
from the State.
While NHTSA does not require or
encourage the adoption of exemptions,
the agency notes that many existing
safety belt use laws contain a number of
exemptions. The agency believes that
the Section 406 Program’s ultimate goal
of achieving higher belt use rates would
not be served by denying a grant to
States whose laws contain any
exemptions, without regard to the
nature of those exemptions. On the
other hand, some exemptions would so
severely undermine the safety
considerations underlying the statute as
to render a State whose law contains
such exemptions ineligible for a grant.
The agency will review each State’s
primary safety belt use law to determine
the acceptability of any exemptions. As
NHTSA did in 1998 to implement the
Section 405 grant program under the
Transportation Equity Act for the 21st
Century (TEA–21), the agency has
reviewed existing safety belt use laws
and has determined that the following
exemptions are not incompatible with
the requirements of SAFETEA–LU:
• Persons with medical conditions
who are unable to use a safety belt,
provided there is written documentation
from a physician;
• Postal, utility, and other
commercial drivers who make frequent
stops in the course of their business;
• Emergency vehicle operators and
passengers;
• Persons riding in seating positions
or vehicles not required to be equipped
with safety belts;
• Public and livery conveyances;
• Farm vehicles;
• Unrestrained occupants when all
safety belts are being used by other
occupants;
• Vehicles designed for 10 or more
people;
• Off-road vehicles;
• Persons riding in parade vehicles;
and
• Persons in the custody of police.
The agency has accepted these
exemptions by long-standing
application in safety belt programs. A
State that enacts a law with any
exemption other than those identified as
acceptable should anticipate that the
agency will review the exemption to
determine whether its impact on traffic
safety is minimal and it is, therefore,
acceptable.
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Pre-2003 Primary Law States
SAFETEA–LU provides a one-time
grant award equal to 200 percent of the
amount apportioned to the State under
Section 402(c) for FY 2003 to ‘‘each
State that enacted, has in effect, and is
enforcing a conforming primary safety
belt use law for all passenger motor
vehicles that was in effect before
January 1, 2003.’’ NHTSA has identified
and reviewed all primary safety belt use
laws enacted before January 1, 2003.
The following States qualify for grants
as Pre-2003 Primary Law States:
Alabama, American Samoa, California,
Commonwealth of the Northern Mariana
Islands, Connecticut, District of
Columbia, Guam, Hawaii, Iowa,
Louisiana, Maryland, Michigan, New
Jersey, New Mexico, New York, North
Carolina, Oklahoma, Oregon, Puerto
Rico, Texas, Virgin Islands, Washington.
Two States that enacted primary
safety belt use laws before January 1,
2003, Georgia and Indiana, do not
qualify for grants as Pre-2003 Primary
Law States because their laws do not
include coverage for all passenger motor
vehicles, a requirement of SAFETEA–
LU.
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Safety Belt Performance States
SAFETEA–LU provides a one-time
grant award equal to 475 percent of the
amount apportioned to the State under
Section 402(c) for FY 2003 to any State
that does not have a conforming primary
safety belt use law but, after December
31, 2005, has a State safety belt use rate
of 85 percent or higher for each of the
two consecutive calendar years
immediately preceding the fiscal year in
which the State is applying for the
grant. SAFETEA–LU specifies that the
safety belt use rate is to be determined
under criteria developed by the
Secretary of Transportation (by
delegation, NHTSA).
On September 1, 1998, NHTSA
published in the Federal Register the
‘‘Uniform Criteria for State
Observational Surveys of Seat Belt Use’’
(codified at 23 CFR part 1340). The
Uniform Criteria, adopted as a final rule
after addressing State comments,
established requirements to ensure the
statistical validity and consistency of
safety belt use surveys conducted in
connection with a grant program under
the Transportation Equity Act for the
21st Century (TEA–21). Since States
have already implemented the
procedures and deployed the resources
to conduct these surveys, and have been
conducting these surveys for many
years, NHTSA intends to retain these
Uniform Criteria for use in the Section
406 Program. This will ensure that the
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integrity of safety belt use rate data is
maintained without imposing new
burdens or procedures on the States.
Therefore, a State seeking a grant as a
Safety Belt Performance State must
demonstrate the required safety belt use
rates by conducting surveys in
accordance with the Uniform Criteria at
23 CFR part 1340.
The first fiscal year a State may
receive a grant as a Safety Belt
Performance State is FY 2008. This
results from SAFETEA–LU’s
requirement that the two consecutive
calendar years of 85 percent safety belt
use rate begin in calendar year 2006 and
precede the fiscal year of the grant. Only
States without a conforming primary
safety belt use law in effect and that did
not have such a law in effect on August
10, 2005 (the date SAFETEA–LU was
enacted) are eligible for a grant as a
Safety Belt Performance State. The
August 10, 2005 date precludes a State
from rescinding an existing primary
safety belt use law in an effort to qualify
as a Safety Belt Performance State. We
believe this would be inconsistent with
SAFETEA–LU’s intent.
Eligibility
The Section 406 Program derives its
definition of ‘‘State’’ from 23 U.S.C. 401.
In accordance with 23 U.S.C. 401, the 50
States, the District of Columbia, Puerto
Rico, American Samoa, the
Commonwealth of the Northern Mariana
Islands, Guam and the Virgin Islands
(‘‘the States’’) are eligible to apply for
grants under Section 406.
Application Procedures
New Primary Law States
To apply for grant funds in a fiscal
year, New Primary Law States must
submit the certifications required by
Appendix 1, signed by the Governor’s
Representative for Highway Safety, to
the appropriate NHTSA Regional
Administrator by no later than July 1 of
the fiscal year. (In order to receive its
grant award as soon as possible
following the date of effectiveness of its
primary safety belt use law, a State is
encouraged to submit this information
earlier than the July 1 deadline of each
year.)
Pre-2003 Primary Law States
Pre-2003 Primary Law States need not
submit an application. SAFETEA–LU
provides that, to the extent funds
remain in each fiscal year after award of
grants to all qualifying New Primary
Law States and Safety Belt Performance
States, including Catch-Up grants,
NHTSA may make awards to Pre-2003
Primary Law States. The Pre-2003
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Primary Law States identified under
that section will receive grants in
accordance with this statutory
provision. Pre-2003 Primary Law States
must submit the certifications required
by Appendix 2, signed by the
Governor’s Representative for Highway
Safety, as a precondition to receiving
grant funds.
Safety Belt Performance States
Beginning in FY 2008, a Safety Belt
Performance State may qualify for a
grant by having safety belt use rates of
85 percent or more for the two
consecutive calendar years preceding
the fiscal year for which it seeks a grant
(i.e., a State seeking a grant in FY 2008
must have a safety belt use rate of 85
percent or more in calendar years 2006
and 2007 and a State seeking a grant in
FY 2009 must have a safety belt use rate
of 85 percent or more in calendar years
2007 and 2008). The reported safety belt
use rates must be at least 85 percent for
each year, as mandated by SAFETEA–
LU, and measured by observational
surveys conducted in accordance with
the Uniform Criteria for State
Observational Surveys of Seat Belt Use,
23 CFR part 1340. The State’s survey
must be reviewed and approved by
NHTSA. A State whose survey has
previously been approved by NHTSA as
conforming to the Uniform Criteria and
whose survey design has remained
unchanged does not need to resubmit its
survey for review. For each survey year,
a Safety Belt Performance State must
provide the use rate information (from
its survey results) and certifications
required by Appendix 3, signed by the
Governor’s Representative for Highway
Safety.
NHTSA will accept the information
and certifications required by Appendix
3 for a given calendar year from June 15
of that calendar year through March 1 of
the following calendar year. States may
conduct more than one survey in a
calendar year, and may submit a safety
belt use rate and accompanying
certification for each survey. For the
purposes of this program, the final
measure of the State’s safety belt use
rate for a given calendar year is the
highest result obtained by the State for
that year, using a conforming survey.
Within 30 days of a State’s submission
of the information and certifications
required by Appendix 3 in each
calendar year, NHTSA will respond
with one of the following: (1) A
confirmation that the submitted safety
belt use rate is based on a survey that
is consistent with the Uniform Criteria
for State Observational Surveys of Seat
Belt Use; (2) a determination that the
submission is not consistent with the
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Uniform Criteria for State Observational
Surveys of Seat Belt Use, with an
explanation of the reasons for this
determination; or, (3) a request for
additional information to assist in
determining whether the reported safety
belt use rate is acceptable.
Award Procedures
Initial Agency Response
New Primary Law States
Within 30 days following receipt of
the specified application materials,
NHTSA will respond to New Primary
Law States with one of the following: (1)
An affirmation that the State’s law
satisfies the requirements for a Section
406 grant; (2) a determination that the
law is not a conforming primary safety
belt use law, with an explanation of the
reasons for this determination; or (3) a
request for additional information to
assist in determining whether the law is
a conforming primary safety belt use
law.
Pre-2003 Primary Law States
If funds remain after all qualifying
New Primary Law States (and,
beginning in FY 2008, all Safety Belt
Performance States) have received their
awards in a fiscal year, the agency will
notify Pre-2003 Primary Law States of
their awards. Before receiving any grant
funds, a Pre-2003 Primary Law State
must submit the certification required
by Appendix 2, as described above
under ‘‘Application Procedures.’’
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Safety Belt Performance States
Beginning in FY 2008, the agency will
notify Safety Belt Performance States of
their awards, based on achieving a
safety belt use rate of 85 percent or more
for the two consecutive calendar years
preceding the fiscal year of the grant.
Before receiving any grant funds, a
Safety Belt Performance State must
submit the certification required by
Appendix 4.
Award of Grant Funds
Section 406 authorizes $124.5 million
during each of four fiscal years from FY
2006 through FY 2009. SAFETEA–LU
provides that, in the event that there are
insufficient funds available to fully fund
all eligible States under the Section 406
grant program, the agency must first
make grants to New Primary Law States
and Safety Belt Performance States, in
the order in which conforming laws are
enacted or the 85 percent use rate is
achieved for 2 consecutive calendar
years, respectively. For purposes of
determining the order of grant awards,
a New Primary Law State will be
deemed to have enacted its law on the
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date it becomes effective (because
SAFETEA–LU requires the law to be ‘‘in
effect’’) and a Safety Belt Performance
State will be deemed to have achieved
its safety belt use rate on December 31
of the second of the two consecutive
calendar years for which it submits its
safety belt use rates (because SAFETEA–
LU and the Uniform Criteria at 23 CFR
part 1340 allow for the measurement of
safety belt use rates throughout the
calendar year). Subject to the
availability of funds in each fiscal year,
NHTSA will award grants to New
Primary Law States and Safety Belt
Performance States based on the date
they were deemed to achieve
compliance. If necessary due to funding
constraints, Safety Belt Performance
States will receive awards in descending
order of the safety belt use rate achieved
during the second of the two
consecutive calendar years on which the
award is based.
SAFETEA–LU provides for a ‘‘CatchUp’’ grant in the next fiscal year to any
New Primary Law State or Safety Belt
Performance State that did not receive a
grant due to a shortfall in available
funds, provided the State’s primary
safety belt use law remains in effect or
its safety belt use rate remains at 85
percent or more in the calendar year
preceding the fiscal year of the CatchUp grant. Subject to these conditions,
should funds be exhausted before
NHTSA has fully funded all New
Primary Law State grants and Safety
Belt Performance State grants in a fiscal
year, these shortfall States will receive
Catch-Up awards before any new grants
are awarded in the following fiscal year.
After awards have been made to all
qualifying New Primary Law States
(and, beginning in FY 2008, to all Safety
Belt Performance States) in a fiscal year,
including all Catch-Up awards, NHTSA
will award any remaining funds in that
fiscal year to Pre-2003 Primary Law
States. SAFETEA–LU provides that
these awards may be made in ‘‘annual
installments.’’ Therefore, if remaining
amounts are insufficient to fully fund
the Pre-2003 Primary Law States,
NHTSA intends to provide each such
State a share of the available funds (up
to the maximum for which the State
qualifies) based on the ratio of the
State’s fully-funded grant to the total
grant funds for which these States
collectively qualify (consistent with
SAFETEA–LU’s requirement that a grant
be made to ‘‘each State’’). A Pre-2003
Primary Law State may continue to
receive annual installment awards only
as long as it remains in compliance with
the award criteria.
In the event that funds remain in the
Section 406 program after all qualifying
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States have been fully funded in FY
2009, including Catch-Up grants and
completion of annual installments,
SAFETEA–LU provides that those
amounts are to be allocated among all
States that have in effect and are
enforcing conforming primary safety
belt use laws. SAFETEA–LU further
provides that the allocations are to be
made in accordance with the formula
for apportioning funds to the States
under Section 402.
Eligible Uses of Grant Funds
As prescribed by SAFETEA–LU, grant
funds awarded under Section 406 may
be used for any safety purpose under
Title 23, United States Code, including
behavioral and infrastructure safety
programs, or for any project that corrects
or improves a hazardous roadway
location or feature or proactively
addresses highway safety problems,
including:
• Intersection improvements;
• Pavement and shoulder widening;
• Installation of rumble strips and
other warning devices;
• Improving skid resistance;
• Improvements for pedestrian or
bicyclist safety;
• Railway-highway crossing safety;
• Traffic calming;
• The elimination of roadside
obstacles;
• Improving highway signage and
pavement marking;
• Installing priority control systems
for emergency vehicles at signalized
intersections;
• Installing traffic control or warning
devices at locations with high accident
potential;
• Safety conscious planning; and,
• Improving crash data collection and
analysis.
SAFETEA–LU stipulates that each
State that receives a Section 406 grant
must expend at least $1 million of those
funds for safety activities under 23
U.S.C. Chapter 4, which are
administered by HTSA, and a State that
receives full funding must meet this
requirement. If a State receives less than
the full grant to which it is entitled in
a fiscal year and receives later catch-up
grants or installments, the State may, at
its election, pro-rate the amount spent
on safety activities under 23 U.S.C.
Chapter 4 across the fiscal years during
which the grant is paid out.
States are encouraged to consult the
Strategic Highway Safety Plan,
developed and implemented in
accordance with 23 U.S.C. 148, when
determining the uses of these grant
funds.
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Financial Accounting and
Administration
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Within 30 days after notification of
award, but in no event later than
September 12, States must submit a
letter to the appropriate NHTSA
Regional Administrator and FHWA
Division Administrator, signed by both
the Governor’s Representative for
Highway Safety and the Chief Executive
of the State’s Department of
Transportation, specifying how the State
intends to split the funds between
behavioral highway safety programs
administered by NHTSA and Federalaid highway safety programs
administered by FHWA, provided that
at least $1 million of the funds (or a prorated amount, as noted above) must be
identified for behavioral highway safety
activities. The funds identified for
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Federal-aid highway safety programs
will be provided to FHWA to
administer. (The letter to the Regional
and Division Administrators is
necessary to ensure proper accounting
for the federal funds.) Within that time
period, States must also submit
electronically to the agency a program
cost summary (HS Form 217) obligating
the NHTSA-administered funds to
programs authorized under 23 U.S.C.
406. Submission of the letter to NHTSA/
FHWA Regional and Division
Administrators and the NHTSA program
cost summary is a precondition to
receiving grant funds. The Federal share
of programs funded under this Section
shall be 100 percent.
Reporting Requirements
Each fiscal year until all Section 406
grant funds are expended, States should
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carefully document how they intend to
use the NHTSA-administered funds in
the Highway Safety Plan they submit
pursuant to 23 U.S.C. 402 (or in an
amendment to that plan) and detail the
program activities accomplished in the
Annual Report they submit pursuant to
23 CFR 1200.33.
Each fiscal year until all Section 406
grant funds are expended, States should
carefully document how they intend to
use the FHWA-administered funds in
the States’ program of projects and
strategies to reduce identified safety
problems pursuant to 23 U.S.C. 148 and
detail the program activities
accomplished in the annual report they
submit pursuant to 23 U.S.C. 148(g).
BILLING CODE 4910–59–P
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4206
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
Issued on: January 19, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06–718 Filed 1–24–06; 8:45 am]
BILLING CODE 4910–59–C
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Notice of Applications for Modification
of Special Permit
Pipeline and Hazardous
Materials Safety Administration, DOT.
ACTION: List of Applications for
Modification of Special Permit.
AGENCY:
SUMMARY: In accordance with the
procedures governing the application
for, and the processing of, special
permits from the department of
Transportation’s Hazardous Material
Regulations (49 CFR Part 107, Subpart
B), notice is hereby given that the Office
Application
No.
Docket No.
of Hazardous Materials Safety has
received the application described
herein. This notice is abbreviated to
expedite docketing and public notice.
Because the sections affected, modes of
transportation, and the nature of
application have been shown in earlier
Federal Register publications, they are
not repeated here. Request of
modifications of special permits e.g. to
provide for additional hazardous
materials, packaging design changes,
additional mode of transportation, etc.)
are described in footnotes to the
application number. Application
numbers with the suffix ‘‘M’’ demote a
modification request. There applications
have been separated from the new
applications for special permits to
facilitate processing.
DATES: Comments must be received on
or before February 9, 2006.
ADDRESSES: Record Center, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Regulation(s)
affected
Applicant
Comments should refer to the
application number and be submitted in
triplicate. If confirmation of receipt of
comments is desired, include a selfaddressed stamped postcard showing
the special permit number.
FOR FURTHER INFORMATION CONTACT:
Copies of the applications are available
for inspection in the Records Center,
Nassif Building, 400 7th Street, SW.,
Washington, DC, or at https://
dms.dot.gov.
This notice of receipt of applications
for modification of special permits is
published in accordance with Part 107
of the Federal hazardous materials
transportation law (49 U.S.C. 5117(b);
49 CFR 1.53(b)).
Issued in Washington, DC, on January 18,
2006.
R. Ryan Posten,
Chief, Special Permits Program, Office of
Hazardous Materials, Special Permits &
Approvals.
Modification of
special permit
Nature of special permit thereof
Modification Special Permits
Dyno Nobel, Inc. Salt
Lake City, UT.
49 CFR
177.848(e)(2);
177.848(g)(3).
11579
11691–M .......
Sensient Flavors, Inc.
Indianapolis, IN.
49 CFR 176.83(d);
176.331;
176.800(a).
11691
12844–M .......
Delphi Corporation
Vandalia, OH.
49 CFR 173.301(h);
173.302(a); 175.3.
12844
12920–M .......
Epichem, Inc. Haverhill, MA.
49 CFR 173.181(c) ...
12920
14183–M .......
LND, Inc. Oceanside,
NY.
49 CFR 173.302a,
172.101(9A).
14183
14282–M .......
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11579–M .......
Dyno Nobel Transportation, Inc. Salt
Lake City, UT.
49 CFR 173.835(g) ..
14282
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To modify the special permit to authorize
the transportation of additional Class 8
materials in non-DOT specification metal
containers.
To modify the special permit to update a
proper shipping description and authorize
the transportation of a Class 9 material
with Class 3 and Class 8 materials not
subject to the segregation requirements
for vessel storage when shipped in the
same transport vehicle.
To modify the special permit to authorize
an increase in maximum service pressure of the non-DOT specification cylinder design.
To modify the special permit to authorize
VCR connections and allow both the 10
and 20 liter drums to be made of 304 or
316 stainless steel.
To modify the special permit to authorize
additional design types, reduce the minimum volumetric capacity of certain design types, and authorize titanium as an
additional material of construction.
To reissue the special permit originally
issued on an emergency basis for the
transportation in commerce of certain
detonators and detonator assemblies on
the same motor vehicle with other Class
1 explosives when they are in separate
and isolated cargo-carrying compartments powered by the same tractor.
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[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Notices]
[Pages 4196-4206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-718]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[NHTSA-2006-23656]
Incentive Grants To Support Increased Safety Belt Use Rates
Section 406 Implementing Guidelines
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Announcement of grant program for States that enact and enforce
primary safety belt use laws or achieve and maintain a high safety belt
use rate without primary safety belt use laws.
-----------------------------------------------------------------------
SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
announces a new primary safety belt use law and safety belt performance
grant
[[Page 4197]]
program to increase safety belt use by Americans in passenger motor
vehicles. The program makes funds available during fiscal years 2006
through 2009 to provide a one-time only grant to States that enact and
enforce primary safety belt use laws within certain time periods or
achieve 85 percent or higher safety belt use for two consecutive years
without a primary safety belt use law. This notice informs the 50
States, the District of Columbia, Puerto Rico, American Samoa, the
Commonwealth of Northern Mariana Islands, Guam and the Virgin Islands,
through their Governors' Representatives for Highway Safety, of the
application procedures to receive grant funds to be made available in
fiscal years 2006 through 2009.
DATES: Applications must be submitted on or before July 1 of the fiscal
year for which a State seeks a grant.
ADDRESSES: Applications must be submitted to the appropriate Regional
Administrator.
FOR FURTHER INFORMATION CONTACT: For program issues, John Oates, Chief,
Implementation Division, Office of Injury Control Operations and
Resources, NTI-200, National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590, telephone (202) 366-2121.
For legal issues, Tina Mun Ro, Attorney-Advisor, Office of Chief
Counsel, NCC-113, National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590, telephone (202) 366-1834.
SUPPLEMENTARY INFORMATION:
Background
Section 2005 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) establishes
a grant program to encourage increased safety belt use by Americans in
passenger motor vehicles. The law accomplishes this by rewarding States
that enact and enforce a primary safety belt use law or, in the absence
of a primary law, achieve and maintain a safety belt use rate of 85
percent or higher in two consecutive years. The one-time grant program
is codified at 23 U.S.C. 406 (``the Section 406 Program''), and allows
recipients to use funds for a variety of highway safety or roadway
safety purposes.
Requirements To Receive a Grant
The Section 406 Program provides three circumstances under which
States may qualify for a one-time grant award. A State may enact a
primary safety belt use law on or after January 1, 2003 (a ``New
Primary Law State''); it may have a primary safety belt use law in
effect on or before December 31, 2002 (a ``Pre-2003 Primary Law
State''); or it may achieve a safety belt use rate of 85 percent or
higher in two consecutive calendar years beginning after December 31,
2005 (a ``Safety Belt Performance State''). These qualification
requirements are described in more detail below. Note that a State may
receive only one grant and under only one of these categories for the
duration of the Section 406 grant program.
New Primary Law States
SAFETEA-LU provides a one-time grant award equal to 475 percent of
the amount apportioned to the State under Section 402(c) for Fiscal
Year (FY) 2003 to any State that ``enacts for the first time after
December 31, 2002, and has in effect and is enforcing a conforming
primary safety belt use law for all passenger motor vehicles.'' Under
this program, a conforming primary safety belt use law is a safety belt
use law that allows law enforcement officials to stop a passenger motor
vehicle and issue a citation to, at a minimum, any front seat passenger
not wearing a safety belt, without the need for probable cause to
believe that another violation has been committed. ``Passenger Motor
Vehicle'' is defined under the statute to mean a passenger car, a
pickup truck, and a van, minivan or sport utility vehicle with a gross
vehicle weight rating of less than 10,000 pounds.
Since SAFETEA-LU contains the qualifier that the safety belt use
law be ``enacted for the first time,'' only States that did not have a
conforming primary safety belt use law in effect at any time on or
before December 31, 2002 may qualify as a New Primary Law State. Also,
since SAFETEA-LU requires the safety belt use law to be ``in effect''
and the State to be ``enforcing'' it, the law must not only be enacted
but be in operation, allowing citations to be issued. Therefore, for
example, a primary safety belt use law that has a future effective date
or that includes a provision limiting enforcement to written warnings
during a ``grace period'' after the law goes into effect would not be
deemed in effect or being enforced until the effective date is reached
or the grace period ends.
In order for a New Primary Law State to qualify for a grant award
in a fiscal year, SAFETEA-LU further requires that the law be enacted
before July 1 of that fiscal year. A law enacted on or after July 1 is
deemed by the statute to be enacted on October 1 of the next Federal
fiscal year. In the event that a State enacts a conforming primary
safety belt use law by June 30 of a fiscal year that will not go into
effect until sometime between July 1 and the cut-off date for award of
that fiscal year's grants, the agency will set aside funds for that
State, but will not award those funds until the agency confirms that
the law is in effect and is being enforced and has received a
certification to that effect from the State.
While NHTSA does not require or encourage the adoption of
exemptions, the agency notes that many existing safety belt use laws
contain a number of exemptions. The agency believes that the Section
406 Program's ultimate goal of achieving higher belt use rates would
not be served by denying a grant to States whose laws contain any
exemptions, without regard to the nature of those exemptions. On the
other hand, some exemptions would so severely undermine the safety
considerations underlying the statute as to render a State whose law
contains such exemptions ineligible for a grant. The agency will review
each State's primary safety belt use law to determine the acceptability
of any exemptions. As NHTSA did in 1998 to implement the Section 405
grant program under the Transportation Equity Act for the 21st Century
(TEA-21), the agency has reviewed existing safety belt use laws and has
determined that the following exemptions are not incompatible with the
requirements of SAFETEA-LU:
Persons with medical conditions who are unable to use a
safety belt, provided there is written documentation from a physician;
Postal, utility, and other commercial drivers who make
frequent stops in the course of their business;
Emergency vehicle operators and passengers;
Persons riding in seating positions or vehicles not
required to be equipped with safety belts;
Public and livery conveyances;
Farm vehicles;
Unrestrained occupants when all safety belts are being
used by other occupants;
Vehicles designed for 10 or more people;
Off-road vehicles;
Persons riding in parade vehicles; and
Persons in the custody of police.
The agency has accepted these exemptions by long-standing
application in safety belt programs. A State that enacts a law with any
exemption other than those identified as acceptable should anticipate
that the agency will review the exemption to determine whether its
impact on traffic safety is minimal and it is, therefore, acceptable.
[[Page 4198]]
Pre-2003 Primary Law States
SAFETEA-LU provides a one-time grant award equal to 200 percent of
the amount apportioned to the State under Section 402(c) for FY 2003 to
``each State that enacted, has in effect, and is enforcing a conforming
primary safety belt use law for all passenger motor vehicles that was
in effect before January 1, 2003.'' NHTSA has identified and reviewed
all primary safety belt use laws enacted before January 1, 2003. The
following States qualify for grants as Pre-2003 Primary Law States:
Alabama, American Samoa, California, Commonwealth of the Northern
Mariana Islands, Connecticut, District of Columbia, Guam, Hawaii, Iowa,
Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North
Carolina, Oklahoma, Oregon, Puerto Rico, Texas, Virgin Islands,
Washington.
Two States that enacted primary safety belt use laws before January
1, 2003, Georgia and Indiana, do not qualify for grants as Pre-2003
Primary Law States because their laws do not include coverage for all
passenger motor vehicles, a requirement of SAFETEA-LU.
Safety Belt Performance States
SAFETEA-LU provides a one-time grant award equal to 475 percent of
the amount apportioned to the State under Section 402(c) for FY 2003 to
any State that does not have a conforming primary safety belt use law
but, after December 31, 2005, has a State safety belt use rate of 85
percent or higher for each of the two consecutive calendar years
immediately preceding the fiscal year in which the State is applying
for the grant. SAFETEA-LU specifies that the safety belt use rate is to
be determined under criteria developed by the Secretary of
Transportation (by delegation, NHTSA).
On September 1, 1998, NHTSA published in the Federal Register the
``Uniform Criteria for State Observational Surveys of Seat Belt Use''
(codified at 23 CFR part 1340). The Uniform Criteria, adopted as a
final rule after addressing State comments, established requirements to
ensure the statistical validity and consistency of safety belt use
surveys conducted in connection with a grant program under the
Transportation Equity Act for the 21st Century (TEA-21). Since States
have already implemented the procedures and deployed the resources to
conduct these surveys, and have been conducting these surveys for many
years, NHTSA intends to retain these Uniform Criteria for use in the
Section 406 Program. This will ensure that the integrity of safety belt
use rate data is maintained without imposing new burdens or procedures
on the States. Therefore, a State seeking a grant as a Safety Belt
Performance State must demonstrate the required safety belt use rates
by conducting surveys in accordance with the Uniform Criteria at 23 CFR
part 1340.
The first fiscal year a State may receive a grant as a Safety Belt
Performance State is FY 2008. This results from SAFETEA-LU's
requirement that the two consecutive calendar years of 85 percent
safety belt use rate begin in calendar year 2006 and precede the fiscal
year of the grant. Only States without a conforming primary safety belt
use law in effect and that did not have such a law in effect on August
10, 2005 (the date SAFETEA-LU was enacted) are eligible for a grant as
a Safety Belt Performance State. The August 10, 2005 date precludes a
State from rescinding an existing primary safety belt use law in an
effort to qualify as a Safety Belt Performance State. We believe this
would be inconsistent with SAFETEA-LU's intent.
Eligibility
The Section 406 Program derives its definition of ``State'' from 23
U.S.C. 401. In accordance with 23 U.S.C. 401, the 50 States, the
District of Columbia, Puerto Rico, American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam and the Virgin Islands (``the
States'') are eligible to apply for grants under Section 406.
Application Procedures
New Primary Law States
To apply for grant funds in a fiscal year, New Primary Law States
must submit the certifications required by Appendix 1, signed by the
Governor's Representative for Highway Safety, to the appropriate NHTSA
Regional Administrator by no later than July 1 of the fiscal year. (In
order to receive its grant award as soon as possible following the date
of effectiveness of its primary safety belt use law, a State is
encouraged to submit this information earlier than the July 1 deadline
of each year.)
Pre-2003 Primary Law States
Pre-2003 Primary Law States need not submit an application.
SAFETEA-LU provides that, to the extent funds remain in each fiscal
year after award of grants to all qualifying New Primary Law States and
Safety Belt Performance States, including Catch-Up grants, NHTSA may
make awards to Pre-2003 Primary Law States. The Pre-2003 Primary Law
States identified under that section will receive grants in accordance
with this statutory provision. Pre-2003 Primary Law States must submit
the certifications required by Appendix 2, signed by the Governor's
Representative for Highway Safety, as a precondition to receiving grant
funds.
Safety Belt Performance States
Beginning in FY 2008, a Safety Belt Performance State may qualify
for a grant by having safety belt use rates of 85 percent or more for
the two consecutive calendar years preceding the fiscal year for which
it seeks a grant (i.e., a State seeking a grant in FY 2008 must have a
safety belt use rate of 85 percent or more in calendar years 2006 and
2007 and a State seeking a grant in FY 2009 must have a safety belt use
rate of 85 percent or more in calendar years 2007 and 2008). The
reported safety belt use rates must be at least 85 percent for each
year, as mandated by SAFETEA-LU, and measured by observational surveys
conducted in accordance with the Uniform Criteria for State
Observational Surveys of Seat Belt Use, 23 CFR part 1340. The State's
survey must be reviewed and approved by NHTSA. A State whose survey has
previously been approved by NHTSA as conforming to the Uniform Criteria
and whose survey design has remained unchanged does not need to
resubmit its survey for review. For each survey year, a Safety Belt
Performance State must provide the use rate information (from its
survey results) and certifications required by Appendix 3, signed by
the Governor's Representative for Highway Safety.
NHTSA will accept the information and certifications required by
Appendix 3 for a given calendar year from June 15 of that calendar year
through March 1 of the following calendar year. States may conduct more
than one survey in a calendar year, and may submit a safety belt use
rate and accompanying certification for each survey. For the purposes
of this program, the final measure of the State's safety belt use rate
for a given calendar year is the highest result obtained by the State
for that year, using a conforming survey. Within 30 days of a State's
submission of the information and certifications required by Appendix 3
in each calendar year, NHTSA will respond with one of the following:
(1) A confirmation that the submitted safety belt use rate is based on
a survey that is consistent with the Uniform Criteria for State
Observational Surveys of Seat Belt Use; (2) a determination that the
submission is not consistent with the
[[Page 4199]]
Uniform Criteria for State Observational Surveys of Seat Belt Use, with
an explanation of the reasons for this determination; or, (3) a request
for additional information to assist in determining whether the
reported safety belt use rate is acceptable.
Award Procedures
Initial Agency Response
New Primary Law States
Within 30 days following receipt of the specified application
materials, NHTSA will respond to New Primary Law States with one of the
following: (1) An affirmation that the State's law satisfies the
requirements for a Section 406 grant; (2) a determination that the law
is not a conforming primary safety belt use law, with an explanation of
the reasons for this determination; or (3) a request for additional
information to assist in determining whether the law is a conforming
primary safety belt use law.
Pre-2003 Primary Law States
If funds remain after all qualifying New Primary Law States (and,
beginning in FY 2008, all Safety Belt Performance States) have received
their awards in a fiscal year, the agency will notify Pre-2003 Primary
Law States of their awards. Before receiving any grant funds, a Pre-
2003 Primary Law State must submit the certification required by
Appendix 2, as described above under ``Application Procedures.''
Safety Belt Performance States
Beginning in FY 2008, the agency will notify Safety Belt
Performance States of their awards, based on achieving a safety belt
use rate of 85 percent or more for the two consecutive calendar years
preceding the fiscal year of the grant. Before receiving any grant
funds, a Safety Belt Performance State must submit the certification
required by Appendix 4.
Award of Grant Funds
Section 406 authorizes $124.5 million during each of four fiscal
years from FY 2006 through FY 2009. SAFETEA-LU provides that, in the
event that there are insufficient funds available to fully fund all
eligible States under the Section 406 grant program, the agency must
first make grants to New Primary Law States and Safety Belt Performance
States, in the order in which conforming laws are enacted or the 85
percent use rate is achieved for 2 consecutive calendar years,
respectively. For purposes of determining the order of grant awards, a
New Primary Law State will be deemed to have enacted its law on the
date it becomes effective (because SAFETEA-LU requires the law to be
``in effect'') and a Safety Belt Performance State will be deemed to
have achieved its safety belt use rate on December 31 of the second of
the two consecutive calendar years for which it submits its safety belt
use rates (because SAFETEA-LU and the Uniform Criteria at 23 CFR part
1340 allow for the measurement of safety belt use rates throughout the
calendar year). Subject to the availability of funds in each fiscal
year, NHTSA will award grants to New Primary Law States and Safety Belt
Performance States based on the date they were deemed to achieve
compliance. If necessary due to funding constraints, Safety Belt
Performance States will receive awards in descending order of the
safety belt use rate achieved during the second of the two consecutive
calendar years on which the award is based.
SAFETEA-LU provides for a ``Catch-Up'' grant in the next fiscal
year to any New Primary Law State or Safety Belt Performance State that
did not receive a grant due to a shortfall in available funds, provided
the State's primary safety belt use law remains in effect or its safety
belt use rate remains at 85 percent or more in the calendar year
preceding the fiscal year of the Catch-Up grant. Subject to these
conditions, should funds be exhausted before NHTSA has fully funded all
New Primary Law State grants and Safety Belt Performance State grants
in a fiscal year, these shortfall States will receive Catch-Up awards
before any new grants are awarded in the following fiscal year.
After awards have been made to all qualifying New Primary Law
States (and, beginning in FY 2008, to all Safety Belt Performance
States) in a fiscal year, including all Catch-Up awards, NHTSA will
award any remaining funds in that fiscal year to Pre-2003 Primary Law
States. SAFETEA-LU provides that these awards may be made in ``annual
installments.'' Therefore, if remaining amounts are insufficient to
fully fund the Pre-2003 Primary Law States, NHTSA intends to provide
each such State a share of the available funds (up to the maximum for
which the State qualifies) based on the ratio of the State's fully-
funded grant to the total grant funds for which these States
collectively qualify (consistent with SAFETEA-LU's requirement that a
grant be made to ``each State''). A Pre-2003 Primary Law State may
continue to receive annual installment awards only as long as it
remains in compliance with the award criteria.
In the event that funds remain in the Section 406 program after all
qualifying States have been fully funded in FY 2009, including Catch-Up
grants and completion of annual installments, SAFETEA-LU provides that
those amounts are to be allocated among all States that have in effect
and are enforcing conforming primary safety belt use laws. SAFETEA-LU
further provides that the allocations are to be made in accordance with
the formula for apportioning funds to the States under Section 402.
Eligible Uses of Grant Funds
As prescribed by SAFETEA-LU, grant funds awarded under Section 406
may be used for any safety purpose under Title 23, United States Code,
including behavioral and infrastructure safety programs, or for any
project that corrects or improves a hazardous roadway location or
feature or proactively addresses highway safety problems, including:
Intersection improvements;
Pavement and shoulder widening;
Installation of rumble strips and other warning devices;
Improving skid resistance;
Improvements for pedestrian or bicyclist safety;
Railway-highway crossing safety;
Traffic calming;
The elimination of roadside obstacles;
Improving highway signage and pavement marking;
Installing priority control systems for emergency vehicles
at signalized intersections;
Installing traffic control or warning devices at locations
with high accident potential;
Safety conscious planning; and,
Improving crash data collection and analysis.
SAFETEA-LU stipulates that each State that receives a Section 406
grant must expend at least $1 million of those funds for safety
activities under 23 U.S.C. Chapter 4, which are administered by HTSA,
and a State that receives full funding must meet this requirement. If a
State receives less than the full grant to which it is entitled in a
fiscal year and receives later catch-up grants or installments, the
State may, at its election, pro-rate the amount spent on safety
activities under 23 U.S.C. Chapter 4 across the fiscal years during
which the grant is paid out.
States are encouraged to consult the Strategic Highway Safety Plan,
developed and implemented in accordance with 23 U.S.C. 148, when
determining the uses of these grant funds.
[[Page 4200]]
Financial Accounting and Administration
Within 30 days after notification of award, but in no event later
than September 12, States must submit a letter to the appropriate NHTSA
Regional Administrator and FHWA Division Administrator, signed by both
the Governor's Representative for Highway Safety and the Chief
Executive of the State's Department of Transportation, specifying how
the State intends to split the funds between behavioral highway safety
programs administered by NHTSA and Federal-aid highway safety programs
administered by FHWA, provided that at least $1 million of the funds
(or a pro-rated amount, as noted above) must be identified for
behavioral highway safety activities. The funds identified for Federal-
aid highway safety programs will be provided to FHWA to administer.
(The letter to the Regional and Division Administrators is necessary to
ensure proper accounting for the federal funds.) Within that time
period, States must also submit electronically to the agency a program
cost summary (HS Form 217) obligating the NHTSA-administered funds to
programs authorized under 23 U.S.C. 406. Submission of the letter to
NHTSA/FHWA Regional and Division Administrators and the NHTSA program
cost summary is a precondition to receiving grant funds. The Federal
share of programs funded under this Section shall be 100 percent.
Reporting Requirements
Each fiscal year until all Section 406 grant funds are expended,
States should carefully document how they intend to use the NHTSA-
administered funds in the Highway Safety Plan they submit pursuant to
23 U.S.C. 402 (or in an amendment to that plan) and detail the program
activities accomplished in the Annual Report they submit pursuant to 23
CFR 1200.33.
Each fiscal year until all Section 406 grant funds are expended,
States should carefully document how they intend to use the FHWA-
administered funds in the States' program of projects and strategies to
reduce identified safety problems pursuant to 23 U.S.C. 148 and detail
the program activities accomplished in the annual report they submit
pursuant to 23 U.S.C. 148(g).
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Issued on: January 19, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06-718 Filed 1-24-06; 8:45 am]
BILLING CODE 4910-59-C
