Incentive Grant Program To Prohibit Racial Profiling, 5727-5729 [E6-1427]

Download as PDF Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices 12300 West Dakota Avenue Suite 310, Lakewood, CO 80228–2583, (720) 963–3300. Region IX—California, Arizona, Nevada, Hawaii, American Samoa, Guam, Leslie Rogers, FTA Regional Administrator, 201 Mission Street, Suite 1650, San Francisco, CA 94105–1831, (415) 744–3133. Signature Page Region X—Washington, Oregon, Idaho, Alaska, Richard Krochalis, FTA Regional Certifications and Assurances for the Affirmation of Applicant’s Attorney Administrator, Jackson Federal Building, 915 FTA Over-the-Road Bus Accessibility For (Name of Applicant): lllllllll Second Avenue, Suite 3142, Seattle, WA Program As the undersigned Attorney for the above 98174–1002, (206) 220–7954. named Applicant, I hereby affirm to the The Applicant agrees to comply with the [FR Doc. E6–1396 Filed 2–1–06; 8:45 am] Applicant that it has authority under state applicable requirements of the following BILLING CODE 4910–57–P and local law to make and comply with the Categories of certifications and assurances it certifications and assurances as indicated on has selected below: the foregoing pages. I further affirm that, in my opinion, the certifications and assurances DEPARTMENT OF TRANSPORTATION Category Description have been legally made and constitute legal I. ............. For Each Applicant ... lll and binding obligations on the Applicant. National Highway Traffic Safety II. ........... Lobbying .................... lll I further affirm to the Applicant that, to the Administration best of my knowledge, there is no legislation Affirmation of Applicant [NHTSA–2006–23772] or litigation pending or imminent that might Name of Applicant: lllllllllll adversely affect the validity of these Incentive Grant Program To Prohibit certifications and assurances, or of the Name and Relationship of Authorized RepRacial Profiling performance of the project. resentative: lllllllllllllll Signature llllllllllllllll AGENCY: National Highway Traffic BY SIGNING BELOW, on behalf of the Date: llllllllllllllllll Safety Administration, DOT. Applicant, I declare that the Applicant has duly authorized me to make the certifications Name llllllllllllllllll ACTION: Announcement of an incentive and assurances set forth above and bind the Attorney for Applicant grant program to encourage States to Applicant’s compliance. Thus, the Applicant (These Signature Pages must be appropriately enact and enforce laws that prohibit the agrees to comply with all Federal statutes, completed and signed as indicated.) use of racial profiling in the regulations, executive orders, and Federal enforcement of traffic laws on Federalrequirements applicable to each application Appendix C—FTA Regional Offices aid highways, and to maintain and it makes to the Federal Transit Region I—Massachusetts, Rhode Island, Administration (FTA) in Federal Fiscal Year allow public inspection of statistics on Connecticut, New Hampshire, Vermont and 2006. motor vehicle stops. Maine, Richard H. Doyle, FTA Regional FTA intends that the certifications and Administrator, Volpe National assurances the Applicant selects above, as SUMMARY: The National Highway Traffic Transportation Systems Center, Kendall representative of the certifications and Safety Administration (NHTSA) Square, 55 Broadway, Suite 920, Cambridge, assurances in set forth in this document, announces a new incentive grant MA 02142–1093, (617) 494–2055. should apply, as required, to each Over-theRegion II—New York, New Jersey, Virgin program concerning racial profiling Road Bus Accessibility Grant for which the Islands, Letitia Thompson, FTA Regional under section 1906 of the Safe, Applicant seeks now, or may later, seek FTA Administrator, One Bowling Green, Room Accountable, Flexible, Efficient assistance during Federal Fiscal Year 2006. 429, New York, NY 10004–1415, (212) 668– Transportation Equity Act: A Legacy For The Applicant affirms the truthfulness and 2170. Users (SAFETEA–LU). This Notice accuracy of the certifications and assurances Region III—Pennsylvania, Maryland, it has made in the statements submitted informs the 50 states, the District of Virginia, West Virginia, Delaware, herein with this document and any other Columbia, Puerto Rico, the Virgin Washington, DC, Susan Borinsky, FTA submission made to FTA, and acknowledges Islands, Guam, American Samoa, and Regional Administrator, 1760 Market Street, that the provisions of the Program Fraud the Commonwealth of the Northern Suite 500, Philadelphia, PA 19103–4124, Civil Remedies Act of 1986, 31 U.S.C. 3801 (215) 656–7100. Mariana Islands, through their et seq., as implemented by U.S. DOT Region IV—Georgia, North Carolina, South Governors’ Representatives for Highway regulations, ‘‘Program Fraud Civil Carolina, Florida, Mississippi, Tennessee, Safety, of the application procedures for Remedies,’’ 49 CFR part 31 apply to any Kentucky, Alabama, Puerto Rico, Yvette G. grants available in fiscal years 2006 certification, assurance or submission made Taylor, FTA Regional Administrator, 61 to FTA. The criminal fraud provisions of 18 through 2009. Forsyth Street, SW., Suite 17T50, Atlanta, GA U.S.C. 1001 apply to any certification, DATES: Applications must be received 30303, (404) 562–3500. assurance, or submission made in connection by the appropriate NHTSA Regional Region V—Illinois, Indiana, Ohio, with a Federal Transit program authorized in Office on or before July 1 of the fiscal Wisconsin, Minnesota, Michigan, Marisol R. Chapter 53 or any other statute Simon, FTA Regional Administrator, 200 year for which a State seeks a grant. In signing this document, I declare under West Adams Street, Suite 320, Chicago, IL penalties of perjury that the foregoing ADDRESSES: Applications must be 60606–5232, (312) 353–2789. certifications and assurances, and any other submitted to the appropriate Regional Region VI—Texas, New Mexico, Louisiana, statements made by me on behalf of the Administrator. Arkansas, Oklahoma, Robert Patrick, FTA Applicant are true and correct. Regional Administrator, 819 Taylor Street, FOR FURTHER INFORMATION CONTACT: For Signature llllllllllllllll Room 8A36, Ft. Worth, TX 76102, (817) 978– program issues, Keith Williams, Office Date: llllllllllllllllll 0550. of Traffic Injury Control, Enforcement & Name llllllllllllllllll Region VII—Iowa, Nebraska, Kansas, Justice Services Division (NTI–122), Missouri, Mokhtee Ahmad, FTA Regional Authorized Representative of Applicant NHTSA, 400 Seventh Street, SW., Room Administrator, 901 Locust Street, Suite 404, 5130, Washington, DC, 20590, by phone Signature Page Kansas City, MO 64106, (816) 329–3920. at (202) 366–0543 or by e-mail at Region VIII—Colorado, North Dakota, Each Applicant for an FTA Over-the-Road Bus Accessibility Grant must provide an South Dakota, Montana, Wyoming, Utah, Lee keith.williams@nhtsa.dot.gov. For legal issues, Dana Sade, Office of Chief Affirmation of Applicant’s Attorney Waddleton, FTA Regional Administrator, providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The Applicant also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. hsrobinson on PROD1PC71 with NOTICES pertaining to the Applicant’s legal capacity. The Applicant may enter its signature in lieu of the Attorney’s signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year, and the Attorney’s Affirmation has been entered into the TEAM-Web system as an attachment. 5727 VerDate Aug<31>2005 15:26 Feb 01, 2006 Jkt 208001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\02FEN1.SGM 02FEN1 5728 Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices Counsel, NCC–113, NHTSA, 400 Seventh Street, SW., Room 5219, Washington, DC 20590, by phone at (202) 366–1834 or by e-mail at dana.sade@nhtsa.dot.gov. SUPPLEMENTARY INFORMATION: Background Section 1906 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA–LU) establishes an incentive grant program to prohibit racial profiling (‘‘the Section 1906 Program’’). The purpose of the grant program is to encourage States to enact and enforce laws that prohibit the use of racial profiling in traffic law enforcement and to maintain and allow public inspection of statistical information regarding the race and ethnicity of the driver and any passengers for each motor vehicle stop in the State. Section 1906 authorizes $7.5 million in funding each year from FY 2006 through FY 2009.1 The Section 1906 Grant Program is set forth in an uncodified footnote to 23 U.S.C. 402. Today’s Notice solicits applications for grants under this program. States qualifying for a grant will receive an amount determined by multiplying the amount available for awards under the section 1906 Program in a fiscal year by the ratio that the funds apportioned to the State under section 402 for that fiscal year bears to the funds apportioned to all eligible States under section 402 for that fiscal year, up to a maximum award of 5 percent of the amount made available to carry out section 1906 in that fiscal year. SAFETEA–LU provides that a State may not receive a grant for more than 2 fiscal years if it is qualifying for the grant only by providing assurances to the Secretary that it is undertaking activities to comply, rather than by enacting a complying law. hsrobinson on PROD1PC71 with NOTICES Definitions As provided in section 1906— Racial Profiling means use by a State or local law enforcement officer of the race or ethnicity of a driver or passenger to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways.2 As limited by 1 Congress actually authorized the section 1906 grant program for 5 years from FY 2005 through FY 2009. However, grant funds authorized under the section 1906 Program did not become available to DOT until too late into in FY 2005 to make awards during that fiscal year. The $7.5 million authorized for FY 2005 grants remains available and will be added to the amount available for grant awards in FY 2006, the first year in which grants will be awarded under this program. 2 Use of the term ‘‘Federal-aid highway’’ is governed by Chapter 1 of Title 23, which defines VerDate Aug<31>2005 15:26 Feb 01, 2006 Jkt 208001 section 1906, this term does not include the manner in which a State or local law enforcement officer considers race or ethnicity when trustworthy, relevant, location-specific and timely information links persons of a particular race or ethnicity to an identified criminal incident, scheme or organization. Statistical Information on Traffic Stops and Traffic Stop Data mean information on the race and ethnicity of the driver and any passengers for each motor vehicle stop made by a State or local law enforcement officer on a Federal-aid highway. Requirements To Receive a Grant SAFETEA–LU provides that a State may qualify for a grant under the Section 1906 Program in one of two ways: (a) By enacting and enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways and maintaining and allowing public inspection of statistical information on the race and ethnicity of the driver and any passengers for each such motor vehicle stop made by a law enforcement officer on a Federal-aid highway (a ‘‘Law State’’); or (b) by providing satisfactory assurances to the Secretary that the State is undertaking activities to prohibit racial profiling and to maintain and provide public access to data on the race and ethnicity of the driver and passengers for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway (an ‘‘Assurances State’’). A State may not receive a grant for more than two fiscal years if it is qualifying for the grant as an Assurances State. Eligibility The 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands are eligible to apply for grants under the section 1906 grant program. Application Procedures To apply for grant funds in a fiscal year, a Law State must submit the certification required by Appendix 1 and an Assurances State must submit the certification required by Appendix 2, signed by the Governor’s Representative for Highway Safety, to the appropriate NHTSA Regional Administrator no later than July 1 of the fiscal year. it as a highway eligible for assistance under Chapter 1 other than a highway classified as a local road or rural minor collector (i.e., all public roads except local and minor rural roads). PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Award Notification NHTSA will review the information referenced in each State’s Certification for compliance with section 1906 and notify qualifying States in writing of grant awards. Eligible Uses of Grant Funds As prescribed by SAFETEA–LU— Law States may use section 1906 grant funds for: Æ Collecting and maintaining data on traffic stops; Æ Evaluating the results of such data; and Æ Developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers. Assurances States may use section 1906 grant funds for: Æ Funding activities to prohibit racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; Æ Collecting, maintaining and providing public access to traffic stop data; Æ Evaluating the results of such data; and Æ Developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers. Financial Accounting and Administration Within 30 days after notification of award, but in no event later than September 12, a State must submit electronically to the agency a program cost summary (HS Form 217) obligating the funds to the Section 1906 Program. Submission of the program cost summary is necessary to ensure proper accounting for federal funds and is a precondition to receiving grant funds. The Federal share of programs funded under this section shall not exceed 80 percent. Reporting Requirements Each fiscal year until all section 1906 grant funds are expended, States should carefully document how they intend to use the 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. Appendix 1: Racial Profiling Incentive Grant Law State Certification State (or Commonwealth): llllllll Fiscal Year: lllllllllllllll I hereby certify that: (1) the State’s law prohibiting racial profiling, available at E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices lllllllllllllllllllll (include legal citations to all relevant provisions) is (check one): bin effect and being enforced, bwill be in effect on lll (date) and will be enforced on lll (date); (2) that the State maintains and allows public inspection of statistical information on the race and ethnicity of the driver and any passengers for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway, pursuant to the following official document(s) (e.g., State law, Executive Order, or policy) available at lllllllllllllllllllll (include legal or other citations to all relevant provisions) and (3) that, if awarded Section 1906 grant funds, the State: • Will use the funds in accordance with the requirements of Section 1906 of SAFETEA–LU, Pub. L. 109–59; and • Will administer the funds in accordance with 49 CFR Part 18. lllllllllllllllllllll Governor’s Highway Safety Representative Date lllllllllllllllllllll Appendix 2: Racial Profiling Incentive Grant hsrobinson on PROD1PC71 with NOTICES Assurances State Certification Issued on: January 30, 2006. Jacqueline Glassman, Deputy Administrator. [FR Doc. E6–1427 Filed 2–1–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–23771] State Traffic Safety Information System Improvement Grants National Highway Traffic Safety Administration, DOT. ACTION: Announcement of grants to support state traffic safety information system improvements. AGENCY: SUMMARY: The National Highway Traffic Safety Administration (NHTSA) announces a grant program to improve State traffic safety information systems under Section 2006 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA–LU). This Notice informs the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, through their Governors’ Representatives for Highway Safety, and the Bureau of Indian Affairs (on behalf of the Indian tribes), of the application procedures to receive grants to be made available in fiscal years 2006 through 2009. DATES: Applications must be received by the appropriate NHTSA Regional Office on or before June 15 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, Jack Oates, Office of Traffic Injury Control, Injury Control Operations and Resources (NTI–200), NHTSA, 400 Seventh Street, SW., Room 5118, Washington, DC 20590, by phone at (202) 366–2121 or by e-mail at jack.oates@nhtsa.dot.gov. For legal issues, Dana Sade, Office of Chief Counsel, NCC–113, NHTSA, 400 Seventh Street, SW., Room 5219, Washington, DC 20590, by phone at (202) 366–1834 or by email at dana.sade@nhtsa.dot.gov. SUPPLEMENTARY INFORMATION: State (or Commonwealth): llllllll Fiscal Year: lllllllllllllll I certify that: (1) the State is undertaking activities to prohibit the use of racial profiling in the enforcement of State laws regulating the use of all Federal-aid highways, as described in the following official document(s) (e.g., State law, Executive Order, policy) available at lllllllllllllllllllll (include legal and other citations to all relevant provisions) (2) the State is undertaking activities to maintain and allow public inspection of statistical information on the race and ethnicity of the driver and any passengers for each motor vehicle stop made by a State or local law enforcement officer on a Federalaid highway, as described in the following official document(s) (e.g., State law, Executive Order, policy) available at lllllllllllllllllllll (include legal and other citations to all relevant provisions) and (3) that, if awarded Section 1906 grant funds, the State: • will use the funds in accordance with the requirements of Section 1906 of SAFETEA–LU, Pub. L. 109–59; and • will administer the funds in accordance with 49 CFR Part 18. lllllllllllllllllllll Background Governor’s Highway Safety Representative Section 2006 of the Safe, Accountable, lllllllllllllllllllll Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA–LU) Date VerDate Aug<31>2005 15:26 Feb 01, 2006 Jkt 208001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 5729 establishes a State traffic safety information system improvement grant program, administered by NHTSA. The purpose of this grant program is to support the development and implementation of effective programs by the States to: (1) Improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data that States need to identify priorities for national, State and local highway and traffic safety programs; (2) evaluate the effectiveness of efforts to make such improvements; (3) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; and (4) improve the compatibility and interoperability of the States’ data systems with national traffic safety data systems and data systems of other States and enhance NHTSA’s ability to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. Section 2006 authorizes $34.5 million in funding for each of four fiscal years from FY 2006 through FY 2009. The Section 2006 grant program is codified in 23 U.S.C. 408 (‘‘the Section 408 Program’’). Today’s Notice solicits applications for grants under this program. SAFETEA–LU provides that the amount of each first fiscal year grant shall be the higher of $300,000 or an amount determined by multiplying the amount appropriated to carry out the Section 408 Program for that fiscal year by the ratio that the funds apportioned to the State under section 402 for FY 2003 bears to the funds apportioned to all eligible States under section 402 for FY 2003. Each State that qualifies for a successive fiscal year grant shall be eligible to receive the higher of $500,000 or an amount determined by multiplying the amount appropriated to carry out the Section 408 Program for that fiscal year by the ratio that the funds apportioned to the State under section 402 for FY 2003 bears to the funds apportioned to all eligible States under section 402 for FY 2003. No State may receive a grant under this section in more than four years. Requirements To Receive a Grant First Year Grants SAFETEA–LU provides that a State may qualify for a first year grant by demonstrating that it has: (a) Established a highway safety data and traffic records coordinating committee (a ‘‘TRCC’’); and (b) developed a multiyear highway safety data and traffic records system strategic plan (a ‘‘Multiyear Plan’’ or ‘‘Strategic Plan’’). E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5727-5729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1427]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA-2006-23772]


Incentive Grant Program To Prohibit Racial Profiling

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Announcement of an incentive grant program to encourage States 
to enact and enforce laws that prohibit the use of racial profiling in 
the enforcement of traffic laws on Federal-aid highways, and to 
maintain and allow public inspection of statistics on motor vehicle 
stops.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
announces a new incentive grant program concerning racial profiling 
under section 1906 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy For Users (SAFETEA-LU). This Notice 
informs the 50 states, the District of Columbia, Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands, through their Governors' Representatives for 
Highway Safety, of the application procedures for grants available in 
fiscal years 2006 through 2009.

DATES: Applications must be received by the appropriate NHTSA Regional 
Office 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, Keith Williams, 
Office of Traffic Injury Control, Enforcement & Justice Services 
Division (NTI-122), NHTSA, 400 Seventh Street, SW., Room 5130, 
Washington, DC, 20590, by phone at (202) 366-0543 or by e-mail at 
keith.williams@nhtsa.dot.gov. For legal issues, Dana Sade, Office of 
Chief

[[Page 5728]]

Counsel, NCC-113, NHTSA, 400 Seventh Street, SW., Room 5219, 
Washington, DC 20590, by phone at (202) 366-1834 or by e-mail at 
dana.sade@nhtsa.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 1906 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy For Users (SAFETEA-LU) establishes 
an incentive grant program to prohibit racial profiling (``the Section 
1906 Program''). The purpose of the grant program is to encourage 
States to enact and enforce laws that prohibit the use of racial 
profiling in traffic law enforcement and to maintain and allow public 
inspection of statistical information regarding the race and ethnicity 
of the driver and any passengers for each motor vehicle stop in the 
State. Section 1906 authorizes $7.5 million in funding each year from 
FY 2006 through FY 2009.\1\ The Section 1906 Grant Program is set forth 
in an uncodified footnote to 23 U.S.C. 402.
---------------------------------------------------------------------------

    \1\ Congress actually authorized the section 1906 grant program 
for 5 years from FY 2005 through FY 2009. However, grant funds 
authorized under the section 1906 Program did not become available 
to DOT until too late into in FY 2005 to make awards during that 
fiscal year. The $7.5 million authorized for FY 2005 grants remains 
available and will be added to the amount available for grant awards 
in FY 2006, the first year in which grants will be awarded under 
this program.
---------------------------------------------------------------------------

    Today's Notice solicits applications for grants under this program. 
States qualifying for a grant will receive an amount determined by 
multiplying the amount available for awards under the section 1906 
Program in a fiscal year by the ratio that the funds apportioned to the 
State under section 402 for that fiscal year bears to the funds 
apportioned to all eligible States under section 402 for that fiscal 
year, up to a maximum award of 5 percent of the amount made available 
to carry out section 1906 in that fiscal year. SAFETEA-LU provides that 
a State may not receive a grant for more than 2 fiscal years if it is 
qualifying for the grant only by providing assurances to the Secretary 
that it is undertaking activities to comply, rather than by enacting a 
complying law.

Definitions

    As provided in section 1906--
    Racial Profiling means use by a State or local law enforcement 
officer of the race or ethnicity of a driver or passenger to any degree 
in making routine or spontaneous law enforcement decisions, such as 
ordinary traffic stops on Federal-aid highways.\2\ As limited by 
section 1906, this term does not include the manner in which a State or 
local law enforcement officer considers race or ethnicity when 
trustworthy, relevant, location-specific and timely information links 
persons of a particular race or ethnicity to an identified criminal 
incident, scheme or organization.
---------------------------------------------------------------------------

    \2\ Use of the term ``Federal-aid highway'' is governed by 
Chapter 1 of Title 23, which defines it as a highway eligible for 
assistance under Chapter 1 other than a highway classified as a 
local road or rural minor collector (i.e., all public roads except 
local and minor rural roads).
---------------------------------------------------------------------------

    Statistical Information on Traffic Stops and Traffic Stop Data mean 
information on the race and ethnicity of the driver and any passengers 
for each motor vehicle stop made by a State or local law enforcement 
officer on a Federal-aid highway.

Requirements To Receive a Grant

    SAFETEA-LU provides that a State may qualify for a grant under the 
Section 1906 Program in one of two ways: (a) By enacting and enforcing 
a law that prohibits the use of racial profiling in the enforcement of 
State laws regulating the use of Federal-aid highways and maintaining 
and allowing public inspection of statistical information on the race 
and ethnicity of the driver and any passengers for each such motor 
vehicle stop made by a law enforcement officer on a Federal-aid highway 
(a ``Law State''); or (b) by providing satisfactory assurances to the 
Secretary that the State is undertaking activities to prohibit racial 
profiling and to maintain and provide public access to data on the race 
and ethnicity of the driver and passengers for each motor vehicle stop 
made by a law enforcement officer on a Federal-aid highway (an 
``Assurances State''). A State may not receive a grant for more than 
two fiscal years if it is qualifying for the grant as an Assurances 
State.

Eligibility

    The 50 states, the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands are eligible to apply for grants under the section 1906 
grant program.

Application Procedures

    To apply for grant funds in a fiscal year, a Law State must submit 
the certification required by Appendix 1 and an Assurances State must 
submit the certification required by Appendix 2, signed by the 
Governor's Representative for Highway Safety, to the appropriate NHTSA 
Regional Administrator no later than July 1 of the fiscal year.

Award Notification

    NHTSA will review the information referenced in each State's 
Certification for compliance with section 1906 and notify qualifying 
States in writing of grant awards.

Eligible Uses of Grant Funds

    As prescribed by SAFETEA-LU--
    Law States may use section 1906 grant funds for:
    [cir] Collecting and maintaining data on traffic stops;
    [cir] Evaluating the results of such data; and
    [cir] Developing and implementing programs to reduce the occurrence 
of racial profiling, including programs to train law enforcement 
officers.
    Assurances States may use section 1906 grant funds for:
    [cir] Funding activities to prohibit racial profiling in the 
enforcement of State laws regulating the use of Federal-aid highways;
    [cir] Collecting, maintaining and providing public access to 
traffic stop data;
    [cir] Evaluating the results of such data; and
    [cir] Developing and implementing programs to reduce the occurrence 
of racial profiling, including programs to train law enforcement 
officers.

Financial Accounting and Administration

    Within 30 days after notification of award, but in no event later 
than September 12, a State must submit electronically to the agency a 
program cost summary (HS Form 217) obligating the funds to the Section 
1906 Program. Submission of the program cost summary is necessary to 
ensure proper accounting for federal funds and is a precondition to 
receiving grant funds. The Federal share of programs funded under this 
section shall not exceed 80 percent.

Reporting Requirements

    Each fiscal year until all section 1906 grant funds are expended, 
States should carefully document how they intend to use the 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.

Appendix 1: Racial Profiling Incentive Grant

Law State Certification

State (or Commonwealth):-----------------------------------------------
Fiscal Year:-----------------------------------------------------------
I hereby certify that:

    (1) the State's law prohibiting racial profiling, available at


[[Page 5729]]


-----------------------------------------------------------------------
(include legal citations to all relevant provisions)

is (check one):
[ballot]in effect and being enforced,
[ballot]will be in effect on ------ (date) and will be enforced on 
------ (date);
    (2) that the State maintains and allows public inspection of 
statistical information on the race and ethnicity of the driver and 
any passengers for each motor vehicle stop made by a law enforcement 
officer on a Federal-aid highway, pursuant to the following official 
document(s) (e.g., State law, Executive Order, or policy) available 
at

-----------------------------------------------------------------------
(include legal or other citations to all relevant provisions)

     and
    (3) that, if awarded Section 1906 grant funds, the State:
     Will use the funds in accordance with the requirements 
of Section 1906 of SAFETEA-LU, Pub. L. 109-59; and
     Will administer the funds in accordance with 49 CFR 
Part 18.

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Governor's Highway Safety Representative

Date
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Appendix 2: Racial Profiling Incentive Grant

Assurances State Certification

State (or Commonwealth):-----------------------------------------------
Fiscal Year:-----------------------------------------------------------
I certify that:

    (1) the State is undertaking activities to prohibit the use of 
racial profiling in the enforcement of State laws regulating the use 
of all Federal-aid highways, as described in the following official 
document(s) (e.g., State law, Executive Order, policy) available at
-----------------------------------------------------------------------
(include legal and other citations to all relevant provisions)

    (2) the State is undertaking activities to maintain and allow 
public inspection of statistical information on the race and 
ethnicity of the driver and any passengers for each motor vehicle 
stop made by a State or local law enforcement officer on a Federal-
aid highway, as described in the following official document(s) 
(e.g., State law, Executive Order, policy) available at
-----------------------------------------------------------------------
(include legal and other citations to all relevant provisions)

     and
    (3) that, if awarded Section 1906 grant funds, the State:
     will use the funds in accordance with the requirements 
of Section 1906 of SAFETEA-LU, Pub. L. 109-59; and
     will administer the funds in accordance with 49 CFR 
Part 18.
-----------------------------------------------------------------------
Governor's Highway Safety Representative

-----------------------------------------------------------------------
Date

    Issued on: January 30, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. E6-1427 Filed 2-1-06; 8:45 am]
BILLING CODE 4910-59-P