Incentive Grant Program To Prohibit Racial Profiling, 5727-5729 [E6-1427]
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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.
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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
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15:26 Feb 01, 2006
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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).
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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
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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
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15:26 Feb 01, 2006
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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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]]
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(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.
-----------------------------------------------------------------------
Governor's Highway Safety Representative
Date
-----------------------------------------------------------------------
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.
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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
