Uniform Procedures for State Highway Safety Grant Programs, 37113-37116 [2024-09732]

Agencies

• Federal Highway Administration
• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37113-37116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09732]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 490

National Highway Traffic Safety Administration

23 CFR Part 1300

RIN 2127-AM45


Uniform Procedures for State Highway Safety Grant Programs

AGENCY: National Highway Traffic Safety Administration (NHTSA), Federal 
Highway Administration (FHWA), U.S. Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule amends the uniform procedures implementing the 
State Highway Safety Grant Program to waive, for Fiscal Year (FY) 2025, 
the requirement that targets for the common performance measures be 
identical to targets in the State Highway Safety Improvement Program. 
This final rule makes a corresponding change to a similar requirement 
in the FHWA's performance management regulation.

DATES: This final rule is effective May 6, 2024.

ADDRESSES: This document may be viewed online through the Federal 
eRulemaking portal at www.regulations.gov using the docket number 
listed above. Electronic retrieval help and guidelines are available on 
the website. It is available 24 hours each day, 365 days each year. An 
electronic copy of this document may also be downloaded by accessing 
the Office of the Federal Register's website at: 
www.federalregister.gov and the U.S. Government Publishing Office's 
website at: www.GovInfo.gov.

FOR FURTHER INFORMATION CONTACT: 
    For NHTSA: Program issues: Barbara Sauers, Associate Administrator, 
Regional Operations and Program Delivery, National Highway Traffic 
Safety Administration; Telephone number: (202) 366-0144; Email: 
[email protected]. Legal issues: Megan Brown, Attorney-Advisor, 
Office of the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 
Telephone number: (202) 366-1834; Email: [email protected].
    For FHWA: Kelly Morton, Office of Safety, (202) 366-8090 or via 
email at [email protected] or Dawn Horan, Office of the Chief 
Counsel, (202) 366-9615 or via email at [email protected]. Office 
hours are from 8 a.m. to 4:30 p.m., E.T., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Waiver of Identical Targets for Common Performance Measures
III. Waiver of Notice and Comment
IV. Regulatory Analyses and Notices

I. Background

    The NHTSA and the FHWA share three common performance measures in 
their highway safety programs--total fatalities, rate of fatalities, 
and total serious injuries--and have shared these common performance 
measure for many years. Both NHTSA and FHWA regulations require States 
to submit identical targets for the three common performance measures--
in NHTSA's triennial Highway Safety Plan (HSP) and in FHWA's Highway 
Safety Improvement Program (HSIP) annual report. See 23 CFR 
1300.11(b)(3)(ii)(C) and 490.209(a)(1), respectively.
    On November 15, 2021, the President signed into law the 
``Infrastructure Investment and Jobs Act'' (known also as the 
Bipartisan Infrastructure Law, or BIL), Public Law 117-58. The BIL 
provided additional grant funds to States and changed several 
requirements to support States in their efforts to

[[Page 37114]]

strengthen their highway safety programs. Among other things, the BIL 
required that all performance targets submitted to NHTSA in the 
triennial HSP demonstrate constant or improved performance. 23 U.S.C. 
402(d)(4)(A)(ii).
    The NHTSA published a final rule implementing the Highway Safety 
Grant Program under the BIL on February 6, 2023, at 88 FR 7780. The 
rule provides direction to States on procedures for meeting the 
statutory requirements governing their highway safety grant programs 
and applications. In addition to changing from performance targets 
submitted to NHTSA in an annual HSP to a triennial HSP, the rule 
requires States to submit constant or improved targets for the common 
performance measures and that these targets be identical to the targets 
that are reported by the State department of transportation (State DOT) 
in the HSIP annual report. See 23 CFR 1300.11(b)(3)(ii)(B).
    On June 5, 2023, NHTSA and FHWA amended the uniform procedures 
implementing the State Highway Safety Grant Program to waive, for FY 
2024, the requirement that targets for the common performance measures 
be identical to targets in the State Highway Safety Improvement 
Program. 88 FR 36472. The amendment was in response to questions from 
stakeholders about the interplay between NHTSA's and FHWA's current 
regulations.
    On January 25, 2024, FHWA released a notice of proposed rulemaking 
concerning its performance measures that addresses and seeks comment on 
this issue. 89 FR 4857. Stakeholders continue to raise questions about 
the interplay between NHTSA's and FHWA's current regulations; however, 
the FHWA has not yet completed a new regulation implementing any 
changes to its performance measures since the passage of BIL.

II. Waiver of Identical Targets for Common Performance Measures

    In this rulemaking, FHWA amends 23 CFR 490.209(a)(1) to waive, for 
FY 2025, the requirement that the State DOT targets shall be identical 
to the targets established by the State Highway Safety Office (HSO) for 
common performance measures reported in the State's HSP. The NHTSA 
amends 23 CFR 1300.12 to revise paragraph (b)(1)(ii) to provide that 
States may update the triennial HSP to amend common performance 
measures only if necessary, in order to submit identical performance 
targets to FHWA in the HSIP annual report. As a result of FHWA's waiver 
in this document, this amendment will mean that States may not amend 
the common performance targets submitted in the FY 24 triennial HSP in 
the FY 25 Annual Grant Application. With these changes, State HSOs will 
continue to use the non-identical targets submitted in the FY 24 
triennial HSP and State DOTs have the flexibility to submit non-
identical targets for the common performance measures for FY 2025 in 
the 2024 HSIP annual reports.
    While NHTSA and FHWA are affording States flexibility to continue 
to use non-identical targets for FY 2025 highway safety programs, HSOs 
and State DOTs are nevertheless encouraged to continue to collaborate 
as they work together to implement a Safe System Approach and reduce 
deaths and serious injuries on our roadways.

III. Waiver of Notice and Comment

    The NHTSA and FHWA find good cause to issue, without notice and 
comment, and to make effective immediately, this time-limited waiver of 
the requirement for identical targets, in accordance with 5 U.S.C. 
553(b)(B) and 5 U.S.C. 553(d)(1). The Administrative Procedure Act 
provides that when an agency, for good cause, finds that notice and 
public comment are impractical, unnecessary, or contrary to the public 
interest, the agency may issue a final rule without providing notice 
and an opportunity for public comment (5 U.S.C. 553(b)(B)). For the 
same reason, the rule can become effective immediately. See 5 U.S.C. 
553(d)(1). The safety programs of NHTSA and FHWA are governed by 
different statutory provisions, and FHWA has not completed its notice 
and comment rulemaking on the National Performance Management Measures 
since the passage of BIL. The NHTSA and FHWA recognize the importance 
of allowing time for States to provide comments on the FHWA program, 
but also recognize that HSOs must meet the upcoming statutory August 1 
deadline to submit their Annual Grant Applications, which includes 
amendments to their triennial HSPs for the NHTSA program and State DOTs 
must meet the August 31 deadline to submit their safety performance 
targets in their HSIP annual reports. States' efforts to develop their 
FY 2025 Annual Grant Applications are underway at this time, and it is 
critical that States be provided certainty about application criteria. 
With these considerations in mind, NHTSA finds it in the public 
interest to amend the regulation to clarify that, States may only amend 
common performance targets only if necessary to submit identical 
targets to FHWA in the HSIP, and to make this amendment effective 
immediately.
    Likewise, FHWA finds it in the public interest to waive the 
regulatory requirement in 23 CFR 490.209(a)(1) that the State DOT 
targets shall be identical to the targets established by the State HSO 
for the common performance measures, for fiscal year 2025, and to make 
this waiver effective immediately.

IV. Regulatory Analyses and Notices

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563, and DOT Regulatory Policies and Procedures

    The NHTSA and FHWA have considered the impact of this rulemaking 
action under E.O. 12866 (as amended by E.O. 14094), E.O. 13563, and the 
DOT's regulatory policies and procedures. This rulemaking document was 
not reviewed by the Office of Management and Budget (OMB) under E.O. 
12866. This action is not expected to impose any costs because it makes 
limited revisions to the uniform procedures implementing State highway 
safety grant programs. This rulemaking has been determined to be not 
``significant'' under the DOT's regulatory policies and procedures and 
the policies of OMB.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their proposed 
and final rules on small businesses, small organizations, and small 
governmental jurisdictions. Section 605 of the RFA allows an Agency to 
certify a rule, in lieu of preparing an analysis, if the proposed 
rulemaking is not expected to have a significant economic impact on a 
substantial number of small entities. The Small Business Regulatory 
Enforcement Fairness Act amended the RFA to require Federal agencies to 
provide a statement of the factual basis for certifying that an action 
would not have a significant economic impact on a substantial number of 
small entities.
    This final rule makes limited revisions to the uniform procedures 
implementing State highway safety grant programs, which were previously 
determined to not have a significant impact on a substantial number of 
small entities. The grant programs impacted by this rule will affect 
only State governments, which are not considered to be small entities 
as that term is defined by the RFA. Therefore, the Agencies certify 
that this action will not have a significant impact on a substantial 
number of small entities and

[[Page 37115]]

find that the preparation of a Regulatory Flexibility Analysis is 
unnecessary.

C. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires NHTSA and FHWA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' 64 FR 43255 (August 10, 1999). 
``Policies that have federalism implications'' are defined in the E.O. 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under E.O. 13132, an Agency may not 
issue a regulation with federalism implications that imposes 
substantial direct compliance costs and that is not required by statute 
unless the Federal Government provides the funds necessary to pay the 
direct compliance costs incurred by State and local governments or the 
agency consults with State and local governments in the process of 
developing the proposed regulation. An Agency also may not issue a 
regulation with federalism implications that preempts a State law 
without consulting with State and local officials.
    The Agencies have analyzed this rulemaking action in accordance 
with the principles and criteria set forth in E.O. 13132. The limited 
revisions made by this rulemaking provide flexibility to State 
applicants. The Agencies have therefore determined that this final rule 
would not have sufficient federalism implications as defined in the 
order to warrant formal consultation with State and local officials or 
the preparation of a federalism summary impact statement.

D. Executive Order 12988 (Civil Justice Reform)

    Pursuant to E.O. 12988 (61 FR 4729 (February 7, 1996)), ``Civil 
Justice Reform,'' the Agencies have considered whether this rule would 
have any retroactive effect. The Agencies conclude that it would not 
have any retroactive or preemptive effect, and judicial review of it 
may be obtained pursuant to 5 U.S.C. 702. That section does not require 
that a petition for reconsideration be filed prior to seeking judicial 
review. This action meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

E. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995, a person is not required to respond to a collection of 
information by a Federal Agency unless the collection displays a valid 
OMB control number. This rulemaking does not establish any new 
information collection requirements.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
Agencies to prepare a written assessment of the costs, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in expenditures by State, local or Tribal governments, 
in the aggregate, or by the private sector, of more than $100 million 
annually (adjusted annually for inflation with base year of 1995). This 
rulemaking would not meet the definition of a Federal mandate because 
any potential resulting annual State expenditures would not exceed the 
minimum threshold. The program is voluntary and States that choose to 
apply and qualify would receive grant funds.

G. National Environmental Policy Act

    The NHTSA and FHWA have considered the impacts of this rulemaking 
action for the purposes of the National Environmental Policy Act. The 
Agencies have determined that this rulemaking would not have a 
significant impact on the quality of the human environment and 
qualifies for the categorical exclusion at 23 CFR 771.117(c)(20).

H. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any 
rulemaking that: (1) is determined to be economically significant as 
defined under E.O. 12866, and is likely to have a significantly adverse 
effect on the supply of, distribution of, or use of energy; or (2) that 
is designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. This rulemaking is 
not likely to have a significantly adverse effect on the supply of, 
distribution of, or use of energy. This rulemaking has not been 
designated as a significant energy action. Accordingly, this rulemaking 
is not subject to E.O. 13211.

I. Executive Order 13175 (Consultation and Coordination With Indian 
Tribes)

    The Agencies have analyzed this rulemaking under E.O. 13175 and 
have determined that this action would not have a substantial direct 
effect on one or more Indian Tribes, would not impose substantial 
direct compliance costs on Indian Tribal governments, and would not 
preempt Tribal law. Therefore, a Tribal summary impact statement is not 
required.

J. Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR19477) or you may visit https://dms.dot.gov.

List of Subjects

23 CFR Part 490

    Bridges, Highway safety, Highways and roads, Reporting and 
recordkeeping requirements.

23 CFR Part 1300

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Grant programs-transportation, Highway safety, Intergovernmental 
relations, Motor vehicles-inmotorcycles, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.81, 1.85, and 1.95 and 49 CFR 501.5.
Shailen P. Bhatt,
Administrator, FHWA.
Sophie Shulman,
Deputy Administrator, NHTSA.
    In consideration of the foregoing, NHTSA and FHWA amend 23 CFR 
parts 490 and 1300 as follows:

PART 490--NATIONAL PERFORMANCE MANAGEMENT MEASURES

0
1. The authority citation for part 490 continues to read as follows:

    Authority:  23 U.S.C. 134, 135, 148(i), and 150; 49 CFR 1.85.

Subpart B--National Performance Management Measures for the Highway 
Safety Improvement Program

0
2. Amend Sec.  490.209 by revising the second sentence in paragraph 
(a)(1) to read as follows:


Sec.  490.209  Establishment of performance targets.

    (a)
* * * * *
    (1) * * * For Fiscal Year 2025 only, the performance targets 
submitted under

[[Page 37116]]

this paragraph are not required to be identical to the targets 
established by the State Highway Safety Office for the common 
performance measures.
* * * * *

PART 1300--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT 
PROGRAMS

0
3. The authority citation for part 1300 continues to read as follows:

    Authority:  23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L. 
109-59, 119 Stat. 1468, asamended by Sec. 25024, Pub. L. 117-58, 135 
Stat. 879; delegation or authority at 49 CFR 1.95.

Subpart B--Triennial Highway Safety Plan and Annual Grant 
Application

0
4. Amend Sec.  1300.12 by revising paragraph (b)(1)(ii) to read as 
follows:
* * * * *
    (b) * * *
    (1) * * *
    (ii) The State may add performance measures based on updated 
traffic safety problem identification or as part of an application for 
a grant under section 405, but may not amend existing performance 
targets. Provided, however, that States may amend common performance 
targets developed under Sec.  1300.11(b)(3)(iv) only if necessary to 
submit identical targets to FHWA in the HSIP annual reports.
* * * * *
[FR Doc. 2024-09732 Filed 5-3-24; 8:45 am]
BILLING CODE 4910-59-P