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Uniform Procedures for State Highway Safety Grant Programs Publication: Federal Register Agencies: Federal Highway Administration & National Highway Traffic Safety Administration Byline: Andrew Rogers & Sophie Shulman Date: 5 June 2023 Subjects: American Government  , Roads & Highways, Safety
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36472-36475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11758]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
National Highway Traffic Safety Administration
23 CFR Part 1300
[Docket No. NHTSA-2022-0036]
RIN 2127-AM45
Uniform Procedures for State Highway Safety Grant Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA) and
Federal Highway Administration (FHWA), 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 2024, the
requirement that targets for the common performance measures be
identical to targets in the State Highway Safety Improvement Plan. This
final rule makes a corresponding change to a similar requirement in the
Federal Highway Administration's performance management regulation.
DATES: This final rule is effective on June 5, 2023.
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 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:
barbara.sauers@dot.gov. 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: megan.brown@dot.gov.
For FHWA: Kelly Morton, Office of Safety, (202) 366-8090 or via
email at kelly.morton@dot.gov or Dawn Horan, Office of the Chief
Counsel, (202) 366-9615 or via email at dawn.horan@dot.gov. 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 National Highway Traffic Safety Administration (NHTSA) and the
Federal Highway Administration (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 Plan (HSIP) annual report. See
23 CFR 1300.11(b)(3)(ii)(C) and 23 CFR 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 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).
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
[[Page 36473]]
direction to States on procedures for meeting the statutory
requirements governing their highway safety grant programs and
applications. Among other things, 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 DOT in the HSIP annual report. See 23 CFR 1300.11(b)(3)(ii)(B).
Stakeholders have raised questions about the interplay between NHTSA's
and FHWA's current regulations. Additionally, FHWA has not yet
completed a new regulation implementing any changes to its performance
measures since the passage of the BIL. Therefore, States have not had
the opportunity to comment on proposed FHWA requirements that may be
affected by the NHTSA regulation's requirement for identical targets.
FHWA will soon release a notice of proposed rulemaking concerning its
performance measures that will address this issue.\1\
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\1\ https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=2125-AG06.
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II. Waiver of Identical Targets for Common Performance Measures
In this rulemaking, NHTSA amends 23 CFR 1300.11 to insert paragraph
(b)(3)(iv), which waives, for fiscal year 2024, the requirement that
performance targets submitted for common performance measures be
identical to the State DOT targets reported in the HSIP annual report.
NHTSA also makes a conforming amendment to 23 CFR 1300.11(b)(3)(ii)(C).
FHWA makes a similar change to its regulation. With these changes,
State Highway Safety Offices (HSOs) and State DOTs have the flexibility
to submit non-identical targets for the common performance measures for
fiscal year 2024. However, States must still submit targets for these
common performance measures along with the other targets they are
required to submit, and all targets submitted to NHTSA for all
performance measures must show constant or improved performance
compared to the current safety levels, as required by statute. See 23
U.S.C. 402(k)(4)(A)(ii) and 23 CFR 1300.11(b)(3)(ii)(B)(2).
While NHTSA and FHWA are affording States flexibility not to submit
identical targets for fiscal year 2024 highway safety programs, HSOs
are nevertheless encouraged to continue setting identical targets in
collaboration with their colleagues in State Departments of
Transportation as they work together to implement a Safe System
Approach and reduce deaths and injuries on our roadways.
III. Waiver of Notice and Comment
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 (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. 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 July 1
deadline to submit their triennial Highway Safety Plans 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 triennial Highway Safety Plans are well
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 waive, for fiscal year
2024 Highway Safety Programs, the regulatory requirement in 23 CFR
1300.11(b)(3)(ii)(C) that performance targets submitted for the common
performance measures (fatalities, fatality rate, and serious injuries)
in the triennial Highway Safety Plan be identical to the targets
submitted by the State DOT in the Highway Safety Improvement Program
report, and to make this waiver 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 Highway Safety Office for the
common performance measures, 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
NHTSA and FHWA have considered the impact of this rulemaking action
under Executive Order 12866 (as amended by Executive Order 14094),
Executive Order 13563, and the Department of Transportation's
regulatory policies and procedures. This rulemaking document was not
reviewed by the Office of Management and Budget (OMB) under Executive
Order 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 Department of Transportation'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 rulemaking is
not expected to have a significant economic impact on a substantial
number of small entities. The Small Business Regulatory Enforcement
Fairness Act (SBREFA) 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, we certify that this
action will not have a significant impact on a substantial number of
small entities and 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
[[Page 36474]]
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 Executive order 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 Executive Order 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
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 Executive Order 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 Executive Order 12988 (61 FR 4729 (February 7, 1996)),
``Civil Justice Reform,'' the agency has considered whether this rule
would have any retroactive effect. We 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
Executive Order 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 (PRA), a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
Office of Management and Budget (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
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 Executive Order 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 Executive Order 13211.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribes)
The agencies have analyzed this rulemaking under Executive Order
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 FR 19477), or you may visit DOT's
Privacy Policy website at https://www.transportation.gov/dot-website-privacy-policy.
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--motorcycles, Reporting and recordkeeping
requirements.
Issued in Washington, DC, under authority delegated in 49 CFR
1.81, 1.85, and 1.95.
Andrew Rogers,
Deputy Administrator, Federal Highway Administration.
Sophie Shulman,
Deputy Administrator, National Highway Traffic Safety Administration.
In consideration of the foregoing, NHTSA and FHWA amend 23 CFR
parts 490 and 1300 as follows:
Title 23--Highways
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 adding a sentence at the end of paragraph
(a)(1) to read as follows:
Sec. 490.209 Establishment of performance targets.
(a) * * *
(1) * * * For fiscal year 2024 only, the performance targets
submitted under this paragraph are not required to be identical to the
targets established by
[[Page 36475]]
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, as amended by Sec. 25024, Pub. L. 117-58,
135 Stat. 879; delegation of authority at 49 CFR 1.95.
Subpart B--Triennial Highway Safety Plan and Annual Grant
Application
0
4. Amend Sec. 1300.11 by:
0
a. Adding ``Except as provided in paragraph (b)(3)(iv) of this
section,'' at the beginning of paragraph (b)(3)(ii)(C); and
0
b. Adding paragraph (b)(3)(iv).
The addition reads as follows:
Sec. 1300.11 Triennial Highway Safety Plan.
* * * * *
(b) * * *
(3) * * *
(iv) For fiscal year 2024 only, the performance targets submitted
for common performance measures under paragraph (b)(3)(ii)(C) of this
section are not required to be identical to the State DOT targets
reported in the HSIP annual report.
* * * * *
[FR Doc. 2023-11758 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-59-P