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Uniform Procedures for State Highway Safety Grant Programs Publication: Federal Register Agency: Federal Highway Administration & National Highway Traffic Safety Administration Byline: Shailen P. Bhatt & Sophie Shulman Date: 6 May 2024 Subjects: American Government  , Roads & Highways, Safety
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[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:
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 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]
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