[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50099-50100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23988]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
Federal Highway Administration

23 CFR Parts 192 and 1212

[Docket No. 91-17; Notice 4]
RIN 2127-AF93


Drug Offender's Driver's License Suspension

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

ACTION: Final rule; technical amendment.

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SUMMARY: The Drug Offender's Driver's License Suspension Law, 23 U.S.C. 
159, requires the withholding of certain Federal-aid highway funds from 
States that do not enact either legislation requiring the revocation or 
suspension of an individual's driver's license upon conviction for any 
violation of the Controlled Substances Act or any drug offense, or a 
resolution opposing such legislation. The NHTSA and the FHWA had joint 
responsibility for administering the law. The statute's implementing 
regulation appeared in Chapter II of 23 CFR, which contains regulations 
jointly administered by the two agencies.
    Responsibility for administering the law has since been redelegated 
to FHWA alone. This final rule removes the implementing regulation from 
Chapter II of 23 CFR, and places it in Chapter I of 23 CFR, which 
contains regulations administered only by FHWA.

EFFECTIVE DATE: September 28, 1995.

FOR FURTHER INFORMATION CONTACT: In FHWA: Ms. Mila Plosky, Office of 
Highway Safety, Room 3407, Federal Highway Administration, 400 Seventh 
Street, SW., Washington, D.C. 20590, telephone (202) 366-6902; or Mr. 
Paul L. Brennan, Office of Chief Counsel, Room 4217, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590, 
telephone (202) 366-0834.
    In NHTSA: Mr. Gary Butler, Office of State and Community Services, 
National Highway Traffic Safety Administration, 400 7th Street, SW., 
Washington, D.C. 20590, telephone (202) 366-2121; or Ms. Sharon Y. 
Vaughn, Office of Chief Counsel, Room 5219, National Highway Traffic 
Safety Administration, 400 Seventh Street, SW., Washington, D.C. 20590, 
telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: The Department of Transportation and Related 
Agencies Appropriations Act for FY 1992, Pub. L. 102-143, added section 
159 to title 23 of the United States Code. The new section required the 
withholding of certain Federal-aid highway funds from States that did 
not enact either legislation requiring the revocation or suspension of 
an individual's driver's license upon conviction for any violation of 
the Controlled Substances Act or any drug offense, or a resolution 
opposing such legislation.
    On August 12, 1992 (57 FR 35989), NHTSA and FHWA published a final 
rule, promulgating a regulation to implement this requirement, 23 CFR 
1212. The regulation appeared in Chapter II, Title 23 of the Code of 
Federal Regulations, which contains regulations administered jointly by 
NHTSA and FHWA.
    The regulation required that each State certify by April 1, 1993, 
and by January 1 of each subsequent year, that it meets the 
requirements of 23 U.S.C. 159 and the implementing regulation.
    NHTSA and FHWA had joint responsibility for administration of this 
program. NHTSA reviewed State laws and resolutions to determine 
compliance with the statutory provisions. FHWA administered the Act's 
penalty provisions.
    All States have now submitted laws and resolutions that comply with 
23 U.S.C. 159. Responsibility for administering this program has been 
redelegated to FHWA alone. This final rule removes the implementing 
regulation from Chapter II of 23 CFR, which contains regulations that 
are administered jointly by NHTSA and FHWA, and places it instead in 
Chapter I of 23 CFR, which contains regulations administered only by 
the FHWA.
    Redelegating the entire responsibility for 23 U.S.C. 159 to FHWA 
will help in streamlining the certification process and eliminate the 
duplication of government efforts. This redelegation is also consistent 
with President Clinton's memorandum of March 4, 1995, titled 

[[Page 50100]]
``Regulatory Reinvention Initiative'' which directed heads of 
departments and agencies to review all existing regulations to 
eliminate those that are outdated and modify others to increase 
flexibility and reduce burden.
    This final rule also amends portions of the regulation to remove 
any references to NHTSA and to modify the number of copies of the 
certification to be submitted to the local FHWA Division Administrator 
for further FHWA distribution.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The agencies have determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. This final rule does not impose any 
additional burden on the public. It is technical in nature and does not 
change the requirements of the program. It is anticipated that the 
economic impact of this rulemaking will be minimal; therefore, a full 
regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the agencies have evaluated the effects of this rule 
on small entities. Based on the evaluation, the agencies hereby certify 
that this action will not have a significant economic impact on a 
substantial number of small entities. Any withholding of funds under 
the regulation will be from States. Accordingly, the preparation of a 
Regulatory Flexibility Analysis is unnecessary.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agencies have analyzed this action for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 192

    Driver licensing, Drug abuse, Highway Safety, Reporting and 
recordkeeping requirements, Transportation.

    In accordance with the foregoing, and under the authority of 23 
U.S.C. 315, NHTSA and FHWA hereby amend chapters I and II of title 23, 
Code of Federal Regulations, as set forth below.

CHAPTERS I AND II  [AMENDED]

    1. Part 1212 (Secs. 1212.1 through 1212.10) in chapter II is 
redesignated as part 192 (Secs. 192.1 through 192.10, respectively) in 
chapter I, Subchapter B.
    2. The authority citation for newly redesignated part 192 in 
chapter I is revised to read as follows:

    Authority: 23 U.S.C. 159 and 315.

    3. Redesignated Sec. 192.5 is amended by revising paragraph (d) to 
read as follows:


Sec. 192.5  Certification requirements.

* * * * *
    (d) The Governor each year shall submit the original and three 
copies of the certification to the local FHWA Division Administrator. 
The FHWA Division Administrator shall retain the original and forward 
one copy each to the FHWA Regional Administrator, FHWA Chief Counsel, 
and the Director of the Office of Highway Safety.


Sec. 192.10  [Amended]

    4. In redesignated Sec. 192.10 paragraph (a) is amended by removing 
the words ``NHTSA's and'' and paragraph (b) is amended by removing the 
words ``NHTSA and'' and replacing the words ``National Highway Traffic 
Safety Administration'' with the words ``Federal Highway 
Administration''; and paragraph (c) is amended by removing the words 
``NHTSA's and''.

    Issued on: September 22, 1995.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 95-23988 Filed 9-22-95; 3:19 pm]
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