[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Page 57930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28684]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1317

[NHTSA Docket No. 95-82; Notice 1]
RIN 2127-AG08


Highway Safety Innovative Project Grants Program

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

ACTION: Final rule.

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SUMMARY: This final rule removes Part 1317 from title 23 of the Code of 
Federal Regulations (CFR). Part 1317 established criteria and 
administrative procedures for awards of innovative project grants to 
States and their political subdivisions, and to non-profit 
organizations including volunteer groups, in accordance with 23 U.S.C. 
407. The regulation is being removed because it is unnecessary and 
obsolete. Funds for the section 407 program have not been authorized 
since 1981.

EFFECTIVE DATE: December 26, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Butler, Office of State and 
Community Services, National Highway Traffic Safety Administration, 400 
7th Street, S.W., 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, S.W., 
Washington, D.C. 20590, telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton directed 
all Federal Departments and agencies to take four steps to overhaul the 
nation's regulatory system. The first step was to conduct a page-by-
page review of all agency regulations now in force and eliminate or 
revise those that are outdated or otherwise in need of reform. The 
review was to include careful consideration of a number of issues, 
including whether the regulation is obsolete, whether its intended goal 
can be achieved in more efficient less intrusive ways, or whether 
States or local governments can do the job (making Federal regulation 
unnecessary).
    NHTSA conducted a thorough, page-by-page review of all agency 
regulations, including those that pertain to State and community 
highway safety programs.
    As a result of these efforts, NHTSA has determined that Part 1317 
should be removed from title 23 of the Code of Federal Regulations 
(CFR), because it is unnecessary and obsolete.
    Part 1317 established criteria and administrative procedures for 
awards of innovative project grants to States and their political 
subdivisions, and to non-profit organizations including volunteer 
groups, in accordance with 23 U.S.C. 407. It was first published in the 
Federal Register, as 23 CFR Part 1217, on December 22, 1980 (45 FR 
84037). It was redesignated as 23 CFR Part 1317 on March 22, 1984 (49 
FR 10664).
    Funds for the section 407 program have not been authorized since 
1981. Because the regulation implements a program which is no longer 
active, and currently appears in the CFR among regulations that 
implement programs that continue to be active, its removal will avoid 
confusion for potential grant applicants.

Rulemaking Analyses and Notices

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

    NHTSA has considered the impact of this rulemaking action under 
E.O. 12866 and the Department of Transportation's regulatory policies 
and procedures. This rulemaking document was not reviewed under E.O. 
12866, ``Regulatory Planning and Review.'' This action has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures.

(b) Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the agency has evaluated the effects of this rule on 
small entities. Based on the evaluation, the agency hereby certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities. Accordingly, the preparation of a 
Regulatory Flexibility Analysis is unnecessary.

(c) 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.

(d) 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.

(e) National Environmental Policy Act

    The agency has 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.

(f) Executive Order 12778 (Civil Justice Reform)

    This amendment to the regulation does not have any preemptive or 
retroactive effect. It imposes no requirements on the States, but 
rather simply removes from the regulation outdated and obsolete 
provisions that no longer apply. The enabling legislation does not 
establish a procedure for judicial review of final rules promulgated 
under its provisions. There is no requirement that individuals submit a 
petition for reconsideration or other administrative proceedings before 
they may file suit in court.

Notice and Comment

    Because the amendments relate to a grant program and are therefore 
not covered by the Administrative Procedure Act, and since they merely 
contain technical changes that remove outdated and obsolete provisions 
from the regulation and do not impose any additional requirements, the 
amendments are being made without prior notice and opportunity to 
comment.

List of Subjects in 23 CFR Part 1317

    Grant programs, Highway safety.

    Under the authority of 49 CFR Part 1.50, the Administrator of the 
National Highway Traffic Safety Administration amends Title 23 of the 
Code of Federal Regulations by removing Part 1317.

    Issued on: November 20, 1995.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 95-28684 Filed 11-22-95; 8:45 am]
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