[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66074-66076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31118]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
Federal Highway Administration

23 CFR Part 1208

[NHTSA Docket No. 85-12; Notice 4]
RIN 2127-AF95


National Minimum Drinking Age

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

ACTION: Final Rule.

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SUMMARY: This final rule amends Part 1208 of title 23 of the Code of 
Federal Regulations (CFR). Part 1208 prescribes the requirements 
necessary to implement 23 U.S.C. 158, which established the National 
Minimum Drinking Age Act. This final rule is amending Part 1208 by 
removing outdated and obsolete provisions from that regulation.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT: In NHTSA: Mr. James Wright, Office of 
Traffic Safety Programs, National Highway Traffic Safety 
Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone 
(202) 366-2724; or Ms. Heidi L. Coleman, Office of Chief Counsel, Room 
5219, National Highway Traffic Safety Administration, 400 Seventh 
Street, S.W., Washington, D.C. 20590, telephone (202) 366-1834. In 
FHWA: Ms. Mila Plosky, Office of Highway Safety, Federal Highway 

[[Page 66075]]
Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone 
(202) 366-6902; or Mr. Paul Brennan, Office of the Chief Counsel, 
Federal Highway Administration, 400 7th Street, S.W., Washington, D.C. 
20590, telephone (202) 366-0834.

SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton directed 
all Federal Departments and agencies to take a number of 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eliminate or revise those that are outdated or otherwise in need of 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.
    NHTSA and FHWA 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 and FHWA have determined that 
Part 1208 of title 23 of the Code of Federal Regulations (CFR) should 
be amended, because portions of the regulation are outdated and 
obsolete.
    Part 1208 prescribes the requirements necessary to implement 23 
U.S.C. Sec. 158, which established the National Minimum Drinking Age. 
The regulation clarifies the provisions which a State must have 
incorporated into its laws in order to avoid the withholding of 
Federal-aid highway funds for noncompliance with the National Minimum 
Drinking Age. It also describes, in detail, the consequences of 
noncompliance.
    The regulation was first published in the Federal Register on March 
26, 1985 (51 F.R. 10376). It was amended, to reflect statutory changes 
made to the National Minimum Drinking Age Act, on August 18, 1988 (53 
F.R. 31318).
    Some of the provisions of the regulation are no longer applicable. 
For example, under the National Minimum Drinking Age (NMDA), funds 
withheld from a State prior to FY 1989 remained available for 
apportionment to the State for a period of time, and States were 
permitted for a limited period of time to include in their laws 
``grandfather rights'' for persons who were between the ages of 18 and 
21. The regulation contained provisions implementing these statutory 
requirements. These requirements no longer apply. Funds now withheld 
under the NMDA are not available for apportionment to the State, and 
grandfather rights may no longer be included in State laws. This final 
rule deletes these outdated and obsolete provisions.
    The NMDA provides that the Secretary must withhold from non-
complying States, ten percent of the funds required to be apportioned 
under 23 U.S.C. Secs. 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6). At 
the time the NMDA was enacted, these sections corresponded with the 
Federal-aid primary, secondary, Interstate and urban systems funding 
categories.
    The Intermodal Surface Transportation Efficiency Act of 1991 
(ISTEA), which was enacted on December 18, 1991, revised or eliminated 
these funding categories, and created new ones, including the National 
Highway System (NHS) and the Surface Transportation Program (STP). The 
Interstate System funding category was maintained, although the 
Interstate system itself is now a component of NHS. The Interstate 
funding category involves resurfacing, restoring, rehabilitating and 
reconstruction.
    Since the enactment of ISTEA, the agencies have administered the 
penalty provisions of 23 U.S.C. Sec. 158 by withholding ten percent of 
a State's apportionments for the NHS, STP and Interstate System 
programs (23 U.S.C. Secs. 104(b)(1), 104(b)(3) and 104(b)(5)), the 
successors to the funding categories referenced in the NMDA. However, 
the NMDA has not been amended to reflect the changes made to the 
funding categories by ISTEA. Accordingly, the implementing regulation 
for NMDA continues to reflect the language contained in the NMDA. This 
final rule does not amend this portion of the regulation.

Rulemaking Analyses and Notices

(a) 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 there 
will be no economic impact as a result of this rulemaking. Accordingly, 
a full regulatory evaluation is not required and was not prepared.

(b) 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 impact on a substantial 
number of small entities. Accordingly, a Regula-tory Flexibility 
Analysis is not necessary and was not prepared.

(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 agencies have analyzed this action for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
have determined that implementation of this action will not have any 
significant impact on the quality of the human 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 1208

    Alcohol, Highway Safety.

    In accordance with the foregoing, Part 1208 of Title 23 of the Code 
of Federal Regulations is amended as follows: 

[[Page 66076]]


PART 1208--[AMENDED]

    1. The authority citation for Part 1208 continues to read as 
follows:

    Authority: 23 U.S.C. 158; delegation of authority at 49 CFR 1.48 
and 1.50.

    2. Section 1208.4 is revised to read as follows:


Sec. 1208.4  Adoption of National Minimum Drinking Age.

    The Secretary shall withhold ten percent of the amount required to 
be apportioned to any State under each of Secs. 104(b)(1), 104(b)(2), 
104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each 
fiscal year in which the purchase or public possession in such State of 
any alcoholic beverage by a person who is less than twenty-one years of 
age is lawful.
    3. Section 1208.5 is revised to read as follows:


Sec. 1208.5  Unavailability of withheld funds.

    Funds withheld under Sec. 1208.4 from apportionment to any State 
will not be available for apportionment to the State.


Secs. 1208.6--1208.8  [Removed]

    4. Sections 1208.6 through 1208.8 are removed.


Sec. 1208.9  [Redesignated as Sec. 1208.6]

    5. Section 1208.9 is redesignated as 1208.6.

    Issued on: December 18, 1995.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration
[FR Doc. 95-31118 Filed 12-20-95; 8:45 am]
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