[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Proposed Rules]
[Pages 9121-9125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5133]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration

23 CFR Part 1210

[NHTSA Docket No. 96-007; Notice 1]
RIN 2127-AG20


Operation of Motor Vehicles by Intoxicated Minors

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This notice proposes to implement a new program enacted by the 
National Highway System Designation (NHS) Act of 1995, which provides 
for the withholding of Federal-aid highway funds from any State that 
does not enact and enforce a ``zero tolerance'' law. This notice 
solicits comments on a proposed regulation to clarify what States must 
do to avoid the withholding of funds.
DATES: Comments must be received by April 22, 1996.

ADDRESSES: Written comments should refer to the docket number and the 
number of this notice and be submitted (preferably in ten copies) to: 
Docket Section, National Highway Traffic Safety Administration, Room 
5109, Nassif Building, 400 Seventh Street, S.W., Washington, D.C. 
20590. (Docket hours are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT: In NHTSA: Ms. Marlene Markison, Office 
of State and Community Services, NSC-01, telephone (202) 366-2121; or 
Ms. Heidi L. Coleman, Office of Chief Counsel, NCC-30, telephone (202) 
366-1834.
    In FHWA: Ms. Mila Plosky, Office of Highway Safety, HHS-20, 
telephone (202) 366-6902; or Mr. Raymond W. Cuprill, HCC-20, telephone 
(202) 366-0834.

SUPPLEMENTARY INFORMATION: The National Highway System Designation 
(NHS) Act of 1995, Pub. L. 104-59, was signed into law on November 28, 
1995. Section 320 of the Act established a new Section 161 of Title 23, 
United States Code (Section 161), which requires the withholding of 
certain Federal-aid highway funds from States that do not enact and 
enforce ``zero tolerance'' laws. Section 161 provides that these ``zero 
tolerance'' laws must consider an individual under the age of 21 who 
has a blood alcohol concentration of 0.02 percent or greater while 
operating a motor vehicle in the State, to be driving while intoxicated 
or driving under the influence of alcohol.
    In a letter to Senator Robert Byrd, who sponsored the zero 
tolerance legislation, President Clinton stated:

    Drinking and driving by young people is one of the nation's most 
serious threats to public health and public safety. I am deeply 
concerned about this ongoing tragedy which kills thousands of young 
people every year. It's against the law for young people to drink. 
It should be against the law for young people to drink and drive. *  
*  *
    A decade ago, we decided as a nation that the minimum drinking 
age should be 21. In 1984, President Reagan signed bipartisan 
legislation to achieve this goal, and today all 50 states have 
enacted such laws. Our efforts are paying off--drunk driving among 
people under 21 have been cut in half since 1984.
    But we must do more. * * * If all states had [''zero 
tolerance''] laws hundreds more lives could be saved and thousands 
of injuries could be prevented.

    Senator Byrd stated, when he introduced the legislation:

    My amendment builds upon one of the most important--and 
successful--Federal initiatives related to alcohol and minors--a 
1984 requirement that States adopt laws prohibiting the possession 
or purchase of alcohol by anyone younger than twenty-one years of 
age * * *
    NHTSA has estimated that the 21-year-old drinking age has saved 
8400 lives since 1984. Further, in 1993, * * * the 21-year-old 
drinking age requirement is estimated to have saved $1.8 billion in 
economic costs to our society * * *
    The Congress should now take the next step, and explicitly 
state, as a matter of law, that minors are not allowed to drink and 
drive. My amendment is simple and straight forward--since it is 
illegal for minors under the age of 21 to *  *  * publicly possess 
or purchase alcohol--any level of consumption that is coupled with 
driving should be treated, under the requirements of each State's 
laws, as driving while intoxicated * * *
    Under my amendment, the message to that minor is clear: you 
cannot drink and drive. Period. And, hopefully, this type of tough 
and absolute requirement in the law will encourage our young people 
not to drink at all.

    Similar sentiments were expressed by Congresswoman Lowey, who 
sponsored zero tolerance legislation in the U.S. House of 
Representatives.

Adoption of Zero Tolerance Law

    Section 161 specifically provides that the Secretary must withhold 
from apportionment a portion of Federal-aid highway funds from any 
State that does not meet certain statutory requirements. To avoid such 
withholding, a State must enact and enforce a law that considers an 
individual under the age of 21 who has a blood alcohol concentration of 
0.02 percent or greater while operating a motor vehicle in the State, 
to be driving while intoxicated or driving under the influence of 
alcohol.
    Any State that does not enact and enforce a conforming zero 
tolerance law will be subject to a withholding from apportionment a 
portion of its Federal-aid highway funds. In accordance with Section 
161, if a State does not meet the statutory requirements on October 1, 
1998, five percent of its FY 1999 Federal-aid highway apportionment 
under 23 U.S.C. 104(b)(1), 104(b)(3) and 104(b)(5)(B) shall be withheld 
on that date. These sections relate to the National Highway System 
(NHS), the

[[Page 9122]]

Surface Transportation Program (STP) and the Interstate System.
    If the State does not meet the statutory requirements on October 1, 
1999, ten percent of its FY 2000 apportionment will be withheld on that 
date. Ten percent will continue to be withheld on October 1 of each 
subsequent fiscal year, if the State does not meet the requirements on 
those dates.

Compliance Criteria

    To avoid the withholding from apportionment of Federal-aid highway 
funds, Section 161 provides that a State must enact and enforce:

    A law that considers an individual under the age of 21 who has a 
blood alcohol concentration of 0.02 percent or greater while 
operating a motor vehicle in the State to be driving while 
intoxicated or driving under the influence of alcohol.

    Section 161 does not define any of these terms, and it does not 
contain many details about what conforming State laws must provide. For 
example, it does not specify the penalties that must be imposed on 
offenders who violate such zero tolerance laws. Since Section 161 does 
not prescribe the penalties that must be imposed on offenders who 
violate zero tolerance laws, the agencies are proposing not to specify 
any minimum penalties in the implementing regulation.
    The agencies believe that, while Congress intended to encourage all 
States to enact and enforce effective zero tolerance laws, it also 
intended to provide States with sufficient flexibility so they could 
develop laws that suit the particular conditions that exist in those 
States. Accordingly, Section 161 prescribes only a limited number of 
basic elements that State laws must meet to avoid the withholding of 
Federal-aid highway funds.
    In this notice, the agencies propose to define these basic 
elements. These elements are described below:
    1. Under the Age of 21.
    To avoid the withholding of funds, a State must enact and enforce a 
zero tolerance law that applies to all persons under the age of 21.
    The agencies are aware of four States that currently have laws 
under which individuals who have a blood alcohol concentration of 0.02 
percent or greater while operating a motor vehicle in the State are 
considered to be driving while intoxicated or driving under the 
influence of alcohol, only if those individuals are under the age of 
18. Since these laws do not apply to individuals between the ages of 18 
and 21, they would not conform to the Federal requirement.
    2. Blood Alcohol Concentration of 0.02 Percent.
    To avoid the withholding of funds, a State must set 0.02 percent as 
the legal limit for blood alcohol concentration. States with laws that 
set a lower percentage (such as 0.00 percent) as the legal limit would 
also conform to the Federal requirement.
    The agencies are aware of four States that currently have laws 
under which individuals under the age of 21 are considered to be 
driving while intoxicated or driving under the influence of alcohol, if 
they have a blood alcohol concentration of 0.04 or 0.07 percent. Since 
these laws do not reach individuals under the age of 21 who have a 
blood alcohol concentration of 0.02 percent, they would not conform to 
the Federal requirement.
    3. Per Se Law.
    To avoid the withholding of funds, a State must consider 
individuals under the age of 21 who have a blood alcohol concentration 
of 0.02 percent or greater while operating a motor vehicle in the State 
to be driving while intoxicated or driving under the influence of 
alcohol.
    In other words, States must establish a 0.02 ``per se'' law for 
persons under the age of 21, that makes driving with a BAC of 0.02 
percent or above itself an offense for such persons.
    The agencies are aware of one State that currently has a law that 
makes it unlawful for persons under the age of 21 to drive while 
intoxicated or drive under the influence of alcohol, but provides that 
a BAC of 0.02 percent or above is only prima facie evidence of driving 
while intoxicated or driving under the influence of alcohol. Since the 
law does not make the operation of a motor vehicle by an individual 
under the age of 21 with a blood alcohol concentration of 0.02 a ``per 
se'' offense, this law would not conform to the Federal requirement.
    4. Primary Enforcement.
    To avoid the withholding of funds, a State must enact and enforce a 
zero tolerance law that provides for primary enforcement.
    The agencies are aware of one State that currently has a law under 
which individuals under the age of 21 who have a blood alcohol 
concentration of 0.02 or greater while operating a motor vehicle in the 
State are considered to be driving while intoxicated or driving under 
the influence of alcohol. Enforcement of this law, however, may be 
accomplished only as a secondary action when the driver of a motor 
vehicle has been cited for a violation of some other offense. 
Accordingly, this law would not conform to the Federal requirement.

Demonstrating Compliance

    Section 161 provides that funds will be withheld from apportionment 
from noncomplying States beginning in fiscal year 1999. To avoid the 
withholding, each State would be required by this proposed regulation 
to submit a certification. Under the agencies' proposal, States would 
be required to submit their certifications on or before September 30, 
1998, to avoid the withholding from apportionment of FY 1999 funds on 
October 1, 1998. The agencies propose to permit (and strongly 
encourage) States to submit certifications in advance.
    The submission of certifications in advance will enable the 
agencies to inform States as quickly as possible whether or not their 
laws satisfy the requirements of Section 161 and this regulation, and 
will provide States with noncomplying laws an opportunity to take the 
necessary steps to meet these requirements before the date for the 
withholding of funds.
    In addition, it will prevent a State from receiving from the 
agencies an initial determination of noncompliance which, as explained 
later in this notice, the agencies propose to issue through FHWA's 
advance notice of apportionments, normally not later than ninety days 
prior to final apportionment (which normally occurs on October 1 of 
each fiscal year).
    States that are found in noncompliance with these requirements in 
any fiscal year would be required to submit a certification to avoid 
the withholding of funds from apportionment in the following fiscal 
year. To avoid the withholding in that fiscal year, these States would 
be required to submit a certification demonstrating compliance before 
the last day (September 30) of the previous fiscal year.
    Once a State is determined by the agencies to be in compliance with 
these requirements, the agencies propose that the State would not be 
required to submit certifications in subsequent fiscal years, unless 
the State's law had changed. The proposal specifies that it would be 
the responsibility of the States to inform the agencies of any such 
change in a subsequent fiscal year, by submitting an amendment or 
supplement to its certification.
    The certifications submitted under this Part would provide the 
agencies with the basis for finding States in compliance with the 
Operation of Motor Vehicles by Intoxicated Minors requirement. The 
agencies are proposing that the certification must consist of a 
certifying statement and a copy of the

[[Page 9123]]

State's conforming law. If the State's law were to change, the State 
would be required to amend or supplement the State's original 
submission.

Notification of Compliance

    For each fiscal year, beginning with FY 1999, NHTSA and FHWA 
propose to notify States of their compliance or noncompliance with 
Section 161, based on a review of certifications received. The agencies 
propose that this notification will take place through FHWA's normal 
certification of apportionments process. If a State does not submit a 
certification or if its certification does not conform to Section 161 
and the implementing regulation, the agencies will make an initial 
determination that the State does not comply. States that are 
determined to be in noncompliance with Section 161 will be advised of 
the amount of funds expected to be withheld through FHWA's advance 
notice of apportionments, normally not later than ninety days prior to 
final apportionment.
    Each State determined to be in noncompliance will have an 
opportunity to rebut the initial determination. The State will be 
notified of the agencies' final determination of compliance or 
noncompliance as part of the certification of apportionments, which 
normally occurs on October 1 of each fiscal year.
    As stated earlier, NHTSA and FHWA expect that States will want to 
know as soon as possible whether their laws satisfy the requirements of 
Section 161 or they may want assistance in drafting conforming 
legislation. In addition, since the agencies propose to issue initial 
determinations of noncompliance through FHWA's advance notice of 
apportionments, normally not later than ninety days prior to final 
apportionment (which normally occurs on October 1 of each fiscal year), 
States will want to submit their certifications more than ninety days 
before October 1.
    States are strongly encouraged to submit certifications in advance, 
and to request preliminary reviews and assistance from the agencies. 
Requests should be submitted through NHTSA's Regional Administrators, 
who will refer these requests to appropriate NHTSA and FHWA offices for 
review.

Period of Availability for Funds

    Section 161 provides an incremental approach to the withholding of 
funds from apportionment for noncompliance. If a State is found to be 
in noncompliance on October 1, 1998, the State would be subject to a 
five percent withholding of its FY 1999 apportionment on that date. If 
a State is found to be in noncompliance on October 1 of any subsequent 
fiscal year, beginning with FY 2000, the State would be subject to a 
ten percent withholding.
    In addition, if a State is found to be in noncompliance in fiscal 
years 1999 or 2000, the funds withheld from apportionment to the State 
would remain available for apportionment to that State for a period of 
time, prescribed in the statute. If a State is found to be in 
noncompliance in any subsequent fiscal year, the funds withheld from 
apportionment would no longer be available for apportionment.
    Paragraph (b)(1)(B) of Section 161 provides that, ``No funds 
withheld under this section from apportionment to any State after 
September 30, 2000, shall be available for apportionment to the 
State.'' These funds would lapse, in accordance with paragraph (b)(4) 
of the section.
    Paragraphs (b)(1)(A) and (b)(2) of Section 161 identify the period 
of time during which funds withheld on or before September 30, 2000, 
remain available for apportionment, and when they are to be restored if 
the State complies with the Federal requirements before the funds 
lapse. Paragraph (b)(3) establishes the period of time during which 
these subsequently apportioned funds would remain available to a State 
for expenditure. If the State does not meet the requirements during the 
period of time that the funds remain available for expenditure, the 
funds would lapse, in accordance with paragraph (b)(4) of the section.
    These sections are virtually identical to those found in the 
National Minimum Drinking Age Act, as amended, 23 U.S.C. 158, and the 
Drug Offender's Drivers License Suspension Act, as amended, 23 U.S.C. 
159. For a full discussion of how these provisions have been applied in 
practice, interested parties are encouraged to read the preambles to 
the agencies' joint final rules published in the Federal Register on 
August 18, 1988 (53 FR 31318) and August 12, 1992 (57 FR 35989).

Comments

    Interested persons are invited to comment on this proposal. All 
comments must be limited to 15 pages in length. Necessary attachments 
may be appended to those submissions without regard to the 15 page 
limit. This limitation is intended to encourage commenters to detail 
their primary arguments in a concise fashion.
    Written comments to the public docket must be received by April 22, 
1996. To expedite the submission of comments, simultaneous with the 
issuance of this notice, NHTSA and FHWA will mail copies to all 
Governors, Governors' Representatives for Highway Safety and State 
highway agencies.
    All comments received before the close of business on the comment 
closing date will be considered and will be available for examination 
in the docket at the above address before and after that date. To the 
extent possible, comments filed after the closing date will also be 
considered. However, the rulemaking action may proceed at any time 
after that date. The agencies will continue to file relevant material 
in the docket as it becomes available after the closing date, and it is 
recommended that interested persons continue to examine the docket for 
new material.
    Those persons who wish to be notified upon receipt of their 
comments in the docket should enclose, in the envelope with their 
comments, a self-addressed stamped postcard. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.
    Copies of all comments will be placed in Docket 96-007; Notice 1 of 
the NHTSA Docket Section in Room 5109, Nassif Building, 400 Seventh 
Street, S.W., Washington, D.C. 20590.

Separate Interim Final Rule in Today's Federal Register

    In today's Federal Register, NHTSA has published a separate interim 
final rule and request for comments, relating to Part 1313, the 
agency's regulation that implements its Section 410 program.
    The interim final rule amends Part 1313, to reflect changes that 
were made to 23 U.S.C. 410 by the NHS Act, and requests comments on 
these changes. It also recognizes that one of the grant criteria under 
the section 410 program, which requires that States ``deem persons 
under age 21 who operate a motor vehicle with a BAC of 0.02 or greater 
to be driving while intoxicated,'' is similar to the new ``zero 
tolerance'' sanction requirement contained in Section 320 of the NHS 
Act (23 U.S.C. Section 161). The interim final rule requests comments 
regarding whether additional changes should be made to the section 410 
``0.02'' grant criterion, as a result of the new ``zero tolerance'' 
sanction program. Comments regarding this issue should be submitted to 
the attention of Docket 89-02; Notice 8.

[[Page 9124]]

Regulatory Analyses and Notices

Executive Order 12778 (Civil Justice Reform)

    This proposed rule would not have any preemptive or retroactive 
effect. 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.

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

    The agencies have determined that this proposed 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. States can choose to enact and 
enforce a zero tolerance law, in conformance with Pub. L. 104-59, and 
thereby avoid the withholding of Federal-aid highway funds. While 
specific criteria that State laws must meet have been proposed in this 
NPRM, they are mandated by Pub. L. 104-59. Accordingly, 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 
proposed action on small entities. Based on the evaluation, we certify 
that this proposed action would not have a significant impact on a 
substantial number of small entities. Accordingly, the preparation of a 
Regulatory Flexibility Analysis is unnecessary.

Paperwork Reduction Act

    The requirements in this proposal that States certify that they 
conform to the statutory requirements to avoid the withholding of 
Federal-aid highway funds are considered to be information collection 
requirements as that term is defined by the Office of Management and 
Budget (OMB) in 5 C.F.R Part 1320. The reporting and recordkeeping 
requirement associated with this rule is subject to approval by the 
Office of Management and Budget in accordance with 44 U.S.C. Chapter 
35. NHTSA and FHWA, NEED FOR INFORMATION: To encourage States to enact 
and enforce zero tolerance laws; NHTSA and FHWA, PROPOSED USE OF 
INFORMATION: To provide procedures to State recipients of Federal-aid 
highway funds on how to certify compliance with the provision of Public 
Law 104-59. The law requires a zero tolerance law for drivers under the 
age of 21; FREQUENCY: One time only; BURDEN ESTIMATE: 52 hours; 
RESPONDENTS: States; FORM(S): None; AVERAGE BURDEN HOURS PER 
RESPONDENT: 1 hour. For further information contact: Mr. Edward Kosek, 
Office of Information Resources Management, NAD-51, NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590, (202) 366-2590.
    Comments on the proposed information collection requirements should 
be submitted to: Office of Management and Budget, Office of Information 
and Regulatory Affairs, Washington, DC 20503, Attention: Desk Officer 
for NHTSA. It is requested that comments sent to OMB also be sent to 
the NHTSA rulemaking docket for this proposed action.

National Environmental Policy Act

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

Executive Order 12612 (Federalism Assessment)

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

List of Subjects in 23 CFR Part 1210

    Alcohol abuse, Grant programs--transportation, Highway safety, 
Reporting and recordkeeping requirements, Youth.
    In accordance with the foregoing, the agencies propose to add a new 
Part 1210 to Title 23 of the Code of Federal Regulations to read as 
follows:

PART 1210--OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS

Sec.
1210.1  Scope.
1210.2  Purpose.
1210.3  Definitions.
1210.4  Adoption of zero tolerance law.
1210.5  Certification requirements.
1210.6  Period of availability of withheld funds.
1210.7  Apportionment of withheld funds after compliance.
1210.8  Period of availability of subsequently apportioned funds.
1210.9  Effect of noncompliance.
1210.10  Procedures affecting States in noncompliance.

    Authority: 23 U.S.C. 161; delegation of authority at 49 CFR 1.48 
and 1.50.


Sec. 1210.1  Scope.

    This part prescribes the requirements necessary to implement 
Section 161 of Title 23, United States Code, which encourages States to 
enact and enforce zero tolerance laws.


Sec. 1210.2  Purpose.

    The purpose of this part is to specify the steps that States must 
take to avoid the withholding of Federal-aid highway funds for 
noncompliance with 23 U.S.C. 161.


Sec. 1210.3  Definitions.

    As used in this part:
    (a) BAC means either blood or breath alcohol concentration.
    (b) Alcohol concentration means either grams of alcohol per 100 
milliliters of blood or grams of alcohol per 210 liters of breath.
    (c) Operating a motor vehicle means driving or being in actual 
physical control of a motor vehicle.


Sec. 1210.4  Adoption of zero tolerance law.

    (a) The Secretary shall withhold five percent of the amount 
required to be apportioned to any State under each of sections 
104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on 
the first day of fiscal year 1999 if the State does not meet the 
requirements of this part on that date.
    (b) The Secretary shall withhold ten percent of the amount required 
to be apportioned to any State under each of sections 104(b)(1), 
104(b)(3) and 104(b)(5) of title 23, United States Code, on the first 
day of fiscal year 2000 and any subsequent fiscal year if the State 
does not meet the requirements of this part on that date.
    (c) A State meets the requirements of this section if the State has 
enacted and is enforcing a law that considers an individual under the 
age of 21 who has a blood alcohol concentration of 0.02 percent or 
greater while operating a motor vehicle in the State to be driving 
while intoxicated or driving under the influence of alcohol. The law 
must:
    (1) Apply to all individuals under the age of 21;
    (2) Set a blood alcohol concentration of not higher than 0.02 
percent as the legal limit;
    (3) Make operating a motor vehicle by an individual under age 21 at 
or above the legal limit a per se offense; and
    (4) Provide for primary enforcement.

[[Page 9125]]

Sec. 1210.5  Certification requirements.

    (a) Until a State has been determined to be in compliance with the 
requirements of 23 U.S.C. 161, to avoid the withholding of funds in any 
fiscal year, beginning with FY 1999, the State shall certify to the 
Secretary of Transportation, before the last day of the previous fiscal 
year, that it meets the requirements of 23 U.S.C. 161, and this part.
    (b) The certification shall contain:
    (1) A copy of the State zero tolerance law, regulation, or binding 
policy directive implementing or interpreting such law or regulation, 
that conforms to 23 U.S.C. 161 and Sec. 1210.4(c) of this part; and
    (2) A statement by an appropriate State official, that the State 
has enacted and is enforcing a conforming zero tolerance law. The 
certifying statement shall be worded as follows:

    (Name of certifying official), (position title), of the (State 
or Commonwealth) of ________, do hereby certify that the (State or 
Commonwealth) of ________, has enacted and is enforcing a zero 
tolerance law that conforms to the requirements of 23 U.S.C. 161 and 
23 CFR 1210.4(c).

    (c) An original and four copies of the certification shall be 
submitted to the appropriate NHTSA Regional Administrator. Each 
Regional Administrator will forward the certifications it receives to 
appropriate NHTSA and FHWA offices.
    (d) Once a State has been determined to be in compliance with the 
requirements of 23 U.S.C. 161, it is not required to submit additional 
certifications, except that the State shall promptly submit an 
amendment or supplement to its certification provided under paragraphs 
(a) and (b) of this section if the State's zero tolerance legislation 
changes.


Sec. 1210.6  Period of availability of withheld funds.

    (a) Funds withheld under Sec. 1210.4 from apportionment to any 
State on or before September 30, 2000, will remain available for 
apportionment until the end of the third fiscal year following the 
fiscal year for which the funds are authorized to be appropriated.
    (b) Funds withheld under Sec. 1210.4 from apportionment to any 
State after September 30, 2000 will not be available for apportionment 
to the State.


Sec. 1210.7  Apportionment of withheld funds after compliance.

    Funds withheld to a State from apportionment under Sec. 1210.4, 
which remain available for apportionment under Sec. 1210.5(a), will be 
made available to the State if it conforms to the requirements of 
Secs. 1210.4 and 1210.5 before the last day of the period of 
availability as defined in Sec. 1210.6(a).


Sec. 1210.8  Period of availability of subsequently apportioned funds.

    Funds apportioned pursuant to Sec. 1210.7 will remain available for 
expenditure until the end of the third fiscal year following the fiscal 
year in which the funds are apportioned.


Sec. 1210.9  Effect of noncompliance.

    If a State has not met the requirements of 23 U.S.C. 161 and this 
part at the end of the period for which funds withheld under 
Sec. 1210.4 are available for apportionment to a State under 
Sec. 1210.6, then such funds shall lapse.


Sec. 1210.10  Procedures affecting States in noncompliance.

    (a) Each fiscal year, each State determined to be in noncompliance 
with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's 
preliminary review of its law, will be advised of the funds expected to 
be withheld under Sec. 1210.4 from apportionment, as part of the 
advance notice of apportionments required under 23 U.S.C. 104(e), 
normally not later than ninety days prior to final apportionment.
    (b) If NHTSA and FHWA determine that the State is not in compliance 
with 23 U.S.C. 161 and this part, based on the agencies' preliminary 
review, the State may, within 30 days of its receipt of the advance 
notice of apportionments, submit documentation showing why it is in 
compliance.
    Documentation shall be submitted to the National Highway Traffic 
Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 
20590.
    (c) Each fiscal year, each State determined not to be in compliance 
with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's final 
determination, will receive notice of the funds being withheld under 
Sec. 1210.4 from apportionment, as part of the certification of 
apportionments required under 23 U.S.C. 104(e), which normally occurs 
on October 1 of each fiscal year.

    Issued on: February 29, 1996.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-5133 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-59-P