[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18247-18248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10121]



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CONSUMER PRODUCT SAFETY COMMISSION
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

23 CFR Part 1309

[NHTSA Docket No. 82-18; Notice 14]
RIN 2127-AG22


Incentive Grant Criteria for Alcohol Traffic Safety Programs

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

ACTION: Final rule.

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SUMMARY: This final rule removes Part 1309 from title 23 of the Code of 
Federal Regulations (CFR). Part 1309 established criteria for awarding 
incentive grants to States that implemented effective programs to 
reduce drunk driving and driving under the influence of a controlled 
substance, in accordance with section 408 of title 23, United States 
Code. The regulation is being removed because it is unnecessary and 
obsolete. Funds for the section 408 program have not been authorized 
since FY 1994.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Marlene Markison, Office of State 
and Community Services, National Highway Traffic Safety Administration, 
400 7th Street, SW., Washington, DC 20590, telephone (202) 366-2121; or 
Ms. Heidi L. Coleman, Office of Chief Counsel, Room 5219, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590, telephone (202) 366-1834.


[[Page 18248]]


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revise those that are outdated or otherwise in need of reform.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including whether the regulation is obsolete, whether its intended goal 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 1309 
should be removed from title 23 of the Code of Federal Regulations 
(CFR), because it is unnecessary and obsolete.
    Part 1309 established criteria for awarding incentive grants to 
States that implemented effective programs to reduce drunk driving and 
driving under the influence of a controlled substance, in accordance 
with 23 U.S.C. 408. Part 1309 was first published in the Federal 
Register, as 23 CFR Part 1209, on February 7, 1983 (48 FR 5545). It was 
amended and redesignated as 23 CFR Part 1309 on June 19, 1986 (51 FR 
22276). It was further amended on July 22, 1987 (52 FR 27614), May 18, 
1988 (53 FR 17692) and August 25, 1988 (53 FR 32375).
    Funds for the section 408 program have not been authorized since FY 
1994. 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. States that have remaining 
section 408 balances must expend their funds in accordance with 23 
U.S.C. 408, OMB Circular A-87, other applicable grant funding policies 
(for current policies, States should consult the NHTSA/FHWA Highway 
Safety Grant Management Manual) and the agreements the States entered 
with NHTSA when they received their funds.

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 1309

    Alcohol abuse, Drug abuse, Grant programs--transportation, Highway 
safety.

    Under the authority of 49 CFR Part 1.50, Title 23 of the Code of 
Federal Regulations is amended by removing Part 1309.

    Issued on: April 19, 1996.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-10121 Filed 4-24-96; 8:45 am]
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