[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Rules and Regulations]
[Pages 77320-77321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24653]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1345

[Docket No. NHTSA-2005-22879]
RIN 2127-AJ72


Incentive Grant Criteria for Occupant Protection Programs

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the application due date for the 
regulation governing the Occupant Protection Incentive Grant Program, 
23 CFR part 1345 from August 1 of the applicable fiscal year to 
February 15. On November 14, 2005, NHTSA issued an interim final rule 
and technical amendments to the regulation in light of new legislation 
extending the program. The interim final rule proposed to change the 
application due date from August 1 to February 15 of the applicable 
fiscal year. We solicited comments from the States on this single 
issue. No comments were received.

DATES: The final rule is effective December 30, 2005.

FOR FURTHER INFORMATION CONTACT: For program issues: Judy Hammond, 
Injury Control Operations and Resources, NTI-200, telephone (202) 366-
2121, fax (202) 366-7394. For legal issues: David Bonelli, Office of 
Chief Counsel, NCC-113, telephone (202) 366-1834, fax (202) 366-3820, 
NHTSA, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section 2003 of The Transportation Equity 
Act for the 21st Century (TEA-21), Pub. L. 105-178 (1998) established a 
new occupant protection incentive grant program under Section 405 of 
Title 23, United States Code. Under this program, States could qualify 
for incentive grant funds by adopting and implementing effective 
programs to reduce highway deaths and injuries resulting from 
individuals riding unrestrained or improperly restrained in motor 
vehicles. The program made grant funds available from fiscal year (FY) 
1998 through FY 2003, and was continued through FY 2005 by 
Congressional appropriations extending TEA-21 grant programs. On August 
10, 2005, the President signed into law the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act--A Legacy for Users 
(SAFETEA-LU), Pub. L. 109-59. SAFETEA-LU extends the occupant 
protection incentive grant program from FY 2006 through FY 2009.
    On November 14, 2005, NHTSA issued an interim final rule and 
technical amendments to the regulation governing the Occupant 
Protection Incentive Grant program, 23 CFR part 1345, in light of 
SAFETEA-LU's extension of the program. The technical amendments 
conformed the dates of the regulation to those in SAFETEA-LU. The 
interim final rule proposed to change the application due date from 
August 1 to February 15 of the applicable fiscal year. We indicated 
that an earlier application due date is appropriate for the new program 
because less lead time is necessary for States to submit applications 
under the extension of this well-established program. We also noted 
that the new due date would allow these grant funds to be awarded in 
time for spring national safety belt mobilization campaigns. We 
solicited comments from the States on this single issue until December 
14, 2005. No comments were received. Therefore, this final rule adopts 
our proposed change to the application due date in Sec.  1345.4(a)(4) 
from August 1 of the applicable fiscal year to February 15. The agency 
finds good cause to make this rule effective immediately, because of 
the need to give States sufficient notice of application requirements.

Statutory Basis for This Final Rule

    The statutory basis for this rule is the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act `` A Legacy for Users 
(SAFETEA-LU), Pub. L. 109-59 (2005). SAFETEA-LU extends the occupant 
protection incentive grant program from FY 2006 through FY 2009 by 
amending provisions of 23 U.S.C. 405.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. This rulemaking document is not significant under 
Executive Order 12866 or the Department of Transportation's (DOT) 
regulatory policies and procedures. (44 FR 11034, February 26, 1979.) 
This rulemaking action makes only a single change--an amendment to the 
application due date `` to the regulation governing the Occupant 
Protection Incentive Grant program. It will not impose any additional 
burden on any person. The agency believes that this impact is minimal 
and does not warrant the preparation of a regulatory evaluation.

B. Environmental Impacts

    We have not conducted an evaluation of the impacts of this final 
rule under the National Environmental Policy Act. This rulemaking 
action makes only a single change--an amendment to the application due 
date--to the regulation governing the Occupant Protection Incentive 
Grant program. This rulemaking does not impose any change that would 
result in any environmental impacts. Accordingly, no environmental 
assessment is required.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, we have considered the 
impacts of this rulemaking action on small entities (5 U.S.C. 601 et 
seq.). I certify that this rulemaking action will not have a 
significant economic impact upon a substantial number of small entities 
within the context of the Regulatory Flexibility Act. This rulemaking 
action makes only a single change--an amendment to the application due 
date--to the regulation governing the Occupant Protection Incentive 
Grant program. States are the recipients of any funds awarded under 
this program, and they are not considered to be small entities, as that 
term is defined in the Regulatory Flexibility Act. Accordingly, we have 
not prepared a Final Regulatory Flexibility Analysis.

D. Executive Order 13132, Federalism

    E.O. 13132 requires NHTSA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' This final rule does not change the relationship 
between the National Government and the States, or the distribution of 
power and responsibilities among the various levels of government as 
specified in E.O. 13132. This final rule merely changes the application 
due date in Sec.  1345.4(a)(4) from August 1 of applicable fiscal year 
to February 15.

E. Paperwork Reduction Act

    This final rule does not add any new information collection 
requirements, as that term is defined by the Office of Management and 
Budget (OMB) in 5 CFR part 1320. The existing requirements have been 
submitted previously to and approved by OMB, pursuant to the Paperwork 
Reduction Act (44 U.S.C. 3501, et seq.). These

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requirements have been approved under OMB No. 2127-0600, through April 
30, 2008.

F. The Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
requires agencies to prepare a written assessment of the costs, 
benefits and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local or 
tribal governments, in the aggregate, or by the private sector, of more 
than $100 million annually. This action will not result in additional 
expenditures by state, local or tribal governments or by any members of 
the private sector. Therefore, the agency has not prepared an economic 
assessment pursuant to the Unfunded Mandates Reform Act.

G. Civil Justice Reform

    This final rule does not have any retroactive effect. A petition 
for reconsideration or other administrative proceedings are not 
required before parties may file suit in court.

H. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit 
http://dms.dot.gov.

List of Subjects in 23 CFR Part 1345

    Grant programs--Transportation, Highway safety, Reporting and 
recordkeeping requirements.

0
In consideration of the foregoing, 23 CFR Part 1345 is amended to read 
as follows:

PART 1345--INCENTIVE GRANT CRITERIA FOR OCCUPANT PROTECTION 
PROGRAMS

0
1. The authority citation continues to read as follows:

    Authority: Pub. L. 105-78; Pub. L. 109-59; 23 U.S.C. 405, 
delegation of authority at 49 CFR 1.50.

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2. Accordingly, the interim final rule amending 23 CFR part 1345 which 
was published at 70 FR 69078 on November 14, 2005, is adopted as a 
final rule without change.

    Issued on: December 23, 2005.
Gregory Walter,
Senior Associate Administrator for Policy and Operations.
[FR Doc. 05-24653 Filed 12-29-05; 8:45 am]
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