[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Proposed Rules]
[Pages 45164-45169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18182]
[[Page 45164]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1300
[Docket No. NHTSA-2025-0061]
RIN 2127-AM73
Uniform Procedures for State Highway Safety Grant Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes revisions to certain documentation
requirements relating to public participation and engagement in the
Uniform Procedures for State Highway Safety Grant Programs.
DATES: Comments in response to this notice of proposed rulemaking must
be submitted by October 20, 2025. In compliance with the Paperwork
Reduction Act, NHTSA is also seeking comment on revisions to an
existing information collection. For additional information, see the
Paperwork Reduction Act section under the Regulatory Notices and
Analyses section below. All comments relating to the information
collection requirements should be submitted to NHTSA and to the Office
of Management and Budget (OMB) at the address listed in the ADDRESSES
section on or before October 20, 2025.
ADDRESSES: You may submit written comments, identified by docket number
or RIN, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC
20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. E.T.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call 202-366-9826 before coming.
Comments on the proposed information collection requirements should
be submitted to: Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection,
select ``Currently under Review--Open for Public Comment'' or use the
search function. It is requested that comments sent to the OMB also be
sent to the NHTSA rulemaking docket identified in the heading of this
document.
Instructions: All written submissions must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket go to http://www.regulations.gov
at any time or to 1200 New Jersey Avenue SE, West Building, Ground
Floor, Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays. Telephone: 202-366-
9826.
Privacy Act: Please see the Privacy Act heading under Regulatory
Analyses and Notices.
FOR FURTHER INFORMATION CONTACT:
Program issues: Barbara Sauers, Associate Administrator, Regional
Operations and Program Delivery, National Highway Traffic Safety
Administration; Telephone number: (202) 366-0144; Email:
[email protected].
Legal issues: Megan Brown, Attorney-Advisor, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590; Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Department of Transportation Request for Information
III. Proposal
IV. Request for Comments
V. Regulatory Analyses and Notices
I. Background
NHTSA and its State highway safety grant program recipients share a
joint mission of saving lives and preventing injuries from motor
vehicle crashes. NHTSA projects that an estimated 39,345 people died in
motor vehicle crashes in 2024; this marks the third consecutive year of
decreasing traffic fatalities.\1\ These reductions in fatality rates
attest to the important work that NHTSA and the States can achieve
together through the highway safety grant program. To support States in
their administration of highway safety grants funds, NHTSA seeks to
apply reasonable administrative requirements necessary to carry out the
agency's responsibilities as a steward of taxpayer funds while
minimizing administrative burdens on States so they can focus efforts
on implementing needed highway safety programs. When, in the course of
administering the grant program, NHTSA identifies an administrative
requirement that is unduly burdensome or duplicative, NHTSA will take
action to minimize that burden where possible.
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\1\ National Center for Statistics and Analysis (April 2025),
Early Estimate of Motor Vehicle Traffic Fatalities in 2024 (Traffic
Safety Facts CrashStats Brief Statistical Summary, Report
No. DOT HS 813 710), National Highway Traffic Safety Administration,
available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813710.
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In the Infrastructure Investment and Jobs Act (IIJA),\2\ Congress
created a new requirement that State highway safety programs funded by
NHTSA highway safety grants ``result[ ] from meaningful public
participation and engagement from affected communities, particularly
those most significantly impacted by traffic crashes resulting in
injuries and fatalities.'' \3\ NHTSA implemented the public
participation and engagement (PP&E) requirement in the highway safety
grant program through a final rule published on February 6, 2023.\4\
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\2\ Public Law 117-58 (Nov. 15, 2021).
\3\ 23 U.S.C. 402(b)(1)(B).
\4\ 88 FR 7780 (Feb. 6, 2023).
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Under the current grant program regulation, States demonstrate
compliance with the statutory public participation and engagement
requirement in two program submissions: the triennial Highway Safety
Plan (triennial HSP) and the Annual Report. In the triennial HSP, a
State must provide a description of its plan for PP&E efforts in its
highway safety planning process and describe the outcomes of the
activities carried out as a result of that plan. A State must also
describe the State's plan for continuing public participation and
engagement activities throughout the three years covered by the
triennial HSP. 23 CFR 1300.11(b)(2). In order to ensure the public
participation and engagement described in the triennial HSP plays a
role in the State's highway safety program throughout the three-year
life of the plan, NHTSA requires States to describe in the Annual
Report how the projects that were implemented were informed by the
State's public participation and engagement. 23 CFR 1300.35(b)(2).
The final rule was the result of extensive efforts to facilitate
opportunities for States and other stakeholders to provide input
[[Page 45165]]
throughout the rulemaking process, including a published request for
comments and public hearings on top of the usual notice of proposed
rulemaking (NPRM) and comment period.\5\ As a result of this outreach,
NHTSA sought to create a flexible structure that met the intent of the
statutory requirement without dictating or limiting how States
conducted PP&E efforts. During the public comment process and after
publication of the rule, many States asked NHTSA for more specific
examples of how to identify affected communities and conduct PP&E or
for NHTSA to share best practices. Therefore, NHTSA continued its
outreach to States on the PP&E requirement after publication of the
final rule by offering several training opportunities and by providing
technical assistance to States upon request. In addition, NHTSA staff
engage in outreach through national and regional meetings and
conferences with States, regular interactions with States at a regional
office level, and regularly scheduled check-ins with interested
stakeholder organizations.
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\5\ Uniform Procedures for State Highway Safety Grant Programs,
Notification of public meetings; request for comments (RFC), 87 FR
23780 (Apr. 21, 2022); Notice of proposed rulemaking, 87 FR 56756
(Sept. 15, 2022).
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As a result of these outreach efforts and feedback received, NHTSA
recognizes the need to consider adjusting the PP&E documentation
requirements to be more aligned with the varying resources and needs of
the different State highway safety offices. Though participation by
affected communities is an administrative priority and a statutory
requirement of NHTSA's grant funds (23 U.S.C. 402(b)(1)(B)), NHTSA
acknowledges that some PP&E reporting requirements could be reduced.
II. Department of Transportation Request for Information
On May 5, 2025, DOT published a request for information (RFI)
seeking comments and information to assist DOT in identifying existing
regulations, guidance, paperwork requirements, and other regulatory
obligations that can be modified or repealed, consistent with law, to
ensure that DOT administrative actions do not undermine the national
interest and DOT achieves meaningful burden reduction while continuing
to meet statutory obligations and to ensure the safety of the U.S.
transportation system. 90 FR 14593. The Governors Highway Safety
Association (GHSA), an association representing State and territorial
Highway Safety Offices (SHSOs), submitted a comment in response to the
RFI.\6\ GHSA states in its comment that NHTSA's implementation of the
IIJA PP&E requirements ``has been heavy handed and focused on oversight
of the process for implementing it not on SHSOs achieving the desired
outcomes.'' GHSA requests that NHTSA remove ``the expanded [triennial
HSP] obligations, related annual report narratives, and other reporting
requirements for PP&E from Title 23 CFR [Part] 1300 and simplify the
program by allowing states to certify that they are meeting the
requirement outlined in statute through the annual Certifications and
Assurances process outlined in Appendix A of [Part] 1300.''
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\6\ Document ID DOT-OST-2025-0026-0955, available at https://www.regulations.gov/comment/DOT-OST-2025-0026-0955.
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NHTSA addresses GHSA's comment in the discussion of the agency's
current proposal below.
III. Proposal
Today's action proposes revisions to reduce administrative burdens
relating to implementation of the statutory public participation and
engagement requirements in NHTSA's highway safety grant program rule by
eliminating the public participation and engagement section from the
triennial Highway Safety Plan.
Specifically, NHTSA proposes to remove 23 CFR 1300.11(b)(2)--which
lays out the public participation and engagement requirements for the
triennial HSP--in its entirety. The planning information required in
the triennial HSP submission represents an additional reporting
requirement covering implementation of the statutory PP&E requirement,
but as NHTSA has learned through experience, the triennial HSP planning
information provides limited value for NHTSA's oversight of the
statutory provision. NHTSA included planning requirements for PP&E in
the triennial HSP in order to set out a process that would incorporate
PP&E into all stages of a State's highway safety program lifecycle,
including at the planning stage. By creating a check early in the
State's program planning process, NHTSA sought to avoid situations
where it discovered, after the close of the grant year, that a State
had failed to meet a statutory condition of the highway safety grants.
However, NHTSA now believes that the benefit of a formal early check is
outweighed by the burden imposed on States through prescribing a
uniform process for thinking about PP&E. By removing the triennial HSP
section relating to PP&E, NHTSA would intend to provide States with
increased flexibility to implement the statute's intent in the manner
that best suits their individual programs. Removal of PP&E reporting
requirements in the triennial HSP would also lessen administrative
burden for State grant applicants. No longer would States be required
to lay out PP&E activities on a prospective basis in the triennial HSP
submission. States also would no longer be required to describe
outcomes of their PP&E efforts in the triennial HSP.
NHTSA proposes to retain the regulatory PP&E reporting requirement
in the Annual Report in order to fulfill its duty to ensure that States
satisfy the statutory PP&E requirement. Under the current regulation,
States are required to provide ``a narrative description of the public
participation and engagement efforts carried out and how those efforts
informed projects implemented under countermeasure strategies during
the grant year.'' 23 CFR 1300.35(b)(2). That requirement is meant to
provide NHTSA with a high-level discussion of the State's PP&E efforts.
NHTSA believes that the after-the-fact description of State efforts
currently required in the Annual Report is sufficient to provide NHTSA
with confidence that States are meeting their statutory
responsibilities related to PP&E while providing States with maximum
flexibility in how to implement PP&E within State highway safety
programs.
As a result of the proposed removal of the public participation and
engagement section of the triennial HSP, NHTSA proposes to make minor
related amendments to three parts of the regulatory text that reference
the PP&E section of the triennial HSP. Specifically, NHTSA plans to
remove the term ``public participation and engagement'' from the
definition of triennial Highway Safety Plan (23 CFR 1300.3) and from
the clarifying clause in 23 CFR 1300.11(b)(1)(i) that lists the
triennial HSP sections. In addition, NHTSA proposes to delete the
reference to 23 CFR 1300.11(b)(2) in the local expenditure section of
23 CFR 1300.13(b)(3)(i) and to rewrite the clause to reference PP&E
activities more generally as an example of a way that a State may
solicit political subdivision involvement during the highway safety
planning process.
IV. Request for Comments
As discussed above, NHTSA provided numerous opportunities for
States and other stakeholders to provide input throughout the initial
implementation of the PP&E requirement following passage of IIJA. NHTSA
remains very interested in ensuring that it takes into account
[[Page 45166]]
State and stakeholder concerns, and in receiving comments on all
aspects of this NPRM from these interested parties. In particular,
NHTSA seeks comment on whether removal of the PP&E reporting
requirements in the triennial HSP provides meaningful flexibility and
burden reduction for States and does not limit unjustifiably NHTSA's
ability to ensure States are meeting statutory requirements. NHTSA
further seeks comment on whether the Annual Report's current
requirement to provide a narrative description of PP&E efforts is
sufficient to ensure States are meeting statutory requirements and not
overly burdensome. Finally, NHTSA seeks comment on any potentially less
burdensome alternatives that would be sufficient to ensure States are
meeting statutory requirements.
This section describes how you can participate in the process.
How do I prepare and submit comments?
Your comments must be written in English.\7\ To ensure that your
comments are filed correctly in the docket, please include the docket
number NHTSA-2025-xxxx in your comment. Your comments must not be more
than 15 pages long.\8\ NHTSA established this limit to encourage you to
write your primary comments in a concise fashion. However, you may
attach necessary additional documents to your comments, and there is no
limit on the length of the attachments. If you are submitting comments
electronically as a PDF (Adobe) file, we ask that the documents please
be scanned using the Optical Character Recognition (OCR) process, thus
allowing NHTSA to search and copy certain portions of your
submissions.\9\ Please note that pursuant to the Data Quality Act, in
order for substantive data to be relied upon and used by the agency, it
must meet the information quality standards set forth in the OMB and
DOT Data Quality Act guidelines. Accordingly, we encourage you to
consult the guidelines in preparing your comments. OMB's guidelines may
be accessed at https://www.gpo.gov/fdsys/pkg/FR-2002-02-22/pdf/R2-59.pdf. DOT's guidelines may be accessed at https://www.transportation.gov/dotinformation-dissemination-qualityguidelines.
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\7\ 49 CFR 553.21.
\8\ Id.
\9\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
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Tips for Preparing Your Comments
When submitting comments, please remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified in the DATES section above.
How can I be sure that my comments were received?
If you submit your comments to NHTSA's docket by mail and wish DOT
Docket Management to notify you upon receipt of your comments, please
enclose a self-addressed, stamped postcard in the envelope containing
your comments. Upon receiving your comments, Docket Management will
return the postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing confidential business information, you should include a
cover letter setting forth the information specified in 49 CFR part
512.
In addition, you should submit a copy from which you have deleted
the claimed confidential business information to the Docket by one of
the methods set forth above.
Will NHTSA consider late comments?
NHTSA will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent practicable, we will also consider comments received after
that date. If interested persons believe that any information the
agency places in the docket after the issuance of the NPRM affects
their comments, they may submit comments after the closing date
concerning how the agency should consider that information for the
final rule. However, the agency's ability to consider any such late
comments in this rulemaking will be limited due to the time frame for
issuing a final rule. If a comment is received too late for us to
consider in developing a final rule, we will consider that comment as
an informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to https://www.regulations.gov. Follow the online instructions for accessing the
dockets. You may also read the materials at the DOT Docket Management
Facility by going to the street address given above under ADDRESSES.
V. Regulatory Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review)
NHTSA has considered the impact of this rulemaking action under
E.O. 12866.\10\ This rulemaking does not meet the criteria of a
``significant regulatory action'' under E.O. 12866. Therefore, the
Office of Management and Budget (OMB) has not reviewed this proposed
rule under that E.O.
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\10\ Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
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Submission of a triennial Highway Safety Plan is required for any
State to receive a highway safety grant. The triennial HSP is submitted
only once every three years, and there are a total of 57 eligible
respondents (fifty States, the District of Columbia, Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Bureau of Indian Affairs). NHTSA
projects that this action, if adopted as proposed, would save each
applicant 64 hours that was used previously to collect, review, and
submit the PP&E section of the triennial HSP.
For the costs associated with respondents preparing application
materials, NHTSA used the estimated average wage for ``Management
Analysts,'' Occupation Code 13-1111. The Bureau of Labor Statistics
estimates that the average hourly wage for management analysts in State
and local
[[Page 45167]]
government is $37.31.\11\ The Bureau of Labor Statistics estimates that
wages for State and local government workers represent 61.6 percent of
total compensation costs.\12\ Therefore, NHTSA estimates the hourly
labor costs to be $55.44 and estimates that hourly labor cost
associated with preparing the PP&E section of the triennial HSP to be
$3,548.16 per respondent. Historically, all eligible States apply for
and receive grants, so the total labor costs saved by all respondents
by this proposal would be $202,245.12, once every three years.
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\11\ See May 2024 Occupational Employment and Wage Estimates,
Industry: State Government, excluding Schools and Hospitals (OEWS
Designation), available at https://data.bls.gov/oes/#/industry/999200 (accessed June 23, 2025).
\12\ See Table 1. Employer Costs for Employee Compensation by
ownership, available at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 23, 2025).
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NHTSA requests comment on the costs and benefits associated with
this proposal.
B. Executive Order (E.O.) 14192 (Unleashing Prosperity Through
Deregulation)
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 \13\ deregulatory action. The rulemaking seeks to decrease
States' administrative burden by proposing to remove requirements to
document public participation and engagement in triennial Highway
Safety Plan submissions.
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\13\ Unleashing Prosperity through Deregulation, 90 FR 9065
(Feb. 6, 2025).
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NHTSA estimates the cost savings of this proposal would be
$202,245.12, once every three years. See discussion at V.A. E.O. 12866
(Regulatory Planning and Review), above for more information.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small businesses, small organizations, and small
governmental jurisdictions. Section 605 of the RFA allows agencies to
certify a rule, in lieu of preparing an analysis, if the proposed
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities. The Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-21, 110 Stat. 857)
amended the RFA to require Federal agencies to provide a statement of
the factual basis for certifying that an action would not have a
significant economic impact on a substantial number of small entities.
This action proposes a limited revision to the uniform procedures
implementing State highway safety grant programs, which were determined
previously not to have a significant impact on a substantial number of
small entities. The grant programs impacted by this rule will affect
State governments, which are not considered to be small entities as
that term is defined by the RFA. Therefore, NHTSA certifies that the
proposed action will not have a significant impact on a substantial
number of small entities and finds that preparing a Regulatory
Flexibility Analysis is unnecessary.
D. E.O. 13132 (Federalism)
E.O. 13132 on ``Federalism'' 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.'' 64 FR 43255 (August 10, 1999). ``Policies
that have federalism implications'' are defined in the E.O. to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under E.O. 13132, an agency may not issue a regulation
with federalism implications that imposes substantial direct compliance
costs not required by statute unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
State and local governments or the agency consults with the State and
local government in the process of developing the proposed regulation.
An agency also may not issue a regulation with Federalism implications
that preempts a State law without consulting with State and local
officials.
NHTSA analyzed this rulemaking action in accordance with the
principles and criteria set forth in E.O. 13132. The revisions proposed
in this rulemaking will decrease reporting requirements for States
submitting triennial Highway Safety Plans as a basis to receive grant
funding. Therefore, NHTSA determines that this proposal would not have
sufficient Federalism implications as defined in the Order to warrant
formal consultation with State and local officials or preparation of a
Federalism summary impact statement.
E. E.O. 12988 (Civil Justice Reform)
Pursuant to E.O. 12988 (61 FR 4729 (February 7, 1996)), ``Civil
Justice Reform,'' the agency has considered whether this proposed rule
would have any retroactive effect. NHTSA concludes that the proposed
would not have any retroactive or preemptive effect, and judicial
review may be obtained pursuant to 5 U.S.C. 702. Section 702 does not
require that a petition for reconsideration be filed prior to seeking
judicial review. This action meets applicable standards in sections
3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
F. Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3501, et. seq.), Federal agencies must obtain
approval from the OMB for each collection of information they conduct,
sponsor, or require through regulations. A person is not required to
respond to a collection of information by a Federal agency unless the
collection displays a valid OMB control number. The Information
Collection Request (ICR) for a revision to the existing information
collection described below has been forwarded to OMB for review and
comment. In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information for which
the agency is seeking approval from OMB.
Title: State Highway Safety Grant Programs.
OMB Control Number: 2127-0760.
Form Number: N/A (triennial Highway Safety Plan).
Type of Request: Revision of currently approved information
collection.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: Retain existing expiration
date (August 31, 2026).
Summary of the Collection of Information: In the Infrastructure
Investment and Jobs Act (IIJA), Public Law 117-58, Congress created a
new requirement that State highway safety programs funded by NHTSA
highway safety grants ``result[ ] from meaningful public participation
and engagement from affected communities, particularly those most
significantly impacted by traffic crashes resulting in injuries and
fatalities.'' NHTSA implemented the public participation and engagement
(PP&E) requirement in the highway safety grant program through a final
rule published on February 6, 2023.\14\
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\14\ 88 FR 7780.
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This action proposes to decrease States' administrative burden by
proposing to remove requirements to document public participation and
[[Page 45168]]
engagement in triennial Highway Safety Plan (HSP) submissions.
Description of the Need for the Information and Proposed Use of the
Information: The authorizing statute for the NHTSA highway safety grant
program, Section 402, provides that States apply and qualify for State
highway safety grants through submission of a triennial Highway Safety
Plan and Annual Grant Application. The information contained in those
documents is necessary to determine whether a State satisfies the
criteria for grant awards. In addition to a reporting requirement in
the Annual Report (which NHTSA does not propose to revise), NHTSA
implemented the PP&E requirement through planning and reporting
requirements in the triennial HSP. As a result of feedback from State
applicants as well as NHTSA's experience overseeing the triennial HSP
requirements, NHTSA no longer believes that the information provided in
the PP&E section of the triennial HSP is necessary to ensure that
States meet the statutory PP&E requirement.
Affected Public and Estimated Number of Respondents: This
collection impacts the 57 governmental entities that are eligible to
apply for grants under the NHTSA Highway Safety Grant Program (the 50
States, the District of Columbia, Puerto Rico, American Samoa, Guam,
the Northern Mariana Islands, the U.S. Virgin Islands, and the Bureau
of Indian Affairs on behalf of Indian tribes). These respondents will
hereafter be referred to as ``State respondents.''
Frequency: The triennial HSP is a planning document for a State's
entire traffic safety program and outlines the performance targets and
countermeasure strategies for key program areas as identified by State
and Federal data and problem identification. By statute, States must
submit, and NHTSA must approve, the triennial HSP once every three
years as a condition of providing Section 402 grant funds.
Number of Responses: NHTSA anticipates that it will receive 57
triennial HSPs, once every three years. This is based on the number of
eligible respondents for the Highway Safety Grant Program.
Estimated Total Annual Burden Hours: NHTSA calculates the estimated
burden hours for all State respondents based on the 57 eligible
respondents for Section 402 grants (fifty States, the District of
Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Secretary of
the Interior). We estimate that this action, if adopted as proposed,
would save each applicant 64 hours that was previously used to collect,
review, and submit the PP&E section of the triennial HSP. The total
estimated annual burden hours averaged over the triennial cycle for all
State respondents would be 21.33 hours annually.
Estimated Total Annual Burden Cost: To calculate the estimated
costs associated with respondents preparing application materials,
NHTSA used the estimated average wage for ``Management Analysts,''
Occupation Code 13-1111. The Bureau of Labor Statistics estimates that
the average hourly wage for management analysts in State and local
government is $37.31.\15\ The Bureau of Labor Statistics estimates that
wages for State and local government workers represent 61.6% of total
compensation costs.\16\ Therefore, NHTSA estimates the hourly labor
costs to be $55.44 and estimates that hourly labor cost associated with
preparing the PP&E section of the triennial HSP to be $3,548.16 per
respondent. Historically, all eligible States apply for and receive
grants, so the total labor costs saved by all respondents by this
proposal would be $202,245.12 once every three years. The total saved
annual burden costs averaged over the triennial cycle for all State
respondents would be $67,415.04.
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\15\ See May 2024 Occupational Employment and Wage Estimates,
Industry: State Government, excluding Schools and Hospitals (OEWS
Designation), available at https://data.bls.gov/oes/#/industry/999200 (accessed June 23, 2025).
\16\ See Table 1. Employer Costs for Employee Compensation by
ownership, available at https://www.bls.gov/news.release/ecec.t01.htm (accessed June 23, 2025).
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Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Please submit any comments, identified by the docket number in the
heading of this document, by the methods described in the ADDRESSES
section of this document to NHTSA and OMB. Although comments may be
submitted during the entire comment period, comments received within 30
days of publication are most useful.
G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 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 expenditures by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted annually for inflation with the
base year of 1995). This rulemaking would not result in annual State
expenditures exceeding the minimum threshold; instead, this proposed
rule likely would decrease administrative costs for States. Further,
this rulemaking action proposes updates to NHTSA's State highway safety
grant program, a voluntary program, and States that choose to apply and
qualify would receive grant funds.
H. National Environmental Policy Act
NHTSA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1D, NHTSA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``Planning and
administrative activities not involving or leading directly to
construction, such as: Training, technical assistance and research;
promulgation of rules, regulations, directives, or program guidance;
approval of project concepts; engineering; and operating assistance to
transit authorities to continue existing service or increase service to
meet routine demand.'' This rulemaking is not anticipated to result in
any environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
I. E.O. 13175 (Consultation and Coordination With Indian Tribes)
E.O. 13175 (65 FR 67249, Nov. 9, 2000) requires Federal agencies to
consult and coordinate with Tribes on a government-to-government basis
on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes. NHTSA has assessed
the impact of this proposed rule on Indian tribes and determined that
this action would not
[[Page 45169]]
have tribal implications that require consultation under E.O. 13175.
J. Rule Summary
This notice proposes to reduce reporting requirements associated
with the statute that directs that State highway safety programs result
from meaningful public participation and engagement. As required by 5
U.S.C. 553(b)(4), a summary of this rule can be found at
www.regulations.gov, Docket No. NHTSA-2025-0061, in the SUMMARY section
of this proposed rule.
K. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda twice a year. You may use the RIN
contained in the heading at the beginning of this document to find this
action in the Unified Agenda.
L. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, to www.regulations.gov, as described in the system of
records notice, DOT/ALL-14 FDMS, accessible through www.dot.gov/privacy. In order to facilitate comment tracking and response, NHTSA
encourages commenters to provide their name, or the name of their
organization; however, submission of names is optional. 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.). For information on DOT's compliance with
the Privacy Act, please visit https://www.transportation.gov/privacy.
List of Subjects in 23 CFR Part 1300
Grant programs--transportation, Highway safety, Intergovernmental
relations, Reporting and recordkeeping requirements, Administrative
practice and procedure, Alcohol abuse, Drug abuse, Motor vehicles--
motorcycles.
For the reasons stated in the preamble, under the authority of 23
U.S.C. 401 et seq., the National Highway Traffic Safety Administration
proposes to amend title 23 CFR part 1300 as follows:
PART 1300--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT
PROGRAMS
0
1. The authority citation for part 1300 continues to read as follows:
Authority: 23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L.
109-59, 119 Stat. 1468, as amended by Sec. 25024, Pub. L. 117-58,
135 Stat. 879; delegation of authority at 49 CFR 1.95.
Subpart A--General
0
2. Amend Sec. 1300.3 by revising the definition of Triennial Highway
Safety Plan to read as follows:
* * * * *
Triennial Highway Safety Plan (triennial HSP) means the document
that the State submits once every three fiscal years documenting its
highway safety program, including the State's highway safety planning
process and problem identification, performance plan, countermeasure
strategy for programming funds, and performance report.
* * * * *
Subpart B--Triennial Highway Safety Plan and Annual Grant
Application
0
3. Amend Sec. 1300.11 by
0
a. revising paragraph (b)(1)(i) to read as follows:
* * * * *
(b) * * *
(1) * * *
(i) Description of the processes, data sources, and information
used by the State in its highway safety planning (i.e., problem
identification, performance measures, and countermeasure strategies);
and
* * * * *
0
b. by removing and reserving paragraph (b)(2).
0
4. Amend Sec. 1300.13 by revising paragraph (b)(3)(i) to read as
follows:
* * * * *
(b) * * *
(3) * * *
(i) The specific political subdivision is involved in the planning
process of the State's highway safety program (for example, as part of
the State's public participation and engagement, as part of the State's
planning for the annual grant application, or as part of ongoing
planning processes), and the State then enters into agreements based on
identification of need by the political subdivision and implements the
project or activity accordingly. The State must maintain documentation
that shows the political subdivision's participation in the planning
processes (e.g., meeting minutes, data submissions, etc.), and also
must obtain written acceptance by the political subdivision of the
project or activity being provided on its behalf prior to
implementation.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.81 and 1.95 and 49 CFR 501.4 and 501.5.
Peter Simshauser,
Chief Counsel, NHTSA.
[FR Doc. 2025-18182 Filed 9-18-25; 8:45 am]
BILLING CODE 4910-59-P