81 FR 67158 - Regulatory Update of Transfer and Sanction Programs
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration Federal Register Volume 81, Issue 190 (September 30, 2016)
National Highway Traffic Safety Administration
Federal Highway Administration
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67158-67170 | |
| FR Document | 2016-23788 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Rules and Regulations] [Pages 67158-67170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23788] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Federal Highway Administration 23 CFR Parts 1270 and 1275 [Docket No. NHTSA-2016-0099] RIN 2127-AL45 Regulatory Update of Transfer and Sanction Programs AGENCY: National Highway Traffic Safety Administration (NHTSA) and Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This action revises the Federal implementing regulations for the Section 154 (Open Container) and Section 164 (Repeat Intoxicated Driver) programs as a result of enactment of the Fixing America's Surface Transportation (FAST) Act. It incorporates the new compliance criteria for the Section 164 program and updates the regulations to reflect current practice. This document is being issued as an interim final rule to ensure that States receive instructions that are important to upcoming compliance determinations to be made on October 1, 2016. The agencies request comments on this rule. The agencies will publish a document responding to any comments received and, if appropriate, will amend provisions of the regulations. DATES: This interim final rule is effective on October 1, 2016. Comments concerning this interim final rule are due on November 30, 2016. ADDRESSES: You may submit comments using the number identified in the heading of this document 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, M-30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. Fax: (202) 493-2251. Regardless of how you submit your comments, please mention the docket number of this document. [[Page 67159]] You may also call the Docket at 202-366-9324. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Privacy Act: Please see the Privacy Act heading under Regulatory Analyses and Notices. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Docket Management Facility, M-30, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC. The Docket Management Facility is open between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: NHTSA: For program issues: Barbara Sauers, Director, Office of Grants Management and Operations, Telephone number: (202) 366-0144, Email: Barbara.Sauers@dot.gov. For legal issues: Russell Krupen, Attorney Advisor, Office of Chief Counsel, Telephone number: (202) 366- 1834, Email: Russell.Krupen@dot.gov; Facsimile: (202) 366-3820. FHWA: For program issues: Erin Kenley, Team Leader, Safety Programs Implementation and Evaluation Team, Office of Safety, Telephone number: (202) 366-8556, Email: Erin.Kenley@dot.gov. For legal issues: William Winne, Attorney Advisor, Office of Chief Counsel, Telephone number: (202) 366-1397, Email: William.Winne@dot.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Section 154: Open Container Laws III. Section 164: Repeat Intoxicated Driver Laws IV. Non-Compliance Penalties and Procedures V. Notice and Comment, Effective Date, and Request for Comments VI. Regulatory Analyses and Notices VII. Public Participation I. Introduction On December 4, 2015, the President signed into law the Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, the first authorization enacted in over ten years that provides long-term funding certainty for surface transportation. The FAST Act amended 23 U.S.C. 154 (Section 154) and 23 U.S.C. 164 (Section 164), which address the serious national problems of impaired driving by encouraging States to meet minimum standards for their open container laws and repeat intoxicated driver laws. The FAST Act built on prior amendments to those sections in the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, signed into law on July 6, 2012. The National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA) (collectively, ``the agencies'') are issuing this interim final rule (IFR), with immediate effectiveness, to ensure that States receive instructions that are important to upcoming compliance determinations to be made on October 1, 2016, as the changes in the FAST Act are effective on that date. This IFR amends the Federal implementing regulations for Section 154 (23 CFR part 1270) and Section 164 (23 CFR part 1275) to reflect the changed requirements from the recent Federal legislation. At the same time, the agencies are taking this opportunity to update the regulations to improve clarity, codify longstanding interpretation of the statutes and current regulations, and streamline procedures for States. This preamble will first address the history of and modifications to the minimum compliance requirements of Section 154 and Section 164, respectively. It will then address the elements common to both programs, including the penalties for noncompliance, the limitations on use of funds associated with noncompliance, and the responsibilities of compliant and non-compliant States. II. Section 154: Open Container Laws A. Background The Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, was signed into law on June 9, 1998. On July 22, 1998, the TEA-21 Restoration Act, Public Law 105-206 (a technical corrections bill), was enacted to restore provisions that were agreed to by the conferees to TEA-21, but were not included in the conference report. Section 1405 of the TEA-21 Restoration Act amended chapter 1 of title 23, United States Code (U.S.C.), by adding Section 154, which established a transfer program under which a percentage of a State's Federal-aid highway construction funds would be transferred to the State's apportionment under 23 U.S.C. 402 (Section 402) if the State failed to enact and enforce a conforming ``open container'' law. These funds could be used for alcohol-impaired driving countermeasures or the enforcement of driving while intoxicated laws, or States could elect to use all or a portion of the funds for hazard elimination activities under 23 U.S.C. 152. Under Section 154, to avoid the transfer of funds, a State must enact and enforce an open container law ``that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.'' 23 U.S.C. 154(b)(1). All 50 States, the District of Columbia, and Puerto Rico are considered to be States for the purposes of this program. On October 6, 1998, the agencies published an interim final rule implementing the Section 154 program, 63 FR 53580 (Oct. 6, 1998), followed by a final rule published on August 24, 2000. 65 FR 51532 (Aug. 24, 2000). Since that time, the minimum requirements that a State's open container law must meet to comply with Section 154 have not changed. However, subsequent legislation amended the penalty provisions that apply to non-compliant States. Under current law, noncompliance results in the reservation of funds rather than an immediate transfer to Section 402; funds are reserved from different Federal-aid highway programs and in a different amount (based on a percentage defined in law); the transfer to Section 402 is dependent upon a State's election to use funds for alcohol impaired driving countermeasures; and funds may be used for highway safety improvement program activities eligible under 23 U.S.C. 148 rather than hazard elimination activities. The Federal implementing regulations were never updated to reflect these statutory changes governing procedures. This IFR updates the Federal implementing regulations to reflect these procedural changes. In addition, it makes changes to improve clarity, codify longstanding interpretations of the Federal statute and regulations, streamline procedures for States, and eliminate regulatory provisions that were not effectuated in practice for reasons discussed below. These changes are intended to ensure a uniform understanding among the States of the minimum requirements their open [[Page 67160]] container laws must meet. Revisions to the procedures for demonstrating compliance, the penalties for noncompliance, and the responsibilities of compliant and non-compliant States are discussed later in the preamble as those aspects are common to the Section 154 program and the Section 164 program. B. Compliance Criteria for State Open Container Laws NHTSA is delegated the authority by the Secretary of Transportation to determine State compliance under Section 154 (49 CFR 1.95(f)). While Congress has not changed the minimum requirements that a State's open container law must meet to comply with Section 154 since the inception of the program, NHTSA's experience implementing the compliance criteria since the regulations were finalized in 2000 suggests the need to provide additional clarity to the States on particular aspects of the requirements. States are responsible for ensuring and maintaining their own compliance with these requirements. The agencies believe that the discussion in this preamble and the revisions to the regulations will allow States to better understand the program and attain and maintain compliance. These revisions are not intended to substantively amend the compliance requirements of the Section 154 program. 1. Definitions (23 CFR 1270.3) The agencies are adding definitions for the terms ``FHWA,'' ``NHTSA,'' and ``open container law'' and eliminating the definition for ``enact and enforce.'' The added definitions are for terms used in the regulation, while the elimination of the definition of ``enact and enforce'' is simply because the term is plain and does not need a definition. The regulations continue to require a State to ``enact and enforce'' a compliant law. The agencies are amending the definition of ``open alcoholic beverage container'' to add the parenthetical phrase ``(regardless of whether it has been closed or resealed.)'' 23 CFR 1270.3(e).\1\ This is intended to make clear that ``cork and carry'' or ``resealed wine container'' laws exempting a recorked or resealed alcoholic beverage container from the State's open container laws are not allowed under the Federal law. Recorking or resealing does not negate the fact that the contents in the bottle have been partially removed, a direct concern under the Federal statute. Due to the preponderance of these laws in States, the agencies determined that this clarification is necessary. Recorked or resealed alcoholic beverages containers must be stored outside of the passenger area, such as in the trunk of a motor vehicle. --------------------------------------------------------------------------- \1\ Throughout this preamble, citations to the Section 154 and Section 164 implementing regulations refer to the version as amended by the IFR. --------------------------------------------------------------------------- 2. Compliance Criteria (23 CFR 1270.4(a)-(c)) Congress has made no changes to the substantive compliance criteria of Section 154 since the inception of the program. Therefore, the agencies are not making any substantive changes to these sections of the regulations. The six compliance criteria are discussed extensively in the interim final rule (63 FR 53580 [Oct. 6, 1998]) and final rule (65 FR 51532 [Aug. 24, 2000]) that first implemented the program. Those discussions provide background and explanations regarding the Federal minimum requirements. 3. Exceptions (23 CFR 1270.4(d)) The Federal implementing regulations require a State's open container law to apply to ``the passenger area of any motor vehicle,'' with passenger area meaning ``the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment.'' 23 CFR 1270.3(g), 1270.4(b)(2). However, certain exceptions to this rule are permitted provided they comply with the requirements in 23 CFR 1270.4(d)(1). The Federal regulations have long permitted possession of an open alcoholic beverage container in a locked glove compartment. NHTSA has accepted as compliant a State provision permitting storage of an open container in a locked center console because a locked center console is functionally equivalent to a locked glove compartment. This IFR logically extends that exception to allow possession of an open alcoholic beverage container in any locked container (including a locked fixed console or a locked glove compartment). The agencies emphasize that this exception does not permit the possession in the passenger area of an open alcoholic beverage container in tamper- evident packaging. (See the earlier discussion about ``cork and carry'' and ``resealed wine container'' provisions.) While tamper-evident packaging may assist law enforcement officers in identifying whether consumption of the alcoholic beverage has occurred, it does not restrict access to the alcoholic beverage, which is the purpose of open container laws. This IFR also moves the location of the phrase ``in a motor vehicle that is not equipped with a trunk'' to remove any ambiguity that this is a prerequisite for allowing placement of an open alcoholic beverage container behind the last upright seat or in an area not normally occupied by the driver or a passenger. No substantive change is intended--the agencies have always interpreted and applied this provision in this manner. The Federal implementing regulations require a State's open container law to apply to all occupants of a motor vehicle. However, the Federal statute and implementing regulations permit exceptions allowing a passenger, but never a driver, to possess an open alcoholic beverage container or consume an alcoholic beverage in the passenger area of ``a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a house coach or house trailer.'' 23 CFR 1270.4(d)(2). The agencies are making technical corrections to this provision that do not change its application. III. Section 164: Repeat Intoxicated Driver Laws A. Background Section 1406 of the TEA-21 Restoration Act amended chapter 1 of title 23, U.S.C., by adding Section 164, which established a transfer program under which a percentage of a State's Federal-aid highway construction funds would be transferred to the State's apportionment under Section 402 if the State failed to enact and enforce a conforming ``repeat intoxicated driver'' law. As with Section 154, transfer funds could be used for alcohol-impaired driving countermeasures or the enforcement of driving while intoxicated laws, or States could elect to use all or a portion of the funds for hazard elimination activities under 23 U.S.C. 152. Under Section 164, to avoid the transfer of funds, a State must enact and enforce a repeat intoxicated driver law that establishes, at minimum, certain specified penalties for second and subsequent convictions of driving while intoxicated or driving under the influence. As originally enacted, Section 164 required that States impose the following minimum penalties: A one-year driver's license suspension; the impoundment or immobilization of, or the installation of an ignition interlock system on, the repeat intoxicated [[Page 67161]] driver's motor vehicles; an assessment of the repeat intoxicated driver's degree of alcohol abuse, and treatment as appropriate; and the sentencing of the repeat intoxicated driver to a minimum number of days of imprisonment or community service. All 50 States, the District of Columbia, and Puerto Rico are considered to be States for the purposes of this program. On October 19, 1998, the agencies published an interim final rule that implemented the Section 164 program, 63 FR 55796 (Oct. 19, 1998), followed by a final rule published on October 4, 2000. 65 FR 59112 (Oct. 4, 2000). The SAFETEA-LU Technical Corrections Act of 2008, Public Law 110-244 (enacted June 6, 2008), amended some of the minimum penalties States must impose on repeat offenders, and both MAP-21 and the FAST Act further amended these minimum penalties. These Acts also updated, in the same ways as Section 154, the penalty provisions that apply to States that are not compliant with the program. Despite these significant statutory changes over the past eight years, the Federal implementing regulations have not been updated since 2000. This IFR updates the minimum compliance criteria based on these legislative changes, as well as to improve clarity, codify longstanding interpretations, streamline procedures for States, and eliminate regulatory provisions that were not effectuated in practice for reasons discussed below. As with Section 154, these changes are intended to ensure a uniform understanding among the States of the minimum requirements their repeat intoxicated driver laws must meet. Revisions to the procedures for demonstrating compliance, the penalties for noncompliance, and the responsibilities of compliant and non-compliant States are discussed later in the preamble as those apply also to the Section 154 program. B. Minimum Repeat Intoxicated Driver Law Requirements Unlike the Section 154 program, Congress has made substantive amendments to the requirements that a State's repeat intoxicated driver law must meet to comply with Section 164. Many of the revisions described in this section codify those substantive statutory changes, as the regulations have not been updated since 2000. In other cases, the agencies are simply improving the clarity of the regulations to reflect longstanding application of the Federal statute since 2000. 1. Definitions (23 CFR 1275.3) The agencies are adding definitions for ``FHWA'' and ``NHTSA'' and eliminating the definition for ``enact and enforce,'' consistent with the approach for 23 CFR 1270.3. The agencies are eliminating the definitions for ``driver's motor vehicle'' and ``impoundment or immobilization,'' as the compliance criterion to which these applied was repealed by the FAST Act. The agencies are eliminating the definition for ``license suspension,'' as the compliance criterion to which it applied has been reworded, rendering the definition superfluous. The agencies are adding a definition for ``24-7 sobriety program'' due to FAST Act revisions to the general compliance criteria. Because the definition of the term in the FAST Act cross-references 23 U.S.C. 405(d)(7)(A), the agencies have similarly tied the definition here to the meaning given to it in NHTSA's Section 405 implementing regulations (see 23 CFR 1300.23(b)). 23 CFR 1270.3(a). This necessitates adding a reference to a ``combination of laws or programs'' to the definition of ``repeat intoxicated driver law'' to accommodate these 24-7 sobriety programs. Finally, the agencies are adding a definition for ``mandatory sentence.'' As used in combination with ``imprisonment,'' the definition is intended to ensure that repeat offenders are in fact detained for the minimum periods specified. Although the IFR makes no change to the definition of ``repeat intoxicated driver,'' the agencies emphasize that a State may not expunge an offender's prior conviction in order to exclude it from the five-year lookback period. Any mechanism (including expungement) that causes a State to exclude from consideration prior convictions of driving while intoxicated or driving under the influence, when such convictions occurred within the prior five years, generally does not comply with Section 164. 2. Compliance Criteria (23 CFR 1275.4(a)) The substantive compliance criteria of Section 164 have been significantly amended since their inception. This IFR updates the compliance criteria to reflect the current law, as most recently amended by the FAST Act. In addition, the agencies are providing clarifications as appropriate. a. License Sanction (23 CFR 1275.4(a)(1)) Section 164, as created by the TEA-21 Restoration Act, required all repeat offenders to receive a minimum one-year hard license suspension or revocation. Under the Federal implementing regulations, during the one-year term, the offender could not be eligible for any driving privileges, such as a restricted or hardship license. Because the Federal implementing regulations have not been updated since 2000, this language remained in the Code of Federal Regulations. The SAFETEA-LU Technical Corrections Act of 2008 and MAP-21 made further changes that were effectuated by the agencies, but that were never written into the regulations. The FAST Act completely rewrote the license sanction criterion in 23 U.S.C. 164(a)(5)(A) to loosen the requirements and provide for additional compliance options for States. This IFR codifies the revised criterion. Under today's IFR, all repeat offenders must receive one or a combination of three license sanctions for a period of not less than one year (365 days). States may therefore ``mix-and-match'' these sanctions, provided that, in combination, they last for the full one year period. The first license sanction is a suspension of all driving privileges. During that period, the repeat offender is not permitted to operate any motor vehicle under any circumstances. The second license sanction is a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed. Section 164 and the implementing regulations permit certain limited exceptions to this license sanction, discussed later in this preamble. The third license sanction is that the repeat offender may only operate a motor vehicle provided the individual is participating in, and complying with, a 24-7 sobriety program. For a State's law or 24-7 sobriety program to comply with this requirement, it must make clear that any participant who is kicked out of the program must be subject to either a hard license suspension or an ignition interlock restriction, as provided under the other two license sanctions, for the remainder of the one year sanction period. b. Vehicle Sanction (Repealed) The TEA-21 Restoration Act required all repeat offenders to ``be subject to the impoundment or immobilization of each of the individual's motor vehicles or the installation of an ignition interlock system on each of the motor vehicles.'' The Federal implementing regulations further required impoundment or immobilization to occur during the one-year license suspension, while installation of an ignition interlock [[Page 67162]] device was required to occur at the conclusion of the one-year license suspension. The FAST Act repealed this vehicle sanction. With the vast majority of States moving to ignition interlocks as a license sanction, the vehicle sanction requirement was largely redundant. This IFR removes these requirements from 23 CFR 1275.4. c. Assessment and Treatment (23 CFR 1275.4(a)(2)) Under Section 164, the State law must require that all repeat intoxicated drivers undergo an assessment of their degree of alcohol abuse, and it must authorize the imposition of treatment as appropriate. An assessment is required of all repeat offenders because it allows for a determination not only of whether an offender should undergo treatment, but also of what type and level of treatment is appropriate for that offender. While treatment is not required for all repeat offenders, the State must authorize the imposition of treatment as appropriate. Congress has not changed this criterion since its inception, and the agencies are making no changes in this IFR. d. Minimum Sentence (23 CFR 1275.4(a)(3)) Since the beginning of the program, Section 164 has required that each State have a law that imposes a mandatory minimum sentence on all repeat intoxicated drivers. For a second offense, the law must provide for a mandatory sentence of not less than 5 days of imprisonment or 30 days of community service. For a third or subsequent offense, the law must provide for a mandatory sentence of not less than 10 days of imprisonment or 60 days of community service. The terms ``mandatory sentence'' and ``imprisonment'' are defined in 23 CFR 1275.3. The FAST Act retains these minimum sentence provisions, but allows States the option to certify as to their ``general practice'' for incarceration in lieu of having a compliant mandatory minimum sentence. The new certification option is addressed in the next section regarding exceptions. In this IFR, the agencies are clarifying the number of hours for the various sentences identified above that are considered equivalent to each ``day.'' Many States provide for sentencing in terms of hours rather than days. The agencies recognize that imprisonment and community service function differently. While imprisonment is generally an extended period of detainment that lasts through waking and sleeping hours, community service is a form of labor that occurs while the detainee is awake. A ``day'' for purposes of each of these penalties is therefore not equivalent. NHTSA's longstanding interpretation has been that one ``day'' of imprisonment equals 24 hours, and one ``day'' of community service equals 8 hours (a work day). The agencies have added corresponding hour equivalents to the minimum sentence criterion. 3. Exceptions (23 CFR 1275.4(b), 1275.5) a. Special Exceptions (23 CFR 1275.4(b)) One of the three sanctions under the license sanction criterion described above is restriction of the repeat offender's driving privileges to the operation of only motor vehicles with an ignition interlock device installed. However, the FAST Act allows two exceptions to this restriction, which the agencies are adopting in this IFR verbatim. (Prior to enactment of the FAST Act, neither was allowed under the Section 164 program.) No other exceptions to a State's ignition interlock law are permitted. First, the FAST Act allows a repeat offender subject to an ignition interlock restriction to operate an employer's motor vehicle in the course and scope of employment without an ignition interlock device installed, provided the business entity that owns the vehicle is not owned or controlled by the individual. A State's exception must explicitly exclude business entities owned or controlled by the repeat offender or it will not comply with the license sanction criterion. An exclusion for ``self-employment,'' for example, does not cover all business entities potentially owned or controlled by a repeat offender, and would not allow a State's exception to comply with the license sanction criterion. Second, a State may except from its ignition interlock law a repeat offender that is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. b. ``General Practice'' Certifications (23 CFR 1275.5) The FAST Act amends the minimum sentence criterion to provide an alternative compliance option. In lieu of enacting and enforcing a law that complies with the minimum sentence criterion, a State may certify to its ``general practice'' of incarceration. According to the FAST Act, the State must certify for a second offender that its ``general practice is that such an individual will be incarcerated'' and for a third or subsequent offender that its ``general practice is that such an individual will receive 10 days of incarceration.'' 23 U.S.C. 164(a)(5)(C)(i)-(ii). This IFR establishes the process for a State to submit a ``general practice'' certification as an alternative means of satisfying the minimum sentence criterion. The IFR sets forth separate certifications for second offender incarceration and for third and subsequent offender incarceration. This will allow maximum flexibility to States, because it allows a State whose laws are partly in compliance to satisfy the minimum sentence criterion through a combination of statute and certification. To meet the statutory standard of ``general practice,'' the agencies have elected to require a State to certify that 75 percent of repeat offenders are subject to mandatory incarceration. The agencies believe this percentage is a reasonable interpretation of what would constitute ``general practice'' in a State. Consistent with the FAST Act requirements, the certification for a second offender does not contain a minimum incarceration period, while that for third and subsequent offenders specifies 10 days. The agencies elected not to base ``general practice'' on a State's average incarceration period for repeat offenders. That approach would allow a State to meet the standard for second offenders if a single offender is sentenced to any period of incarceration. For third and subsequent offenders, lengthy prison sentences could skew the average even if the vast majority of offenders received sentences well below 10 days. The agencies do not believe such an approach falls within the reasonable meaning of ``general practice.'' Each certification is required to be based on data from the full calendar year immediately preceding the date of certification. In other words, if the State is certifying for fiscal year 2018 (which begins on October 1, 2017), the State's ``general practice'' certification must be based on data from the entire period of January 1, 2016 through December 31, 2016. The certification must be signed by the Governor's Representative for Highway Safety and must be based on personal knowledge and other appropriate inquiry. Because the State's ``general practice'' may change over time, the agencies are requiring States electing this compliance option to provide a new certification annually. Although certifications are due by October 1 each year, States are encouraged to submit their certification by August 15 to avoid [[Page 67163]] any delay in the release of funds on October 1 of that calendar year. IV. Non-Compliance Penalties and Procedures This section describes the penalties affecting States that do not comply with one or both of the Section 154 and Section 164 programs. In general, these changes merely update the regulations to reflect amendments made by Federal statutes, such as MAP-21. The agencies are also streamlining some of the procedures that apply to States. A. Reservation of Funds for Non-Compliance (23 CFR 1270.6 and 1275.6) States that fail to enact or enforce compliant open container or repeat intoxicated driver laws by October 1 of each fiscal year will have an amount equal to 2.5 percent of Federal-aid funds apportioned under 23 U.S.C. 104(b)(1) and 23 U.S.C. 104(b)(2) for the National Highway Performance Program (NHPP) and the Surface Transportation Block Grant Program (STBG) reserved by FHWA. The penalties are separate and distinct; a 2.5 percent penalty applies separately for each program where non-compliance occurs. The IFR eliminates as obsolete the penalty provisions that applied to fiscal years 2001 and 2002. In addition, it updates the procedures to reflect the change to a reservation program (rather than immediate transfer to a State's Section 402 apportionment), the change in the penalty amount to 2.5 percent of Federal-aid funds (rather than 3 percent), and the change in the funds from which the penalty is reserved to those apportioned under 23 U.S.C. 104(b)(1) and (b)(2) (rather than 23 U.S.C. 104(b)(1), (b)(3), and (b)(4)), which all resulted from MAP-21. The initial reservation of Federal-aid funds by FHWA for noncompliant States will be on a proportional basis from each of the apportionments under Sections 104(b)(1) and (b)(2). Each fiscal year, the State's Department of Transportation must inform FHWA, through the appropriate Division Administrator, within 30 days if it wishes to change the derivation of the total penalty amounts from the NHPP and STBG apportionments from the default proportional amounts. Prior to this IFR, States were required to submit this request by October 30. The change in the IFR ensures that States always receive 30 days to process this request in the event issuance of the notice of apportionments is delayed. B. Use of Reserved Funds (23 CFR 1270.7 and 1275.7) The agencies have reorganized 23 CFR 1270.7 and 1275.7 to improve clarity and better align them with the order of procedures for States. Not later than 60 days after the penalty funds are reserved, the Governor's Representative for Highway Safety and the Chief Executive Officer of the State's Department of Transportation must jointly identify, in writing, to the appropriate NHTSA Regional Administrator and FHWA Division Administrator how the penalty funds will be distributed for use among alcohol-impaired driving programs and highway safety improvement program (HSIP) eligible activities under 23 U.S.C. 148. The primary change in the IFR is to reflect the change in available uses from hazard elimination to HSIP eligible activities, which resulted from Federal legislation. The penalty funds will continue to be reserved until the State provides this distribution request. As soon as practicable after its receipt by the agencies, the funds will either be transferred to the State's Section 402 apportionment for alcohol-impaired driving programs or released to the State Department of Transportation for HSIP eligible activities, pursuant to the changes in MAP-21. The Federal statutes do not authorize additional transfers between the Section 402 and HSIP programs. As a result, the IFR adds that once penalty funds have been transferred or released for the fiscal year, States are not able to revise their request. The allowable uses for funds (specifically, for alcohol-impaired driving programs and HSIP eligible activities) are described in the implementing regulations and updated only to reflect the switch from hazard elimination to HSIP, pursuant to Federal legislation. Under both programs, the Federal share of the cost of any project carried out with penalty funds remains 100 percent. Section 154 and 164 penalty funds are transferred or released from the State's apportionment of contract authority under 23 U.S.C. 104(b)(1) and 23 U.S.C. 104(b)(2). The contract authority is transferred or released with accompanying obligation authority, which is the maximum amount the State can obligate to eligible projects. If the State elects to transfer funds to its Section 402 apportionment for alcohol-impaired driving programs, the obligation limitation is provided based on a ratio specified in 23 CFR 1270.7 and 1275.7, which comes directly from 23 U.S.C. 154(c)(6) and 23 U.S.C. 164(b)(6). The IFR makes technical corrections and amendments to improve clarity in these provisions of the Federal implementing regulations, but they do not result in any change in how the ratio is calculated. C. Procedures Affecting States in Noncompliance (23 CFR 1270.8 and 1275.8) Under the original Federal implementing regulations, the agencies intended for States to be notified of their compliance status in FHWA's advance notice of apportionment, normally issued ninety days prior to final apportionment. Noncompliant States were then granted 30 days to submit documentation showing why they were in compliance. The agencies would then issue a final determination as part of the final notification of apportionments, which normally occurs on October 1 of each year. While the agencies have strived to notify States of pending changes in their compliance status in the advance notice of apportionment whenever possible, the Federal statute requires formal compliance determinations to be based on the State's law enacted and enforced on October 1 of each fiscal year. As a result, State compliance status may change up to that date, making this system unworkable in many cases. The IFR revises 23 CFR 1270.8 and 1275.8 to better reflect the actual practice the agencies have undertaken to give States full opportunity to present additional documentation (with some minor changes to streamline the process for States). Each State determined to be noncompliant with 23 U.S.C. 154 or 23 U.S.C. 164 receives notice of its compliance status and the funds being reserved from apportionment as part of the final certification of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. All States will be afforded 30 days from the date the final notice of apportionments is issued to submit additional documentation showing why they are in compliance. For the Section 164 program, this documentation may include a ``general practice'' certification. Previously, only newly noncompliant States were afforded 30 days to submit additional documentation demonstrating compliance. While the agencies consider any additional documentation provided by the State, the reservation will remain in place on the State's affected funds. However, the State must still provide the requests regarding the derivation and distribution of funds referenced in Sections A and B (within 30 and 60 days, respectively) while the documentation is reviewed to expedite the distribution of funds. If the agencies [[Page 67164]] affirm the noncompliance determination, the State will be notified of the decision and the affected funds will be processed in accordance with the requests provided by the State. If the agencies reverse the noncompliance determination, the funds will be released from reservation and restored to the State's NHPP and STBG accounts. These procedures are intended to preserve the maximum possible flexibility for States, while ensuring that the agencies meet their statutory obligations. D. States' Responsibilities Regarding Compliance (23 CFR 1270.9 and 1275.9) Under the original Federal implementing regulations, if a State enacted a newly compliant law, the State was required to submit to the NHTSA Regional Office a copy of the law along with a certification meeting the requirements of the applicable Federal regulation (23 CFR 1270.5 or 1275.5, prior to amendment by this IFR). States were required to promptly submit an amendment or supplement to their certifications if their law changed or they ceased to enforce their law. The agencies are eliminating this certification requirement in this IFR, thereby reducing the paperwork burden on the States. In practice, few States submitted certifications, and the agencies found them to be of limited value in enforcement. Instead, this IFR adds a new section for each of the programs (23 CFR 1270.9 and 1275.9) related to States' responsibilities regarding compliance. First, these sections make clear that it is the State's sole responsibility to ensure compliance with the Section 154 and 164 programs. While NHTSA conducts an annual review of State laws to assess whether legislation has affected their compliance status, this does not occur until late in the fiscal year, often after State legislative sessions have ended. NHTSA cannot and does not actively monitor all pending legislation in all States. Instead, each State Highway Safety Office and State Department of Transportation should actively monitor their legislatures for potential amendments to their open container and repeat intoxicated driver laws. Second, the agencies have added a provision indicating that States must promptly notify the appropriate NHTSA Regional Administrator in writing of any change or change in enforcement to the State's open container or repeat intoxicated driver law, identifying the specific change(s). This replaces the requirement to submit a supplement or amendment to the State's certification. To the extent appropriate, NHTSA will conduct a preliminary review of the State's amended law and identify to the State any potential compliance issues resulting from the change. Absent early notification from the State, NHTSA may not identify a potential compliance issue until later in the fiscal year, often after the State's legislative session has ended. V. Notice and Comment, Effective Date, and Request for Comments The Administrative Procedure Act authorizes agencies to dispense with certain procedures for rules when they find ``good cause'' to do so. The agencies must ensure that States receive instructions that are important to upcoming compliance determinations to be made on October 1, 2016, as the changes in the FAST Act are effective on that date. In light of the short time frame for implementing the FAST Act, the agencies find good cause to dispense with the notice and comment requirements and the 30-day delayed effective date requirement. Under Section 553(b)(B), the requirements of notice and comment do not apply when the agency, for good cause, finds that those procedures are ``impracticable, unnecessary, or contrary to public interest.'' Because of the short time frame for implementing the FAST Act, the agencies find it impracticable to implement the new compliance criteria with notice and comment for FY 2017. However, the agencies invite public comment on all aspects of this IFR. The agencies will consider and address comments in a final rule, which the agencies commit to publishing during the first quarter of calendar year 2017, and which will be effective beginning with FY 2018. Under Section 553(d), the agencies may make a rule effective immediately, avoiding the 30-day delayed effective date requirement for good cause. We have determined that it is in the public interest for this IFR to have an immediate effective date. The agencies are expediting this rulemaking to provide instructions that are important to upcoming compliance determinations to be made on October 1, 2016, such as those related to the new ``general practice'' certifications. States also need clarification for the processes related to noncompliance. For these reasons, the agencies are issuing this rulemaking as an interim final rule that will be effective immediately. As an interim final rule, this regulation is fully in effect and binding upon its effective date. No further regulatory action by the agencies is necessary to make this rule effective. However, in order to benefit from comments that interested parties and the public may have, the agencies are requesting that comments be submitted to the docket for this notice. Comments received in response to this notice will be considered by the agencies. The agencies will then issue a final rule, including any appropriate amendments based on those comments. The notice for that final rule will respond to substantive comments received. VI. Regulatory Analyses and Notices A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 13563, and DOT Regulatory Policies and Procedures The agencies have considered the impact of this rulemaking action under Executive Order 12866, Executive Order 13563, and the Department of Transportation's regulatory policies and procedures. This rulemaking document was not reviewed under Executive Order 12866 or Executive Order 13563. This rule will only affect the compliance status of a very small handful of States and will therefore affect far less than $100 million annually. Whether a State chooses to enact a compliant law or make a certification is dependent on many variables, and cannot be linked with specificity to the issuance of this rule. States choose whether to enact and enforce compliant laws, thereby complying with the programs. If a State chooses not to enact and enforce a conforming law, its funds are conditioned, but not withheld. Accordingly, the total amount of funds provided to each State does not change. The costs to States associated with this rule are minimal (e.g., passing and enforcing alcohol impaired driving laws) and are expected to be offset by resulting highway safety benefits. Therefore, this rulemaking has been determined to be not ``significant'' under the Department of Transportation's regulatory policies and procedures and the policies of the Office of Management and Budget. B. 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 an agency 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. [[Page 67165]] The Small Business Regulatory Enforcement Fairness Act (SBREFA) 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 IFR is a rulemaking that will update the Section 154 and Section 164 regulations based on recent Federal legislation. The requirements of these programs only affect State governments, which are not considered to be small entities as that term is defined by the RFA. Therefore, we certify that this action will not have a significant impact on a substantial number of small entities and find that the preparation of a Regulatory Flexibility Analysis is unnecessary. C. Executive Order 13132 (Federalism) Executive Order 13132 on ``Federalism'' requires the agencies 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 Executive Order 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 Executive Order 13132, an agency may not issue a regulation with Federalism implications that imposes substantial direct compliance costs and that is 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 State and local governments 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. The agencies have analyzed this rulemaking action in accordance with the principles and criteria set forth in Executive Order 13132, and have determined that this IFR would not have sufficient Federalism implications as defined in the order to warrant formal consultation with State and local officials or the preparation of a federalism summary impact statement. However, the agencies continue to engage with State representatives regarding general implementation of the FAST Act, including these programs, and expects to continue these informal dialogues. D. Executive Order 12988 (Civil Justice Reform) Pursuant to Executive Order 12988 (61 FR 4729 (February 7, 1996)), ``Civil Justice Reform,'' the agencies have considered whether this rule would have any retroactive effect. We conclude that it would not have any retroactive or preemptive effect, and judicial review of it may be obtained pursuant to 5 U.S.C. 702. That section 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. E. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct, sponsor, or require through regulations. This rulemaking would not establish any new information collection requirements. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act 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 base year of 1995). This IFR would not meet the definition of a Federal mandate because the resulting annual State expenditures to comply with the programs would not exceed the minimum threshold. G. National Environmental Policy Act NHTSA has considered the impacts of this rulemaking action for the purposes of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347). The agency has determined that this IFR would not have a significant impact on the quality of the human environment. FHWA has analyzed this action for the purposes of NEPA and has determined that it would not have any effect on the quality of the environment and meets the criteria for the categorical exclusion at 23 CFR 771.117(c)(20). H. Executive Order 13211 Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any rulemaking that: (1) Is determined to be economically significant as defined under Executive Order 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. This rulemaking is not likely to have a significantly adverse effect on the supply of, distribution of, or use of energy. This rulemaking has not been designated as a significant energy action. Accordingly, this rulemaking is not subject to Executive Order 13211. I. Executive Order 13175 (Consultation and Coordination With Indian Tribes) The agencies have analyzed this IFR under Executive Order 13175, and have determined that today's action would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal law. Therefore, a tribal summary impact statement is not required. J. Plain Language Executive Order 12866 and the President's memorandum of June 1, 1998, require each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: Have we organized the material to suit the public's needs? Are the requirements in the rule clearly stated? Does the rule contain technical language or jargon that isn't clear? Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? Would more (but shorter) sections be better? Could we improve clarity by adding tables, lists, or diagrams? What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this IFR. K. Regulatory 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 [[Page 67166]] Agenda in or about April and October of each 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 Please note that 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 (65 FR 19477) or you may visit http://dms.dot.gov. VII. Public Participation How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21). We 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. There is no limit on the length of the attachments. Comments may also be submitted to the docket electronically by logging onto the Docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting comments. Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agencies, 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 http://www.whitehouse.gov/omb/fedreg/reproducible.html. How can I be sure that my comments were received? If you wish Docket Management to notify you upon its receipt of your comments, 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. In addition, you should submit a copy, from which you have deleted the claimed confidential business information, to the docket at the address given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR part 512.) Will the agencies consider late comments? We will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments that the docket receives after that date. If the docket receives a comment too late for us to consider in developing a final rule (assuming that one is issued), 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 comments received by the docket at the address given above under ADDRESSES. The hours of the docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the dockets. Please note that even after the comment closing date, we will continue to file relevant information in the docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. You can arrange with the docket to be notified when others file comments in the docket. See http://www.regulations.gov for more information. Authority: 23 U.S.C. 154 and 164; delegation of authority at 49 CFR 1.85 and 1.95. List of Subjects in 23 CFR Parts 1270 and 1275 Reservation and transfer programs--Transportation, Highway safety, Intergovernmental relations, Alcohol abuse. For the reasons discussed in the preamble, under the authority of 23 U.S.C. 154 and 164, the National Highway Traffic Safety Administration and the Federal Highway Administration amend 23 CFR Chapter II as follows: 0 1. Revise part 1270 to read as follows: PART 1270--OPEN CONTAINER LAWS Sec. 1270.1 Scope. 1270.2 Purpose. 1270.3 Definitions. 1270.4 Compliance criteria. 1270.5 [Reserved]. 1270.6 Reservation of funds. 1270.7 Use of reserved funds. 1270.8 Procedures affecting States in noncompliance. 1270.9 States' responsibilities regarding compliance. Authority: 23 U.S.C. 154; delegation of authority at 49 CFR 1.85 and 1.95. Sec. 1270.1 Scope. This part prescribes the requirements necessary to implement Section 154 of Title 23 of the United States Code which encourages States to enact and enforce open container laws. Sec. 1270.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the reservation and transfer of Federal-aid highway funds for noncompliance with 23 U.S.C. 154. Sec. 1270.3 Definitions. As used in this part: (a) Alcoholic beverage means: (1) Beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (2) Wine of not less than one-half of 1 per centum of alcohol by volume; or (3) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced). (b) FHWA means the Federal Highway Administration. (c) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail or rails. (d) NHTSA means the National Highway Traffic Safety Administration. [[Page 67167]] (e) Open alcoholic beverage container means any bottle, can, or other receptacle that: (1) Contains any amount of alcoholic beverage; and (2) Is open or has a broken seal or the contents of which are partially removed (regardless of whether it has been closed or resealed). (f) Open container law means a State law or combination of laws that meets the minimum requirements specified in Sec. 1270.4. (g) Passenger area means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. (h) Public highway or right-of-way of a public highway means the width between and immediately adjacent to the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel; inclusion of the roadway and shoulders is sufficient. (i) State means any of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico. Sec. 1270.4 Compliance criteria. (a) To avoid the reservation of funds specified in Sec. 1270.6, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (b) The law must apply to: (1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage; (2) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located on a public highway or the right-of- way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions. (1) If a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle, but permits the possession of an open alcoholic beverage container in a locked container (such as a locked glove compartment), or, in a motor vehicle that is not equipped with a trunk, either behind the last upright seat or in an area not normally occupied by the driver or a passenger, the State will be deemed to have in effect a law that applies to the passenger area of any vehicle, as provided in paragraph (b)(2) of this section. (2) If a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage by the driver (but not by a passenger) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a house coach or house trailer, the State shall be deemed to have in effect a law that applies to all occupants of a motor vehicle with respect to such motor vehicles, as provided in paragraph (b)(4) of this section. Sec. 1270.5 [Reserved]. Sec. 1270.6 Reservation of funds. (a) On October 1 of each fiscal year, if a State has not enacted or is not enforcing a law that complies with Sec. 1270.4, FHWA will reserve an amount equal to 2.5 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1) and (b)(2). (b) The reservation of funds will be made based on proportionate amounts from each of the apportionments under 23 U.S.C. 104(b)(1) and (b)(2). The State's Department of Transportation will have 30 days from the date the funds are reserved under this section to notify FHWA, through the appropriate Division Administrator, if it would like to change the distribution of the amounts reserved between 23 U.S.C. 104(b)(1) and (b)(2). Sec. 1270.7 Use of reserved funds. (a) Not later than 60 days after the funds are reserved under Sec. 1270.6, the Governor's Representative for Highway Safety and the Chief Executive Officer of the State's Department of Transportation for each State must jointly identify, in writing to the appropriate NHTSA Regional Administrator and FHWA Division Administrator, how the funds will be programmed between alcohol-impaired driving programs under paragraph (c) of this section and highway safety improvement program activities under paragraph (d) of this section. Funds will remain reserved until this notification is provided by the State. (b) As soon as practicable after NHTSA and FHWA receive the notification described in paragraph (a) of this section, the Secretary will: (1) Transfer the reserved funds identified by the State for alcohol-impaired driving programs under paragraph (c) of this section to the apportionment of the State under 23 U.S.C. 402; and (2) Release the reserved funds identified by the State for highway safety improvement program activities under paragraph (d) of this section to the State Department of Transportation. (c) Any funds transferred under paragraph (b)(1) of this section shall be-- (1) Used for approved projects for alcohol-impaired driving countermeasures; or (2) Directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). (d) Any funds released under paragraph (b)(2) of this section shall be used for highway safety improvement program activities eligible under 23 U.S.C. 148. (e) Once the funds have been transferred or released under paragraph (b) of this section, the State may not revise the notification described in paragraph (a) of this section identifying how the funds will be programmed between alcohol-impaired driving programs and highway safety improvement program activities. (f) The Federal share of the cost of any project carried out with the funds transferred or released under paragraph (b) of this section is 100 percent. (g)(1) If any funds are transferred under paragraph (b)(1) of this section to the apportionment of a State under Section 402 for a fiscal year, the amount of obligation authority determined under paragraph (g)(2) of this section shall be transferred for carrying out projects described in paragraph (c) of this section. (2) The obligation authority referred to in paragraph (g)(1) of this section shall be transferred from the obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, and the amount shall be determined by multiplying: (i) The amount of funds transferred under paragraph (b)(1) of this section to [[Page 67168]] the apportionment of the State under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to (B) The total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. (h) Notwithstanding any other provision of law, no limitation on the total obligations for highway safety programs under Section 402 shall apply to funds transferred under paragraph (b)(1) of this section. Sec. 1270.8 Procedures affecting States in noncompliance. (a) Each fiscal year, each State determined to be in noncompliance with 23 U.S.C. 154 and this part will be advised of the funds reserved from apportionment under Sec. 1270.6 in the notice of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1. (b) Each State whose funds are reserved under Sec. 1270.6 will be afforded 30 days from the date of issuance of the notice of apportionments described in paragraph (a) of this section to submit documentation showing why it is in compliance. Documentation must be submitted to the appropriate NHTSA Regional Administrator. If such documentation is provided, a reservation will remain in place on the State's affected funds while the agencies consider the information. If the agencies affirm the noncompliance determination, the State will be notified of the decision and the affected funds will be processed in accordance with the requests regarding the derivation and distribution of funds provided by the State as required by Sec. Sec. 1270.6(b) and 1270.7(a). Sec. 1270.9 States' responsibilities regarding compliance. (a) States are responsible for ensuring compliance with 23 U.S.C. 154 and this part. (b) A State that has been determined to be in compliance with the requirements of 23 U.S.C. 154 and this part must promptly notify the appropriate NHTSA Regional Administrator in writing of any change or change in enforcement of the State's open container law, identifying the specific change(s). 0 2. Revise part 1275 to read as follows: PART 1275--REPEAT INTOXICATED DRIVER LAWS Sec. 1275.1 Scope. 1275.2 Purpose. 1275.3 Definitions. 1275.4 Compliance criteria. 1275.5 ``General practice'' certification option. 1275.6 Reservation of funds. 1275.7 Use of reserved funds. 1275.8 Procedures affecting States in noncompliance. 1275.9 States' responsibilities regarding compliance. Authority: 23 U.S.C. 164; delegation of authority at 49 CFR 1.85 and 1.95. Sec. 1275.1 Scope. This part prescribes the requirements necessary to implement Section 164 of Title 23, United States Code, which encourages States to enact and enforce repeat intoxicated driver laws. Sec. 1275.2 Purpose. The purpose of this part is to specify the steps that States must take to avoid the reservation and transfer of Federal-aid highway funds for noncompliance with 23 U.S.C. 164. Sec. 1275.3 Definitions. As used in this part: (a) 24-7 sobriety program has the meaning given the term in Sec. 1300.23(b) of this title. (b) Alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (c) Driving while intoxicated means driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State, or an equivalent non-BAC intoxicated driving offense. (d) Driving under the influence has the same meaning as ``driving while intoxicated.'' (e) FHWA means the Federal Highway Administration. (f) Ignition interlock system means a State-certified system designed to prevent drivers from starting their car when their breath alcohol concentration is at or above a preset level. (g) Imprisonment means confinement in a jail, minimum security facility, community corrections facility, house arrest with electronic monitoring, inpatient rehabilitation or treatment center, or other facility, provided the individual under confinement is in fact being detained. (h) Mandatory sentence means a sentence that cannot be waived, suspended, or otherwise reduced by the State. (i) Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. (j) NHTSA means the National Highway Traffic Safety Administration. (k) Repeat intoxicated driver means a person who has been convicted of driving while intoxicated or driving under the influence of alcohol more than once in any five-year period. (l) Repeat intoxicated driver law means a State law or combination of laws or programs that impose the minimum penalties specified in Sec. 1275.4 for all repeat intoxicated drivers. (m) State means any of the 50 States, the District of Columbia or the Commonwealth of Puerto Rico. Sec. 1275.4 Compliance criteria. (a) To avoid the reservation of funds specified in Sec. 1275.6, a State must enact and enforce a repeat intoxicated driver law that establishes, as a minimum penalty, that all repeat intoxicated drivers: (1) Receive, for a period of not less than one year, one or more of the following penalties: (i) A suspension of all driving privileges; (ii) A restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception described in paragraph (b) of this section applies; or (iii) A restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; (2) Receive an assessment of their degree of alcohol abuse, and treatment as appropriate; and (3) Except as provided in Sec. 1275.5, receive a mandatory sentence of-- (i) Not less than five days (120 hours) of imprisonment or 30 days (240 hours) of community service for a second offense; and (ii) Not less than ten days (240 hours) of imprisonment or 60 days (480 hours) of community service for a third or subsequent offense. (b) Special exceptions. As used in paragraph (a)(1)(ii) of this section, special exception means an exception under a State alcohol- ignition interlock law for the following circumstances only: (1) The individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the [[Page 67169]] vehicle is not owned or controlled by the individual; or (2) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. Sec. 1275.5 ``General practice'' certification option. (a) Notwithstanding Sec. 1275.4(a)(3), a State that otherwise meets the requirements of Sec. 1275.4 may comply with 23 U.S.C. 164 and this part based on the State's ``general practice'' for incarceration. A State electing this option shall-- (1) If the State law does not comply with the requirements of Sec. 1275.4(a)(3)(i), submit the following certification signed by the Governor's Representative for Highway Safety: I, [Name], Governor's Representative for Highway Safety, certify that, in [State name], at least 75 percent of repeat intoxicated drivers receive a mandatory sentence of imprisonment for a second offense, as those terms are defined in 23 CFR 1275.3. This certification is based on data from the period of twelve consecutive months of the calendar year immediately preceding the date of this certification. I sign this certification based on personal knowledge and other appropriate inquiry. [Signature of Governor's Representative for Highway Safety] [Date of signature] (2) If the State law does not comply with the requirements of Sec. 1275.4(a)(3)(ii), submit the following certification signed by the Governor's Representative for Highway Safety: I, [Name], Governor's Representative for Highway Safety, certify that, in [State name], at least 75 percent of repeat intoxicated drivers receive a mandatory sentence of not less than ten days (240 hours) of imprisonment for a third or subsequent offense, as those terms are defined in 23 CFR 1275.3. This certification is based on data from the period of twelve consecutive months of the calendar year immediately preceding the date of this certification. I sign this certification based on personal knowledge and other appropriate inquiry. [Signature of Governor's Representative for Highway Safety] [Date of signature] (b) A State electing the option under this section must submit a new certification to the appropriate NHTSA Regional Administrator by not later than October 1 of each fiscal year to avoid the reservation of funds specified in Sec. 1275.6. The State is encouraged to submit the certification by August 15 to avoid any delay in release of funds on October 1 of that calendar year while NHTSA evaluates its certification. Sec. 1275.6 Reservation of funds. (a) On October 1 of each fiscal year, if a State has not enacted or is not enforcing a law that complies with Sec. 1275.4, FHWA will reserve an amount equal to 2.5 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1) and (b)(2). (b) The reservation of funds will be made based on proportionate amounts from each of the apportionments under 23 U.S.C. 104(b)(1) and (b)(2). The State's Department of Transportation will have 30 days from the date the funds are reserved under this section to notify FHWA, through the appropriate Division Administrator, if it would like to change the distribution of the amounts reserved between 23 U.S.C. 104(b)(1) and (b)(2). Sec. 1275.7 Use of reserved funds. (a) Not later than 60 days after the funds are reserved under Sec. 1275.6, the Governor's Representative for Highway Safety and the Chief Executive Officer of the State's Department of Transportation for each State must jointly identify, in writing to the appropriate NHTSA Regional Administrator and FHWA Division Administrator, how the funds will be programmed between alcohol-impaired driving programs under paragraph (c) of this section and highway safety improvement program activities under paragraph (d) of this section. Funds will remain reserved until this notification is provided by the State. (b) As soon as practicable after NHTSA and FHWA receive the notification described in paragraph (a) of this section, the Secretary will: (1) Transfer the reserved funds identified by the State for alcohol-impaired driving programs under paragraph (c) of this section to the apportionment of the State under 23 U.S.C. 402; and (2) Release the reserved funds identified by the State for highway safety improvement program activities under paragraph (d) of this section to the State Department of Transportation. (c) Any funds transferred under paragraph (b)(1) of this section shall be-- (1) Used for approved projects for alcohol-impaired driving countermeasures; or (2) Directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). (d) Any funds released under paragraph (b)(2) of this section shall be used for highway safety improvement program activities eligible under 23 U.S.C. 148. (e) Once the funds have been transferred or released under paragraph (b) of this section, the State may not revise the notification described in paragraph (a) of this section identifying how the funds will be programmed between alcohol-impaired driving programs and highway safety improvement program activities. (f) The Federal share of the cost of any project carried out with the funds transferred or released under paragraph (b) of this section is 100 percent. (g)(1) If any funds are transferred under paragraph (b)(1) of this section to the apportionment of a State under Section 402 for a fiscal year, the amount of obligation authority determined under paragraph (g)(2) of this section shall be transferred for carrying out projects described in paragraph (c) of this section. (2) The obligation authority referred to in paragraph (g)(1) of this section shall be transferred from the obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, and the amount shall be determined by multiplying: (i) The amount of funds transferred under paragraph (b)(1) of this section to the apportionment of the State under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to (B) The total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. (h) Notwithstanding any other provision of law, no limitation on the total obligations for highway safety programs under Section 402 shall apply to funds transferred under paragraph (b)(1) of this section. Sec. 1275.8 Procedures affecting States in noncompliance. (a) Each fiscal year, each State determined to be in noncompliance with 23 U.S.C. 164 and this part will be advised of the funds reserved from apportionment under Sec. 1275.6 in the notice of apportionments required [[Page 67170]] under 23 U.S.C. 104(e), which normally occurs on October 1. (b) Each State whose funds are reserved under Sec. 1275.6 will be afforded 30 days from the date of issuance of the notice of apportionments described in paragraph (a) of this section to submit documentation showing why it is in compliance (which may include a ``general practice'' certification under Sec. 1275.5). Documentation must be submitted to the appropriate NHTSA Regional Administrator. If such documentation is provided, a reservation will remain in place on the State's affected funds while the agencies consider the information. If the agencies affirm the noncompliance determination, the State will be notified of the decision and the affected funds will be processed in accordance with the requests regarding the derivation and distribution of funds provided by the State as required by Sec. Sec. 1275.6(b) and 1275.7(a). Sec. 1275.9 State' responsibilities regarding compliance. (a) States are responsible for ensuring compliance with 23 U.S.C. 164 and this part. (b) A State that has been determined to be in compliance with the requirements of 23 U.S.C. 164 and this part must promptly notify the appropriate NHTSA Regional Administrator in writing of any change or change in enforcement of the State's repeat intoxicated driver law, identifying the specific change(s). Dated: September 27, 2016, under authority delegated in 49 CFR 1.95. Mark R. Rosekind, Administrator, National Highway Traffic Safety Administration. Dated: September 27, 2016, under authority delegated in 49 CFR 1.85. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016-23788 Filed 9-28-16; 4:15 pm] BILLING CODE 4910-59-P
![67158 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
globally interoperable international (f) Limitation of validity. The validity DEPARTMENT OF TRANSPORTATION
travel document. period of any passport may be limited
■ 4. Revise § 51.4 to read as follows: by the Department to less than the National Highway Traffic Safety
normal validity period. The bearer of a Administration
§ 51.4 Validity of passports. limited passport may apply for a new
(a) Signature of bearer. A passport passport, using the proper application Federal Highway Administration
book is valid only when signed by the and submitting the limited passport,
bearer in the space designated for applicable fees, photographs, and 23 CFR Parts 1270 and 1275
signature, or, if the bearer is unable to additional documentation, if required, [Docket No. NHTSA–2016–0099]
sign, signed by a person with legal to support the issuance of a new
authority to sign on his or her behalf. A RIN 2127–AL45
passport.
passport card is valid without the
(g) Invalidity. A United States Regulatory Update of Transfer and
signature of the bearer.
passport is invalid as soon as: Sanction Programs
(b) Period of validity of a regular
passport and a passport card. (1) A (1) The Department has sent or AGENCY: National Highway Traffic
regular passport or passport card issued personally delivered a written notice to Safety Administration (NHTSA) and
to an applicant 16 years of age or older the bearer stating that the passport has Federal Highway Administration
is valid for ten years from date of issue been revoked; or (FHWA), Department of Transportation
unless the Department limits the (2) The passport has been reported as (DOT).
validity period to a shorter period. ACTION: Interim final rule; request for
lost or stolen to the Department, a U.S.
(2) A regular passport or passport card comments.
passport agency or a diplomatic or
issued to an applicant under 16 years of
consular post abroad and the SUMMARY: This action revises the
age is valid for five years from date of
issue unless the Department limits the Department has recorded the reported Federal implementing regulations for
validity period to a shorter period. loss or theft; or the Section 154 (Open Container) and
(3) A regular passport for which (3) The passport is cancelled by the Section 164 (Repeat Intoxicated Driver)
payment of the fee has been excused is Department (physically, electronically, programs as a result of enactment of the
valid for a period of five years from the or otherwise) upon issuance of a new Fixing America’s Surface Transportation
date issued unless limited by the passport of the same type to the bearer; (FAST) Act. It incorporates the new
Department to a shorter period. or compliance criteria for the Section 164
(c) Period of validity of a service program and updates the regulations to
(4) The Department has sent a written
passport. The period of validity of a reflect current practice. This document
notice to the bearer that the passport has is being issued as an interim final rule
service passport, unless limited by the been invalidated because the
Department to a shorter period, is five to ensure that States receive instructions
Department has not received the that are important to upcoming
years from the date of issue, or so long
applicable fees; or compliance determinations to be made
as the bearer maintains the status
pursuant to which the service passport (5) The passport has been materially on October 1, 2016. The agencies
is issued, whichever is shorter. A changed in physical appearance or request comments on this rule. The
service passport which has not expired composition, or contains a damaged, agencies will publish a document
must be returned to the Department defective or otherwise nonfunctioning responding to any comments received
upon the termination of the bearer’s chip, or includes unauthorized changes, and, if appropriate, will amend
status or at such other time as the obliterations, entries or photographs, or provisions of the regulations.
Department may determine. has observable wear or tear that renders DATES: This interim final rule is
(d) Period of validity of an official it unfit for use as a travel document, and effective on October 1, 2016. Comments
passport. The period of validity of an the Department either takes possession concerning this interim final rule are
official passport, unless limited by the of the passport or sends a written notice due on November 30, 2016.
Department to a shorter period, is five to the bearer); or ADDRESSES: You may submit comments
years from the date of issue, or so long using the number identified in the
as the bearer maintains his or her (6) The bearer of a special issuance
passport no longer maintains the status heading of this document by any of the
official status, whichever is shorter. An following methods:
pursuant to which the passport was
official passport which has not expired • Federal eRulemaking Portal: Go to
must be returned to the Department issued; or
http://www.regulations.gov. Follow the
upon the termination of the bearer’s (7) The Department has sent a written online instructions for submitting
official status or at such other time as notice to the bearer, directly or through comments.
the Department may determine. the bearer’s employing agency, stating • Mail: Docket Management Facility,
(e) Period of validity of a diplomatic that a special issuance passport has M–30, U.S. Department of
passport. The period of validity of a been cancelled by the Department. Transportation, West Building, Ground
diplomatic passport, unless limited by Floor, Rm. W12–140, 1200 New Jersey
Dated: September 23, 2016.
the Department to a shorter period, is Avenue SE., Washington, DC 20590.
five years from the date of issue, or so David T. Donahue, • Hand Delivery or Courier: West
asabaliauskas on DSK3SPTVN1PROD with RULES
long as the bearer maintains his or her Acting Assistant Secretary, Bureau of Building Ground Floor, Room W12–140,
diplomatic status, whichever is shorter. Consular Affairs, Department of State. 1200 New Jersey Avenue SE., between
A diplomatic passport which has not [FR Doc. 2016–23568 Filed 9–29–16; 8:45 am] 9 a.m. and 5 p.m. Eastern Time, Monday
expired must be returned to the BILLING CODE 4710–13–P through Friday, except Federal holidays.
Department upon the termination of the • Fax: (202) 493–2251.
bearer’s diplomatic status or at such Regardless of how you submit your
other time as the Department may comments, please mention the docket
determine. number of this document.
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![67160 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
container laws must meet. Revisions to under the Federal statute. Due to the to the alcoholic beverage, which is the
the procedures for demonstrating preponderance of these laws in States, purpose of open container laws.
compliance, the penalties for the agencies determined that this This IFR also moves the location of
noncompliance, and the responsibilities clarification is necessary. Recorked or the phrase ‘‘in a motor vehicle that is
of compliant and non-compliant States resealed alcoholic beverages containers not equipped with a trunk’’ to remove
are discussed later in the preamble as must be stored outside of the passenger any ambiguity that this is a prerequisite
those aspects are common to the Section area, such as in the trunk of a motor for allowing placement of an open
154 program and the Section 164 vehicle. alcoholic beverage container behind the
program. last upright seat or in an area not
2. Compliance Criteria (23 CFR normally occupied by the driver or a
B. Compliance Criteria for State Open 1270.4(a)–(c))
Container Laws passenger. No substantive change is
Congress has made no changes to the intended—the agencies have always
NHTSA is delegated the authority by substantive compliance criteria of interpreted and applied this provision
the Secretary of Transportation to Section 154 since the inception of the in this manner.
determine State compliance under program. Therefore, the agencies are not The Federal implementing regulations
Section 154 (49 CFR 1.95(f)). While making any substantive changes to these require a State’s open container law to
Congress has not changed the minimum sections of the regulations. The six apply to all occupants of a motor
requirements that a State’s open compliance criteria are discussed vehicle. However, the Federal statute
container law must meet to comply with extensively in the interim final rule (63 and implementing regulations permit
Section 154 since the inception of the FR 53580 [Oct. 6, 1998]) and final rule exceptions allowing a passenger, but
program, NHTSA’s experience (65 FR 51532 [Aug. 24, 2000]) that first never a driver, to possess an open
implementing the compliance criteria implemented the program. Those alcoholic beverage container or
since the regulations were finalized in discussions provide background and consume an alcoholic beverage in the
2000 suggests the need to provide explanations regarding the Federal passenger area of ‘‘a motor vehicle
additional clarity to the States on minimum requirements. designed, maintained, or used primarily
particular aspects of the requirements. for the transportation of persons for
States are responsible for ensuring and 3. Exceptions (23 CFR 1270.4(d)) compensation, or in the living quarters
maintaining their own compliance with of a house coach or house trailer.’’ 23
The Federal implementing regulations
these requirements. The agencies CFR 1270.4(d)(2). The agencies are
require a State’s open container law to
believe that the discussion in this making technical corrections to this
apply to ‘‘the passenger area of any
preamble and the revisions to the provision that do not change its
motor vehicle,’’ with passenger area
regulations will allow States to better application.
understand the program and attain and meaning ‘‘the area designed to seat the
maintain compliance. These revisions driver and passengers while the motor III. Section 164: Repeat Intoxicated
are not intended to substantively amend vehicle is in operation and any area that Driver Laws
the compliance requirements of the is readily accessible to the driver or a
passenger while in their seating A. Background
Section 154 program.
positions, including the glove Section 1406 of the TEA–21
1. Definitions (23 CFR 1270.3) compartment.’’ 23 CFR 1270.3(g), Restoration Act amended chapter 1 of
The agencies are adding definitions 1270.4(b)(2). However, certain title 23, U.S.C., by adding Section 164,
for the terms ‘‘FHWA,’’ ‘‘NHTSA,’’ and exceptions to this rule are permitted which established a transfer program
‘‘open container law’’ and eliminating provided they comply with the under which a percentage of a State’s
the definition for ‘‘enact and enforce.’’ requirements in 23 CFR 1270.4(d)(1). Federal-aid highway construction funds
The added definitions are for terms used The Federal regulations have long would be transferred to the State’s
in the regulation, while the elimination permitted possession of an open apportionment under Section 402 if the
of the definition of ‘‘enact and enforce’’ alcoholic beverage container in a locked State failed to enact and enforce a
is simply because the term is plain and glove compartment. NHTSA has conforming ‘‘repeat intoxicated driver’’
does not need a definition. The accepted as compliant a State provision law. As with Section 154, transfer funds
regulations continue to require a State to permitting storage of an open container could be used for alcohol-impaired
‘‘enact and enforce’’ a compliant law. in a locked center console because a driving countermeasures or the
The agencies are amending the locked center console is functionally enforcement of driving while
definition of ‘‘open alcoholic beverage equivalent to a locked glove intoxicated laws, or States could elect to
container’’ to add the parenthetical compartment. This IFR logically extends use all or a portion of the funds for
phrase ‘‘(regardless of whether it has that exception to allow possession of an hazard elimination activities under 23
been closed or resealed.)’’ 23 CFR open alcoholic beverage container in U.S.C. 152.
1270.3(e).1 This is intended to make any locked container (including a Under Section 164, to avoid the
clear that ‘‘cork and carry’’ or ‘‘resealed locked fixed console or a locked glove transfer of funds, a State must enact and
wine container’’ laws exempting a compartment). The agencies emphasize enforce a repeat intoxicated driver law
recorked or resealed alcoholic beverage that this exception does not permit the that establishes, at minimum, certain
container from the State’s open possession in the passenger area of an specified penalties for second and
container laws are not allowed under open alcoholic beverage container in subsequent convictions of driving while
asabaliauskas on DSK3SPTVN1PROD with RULES
the Federal law. Recorking or resealing tamper-evident packaging. (See the intoxicated or driving under the
does not negate the fact that the earlier discussion about ‘‘cork and influence. As originally enacted, Section
contents in the bottle have been carry’’ and ‘‘resealed wine container’’ 164 required that States impose the
partially removed, a direct concern provisions.) While tamper-evident following minimum penalties: A one-
packaging may assist law enforcement year driver’s license suspension; the
1 Throughout this preamble, citations to the
Section 154 and Section 164 implementing
officers in identifying whether impoundment or immobilization of, or
regulations refer to the version as amended by the consumption of the alcoholic beverage the installation of an ignition interlock
IFR. has occurred, it does not restrict access system on, the repeat intoxicated
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Agenda in or about April and October How do I submit confidential business Intergovernmental relations, Alcohol
of each year. You may use the RIN information? abuse.
contained in the heading at the If you wish to submit any information For the reasons discussed in the
beginning of this document to find this under a claim of confidentiality, you preamble, under the authority of 23
action in the Unified Agenda. should submit three copies of your U.S.C. 154 and 164, the National
complete submission, including the Highway Traffic Safety Administration
L. Privacy Act
information you claim to be confidential and the Federal Highway
Please note that anyone is able to business information, to the Chief Administration amend 23 CFR Chapter
search the electronic form of all Counsel, NHTSA, at the address given II as follows:
comments received into any of our above under FOR FURTHER INFORMATION ■ 1. Revise part 1270 to read as follows:
dockets by the name of the individual CONTACT. In addition, you should
submitting the comment (or signing the submit a copy, from which you have PART 1270—OPEN CONTAINER LAWS
comment, if submitted on behalf of an deleted the claimed confidential Sec.
association, business, labor union, etc.). business information, to the docket at 1270.1 Scope.
You may review DOT’s complete the address given above under 1270.2 Purpose.
Privacy Act Statement in the Federal ADDRESSES. When you send a comment 1270.3 Definitions.
Register published on April 11, 2000 containing information claimed to be 1270.4 Compliance criteria.
confidential business information, you 1270.5 [Reserved].
(65 FR 19477) or you may visit http:// 1270.6 Reservation of funds.
dms.dot.gov. should include a cover letter setting
forth the information specified in our 1270.7 Use of reserved funds.
confidential business information 1270.8 Procedures affecting States in
VII. Public Participation
noncompliance.
regulation. (49 CFR part 512.) 1270.9 States’ responsibilities regarding
How do I prepare and submit
comments? Will the agencies consider late compliance.
comments? Authority: 23 U.S.C. 154; delegation of
Your comments must be written and We will consider all comments authority at 49 CFR 1.85 and 1.95.
in English. To ensure that your received before the close of business on
comments are correctly filed in the § 1270.1 Scope.
the comment closing date indicated This part prescribes the requirements
Docket, please include the docket above under DATES. To the extent
number of this document in your necessary to implement Section 154 of
possible, we will also consider Title 23 of the United States Code which
comments. comments that the docket receives after
encourages States to enact and enforce
Your comments must not be more that date. If the docket receives a
open container laws.
than 15 pages long. (49 CFR 553.21). We comment too late for us to consider in
established this limit to encourage you developing a final rule (assuming that § 1270.2 Purpose.
to write your primary comments in a one is issued), we will consider that The purpose of this part is to specify
concise fashion. However, you may comment as an informal suggestion for the steps that States must take to avoid
attach necessary additional documents future rulemaking action. the reservation and transfer of Federal-
to your comments. There is no limit on How can I read the comments submitted aid highway funds for noncompliance
the length of the attachments. by other people? with 23 U.S.C. 154.
Comments may also be submitted to You may read the comments received § 1270.3 Definitions.
the docket electronically by logging onto by the docket at the address given above As used in this part:
the Docket Management System Web under ADDRESSES. The hours of the (a) Alcoholic beverage means:
site at http://www.regulations.gov. docket are indicated above in the same (1) Beer, ale, porter, stout, and other
Follow the online instructions for location. You may also see the similar fermented beverages (including
submitting comments. comments on the Internet. To read the sake or similar products) of any name or
Please note that pursuant to the Data comments on the Internet, go to http:// description containing one-half of 1
Quality Act, in order for substantive www.regulations.gov. Follow the online percent or more of alcohol by volume,
data to be relied upon and used by the instructions for accessing the dockets. brewed or produced from malt, wholly
agencies, it must meet the information Please note that even after the or in part, or from any substitute
quality standards set forth in the OMB comment closing date, we will continue therefor;
and DOT Data Quality Act guidelines. to file relevant information in the docket (2) Wine of not less than one-half of
Accordingly, we encourage you to as it becomes available. Further, some 1 per centum of alcohol by volume; or
consult the guidelines in preparing your people may submit late comments. (3) Distilled spirits which is that
comments. OMB’s guidelines may be Accordingly, we recommend that you substance known as ethyl alcohol,
accessed at http://www.whitehouse.gov/ periodically check the Docket for new ethanol, or spirits of wine in any form
material. You can arrange with the (including all dilutions and mixtures
omb/fedreg/reproducible.html.
docket to be notified when others file thereof from whatever source or by
How can I be sure that my comments comments in the docket. See http:// whatever process produced).
were received? www.regulations.gov for more (b) FHWA means the Federal Highway
information. Administration.
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If you wish Docket Management to (c) Motor vehicle means a vehicle
Authority: 23 U.S.C. 154 and 164;
notify you upon its receipt of your delegation of authority at 49 CFR 1.85 and driven or drawn by mechanical power
comments, enclose a self-addressed, 1.95. and manufactured primarily for use on
stamped postcard in the envelope public highways, but does not include
containing your comments. Upon List of Subjects in 23 CFR Parts 1270 a vehicle operated solely on a rail or
receiving your comments, Docket and 1275 rails.
Management will return the postcard by Reservation and transfer programs— (d) NHTSA means the National
mail. Transportation, Highway safety, Highway Traffic Safety Administration.
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(e) Open alcoholic beverage container compartment), or, in a motor vehicle notification described in paragraph (a)
means any bottle, can, or other that is not equipped with a trunk, either of this section, the Secretary will:
receptacle that: behind the last upright seat or in an area (1) Transfer the reserved funds
(1) Contains any amount of alcoholic not normally occupied by the driver or identified by the State for alcohol-
beverage; and a passenger, the State will be deemed to impaired driving programs under
(2) Is open or has a broken seal or the have in effect a law that applies to the paragraph (c) of this section to the
contents of which are partially removed passenger area of any vehicle, as apportionment of the State under 23
(regardless of whether it has been closed provided in paragraph (b)(2) of this U.S.C. 402; and
or resealed). section. (2) Release the reserved funds
(f) Open container law means a State (2) If a State has in effect a law that identified by the State for highway
law or combination of laws that meets makes unlawful the possession of any safety improvement program activities
the minimum requirements specified in open alcoholic beverage container and under paragraph (d) of this section to
§ 1270.4. the consumption of any alcoholic the State Department of Transportation.
(g) Passenger area means the area beverage by the driver (but not by a (c) Any funds transferred under
designed to seat the driver and passenger) in the passenger area of a paragraph (b)(1) of this section shall
passengers while the motor vehicle is in motor vehicle designed, maintained, or be—
operation and any area that is readily used primarily for the transportation of (1) Used for approved projects for
accessible to the driver or a passenger persons for compensation, or in the alcohol-impaired driving
while in their seating positions, living quarters of a house coach or countermeasures; or
including the glove compartment. house trailer, the State shall be deemed (2) Directed to State and local law
(h) Public highway or right-of-way of to have in effect a law that applies to all enforcement agencies for enforcement of
a public highway means the width occupants of a motor vehicle with laws prohibiting driving while
between and immediately adjacent to respect to such motor vehicles, as intoxicated or driving under the
the boundary lines of every way provided in paragraph (b)(4) of this influence and other related laws
publicly maintained when any part section. (including regulations), including the
thereof is open to the use of the public purchase of equipment, the training of
§ 1270.5 [Reserved].
for purposes of vehicular travel; officers, and the use of additional
inclusion of the roadway and shoulders § 1270.6 Reservation of funds. personnel for specific alcohol-impaired
is sufficient. (a) On October 1 of each fiscal year, driving countermeasures, dedicated to
(i) State means any of the 50 States, if a State has not enacted or is not enforcement of the laws (including
the District of Columbia, or the enforcing a law that complies with regulations).
Commonwealth of Puerto Rico. § 1270.4, FHWA will reserve an amount (d) Any funds released under
§ 1270.4 Compliance criteria.
equal to 2.5 percent of the funds paragraph (b)(2) of this section shall be
apportioned to the State for that fiscal used for highway safety improvement
(a) To avoid the reservation of funds year under each of 23 U.S.C. 104(b)(1)
specified in § 1270.6, a State must enact program activities eligible under 23
and (b)(2). U.S.C. 148.
and enforce an open container law that (b) The reservation of funds will be
prohibits the possession of any open (e) Once the funds have been
made based on proportionate amounts transferred or released under paragraph
alcoholic beverage container, and the from each of the apportionments under
consumption of any alcoholic beverage, (b) of this section, the State may not
23 U.S.C. 104(b)(1) and (b)(2). The revise the notification described in
in the passenger area of any motor State’s Department of Transportation
vehicle (including possession or paragraph (a) of this section identifying
will have 30 days from the date the how the funds will be programmed
consumption by the driver of the funds are reserved under this section to
vehicle) located on a public highway, or between alcohol-impaired driving
notify FHWA, through the appropriate programs and highway safety
the right-of-way of a public highway, in Division Administrator, if it would like
the State. improvement program activities.
to change the distribution of the (f) The Federal share of the cost of any
(b) The law must apply to: amounts reserved between 23 U.S.C.
(1) The possession of any open project carried out with the funds
104(b)(1) and (b)(2). transferred or released under paragraph
alcoholic beverage container and the
consumption of any alcoholic beverage; § 1270.7 Use of reserved funds. (b) of this section is 100 percent.
(2) The passenger area of any motor (a) Not later than 60 days after the (g)(1) If any funds are transferred
vehicle; funds are reserved under § 1270.6, the under paragraph (b)(1) of this section to
(3) All alcoholic beverages; Governor’s Representative for Highway the apportionment of a State under
(4) All occupants of a motor vehicle; Safety and the Chief Executive Officer of Section 402 for a fiscal year, the amount
and the State’s Department of Transportation of obligation authority determined
(5) All motor vehicles located on a for each State must jointly identify, in under paragraph (g)(2) of this section
public highway or the right-of-way of a writing to the appropriate NHTSA shall be transferred for carrying out
public highway. Regional Administrator and FHWA projects described in paragraph (c) of
(c) The law must provide for primary Division Administrator, how the funds this section.
enforcement. will be programmed between alcohol- (2) The obligation authority referred
(d) Exceptions. (1) If a State has in impaired driving programs under to in paragraph (g)(1) of this section
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effect a law that makes unlawful the paragraph (c) of this section and shall be transferred from the obligation
possession of any open alcoholic highway safety improvement program authority distributed for the fiscal year
beverage container and the consumption activities under paragraph (d) of this to the State for Federal-aid highways
of any alcoholic beverage in the section. Funds will remain reserved and highway safety construction
passenger area of any motor vehicle, but until this notification is provided by the programs, and the amount shall be
permits the possession of an open State. determined by multiplying:
alcoholic beverage container in a locked (b) As soon as practicable after (i) The amount of funds transferred
container (such as a locked glove NHTSA and FHWA receive the under paragraph (b)(1) of this section to
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![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67169
vehicle is not owned or controlled by enforcing a law that complies with enforcement of the laws (including
the individual; or § 1275.4, FHWA will reserve an amount regulations).
(2) The individual is certified by a equal to 2.5 percent of the funds (d) Any funds released under
medical doctor as being unable to apportioned to the State for that fiscal paragraph (b)(2) of this section shall be
provide a deep lung breath sample for year under each of 23 U.S.C. 104(b)(1) used for highway safety improvement
analysis by an ignition interlock device. and (b)(2). program activities eligible under 23
(b) The reservation of funds will be U.S.C. 148.
§ 1275.5 ‘‘General practice’’ certification
made based on proportionate amounts (e) Once the funds have been
option.
from each of the apportionments under transferred or released under paragraph
(a) Notwithstanding § 1275.4(a)(3), a 23 U.S.C. 104(b)(1) and (b)(2). The (b) of this section, the State may not
State that otherwise meets the State’s Department of Transportation revise the notification described in
requirements of § 1275.4 may comply will have 30 days from the date the paragraph (a) of this section identifying
with 23 U.S.C. 164 and this part based funds are reserved under this section to how the funds will be programmed
on the State’s ‘‘general practice’’ for notify FHWA, through the appropriate between alcohol-impaired driving
incarceration. A State electing this Division Administrator, if it would like programs and highway safety
option shall— to change the distribution of the improvement program activities.
(1) If the State law does not comply amounts reserved between 23 U.S.C. (f) The Federal share of the cost of any
with the requirements of 104(b)(1) and (b)(2). project carried out with the funds
§ 1275.4(a)(3)(i), submit the following transferred or released under paragraph
certification signed by the Governor’s § 1275.7 Use of reserved funds.
(b) of this section is 100 percent.
Representative for Highway Safety: (a) Not later than 60 days after the (g)(1) If any funds are transferred
I, [Name], Governor’s Representative for funds are reserved under § 1275.6, the under paragraph (b)(1) of this section to
Highway Safety, certify that, in [State name], Governor’s Representative for Highway the apportionment of a State under
at least 75 percent of repeat intoxicated Safety and the Chief Executive Officer of Section 402 for a fiscal year, the amount
drivers receive a mandatory sentence of the State’s Department of Transportation
imprisonment for a second offense, as those
of obligation authority determined
for each State must jointly identify, in under paragraph (g)(2) of this section
terms are defined in 23 CFR 1275.3. This writing to the appropriate NHTSA
certification is based on data from the period shall be transferred for carrying out
of twelve consecutive months of the calendar
Regional Administrator and FHWA projects described in paragraph (c) of
year immediately preceding the date of this Division Administrator, how the funds this section.
certification. I sign this certification based on will be programmed between alcohol- (2) The obligation authority referred
personal knowledge and other appropriate impaired driving programs under to in paragraph (g)(1) of this section
inquiry. [Signature of Governor’s paragraph (c) of this section and shall be transferred from the obligation
Representative for Highway Safety] [Date of highway safety improvement program authority distributed for the fiscal year
signature] activities under paragraph (d) of this to the State for Federal-aid highways
(2) If the State law does not comply section. Funds will remain reserved and highway safety construction
with the requirements of until this notification is provided by the programs, and the amount shall be
§ 1275.4(a)(3)(ii), submit the following State. determined by multiplying:
certification signed by the Governor’s (b) As soon as practicable after (i) The amount of funds transferred
Representative for Highway Safety: NHTSA and FHWA receive the under paragraph (b)(1) of this section to
notification described in paragraph (a) the apportionment of the State under
I, [Name], Governor’s Representative for
Highway Safety, certify that, in [State name], of this section, the Secretary will: Section 402 for the fiscal year; by
at least 75 percent of repeat intoxicated (1) Transfer the reserved funds (ii) The ratio that:
drivers receive a mandatory sentence of not identified by the State for alcohol- (A) The amount of obligation
less than ten days (240 hours) of impaired driving programs under authority distributed for the fiscal year
imprisonment for a third or subsequent paragraph (c) of this section to the
offense, as those terms are defined in 23 CFR
to the State for Federal-aid highways
apportionment of the State under 23 and highway safety construction
1275.3. This certification is based on data U.S.C. 402; and
from the period of twelve consecutive programs; bears to
(2) Release the reserved funds (B) The total of the sums apportioned
months of the calendar year immediately
preceding the date of this certification. I sign identified by the State for highway to the State for Federal-aid highways
this certification based on personal safety improvement program activities and highway safety construction
knowledge and other appropriate inquiry. under paragraph (d) of this section to programs (excluding sums not subject to
[Signature of Governor’s Representative for the State Department of Transportation. any obligation limitation) for the fiscal
Highway Safety] [Date of signature] (c) Any funds transferred under year.
(b) A State electing the option under paragraph (b)(1) of this section shall (h) Notwithstanding any other
this section must submit a new be— provision of law, no limitation on the
certification to the appropriate NHTSA (1) Used for approved projects for total obligations for highway safety
Regional Administrator by not later than alcohol-impaired driving programs under Section 402 shall apply
October 1 of each fiscal year to avoid the countermeasures; or to funds transferred under paragraph
reservation of funds specified in (2) Directed to State and local law (b)(1) of this section.
§ 1275.6. The State is encouraged to enforcement agencies for enforcement of
asabaliauskas on DSK3SPTVN1PROD with RULES
submit the certification by August 15 to laws prohibiting driving while § 1275.8 Procedures affecting States in
intoxicated or driving under the noncompliance.
avoid any delay in release of funds on
October 1 of that calendar year while influence and other related laws (a) Each fiscal year, each State
NHTSA evaluates its certification. (including regulations), including the determined to be in noncompliance
purchase of equipment, the training of with 23 U.S.C. 164 and this part will be
§ 1275.6 Reservation of funds. officers, and the use of additional advised of the funds reserved from
(a) On October 1 of each fiscal year, personnel for specific alcohol-impaired apportionment under § 1275.6 in the
if a State has not enacted or is not driving countermeasures, dedicated to notice of apportionments required
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![67170 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
under 23 U.S.C. 104(e), which normally ACTION:Notice of deviation from operating schedule immediately at the
occurs on October 1. drawbridge regulation. end of the effective period of this
(b) Each State whose funds are temporary deviation. This deviation
reserved under § 1275.6 will be afforded SUMMARY: The Coast Guard has issued a from the operating regulations is
30 days from the date of issuance of the temporary deviation from the operating authorized under 33 CFR 117.35.
notice of apportionments described in schedule that governs the Pulaski Bridge
across the Newtown Creek, mile 0.6, Dated: September 27, 2016.
paragraph (a) of this section to submit C.J. Bisignano,
documentation showing why it is in between Brooklyn and Queens, New
York. This deviation is necessary to Supervisory Bridge Management Specialist,
compliance (which may include a First Coast Guard District.
‘‘general practice’’ certification under allow the bridge owner to perform span
locks adjustment at the bridge. [FR Doc. 2016–23690 Filed 9–29–16; 8:45 am]
§ 1275.5). Documentation must be
DATES: This deviation is effective from BILLING CODE 9110–04–P
submitted to the appropriate NHTSA
Regional Administrator. If such 12:01 a.m. on October 3, 2016 to 5 a.m.
documentation is provided, a on October 14, 2016.
DEPARTMENT OF HOMELAND
reservation will remain in place on the ADDRESSES: The docket for this
SECURITY
State’s affected funds while the agencies deviation, [USCG–2016–0891] is
consider the information. If the agencies available at http://www.regulations.gov. Coast Guard
affirm the noncompliance Type the docket number in the
determination, the State will be notified ‘‘SEARCH’’ box and click ‘‘SEARCH’’. 33 CFR Part 165
of the decision and the affected funds Click on Open Docket Folder on the line
will be processed in accordance with associated with this deviation. [Docket No. USCG–2016–0893]
the requests regarding the derivation FOR FURTHER INFORMATION CONTACT: If Eighth Coast Guard District Annual
and distribution of funds provided by you have questions on this temporary Safety Zones; Pittsburgh Steelers
the State as required by §§ 1275.6(b) and deviation, call or email Judy Leung-Yee, Fireworks; Allegheny River Mile 0.0–
1275.7(a). Project Officer, First Coast Guard 0.25, Ohio River 0.0–0.1, Monongahela
§ 1275.9 State’ responsibilities regarding District, telephone (212) 514–4330, River 0.0–0.1
compliance. email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The
AGENCY: Coast Guard, DHS.
(a) States are responsible for ensuring ACTION: Notice of enforcement of
compliance with 23 U.S.C. 164 and this Pulaski Bridge, mile 0.6, across the
Newtown Creek, has a vertical clearance regulation.
part.
(b) A State that has been determined in the closed position of 39 feet at mean SUMMARY: The Coast Guard will enforce
to be in compliance with the high water and 43 feet at mean low a safety zone for the Pittsburgh Steelers
requirements of 23 U.S.C. 164 and this water. The existing bridge operating Fireworks on the Allegheny River, from
part must promptly notify the regulations are found at 33 CFR mile 0.0 to 0.25, Ohio River mile 0.0–
appropriate NHTSA Regional 117.801(g)(1). 0.1 and Monongahela River 0.0–0.1, to
Administrator in writing of any change The waterway is transited by protect vessels transiting the area and
or change in enforcement of the State’s commercial barge traffic of various event spectators from the hazards
repeat intoxicated driver law, sizes. associated with the Pittsburgh Steelers
identifying the specific change(s). The bridge owner, New York City
barge-based fireworks display. During
DOT, requested a temporary deviation
Dated: September 27, 2016, under the enforcement period, entry into,
from the normal operating schedule to
authority delegated in 49 CFR 1.95. transiting, or anchoring in the safety
perform span locks adjustment at the
Mark R. Rosekind, zone is prohibited to all vessels not
bridge.
Administrator, National Highway Traffic registered with the sponsor as
Under this temporary deviation, the
Safety Administration. participants or official patrol vessels,
Pulaski Bridge shall remain in the
Dated: September 27, 2016, under unless specifically authorized by the
closed position from October 3, 2016 to
authority delegated in 49 CFR 1.85. Captain of the Port (COTP) Pittsburgh or
October 14, 2016 between 12:01 a.m.
Gregory G. Nadeau, a designated representative.
and 5 a.m.
Administrator, Federal Highway Vessels able to pass under the bridge DATES: The regulations in 33 CFR
Administration. in the closed position may do so at 165.801 Table 1, Sector Ohio Valley, No.
[FR Doc. 2016–23788 Filed 9–28–16; 4:15 pm] anytime. The bridge will not be able to 67 is effective from 7 p.m. until 9 p.m.,
BILLING CODE 4910–59–P open for emergencies and there is no on October 2, 2016.
immediate alternate route for vessels to FOR FURTHER INFORMATION CONTACT: If
pass. you have questions about this notice of
The Coast Guard will inform the users enforcement, call or email MST1
DEPARTMENT OF HOMELAND of the waterways through our Local Jennifer Haggins, Marine Safety Unit
SECURITY Notice and Broadcast to Mariners of the Pittsburgh, U.S. Coast Guard; telephone
change in operating schedule for the 412–221–0807, email
Coast Guard bridge so that vessel operations can Jennifer.L.Haggins@uscg.mil.
arrange their transits to minimize any SUPPLEMENTARY INFORMATION: The Coast
33 CFR Part 117
asabaliauskas on DSK3SPTVN1PROD with RULES
impact caused by the temporary Guard will enforce the Safety Zone for
deviation. The Coast Guard notified the annual Pittsburgh Pirates Fireworks
[Docket No. USCG–2016–0891] listed in 33 CFR 165.801 Table 1, Sector
known companies of the commercial oil
Drawbridge Operation Regulation; and barge vessels in the area and they Ohio Valley, No. 67 from 7 p.m. to 9
Newtown Creek, Brooklyn and Queens, have no objections to the temporary p.m. on October 2, 2016. Entry into the
NY deviation. safety zone is prohibited unless
In accordance with 33 CFR 117.35(e), authorized by the COTP or a designated
AGENCY: Coast Guard, DHS. the drawbridge must return to its regular representative. Persons or vessels
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Document Created: 2018-02-09 13:34:00
Document Modified: 2018-02-09 13:34:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule; request for comments. | |
| Dates | This interim final rule is effective on October 1, 2016. Comments concerning this interim final rule are due on November 30, 2016. | |
| Contact | NHTSA: For program issues: Barbara Sauers, Director, Office of Grants Management and Operations, Telephone number: (202) 366-0144, Email: [email protected] For legal issues: Russell Krupen, Attorney Advisor, Office of Chief Counsel, Telephone number: (202) 366- 1834, Email: [email protected]; Facsimile: (202) 366-3820. | |
| FR Citation | 81 FR 67158 | |
| RIN Number | 2127-AL45 | |
| CFR Citation | 23
CFR
1270 23 CFR 1275 | |
| CFR Associated | Reservation and Transfer Programs-Transportation; Highway Safety; Intergovernmental Relations and Alcohol Abuse |
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