executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it shall identify at least
two existing regulations to be repealed. In addition, any new
incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs. Only
those rules deemed significant under section 3(f) of Executive Order
12866, ``Regulatory Planning and Review,'' are subject to these
requirements. This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.

List of Subjects in 23 CFR Part 1300

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Grant programs--transportation, Highway safety, Intergovernmental
relations, Motor vehicles--motorcycles, Reporting and recordkeeping
requirements.

0
For the reasons discussed in the preamble, under the authority of 23
U.S.C. 401 et seq., the National Highway Traffic Safety Administration
revises 23 CFR part 1300 to read as follows:

PART 1300--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT
PROGRAMS

Subpart A--General
Sec.
1300.1 Purpose.
1300.2 [Reserved].
1300.3 Definitions.
1300.4 State Highway Safety Agency--authority and functions.
1300.5 Due dates--interpretation.
Subpart B--Highway Safety Plan
1300.10 General.
1300.11 Contents.
1300.12 Due date for submission.
1300.13 Special funding conditions for Section 402 Grants.
1300.14 Review and approval procedures.
1300.15 Apportionment and obligation of Federal funds.
Subpart C--National Priority Safety Program and Racial Profiling Data
Collection Grants
1300.20 General.
1300.21 Occupant protection grants.
1300.22 State traffic safety information system improvements grants.
1300.23 Impaired driving countermeasures grants.
1300.24 Distracted driving grants.
1300.25 Motorcyclist safety grants.
1300.26 State graduated driver licensing incentive grants.
1300.27 Nonmotorized safety grants.
1300.28 Racial profiling data collection grants.
Subpart D--Administration of the Highway Safety Grants
1300.30 General.
1300.31 Equipment.
1300.32 Amendments to Highway Safety Plans--approval by the Regional
Administrator.
1300.33 Vouchers and project agreements.
1300.34 [Reserved].
1300.35 Annual report.
1300.36 Appeals of written decision by the Regional Administrator.
Subpart E--Annual Reconciliation
1300.40 Expiration of the Highway Safety Plan.
1300.41 Disposition of unexpended balances.
1300.42 Post-grant adjustments.
1300.43 Continuing requirements.
Subpart F--Non-Compliance
1300.50 General.
1300.51 Sanctions--reduction of apportionment.
1300.52 Sanctions--risk assessment and non-compliance.
Appendix A to Part 1300--Certifications and Assurances for Highway
Safety Grants (23 U.S.C. Chapter 4; Sec. 1906, Public Law 109-59, as
Amended by Sec. 4011, Public Law 114-94)
Appendix B to Part 1300--Application Requirements for Section 405
and Section 1906 Grants
Appendix C to Part 1300--Participation by Political Subdivisions

Appendix D to Part 1300--Planning and Administration (P & A) Costs

    Authority:  23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L.
109-59, 119 Stat. 1468, as amended by Sec. 4011, Pub. L. 114-94, 129
Stat. 1512; delegation of authority at 49 CFR 1.95.

Subpart A--General

Sec.  1300.1  Purpose.

    This part establishes uniform procedures for State highway safety
programs authorized under 23 U.S.C. Chapter 4 and Sec. 1906, Public Law
109-59, as amended by Sec. 4011, Public Law 114-94.

Sec.  1300.2  [Reserved].

Sec.  1300.3  Definitions.

    As used in this part--
    Annual Report File (ARF) means FARS data that are published
annually, but prior to final FARS data.
    Carry-forward funds means those funds that a State has not expended
on projects in the fiscal year in which they were apportioned or
allocated, that are within the period of availability, and that are
being brought forward and made available for expenditure in a
subsequent fiscal year.
    Contract authority means the statutory language that authorizes an
agency to incur an obligation without the need for a prior
appropriation or further action from Congress and which, when
exercised, creates a binding obligation on the United States for which
Congress must make subsequent liquidating appropriations.
    Countermeasure strategy means a proven effective or innovative
countermeasure proposed or implemented with grant funds under 23 U.S.C.
Chapter 4 or Section 1906 to address identified problems and meet
performance targets. Examples of proven effective countermeasures
include high-visibility occupant protection enforcement, DUI courts, or
alcohol screening and brief intervention programs.
    Data-driven means informed by a systematic review and analysis of
quality data sources when making decisions related to planning, target
establishment, resource allocation and implementation.
    Evidence-based means based on approaches that are proven effective
with consistent results when making decisions related to countermeasure
strategies and projects.
    Fatality Analysis Reporting System (FARS) means the nationwide
census providing yearly public data regarding fatal injuries suffered
in motor vehicle traffic crashes, as published by NHTSA.
    Fatality rate means the ratio of the number of fatalities (as
defined in this section) to the number of vehicle miles traveled (VMT)
(expressed in 100 million VMT) in a calendar year, based on the data
reported in the FARS database.
    Final FARS means the FARS data that replace the annual report file
and contain additional cases or updates that became available after the
annual report file was released.
    Fiscal year means the Federal fiscal year, consisting of the 12
months beginning each October 1 and ending the following September 30.
    Five-year (5-year) rolling average means the average of five
individual points of data from five consecutive calendar years (e.g.,
the 5-year rolling average of the annual fatality rate).
    Governor means the Governor of any of the fifty States, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, the Mayor of the District
of Columbia, or, for the application of this part to Indian Country as
provided in 23 U.S.C. 402(h), the Secretary of the Interior.
    Governor's Representative for Highway Safety means the official
appointed by the Governor to implement the State's highway safety
program or, for the application of this part to Indian Country as
provided in 23 U.S.C. 402(h), an official of the Bureau of Indian
Affairs or other Department of Interior official who is duly designated
by the Secretary of the Interior to implement the Indian highway safety
program.
    Highway Safety Plan (HSP) means the document that the State submits
each fiscal year as its application for highway safety grants (and
amends as necessary), which describes the State's performance targets,
the countermeasure strategies and activities the State plans to
implement, the resources from all sources the State plans to use to
achieve its highway safety performance targets.
    Highway safety program means the planning, strategies and
performance measures, and general oversight and management of highway
safety strategies and projects by the State either directly or through
subrecipients to address highway safety problems in the State, as
defined in the annual Highway Safety Plan and any amendments.
    NHTSA means the National Highway Traffic Safety Administration.
    Number of fatalities means the total number of persons suffering
fatal injuries in a motor vehicle traffic crash during a calendar year,
based on data reported in the FARS database.
    Number of serious injuries means the total number of persons
suffering at least one serious injury for each separate motor vehicle
traffic crash during a calendar year, as reported by the State, where
the crash involves a motor vehicle traveling on a public road.
    Performance measure means a metric that is used to establish
targets and to assess progress toward meeting the established targets.
    Performance target means a quantifiable level of performance or a
goal, expressed as a value, to be achieved within a specified time
period.
    Problem identification means the data collection and analysis
process for identifying areas of the State, types of crashes, or types
of populations (e.g., high-risk populations) that present specific
safety challenges to efforts to improve a specific program area.
    Program area means any of the national priority safety program
areas identified in 23 U.S.C. 405 or a program area identified by a
State in the Highway Safety Plan as encompassing a major highway safety
problem in the State and for which documented effective countermeasure
strategies have been identified or projected by analysis to be
effective.
    Project means a discrete effort involving identified subrecipients
or contractors to be implemented with grant funds under 23 U.S.C.
Chapter 4 or Section 1906 and that addresses countermeasure strategies
identified in the Highway Safety Plan.
    Project agreement means a written agreement at the State level or
between the State and a subrecipient or contractor under which the
State agrees to perform a project or to provide Federal funds in
exchange for the subrecipient's or contractor's performance of a
project that supports the highway safety program.
    Project agreement number means a unique State-generated identifier
assigned to each project agreement.
    Public road means any road under the jurisdiction of and maintained
by a public authority and open to public travel.
    Section 402 means section 402 of title 23 of the United States
Code.
    Section 405 means section 405 of title 23 of the United States
Code.
    Section 1906 means Sec. 1906, Public Law 109-59, as amended by Sec.
4011, Public Law 114-94.
    Serious injuries means, until April 15, 2019, injuries classified
as ``A'' on the KABCO scale through the use of the conversion tables
developed by NHTSA, and thereafter, ``suspected serious injury (A)'' as
defined in the Model Minimum

Uniform Crash Criteria (MMUCC) Guideline, 4th Edition.
    State means, except as provided in Sec.  1300.25(b), any of the
fifty States of the United States, the District of Columbia, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or, for the application of this part
to Indian Country as provided in 23 U.S.C. 402(h), the Secretary of the
Interior.
    State highway safety improvement program (HSIP) means the program
defined in 23 U.S.C. 148(a)(10).
    State strategic highway safety plan (SHSP) means the plan defined
in 23 U.S.C. 148(a)(11).

Sec.  1300.4  State Highway Safety Agency--authority and functions.

    (a) In general. In order for a State to receive grant funds under
this part, the Governor shall exercise responsibility for the highway
safety program by appointing a Governor's Representative for Highway
Safety who shall be responsible for a State Highway Safety Agency that
has adequate powers and is suitably equipped and organized to carry out
the State's highway safety program.
    (b) Authority. Each State Highway Safety Agency shall be authorized
to--
    (1) Develop and execute the Highway Safety Plan and highway safety
program in the State;
    (2) Manage Federal grant funds effectively and efficiently and in
accordance with all Federal and State requirements;
    (3) Obtain information about highway safety programs and projects
administered by other State and local agencies;
    (4) Maintain or have access to information contained in State
highway safety data systems, including crash, citation or adjudication,
emergency medical services/injury surveillance, roadway and vehicle
record keeping systems, and driver license data;
    (5) Periodically review and comment to the Governor on the
effectiveness of programs to improve highway safety in the State from
all funding sources that the State plans to use for such purposes;
    (6) Provide financial and technical assistance to other State
agencies and political subdivisions to develop and carry out highway
safety strategies and projects; and
    (7) Establish and maintain adequate staffing to effectively plan,
manage, and provide oversight of projects approved in the HSP and to
properly administer the expenditure of Federal grant funds.
    (c) Functions. Each State Highway Safety Agency shall--
    (1) Develop and prepare the HSP based on evaluation of highway
safety data, including crash fatalities and injuries, roadway, driver
and other data sources to identify safety problems within the State;
    (2) Establish projects to be funded within the State under 23
U.S.C. Chapter 4 based on identified safety problems and priorities and
projects under Section 1906;
    (3) Conduct a risk assessment of subrecipients and monitor
subrecipients based on risk, as provided in 2 CFR 200.331;
    (4) Provide direction, information and assistance to subrecipients
concerning highway safety grants, procedures for participation,
development of projects and applicable Federal and State regulations
and policies;
    (5) Encourage and assist subrecipients to improve their highway
safety planning and administration efforts;
    (6) Review and approve, and evaluate the implementation and
effectiveness of, State and local highway safety programs and projects
from all funding sources that the State plans to use under the HSP, and
approve and monitor the expenditure of grant funds awarded under 23
U.S.C. Chapter 4 and Section 1906;
    (7) Assess program performance through analysis of highway safety
data and data-driven performance measures;
    (8) Ensure that the State highway safety program meets the
requirements of 23 U.S.C. Chapter 4, Section 1906 and applicable
Federal and State laws, including but not limited to the standards for
financial management systems required under 2 CFR 200.302 and internal
controls required under 2 CFR 200.303;
    (9) Ensure that all legally required audits of the financial
operations of the State Highway Safety Agency and of the use of highway
safety grant funds are conducted;
    (10) Track and maintain current knowledge of changes in State
statutes or regulations that could affect State qualification for
highway safety grants or transfer programs;
    (11) Coordinate the HSP and highway safety data collection and
information systems activities with other federally and non-federally
supported programs relating to or affecting highway safety, including
the State SHSP as defined in 23 U.S.C. 148(a); and
    (12) Administer Federal grant funds in accordance with Federal and
State requirements, including 2 CFR parts 200 and 1201.

Sec.  1300.5  Due dates--interpretation.

    If any deadline or due date in this part falls on a Saturday,
Sunday or Federal holiday, the applicable deadline or due date shall be
the next business day.

Subpart B--Highway Safety Plan

Sec.  1300.10  General.

    To apply for any highway safety grant under 23 U.S.C. Chapter 4 and
Section 1906, a State shall submit electronically a Highway Safety Plan
meeting the requirements of this subpart.

Sec.  1300.11  Contents.

    The State's Highway Safety Plan documents a State's highway safety
program that is data-driven in establishing performance targets and
selecting the countermeasure strategies, planned activities and
projects to meet performance targets. Each fiscal year, the State shall
submit a HSP, consisting of the following components:
    (a) Highway safety planning process. (1) Description of the data
sources and processes used by the State to identify its highway safety
problems, describe its highway safety performance measures, establish
its performance targets, and develop and select evidence-based
countermeasure strategies and projects to address its problems and
achieve its performance targets;
    (2) Identification of the participants in the processes (e.g.,
highway safety committees, program stakeholders, community and
constituent groups);
    (3) Description and analysis of the State's overall highway safety
problems as identified through an analysis of data, including but not
limited to fatality, injury, enforcement, and judicial data, to be used
as a basis for setting performance targets, selecting countermeasure
strategies, and developing projects;
    (4) Discussion of the methods for project selection (e.g.,
constituent outreach, public meetings, solicitation of proposals);
    (5) List of information and data sources consulted; and
    (6) Description of the outcomes from the coordination of the HSP,
data collection, and information systems with the State SHSP.
    (b) Performance report. A program-area-level report on the State's
progress towards meeting State performance targets from the previous
fiscal year's HSP.
    (c) Performance plan. (1) List of quantifiable and measurable
highway safety performance targets that are data-driven, consistent
with the Uniform Guidelines for Highway Safety Programs and based on
highway safety problems

identified by the State during the planning process conducted under
paragraph (a) of this section.
    (2) All performance measures developed by NHTSA in collaboration
with the Governors Highway Safety Association (``Traffic Safety
Performance Measures for States and Federal Agencies'' (DOT HS 811
025)), as revised in accordance with 23 U.S.C. 402(k)(5) and published
in the Federal Register, which must be used as minimum measures in
developing the performance targets identified in paragraph (c)(1) of
this section, provided that--
    (i) At least one performance measure and performance target that is
data-driven shall be provided for each program area that enables the
State to track progress toward meeting the quantifiable annual target;
    (ii) For each program area performance measure, the State shall
provide--
    (A) Quantifiable performance targets; and
    (B) Justification for each performance target that explains how the
target is data-driven, including a discussion of the factors that
influenced the performance target selection; and
    (iii) State HSP performance targets are identical to the State DOT
targets for common performance measures (fatality, fatality rate, and
serious injuries) reported in the HSIP annual report, as coordinated
through the State SHSP. These performance measures shall be based on a
5-year rolling average that is calculated by adding the number of
fatalities or number of serious injuries as it pertains to the
performance measure for the most recent 5 consecutive calendar years
ending in the year for which the targets are established. The ARF may
be used, but only if final FARS is not yet available. The sum of the
fatalities or sum of serious injuries is divided by five and then
rounded to the tenth decimal place for fatality or serious injury
numbers and rounded to the thousandth decimal place for fatality rates.
    (3) Additional performance measures not included under paragraph
(c)(2) of this section. For program areas where performance measures
have not been jointly developed (e.g., distracted driving, drug-
impaired driving) for which States are using HSP funds, the State shall
develop its own performance measures and performance targets that are
data-driven, and shall provide the same information as required under
paragraph (c)(2) of this section.
    (d) Highway safety program area problem identification,
countermeasure strategies, planned activities and funding. (1)
Description of each program area countermeasure strategy that will help
the State complete its program and achieve specific performance targets
described in paragraph (c) of this section, including, at a minimum--
    (i) An assessment of the overall projected traffic safety impacts
of the countermeasure strategies chosen and of the planned activities
to be funded; and
    (ii) A description of the linkage between program area problem
identification data, performance targets, identified countermeasure
strategies and allocation of funds to planned activities.
    (2) Description of each planned activity within the countermeasure
strategies in paragraph (d)(1) of this section that the State plans to
implement to reach the performance targets identified in paragraph (c)
of this section, including, at a minimum--
    (i) A list and description of the planned activities that the State
will conduct to support the countermeasure strategies within each
program area to address its problems and achieve its performance
targets; and
    (ii) For each planned activity (i.e., types of projects the State
plans to conduct), a description, including intended subrecipients,
Federal funding source, eligible use of funds, and estimates of funding
amounts, amount for match and local benefit.
    (3) Rationale for selecting the countermeasure strategy and funding
allocation for each planned activity described in paragraph (d)(2) of
this section (e.g., program assessment recommendations, participation
in national mobilizations, emerging issues). The State may also include
information on the cost effectiveness of proposed countermeasure
strategies, if such information is available.
    (4) For innovative countermeasure strategies (i.e., countermeasure
strategies that are not evidence-based), justification supporting the
countermeasure strategy, including research, evaluation and/or
substantive anecdotal evidence, that supports the potential of the
proposed innovative countermeasure strategy.
    (5) Evidence-based traffic safety enforcement program (TSEP) to
prevent traffic violations, crashes, and crash fatalities and injuries
in areas most at risk for such incidents, provided that--
    (i) The State shall identify the planned activities that
collectively constitute a data-driven TSEP and include--
    (A) An analysis of crashes, crash fatalities, and injuries in areas
of highest risk; and
    (B) An explanation of the deployment of resources based on that
analysis.
    (ii) The State shall describe how it plans to monitor the
effectiveness of enforcement activities, make ongoing adjustments as
warranted by data, and update the countermeasure strategies and planned
activities in the HSP, as applicable, in accordance with this part.
    (6) The planned high-visibility enforcement (HVE) strategies to
support national mobilizations. The State shall implement activities in
support of national highway safety goals to reduce motor-vehicle-
related fatalities that also reflect the primary data-related crash
factors within the State, as identified by the State highway safety
planning process, including participation in the national high-
visibility law enforcement mobilizations in accordance with 23 U.S.C.
404. The planned high-visibility enforcement strategies to support the
national mobilizations shall include not less than three mobilization
campaigns in each fiscal year to reduce alcohol-impaired or drug-
impaired operation of motor vehicles and increase use of seatbelts by
occupants of motor vehicles.
    (e) Teen Traffic Safety Program. If the State elects to include the
Teen Traffic Safety Program authorized under 23 U.S.C. 402(m), a
description of planned activities, including the amount and types of
Federal funding requested, the State match, local benefit as
applicable, appropriate eligible use of funds, and applicable
performance target that the State will conduct as part of the Teen
Traffic Safety Program--a Statewide program to improve traffic safety
for teen drivers. Planned activities must meet the eligible use
requirements of 23 U.S.C. 402(m)(2).
    (f) Certifications and assurances. The Certifications and
Assurances for 23 U.S.C. Chapter 4 and Section 1906 grants contained in
appendix A, signed by the Governor's Representative for Highway Safety,
certifying to the HSP application contents and performance conditions
and providing assurances that the State will comply with applicable
laws, and financial and programmatic requirements.
    (g) Section 405 grant and racial profiling data collection grant
application. Application for any of the national priority safety
program grants and the racial profiling data collection grant, in
accordance with the requirements of subpart C and as provided in
Appendix B, signed by the Governor's Representative for Highway Safety.

Sec.  1300.12   Due date for submission.

    (a) A State shall submit its Highway Safety Plan electronically to
NHTSA no later than 11:59 p.m. EDT on July 1 preceding the fiscal year
to which the HSP applies.
    (b) Failure to meet this deadline may result in delayed approval
and funding of a State's Section 402 grant or disqualification from
receiving a Section 405 or racial profiling data collection grant.

Sec.  1300.13  Special funding conditions for Section 402 Grants.

    The State's highway safety program under Section 402 shall be
subject to the following conditions, and approval under Sec.  1300.14
of this part shall be deemed to incorporate these conditions:
    (a) Planning and administration (P & A) costs. (1) Federal
participation in P & A activities shall not exceed 50 percent of the
total cost of such activities, or the applicable sliding scale rate in
accordance with 23 U.S.C. 120. The Federal contribution for P & A
activities shall not exceed 15 percent of the total funds the State
receives under Section 402. In accordance with 23 U.S.C. 120(i), the
Federal share payable for projects in the U.S. Virgin Islands, Guam,
American Samoa and the Commonwealth of the Northern Mariana Islands
shall be 100 percent. The Indian Country, as defined by 23 U.S.C.
402(h), is exempt from the provisions of P & A requirements. NHTSA
funds shall be used only to fund P & A activities attributable to NHTSA
programs. Determinations of P & A shall be in accordance with the
provisions of Appendix D.
    (2) P & A tasks and related costs shall be described in the P & A
module of the State's Highway Safety Plan. The State's matching share
shall be determined on the basis of the total P & A costs in the
module.
    (b) Prohibition on use of grant funds to check for helmet usage.
Grant funds under this part shall not be used for programs to check
helmet usage or to create checkpoints that specifically target
motorcyclists.
    (c) Prohibition on use of grant funds for automated traffic
enforcement systems. The State may not expend funds apportioned to the
State under Section 402 to carry out a program to purchase, operate, or
maintain an automated traffic enforcement system. The term ``automated
traffic enforcement system'' includes any camera that captures an image
of a vehicle for the purposes only of red light and speed enforcement,
and does not include hand held radar and other devices operated by law
enforcement officers to make an on-the-scene traffic stop, issue a
traffic citation, or other enforcement action at the time of the
violation.
    (d) Biennial survey of State automated traffic enforcement systems.
(1) Beginning with fiscal year 2018 Highway Safety Plans and biennially
thereafter, the State must either--
    (i) Certify, as provided in Appendix A, that automated traffic
enforcement systems are not used on any public road in the State; or
    (ii)(A) Conduct a survey during the fiscal year of the grant
meeting the requirements of paragraph (d)(2) of this section and
provide assurances, as provided in Appendix A, that it will do so; and
    (B) Submit the survey results to the NHTSA Regional Office no later
than March 1 of the fiscal year of the grant.
    (2) Survey contents. The survey shall include information about
automated traffic enforcement systems installed in the State. The
survey shall include:
    (i) List of automated traffic enforcement systems in the State;
    (ii) Adequate data to measure the transparency, accountability, and
safety attributes of each automated traffic enforcement system; and
    (iii) Comparison of each automated traffic enforcement system
with--
    (A) ``Speed Enforcement Camera Systems Operational Guidelines''
(DOT HS 810 916); and
    (B) ``Red Light Camera Systems Operational Guidelines'' (FHWA-SA-
05-002).

Sec.  1300.14   Review and approval procedures.

    (a) General. Upon receipt and initial review of the Highway Safety
Plan, NHTSA may request additional information from a State to ensure
compliance with the requirements of this part. Failure to respond
promptly to a request for additional information concerning the Section
402 grant application may result in delayed approval and funding of a
State's Section 402 grant. Failure to respond promptly to a request for
additional information concerning a Section 405 or Section 1906 grant
application may result in a State's disqualification from consideration
for a Section 405 or Section 1906 grant.
    (b) Approval or disapproval of Highway Safety Plan. Within 45 days
after receipt of the HSP under this subpart--
    (1) For Section 402 grants, the Regional Administrator shall
issue--
    (i) A letter of approval, with conditions, if any, to the
Governor's Representative for Highway Safety; or
    (ii) A letter of disapproval to the Governor's Representative for
Highway Safety informing the State of the reasons for disapproval and
requiring resubmission of the HSP with proposed revisions necessary for
approval.
    (2) For Section 405 and Section 1906 grants, the NHTSA
Administrator shall notify States in writing of grant awards and
specify any conditions or limitations imposed by law on the use of
funds.
    (c) Resubmission of disapproved Highway Safety Plan. The Regional
Administrator shall issue a letter of approval or disapproval within 30
days after receipt of a revised HSP resubmitted as provided in
paragraph (b)(1)(ii) of this section.

Sec.  1300.15   Apportionment and obligation of Federal funds.

    (a) Except as provided in paragraph (b) of this section, on October
1 of each fiscal year, or soon thereafter, the NHTSA Administrator
shall, in writing, distribute funds available for obligation under 23
U.S.C. Chapter 4 and Section 1906 to the States and specify any
conditions or limitations imposed by law on the use of the funds.
    (b) In the event that authorizations exist but no applicable
appropriation act has been enacted by October 1 of a fiscal year, the
NHTSA Administrator may, in writing, distribute a part of the funds
authorized under 23 U.S.C. Chapter 4 and Section 1906 contract
authority to the States to ensure program continuity, and in that event
shall specify any conditions or limitations imposed by law on the use
of the funds. Upon appropriation of grant funds, the NHTSA
Administrator shall, in writing, promptly adjust the obligation
limitation and specify any conditions or limitations imposed by law on
the use of the funds.
    (c) Funds distributed under paragraph (a) or (b) of this section
shall be available for expenditure by the States to satisfy the Federal
share of expenses under the approved Highway Safety Plan, and shall
constitute a contractual obligation of the Federal Government, subject
to any conditions or limitations identified in the distributing
document. Such funds shall be available for expenditure by the States
as provided in Sec.  1300.41(b), after which the funds shall lapse.
    (d) Notwithstanding the provisions of paragraph (c) of this
section, payment of State expenses of 23 U.S.C. Chapter 4 or Section
1906 funds shall be contingent upon the State's submission of up-to-
date information about approved projects in the HSP, in accordance with
Sec. Sec.  1300.11(d) and 1300.32.

Subpart C--National Priority Safety Program and Racial Profiling
Data Collection Grants

Sec.  1300.20   General.

    (a) Scope. This subpart establishes criteria, in accordance with
Section 405 for awarding grants to States that adopt and implement
programs and statutes to address national priorities for reducing
highway deaths and injuries and, in accordance with Section 1906, for
awarding grants to States that maintain and allow public inspection of
race and ethnic information on motor vehicle stops.
    (b) Definitions. As used in this subpart--
    Blood alcohol concentration or BAC means grams of alcohol per
deciliter or 100 milliliters blood, or grams of alcohol per 210 liters
of breath.
    Majority means greater than 50 percent.
    Passenger motor vehicle means a passenger car, pickup truck, van,
minivan or sport utility vehicle with a gross vehicle weight rating of
less than 10,000 pounds.
    Personal wireless communications device means a device through
which personal wireless services (commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange
access services) are transmitted, but does not include a global
navigation satellite system receiver used for positioning, emergency
notification, or navigation purposes.
    Primary offense means an offense for which a law enforcement
officer may stop a vehicle and issue a citation in the absence of
evidence of another offense.
    (c) Eligibility and application--(1) Eligibility. Except as
provided in Sec.  1300.25(c), the 50 States, the District of Columbia,
Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam and the U.S. Virgin Islands are each eligible to apply
for grants identified under this subpart.
    (2) Application. For all grants under Section 405 and Section
1906--
    (i) The Governor's Representative for Highway Safety, on behalf of
the State, shall sign and submit with the Highway Safety Plan, the
information required under Appendix B--Application Requirements for
Section 405 and Section 1906 Grants.
    (ii) If the State is relying on specific elements of the HSP as
part of its application materials for grants under this subpart, the
State shall identify the specific location in the HSP.
    (d) Qualification based on State statutes. Whenever a qualifying
State statute is the basis for a grant awarded under this subpart, such
statute shall have been enacted by the application due date and be in
effect and enforced, without interruption, by the beginning of and
throughout the fiscal year of the grant award.
    (e) Award determinations and transfer of funds. (1) Except as
provided in Sec.  1300.26(h), the amount of a grant awarded to a State
in a fiscal year under Section 405 or Section 1906 shall be in
proportion to the amount each such State received under Section 402 for
fiscal year 2009.
    (2) Notwithstanding paragraph (e)(1) of this section, and except as
provided in Sec. Sec.  1300.25(k) and 1300.28(c)(2), a grant awarded to
a State in a fiscal year under Section 405 may not exceed 10 percent of
the total amount made available for that subsection for that fiscal
year.
    (3) If it is determined after review of applications that funds for
a grant program under Section 405 will not all be distributed, such
funds shall be transferred to Section 402 and shall be distributed in
proportion to the amount each State received under Section 402 for
fiscal year 2009 to ensure, to the maximum extent practicable, that all
funding is distributed.
    (f) Matching. (1) Except as provided in paragraph (f)(2) of this
section, the Federal share of the costs of activities or programs
funded with grants awarded under this subpart may not exceed 80
percent.
    (2) The Federal share of the costs of activities or programs funded
with grants awarded to the U.S. Virgin Islands, Guam, American Samoa
and the Commonwealth of the Northern Mariana Islands shall be 100
percent.

Sec.  1300.21  Occupant protection grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(b), for awarding grants to States that adopt and
implement effective occupant protection programs to reduce highway
deaths and injuries resulting from individuals riding unrestrained or
improperly restrained in motor vehicles.
    (b) Definitions. As used in this section--
    Child restraint means any device (including a child safety seat,
booster seat used in conjunction with 3-point belts, or harness, but
excluding seat belts) that is designed for use in a motor vehicle to
restrain, seat, or position a child who weighs 65 pounds (30 kilograms)
or less and that meets the Federal motor vehicle safety standard
prescribed by NHTSA for child restraints.
    High seat belt use rate State means a State that has an observed
seat belt use rate of 90.0 percent or higher (not rounded) based on
validated data from the State survey of seat belt use conducted during
the previous calendar year, in accordance with the Uniform Criteria for
State Observational Surveys of Seat Belt Use, 23 CFR part 1340 (e.g.,
for a grant application submitted on July 1, 2016, the ``previous
calendar year'' would be 2015).
    Lower seat belt use rate State means a State that has an observed
seat belt use rate below 90.0 percent (not rounded) based on validated
data from the State survey of seat belt use conducted during the
previous calendar year, in accordance with the Uniform Criteria for
State Observational Surveys of Seat Belt Use, 23 CFR part 1340 (e.g.,
for a grant application submitted on July 1, 2016, the ``previous
calendar year'' would be 2015).
    Seat belt means, with respect to open-body motor vehicles,
including convertibles, an occupant restraint system consisting of a
lap belt or a lap belt and a detachable shoulder belt, and with respect
to other motor vehicles, an occupant restraint system consisting of
integrated lap and shoulder belts.
    (c) Eligibility determination. A State is eligible to apply for a
grant under this section as a high seat belt use rate State or as a
lower seat belt use rate State, in accordance with paragraph (d) or (e)
of this section, as applicable.
    (d) Qualification criteria for a high seat belt use rate State. To
qualify for an Occupant Protection Grant in a fiscal year, a high seat
belt use rate State (as determined by NHTSA) shall submit as part of
its HSP the following documentation, in accordance with Part 1 of
Appendix B:
    (1) Occupant protection plan. State occupant protection program
area plan that identifies the safety problems to be addressed,
performance measures and targets, and the countermeasure strategies and
planned activities the State will implement to address those problems,
at the level of detail required under Sec.  1300.11(c) and (d).
    (2) Participation in Click-it-or-Ticket national mobilization.
Description of the State's planned participation in the Click it or
Ticket national mobilization, including a list of participating
agencies during the fiscal year of the grant, as required under Sec.
1300.11(d)(6);
    (3) Child restraint inspection stations. (i) Countermeasure
strategies and planned activities, at the level of detail required
under Sec.  1300.11(d), demonstrating an active network of child
passenger safety inspection stations and/or inspection events based on
the State's problem identification. The description must include
estimates

for the following requirements in the upcoming fiscal year:
    (A) The total number of planned inspection stations and/or events
in the State; and
    (B) Within the total in paragraph (d)(3)(i)(A) of this section, the
number of planned inspection stations and/or inspection events serving
each of the following population categories: urban, rural, and at-risk.
    (ii) Certification, signed by the Governor's Representative for
Highway Safety, that the inspection stations/events are staffed with at
least one current nationally Certified Child Passenger Safety
Technician.
    (4) Child passenger safety technicians. Countermeasure strategies
and planned activities, at the level of detail required under Sec.
1300.11(d), for recruiting, training and maintaining a sufficient
number of child passenger safety technicians based on the State's
problem identification. The description must include, at a minimum, an
estimate of the total number of classes and the estimated total number
of technicians to be trained in the upcoming fiscal year to ensure
coverage of child passenger safety inspection stations and inspection
events by nationally Certified Child Passenger Safety Technicians.
    (5) Maintenance of effort. The assurance in Part 1 of Appendix B
that the lead State agency responsible for occupant protection programs
shall maintain its aggregate expenditures for occupant protection
programs at or above the average level of such expenditures in fiscal
years 2014 and 2015.
    (e) Qualification criteria for a lower seat belt use rate State. To
qualify for an Occupant Protection Grant in a fiscal year, a lower seat
belt use rate State (as determined by NHTSA) shall satisfy all the
requirements of paragraph (d) of this section, and submit as part of
its HSP documentation demonstrating that it meets at least three of the
following additional criteria, in accordance with Part 1 of Appendix B:
    (1) Primary enforcement seat belt use statute. The State shall
provide legal citations to the State law demonstrating that the State
has enacted and is enforcing occupant protection statutes that make a
violation of the requirement to be secured in a seat belt or child
restraint a primary offense.
    (2) Occupant protection statute. The State shall provide legal
citations to State law demonstrating that the State has enacted and is
enforcing occupant protection statutes that:
    (i) Require--
    (A) Each occupant riding in a passenger motor vehicle who is under
eight years of age, weighs less than 65 pounds and is less than four
feet, nine inches in height to be secured in an age-appropriate child
restraint;
    (B) Each occupant riding in a passenger motor vehicle other than an
occupant identified in paragraph (e)(2)(i)(A) of this section to be
secured in a seat belt or age-appropriate child restraint;
    (C) A minimum fine of $25 per unrestrained occupant for a violation
of the occupant protection statutes described in paragraph (e)(2)(i) of
this section.
    (ii) Notwithstanding paragraph (e)(2)(i) of this section, permit no
exception from coverage except for--
    (A) Drivers, but not passengers, of postal, utility, and commercial
vehicles that make frequent stops in the course of their business;
    (B) Persons who are unable to wear a seat belt or child restraint
because of a medical condition, provided there is written documentation
from a physician;
    (C) Persons who are unable to wear a seat belt or child restraint
because all other seating positions are occupied by persons properly
restrained in seat belts or child restraints;
    (D) Emergency vehicle operators and passengers in emergency
vehicles during an emergency;
    (E) Persons riding in seating positions or vehicles not required by
Federal Motor Vehicle Safety Standards to be equipped with seat belts;
or
    (F) Passengers in public and livery conveyances.
    (3) Seat belt enforcement. The State shall identify the
countermeasure strategies and planned activities, at the level of
detail required under Sec.  1300.11(d)(5), demonstrating that the State
conducts sustained enforcement (i.e., a program of recurring efforts
throughout the fiscal year of the grant to promote seat belt and child
restraint enforcement), and that based on the State's problem
identification, involves law enforcement agencies responsible for seat
belt enforcement in geographic areas in which at least 70 percent of
either the State's unrestrained passenger vehicle occupant fatalities
occurred or combined fatalities and serious injuries occurred.
    (4) High risk population countermeasure programs. The State shall
identify the countermeasure strategies and planned activities, at the
level of detail required under Sec.  1300.11(d), demonstrating that the
State will implement data-driven programs to improve seat belt and
child restraint use for at least two of the following at-risk
populations:
    (i) Drivers on rural roadways;
    (ii) Unrestrained nighttime drivers;
    (iii) Teenage drivers;
    (iv) Other high-risk populations identified in the occupant
protection program area plan required under paragraph (d)(1) of this
section.
    (5) Comprehensive occupant protection program. The State shall
submit the following:
    (i) Date of NHTSA-facilitated program assessment that was conducted
within five years prior to the application due date that evaluates the
occupant protection program for elements designed to increase seat belt
use in the State;
    (ii) Multi-year strategic plan based on input from Statewide
stakeholders (task force) under which the State developed--
    (A) Data-driven performance targets to improve occupant protection
in the State, at the level of detail required under Sec.  1300.11(c);
    (B) Countermeasure strategies (such as enforcement, education,
communication, policies/legislation, partnerships/outreach) designed to
achieve the performance targets of the strategic plan, at the level of
detail required under Sec.  1300.11(d);
    (C) A program management strategy that provides leadership and
identifies the State official responsible for implementing various
aspects of the multi-year strategic plan; and
    (D) An enforcement strategy that includes activities such as
encouraging seat belt use policies for law enforcement agencies,
vigorous enforcement of seat belt and child safety seat statutes, and
accurate reporting of occupant protection system information on police
accident report forms, at the level of detail required under Sec.
1300.11(d)(5).
    (iii) The name and title of the State's designated occupant
protection coordinator responsible for managing the occupant protection
program in the State, including developing the occupant protection
program area of the HSP and overseeing the execution of the projects
designated in the HSP; and
    (iv) A list that contains the names, titles and organizations of
the Statewide occupant protection task force membership that includes
agencies and organizations that can help develop, implement, enforce
and evaluate occupant protection programs.
    (6) Occupant protection program assessment. The State shall
identify the date of the NHTSA-facilitated assessment of all elements
of its occupant protection program, which

must have been conducted within three years prior to the application
due date.
    (f) Use of grant funds--(1) Eligible uses. Except as provided in
paragraph (f)(2) of this section, a State may use grant funds awarded
under 23 U.S.C. 405(b) for the following programs or purposes only:
    (i) To support high-visibility enforcement mobilizations, including
paid media that emphasizes publicity for the program, and law
enforcement;
    (ii) To train occupant protection safety professionals, police
officers, fire and emergency medical personnel, educators, and parents
concerning all aspects of the use of child restraints and occupant
protection;
    (iii) To educate the public concerning the proper use and
installation of child restraints, including related equipment and
information systems;
    (iv) To provide community child passenger safety services,
including programs about proper seating positions for children and how
to reduce the improper use of child restraints;
    (v) To establish and maintain information systems containing data
about occupant protection, including the collection and administration
of child passenger safety and occupant protection surveys; or
    (vi) To purchase and distribute child restraints to low-income
families, provided that not more than five percent of the funds
received in a fiscal year are used for such purpose.
    (2) Special rule--high seat belt use rate States. Notwithstanding
paragraph (f)(1) of this section, a State that qualifies for grant
funds as a high seat belt use rate State may elect to use up to 100
percent of grant funds awarded under this section for any eligible
project or activity under Section 402.

Sec.  1300.22  State Traffic safety information system improvements
grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(c), for grants to States to develop and implement
effective programs that improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of State safety data needed
to identify priorities for Federal, State, and local highway and
traffic safety programs; evaluate the effectiveness of such efforts;
link State data systems, including traffic records and systems that
contain medical, roadway, and economic data; improve the compatibility
and interoperability of State data systems with national data systems
and the data systems of other States; and enhance the agency's ability
to observe and analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
    (b) Qualification criteria. To qualify for a grant under this
section in a fiscal year, a State shall submit as part of its HSP the
following documentation, in accordance with part 2 of appendix B:
    (1) Traffic records coordinating committee (TRCC). The State shall
submit--
    (i) At least three meeting dates of the TRCC during the 12 months
immediately preceding the application due date;
    (ii) Name and title of the State's Traffic Records Coordinator;
    (iii) List of TRCC members by name, title, home organization and
the core safety database represented, provided that at a minimum, at
least one member represents each of the following core safety
databases:
    (A) Crash;
    (B) Citation or adjudication;
    (C) Driver;
    (D) Emergency medical services or injury surveillance system;
    (E) Roadway; and
    (F) Vehicle.
    (2) State traffic records strategic plan. The State shall submit a
Strategic Plan, approved by the TRCC, that--
    (i) Describes specific, quantifiable and measurable improvements,
as described in paragraph (b)(3) of this section, that are anticipated
in the State's core safety databases, including crash, citation or
adjudication, driver, emergency medical services or injury surveillance
system, roadway, and vehicle databases;
    (ii) Includes a list of all recommendations from its most recent
highway safety data and traffic records system assessment;
    (iii) Identifies which recommendations identified under paragraph
(b)(2)(ii) of this section the State intends to address in the fiscal
year, the countermeasure strategies and planned activities, at the
level of detail required under Sec.  1300.11(d), that implement each
recommendation, and the performance measures to be used to demonstrate
quantifiable and measurable progress; and
    (iv) Identifies which recommendations identified under paragraph
(b)(2)(ii) of this section the State does not intend to address in the
fiscal year and explains the reason for not implementing the
recommendations.
    (3) Quantitative improvement. The State shall demonstrate
quantitative improvement in the data attribute of accuracy,
completeness, timeliness, uniformity, accessibility or integration of a
core database by providing--
    (i) A written description of the performance measures that clearly
identifies which performance attribute for which core database the
State is relying on to demonstrate progress using the methodology set
forth in the ``Model Performance Measures for State Traffic Records
Systems'' (DOT HS 811 441), as updated; and
    (ii) Supporting documentation covering a contiguous 12-month
performance period starting no earlier than April 1 of the calendar
year prior to the application due date, that demonstrates quantitative
improvement when compared to the comparable 12-month baseline period.
    (4) State highway safety data and traffic records system
assessment. The State shall identify the date of the assessment of the
State's highway safety data and traffic records system that was
conducted or updated within the five years prior to the application due
date and that complies with the procedures and methodologies outlined
in NHTSA's ``Traffic Records Highway Safety Program Advisory'' (DOT HS
811 644), as updated.
    (c) Requirement for maintenance of effort. The State shall submit
the assurance in part 2 of appendix B that the lead State agency
responsible for State traffic safety information system improvements
programs shall maintain its aggregate expenditures for State traffic
safety information system improvements programs at or above the average
level of such expenditures in fiscal years 2014 and 2015.
    (d) Use of grant funds. A State may use grant funds awarded under
23 U.S.C. 405(c) to make quantifiable, measurable progress improvements
in the accuracy, completeness, timeliness, uniformity, accessibility or
integration of data in a core highway safety database.

Sec.  1300.23  Impaired driving countermeasures grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(d), for awarding grants to States that adopt and
implement effective programs to reduce traffic safety problems
resulting from individuals driving motor vehicles while under the
influence of alcohol, drugs, or the combination of alcohol and drugs;
that enact alcohol-ignition interlock laws; or that implement 24-7
sobriety programs.
    (b) Definitions. As used in this section--
    24-7 sobriety program means a State law or program that authorizes
a State court or an agency with jurisdiction, as a condition of bond,
sentence, probation, parole, or work permit, to require an individual
who was arrested for, pleads guilty to or was convicted of

driving under the influence of alcohol or drugs to--
    (i) Abstain totally from alcohol or drugs for a period of time; and
    (ii) Be subject to testing for alcohol or drugs at least twice per
day at a testing location, by continuous transdermal alcohol monitoring
via an electronic monitoring device, by drug patch, by urinalysis, by
ignition interlock monitoring (provided the interlock is able to
require tests twice a day without vehicle operation), by other types of
electronic monitoring, or by an alternative method approved by NHTSA.
    Alcohol means wine, beer, and distilled spirits.
    Average impaired driving fatality rate means the number of
fatalities in motor vehicle crashes involving a driver with a blood
alcohol concentration of at least 0.08 percent for every 100,000,000
vehicle miles traveled, based on the most recently reported three
calendar years of final data from the FARS.
    Assessment means a NHTSA-facilitated process that employs a team of
subject matter experts to conduct a comprehensive review of a specific
highway safety program in a State.
    Driving under the influence of alcohol, drugs, or a combination of
alcohol and drugs means operating a vehicle while the alcohol and/or
drug concentration in the blood or breath, as determined by chemical or
other tests, equals or exceeds the level established by the State, or
is equivalent to the standard offense, for driving under the influence
of alcohol or drugs in the State.
    Driving While Intoxicated (DWI) Court means a court that
specializes in cases involving driving while intoxicated and abides by
the Ten Guiding Principles of DWI Courts in effect on the date of the
grant, as established by the National Center for DWI Courts.
    Drugs means controlled substances, as that term is defined under
section 102(6) of the Controlled Substances Act, 21 U.S.C. 802(6).
    High-range State means a State that has an average impaired driving
fatality rate of 0.60 or higher.
    High-visibility enforcement efforts means participation in national
impaired driving law enforcement campaigns organized by NHTSA,
participation in impaired driving law enforcement campaigns organized
by the State, or the use of sobriety checkpoints and/or saturation
patrols conducted in a highly visible manner and supported by publicity
through paid or earned media.
    Low-range State means a State that has an average impaired driving
fatality rate of 0.30 or lower.
    Mid-range State means a State that has an average impaired driving
fatality rate that is higher than 0.30 and lower than 0.60.
    Restriction on driving privileges means any type of State-imposed
limitation, such as a license revocation or suspension, location
restriction, alcohol-ignition interlock device, or alcohol use
prohibition.
    Saturation patrol means a law enforcement activity during which
enhanced levels of law enforcement are conducted in a concentrated
geographic area (or areas) for the purpose of detecting drivers
operating motor vehicles while impaired by alcohol and/or other drugs.
    Sobriety checkpoint means a law enforcement activity during which
law enforcement officials stop motor vehicles on a non-discriminatory,
lawful basis for the purpose of determining whether the operators of
such motor vehicles are driving while impaired by alcohol and/or other
drugs.
    Standard offense for driving under the influence of alcohol or
drugs means the offense described in a State's statute that makes it a
criminal offense to operate a motor vehicle while under the influence
of alcohol or drugs, but does not require a measurement of alcohol or
drug content.
    (c) Eligibility determination. A State is eligible to apply for a
grant under this section as a low-range State, a mid-range State or a
high-range State, in accordance with paragraph (d), (e), or (f) of this
section, as applicable. Independent of qualification on the basis of
range, a State may also qualify for separate grants under this section
as a State with an alcohol-ignition interlock law, as provided in
paragraph (g) of this section, or as a State with a 24-7 sobriety
program, as provided in paragraph (h) of this section.
    (d) Qualification criteria for a low-range State. To qualify for an
Impaired Driving Countermeasures Grant in a fiscal year, a low-range
State (as determined by NHTSA) shall submit as part of its HSP the
assurances in part 3 of Appendix B that--
    (1) The State shall use the funds awarded under 23 U.S.C. 405(d)(1)
only for the implementation and enforcement of programs authorized in
paragraph (j) of this section; and
    (2) The lead State agency responsible for impaired driving programs
shall maintain its aggregate expenditures for impaired driving programs
at or above the average level of such expenditures in fiscal years 2014
and 2015.
    (e) Qualification criteria for a mid-range State. (1) To qualify
for an Impaired Driving Countermeasures Grant in a fiscal year, a mid-
range State (as determined by NHTSA) shall submit as part of its HSP
the assurances required in paragraph (d) of this section and a copy of
a Statewide impaired driving plan that contains the following
information, in accordance with part 3 of appendix B:
    (i) Section that describes the authority and basis for the
operation of the Statewide impaired driving task force, including the
process used to develop and approve the plan and date of approval;
    (ii) List that contains names, titles and organizations of all task
force members, provided that the task force includes key stakeholders
from the State highway safety agency, law enforcement and the criminal
justice system (e.g., prosecution, adjudication, probation) and, as
determined appropriate by the State, representatives from areas such as
24-7 sobriety programs, driver licensing, treatment and rehabilitation,
ignition interlock programs, data and traffic records, public health
and communication;
    (iii) Strategic plan based on the most recent version of Highway
Safety Program Guideline No. 8--Impaired Driving, which, at a minimum,
covers the following--
    (A) Prevention;
    (B) Criminal justice system;
    (C) Communication programs;
    (D) Alcohol and other drug misuse, including screening, treatment,
assessment and rehabilitation; and
    (E) Program evaluation and data.
    (2) Previously submitted plan. A mid-range State that has received
a grant for a previously submitted Statewide impaired driving plan
under paragraph (e)(1) or (f)(1) of this section that was developed and
approved within three years prior to the application due date may, in
lieu of submitting the plan required under paragraph (e)(1) of this
section, submit the assurances required in paragraph (d) of this
section and a separate assurance that the State continues to use the
previously submitted plan.
    (f) Qualification criteria for a high-range State. (1) To qualify
for an Impaired Driving Countermeasures Grant in a fiscal year, a high-
range State (as determined by NHTSA) shall submit as part of its HSP
the assurances required in paragraph (d) of this section, the date of a
NHTSA-facilitated assessment of the State's impaired driving program
conducted within three years prior to the application due date, a copy
of a Statewide impaired driving

plan that contains the information required in paragraphs (e)(1)(i)
through (iii) of this section and that includes the following
additional information, in accordance with part 3 of appendix B:
    (i) Review that addresses in each plan area any related
recommendations from the assessment of the State's impaired driving
program;
    (ii) Planned activities, in detail, for spending grant funds on
impaired driving activities listed in paragraph (j)(4) of this section
that must include high-visibility enforcement efforts, at the level of
detail required under Sec.  1300.11(d); and
    (iii) Description of how the spending supports the State's impaired
driving program and achievement of its performance targets, at the
level of detail required under Sec.  1300.11(d).
    (2) Previously submitted plans. If a high-range State has received
a grant for a previously submitted Statewide impaired driving plan
under paragraph (f)(1) of this section, in order to receive a grant,
the State may submit the assurances required in paragraph (d) of this
section, and provide updates to its Statewide impaired driving plan
that meet the requirements of paragraphs (e)(1)(i) through (iii) of
this section and updates to its assessment review and spending plan
that meet the requirements of paragraphs (f)(1)(i) through (iii) of
this section.
    (g) Grants to States with Alcohol-Ignition Interlock Laws. (1) To
qualify for an alcohol-ignition interlock law grant, a State shall
submit as part of its HSP legal citation(s), in accordance with part 4
of appendix B, to State statute demonstrating that the State has
enacted and is enforcing a statute that requires all individuals
convicted of driving under the influence of alcohol or of driving while
intoxicated to drive only motor vehicles with alcohol-ignition
interlocks for an authorized period of not less than 6 months.
    (2) Permitted exceptions. A State statute providing for the
following exceptions, and no others, shall not be deemed out of
compliance with the requirements of paragraph (g)(1) of this section:
    (i) 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 vehicle is not owned or controlled by the individual;
    (ii) The individual is certified in writing by a physician as being
unable to provide a deep lung breath sample for analysis by an ignition
interlock device; or
    (iii) A State-certified ignition interlock provider is not
available within 100 miles of the individual's residence.
    (h) Grants to States with a 24-7 Sobriety Program. To qualify for a
24-7 Sobriety program grant, a State shall submit the following as part
of its HSP, in accordance with part 5 of appendix B:
    (1) Legal citation(s) to State statute demonstrating that the State
has enacted and is enforcing a statute that requires all individuals
convicted of driving under the influence of alcohol or of driving while
intoxicated to receive a restriction on driving privileges, unless an
exception in paragraph (g)(2) of this section applies, for a period of
not less than 30 days; and
    (2) Legal citation(s) to State statute or submission of State
program information that authorizes a Statewide 24-7 sobriety program.
    (i) Award. (1) The amount available for grants under paragraphs (d)
through (f) of this section shall be determined based on the total
amount of eligible States for these grants and after deduction of the
amounts necessary to fund grants under 23 U.S.C. 405(d)(6).
    (2) The amount available for grants under 23 U.S.C. 405(d)(6)(A)
shall not exceed 12 percent of the total amount made available to
States under 23 U.S.C. 405(d) for the fiscal year.
    (3) The amount available for grants under 23 U.S.C. 405(d)(6)(B)
shall not exceed 3 percent of the total amount made available to States
under 23 U.S.C. 405(d) for the fiscal year.
    (j) Use of grant funds--(1) Eligible uses. Except as provided in
paragraphs (j)(2) through (5) of this section, a State may use grant
funds awarded under 23 U.S.C. 405(d) only for the following programs:
    (i) High-visibility enforcement efforts;
    (ii) Hiring a full-time or part-time impaired driving coordinator
of the State's activities to address the enforcement and adjudication
of laws regarding driving while impaired by alcohol, drugs or the
combination of alcohol and drugs;
    (iii) Court support of high-visibility enforcement efforts,
training and education of criminal justice professionals (including law
enforcement, prosecutors, judges, and probation officers) to assist
such professionals in handling impaired driving cases, hiring traffic
safety resource prosecutors, hiring judicial outreach liaisons, and
establishing driving while intoxicated courts;
    (iv) Alcohol ignition interlock programs;
    (v) Improving blood-alcohol concentration testing and reporting;
    (vi) Paid and earned media in support of high-visibility
enforcement of impaired driving laws, and conducting standardized field
sobriety training, advanced roadside impaired driving evaluation
training, and drug recognition expert training for law enforcement, and
equipment and related expenditures used in connection with impaired
driving enforcement;
    (vii) Training on the use of alcohol and drug screening and brief
intervention;
    (viii) Training for and implementation of impaired driving
assessment programs or other tools designed to increase the probability
of identifying the recidivism risk of a person convicted of driving
under the influence of alcohol, drugs, or a combination of alcohol and
drugs and to determine the most effective mental health or substance
abuse treatment or sanction that will reduce such risk;
    (ix) Developing impaired driving information systems; or
    (x) Costs associated with a 24-7 sobriety program.
    (2) Special rule--low-range States. Notwithstanding paragraph
(j)(1) of this section, a State that qualifies for grant funds as a
low-range State may elect to use--
    (i) Grant funds awarded under 23 U.S.C. 405(d) for programs
designed to reduce impaired driving based on problem identification, in
accordance with Sec.  1300.11; and
    (ii) Up to 50 percent of grant funds awarded under 23 U.S.C. 405(d)
for any eligible project or activity under Section 402.
    (3) Special rule--mid-range States. Notwithstanding paragraph
(j)(1) of this section, a State that qualifies for grant funds as a
mid-range State may elect to use grant funds awarded under 23 U.S.C.
405(d) for programs designed to reduce impaired driving based on
problem identification in accordance with Sec.  1300.11, provided the
State receives advance approval from NHTSA.
    (4) Special rule--high-range States. Notwithstanding paragraph
(j)(1) of this section, a high-range State may use grant funds awarded
under 23 U.S.C. 405(d) only for--
    (i) High-visibility enforcement efforts; and
    (ii) Any of the eligible uses described in paragraph (j)(1) of this
section or programs designed to reduce impaired driving based on
problem identification, in accordance with Sec.  1300.11, if all
proposed uses are described in a Statewide impaired driving plan
submitted to and approved by NHTSA

in accordance with paragraph (f) of this section.
    (5) Special rule--States with Alcohol-Ignition Interlock Laws or
24-7 Sobriety Programs. Notwithstanding paragraph (j)(1) of this
section, a State may elect to use grant funds awarded under 23 U.S.C.
405(d)(6) for any eligible project or activity under Section 402.

Sec.  1300.24  Distracted driving grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(e), for awarding grants to States that enact and enforce
a statute prohibiting distracted driving.
    (b) Definitions. As used in this section--
    Driving means operating a motor vehicle on a public road, and does
not include operating a motor vehicle when the vehicle has pulled over
to the side of, or off, an active roadway and has stopped in a location
where it can safely remain stationary.
    Texting means reading from or manually entering data into a
personal wireless communications device, including doing so for the
purpose of SMS texting, e-mailing, instant messaging, or engaging in
any other form of electronic data retrieval or electronic data
communication.
    (c) Qualification criteria for a Comprehensive Distracted Driving
Grant. To qualify for a Comprehensive Distracted Driving Grant in a
fiscal year, a State shall submit as part of its HSP, in accordance
with Part 6 of Appendix B--
    (1) Sample distracted driving questions from the State's driver's
license examination; and
    (2) Legal citations to the State statute demonstrating compliance
with the following requirements:
    (i) Prohibition on texting while driving. The State statute shall--
    (A) Prohibit all drivers from texting through a personal wireless
communications device while driving;
    (B) Make a violation of the statute a primary offense;
    (C) Establish a minimum fine of $25 for a violation of the statute;
and
    (D) Not include an exemption that specifically allows a driver to
text through a personal wireless communication device while stopped in
traffic.
    (ii) Prohibition on youth cell phone use while driving. The State
statute shall--
    (A) Prohibit a driver who is younger than 18 years of age or in the
learner's permit or intermediate license stage set forth in Sec.
1300.26(d) and (e) from using a personal wireless communications device
while driving;
    (B) Make a violation of the statute a primary offense;
    (C) Establish a minimum fine of $25 for a violation of the statute;
and
    (D) Not include an exemption that specifically allows a driver to
text through a personal wireless communication device while stopped in
traffic.
    (iii) Permitted exceptions. A State statute providing for the
following exceptions, and no others, shall not be deemed out of
compliance with the requirements of this section:
    (A) A driver who uses a personal wireless communications device to
contact emergency services;
    (B) Emergency services personnel who use a personal wireless
communications device while operating an emergency services vehicle and
engaged in the performance of their duties as emergency services
personnel; or
    (C) An individual employed as a commercial motor vehicle driver or
a school bus driver who uses a personal wireless communications device
within the scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to 49 U.S.C.
31136.
    (d) Use of funds for Comprehensive Distracted Driving Grants--(1)
Eligible uses. Except as provided in paragraphs (d)(2) and (3) of this
section, a State may use grant funds awarded under 23 U.S.C. 405(e)(1)
only to educate the public through advertising that contains
information about the dangers of texting or using a cell phone while
driving, for traffic signs that notify drivers about the distracted
driving law of the State, or for law enforcement costs related to the
enforcement of the distracted driving law.
    (2) Special rule. Notwithstanding paragraph (d)(1) of this section,
a State may elect to use up to 50 percent of the grant funds awarded
under 23 U.S.C. 405(e)(1) for any eligible project or activity under
Section 402.
    (3) Special rule--MMUCC conforming States. Notwithstanding
paragraphs (d)(1) and (2) of this section, a State may use up to 75
percent of amounts received under 23 U.S.C. 405(e)(1) for any eligible
project or activity under Section 402 if the State has conformed its
distracted driving data to the most recent Model Minimum Uniform Crash
Criteria (MMUCC). To demonstrate conformance with MMUCC, the State
shall submit within 30 days after notification of award, the NHTSA-
developed MMUCC Mapping spreadsheet, as described in ``Mapping to
MMUCC: A process for comparing police crash reports and state crash
databases to the Model Minimum Uniform Crash Criteria'' (DOT HS 812
184), as updated.
    (e)-(f) [Reserved]

Sec.  1300.25  Motorcyclist safety grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(f), for awarding grants to States that adopt and
implement effective programs to reduce the number of single-vehicle and
multiple-vehicle crashes involving motorcyclists.
    (b) Definitions. As used in this section--
    Data State means a State that does not have a statute or regulation
requiring that all fees collected by the State from motorcyclists for
the purposes of funding motorcycle training and safety programs are to
be used for motorcycle training and safety programs but can show
through data and/or documentation from official records that all fees
collected by the State from motorcyclists for the purposes of funding
motorcycle training and safety programs were, in fact, used for
motorcycle training and safety programs, without diversion.
    Impaired means alcohol-impaired or drug-impaired as defined by
State law, provided that the State's legal alcohol-impairment level
does not exceed .08 BAC.
    Law State means a State that has a statute or regulation requiring
that all fees collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety programs are to be
used for motorcycle training and safety programs and no statute or
regulation diverting any of those fees.
    Motorcycle means a motor vehicle with motive power having a seat or
saddle for the use of the rider and designed to travel on not more than
three wheels in contact with the ground.
    State means any of the 50 States, the District of Columbia, and
Puerto Rico.
    (c) Eligibility. The 50 States, the District of Columbia and Puerto
Rico are eligible to apply for a Motorcyclist Safety Grant.
    (d) Qualification criteria. To qualify for a Motorcyclist Safety
Grant in a fiscal year, a State shall submit as part of its HSP
documentation demonstrating compliance with at least two of the
criteria in paragraphs (e) through (j) of this section.
    (e) Motorcycle rider training course. A State shall have an
effective motorcycle rider training course that is offered throughout
the State and that provides a formal program of instruction in accident
avoidance and other safety-oriented operational skills to

motorcyclists. To demonstrate compliance with this criterion, the State
shall submit, in accordance with part 7 of appendix B--
    (1) A certification identifying the head of the designated State
authority over motorcyclist safety issues and stating that the head of
the designated State authority over motorcyclist safety issues has
approved and the State has adopted one of the following introductory
rider curricula:
    (i) Motorcycle Safety Foundation Basic Rider Course;
    (ii) TEAM OREGON Basic Rider Training;
    (iii) Idaho STAR Basic I;
    (iv) California Motorcyclist Safety Program Motorcyclist Training
Course;
    (v) A curriculum that has been approved by the designated State
authority and NHTSA as meeting NHTSA's Model National Standards for
Entry-Level Motorcycle Rider Training; and
    (2) A list of the counties or political subdivisions in the State
where motorcycle rider training courses will be conducted during the
fiscal year of the grant and the number of registered motorcycles in
each such county or political subdivision according to official State
motor vehicle records, provided the State must offer at least one
motorcycle rider training course in counties or political subdivisions
that collectively account for a majority of the State's registered
motorcycles.
    (f) Motorcyclist awareness program. A State shall have an effective
Statewide program to enhance motorist awareness of the presence of
motorcyclists on or near roadways and safe driving practices that avoid
injuries to motorcyclists. To demonstrate compliance with this
criterion, the State shall submit, in accordance with part 7 of
appendix B--
    (1) A certification identifying head of the designated State
authority over motorcyclist safety issues and stating that the State's
motorcyclist awareness program was developed by or in coordination with
the designated State authority over motorcyclist safety issues; and
    (2) One or more performance measures and corresponding performance
targets developed for motorcycle awareness at the level of detail
required under Sec.  1300.11(c) that identifies, using State crash
data, the counties or political subdivisions within the State with the
highest number of motorcycle crashes involving a motorcycle and another
motor vehicle. Such data shall be from the most recent calendar year
for which final State crash data are available, but data no older than
three calendar years prior to the application due date (e.g., for a
grant application submitted on July 1, 2016, a State shall provide
calendar year 2015 data, if available, and may not provide data older
than calendar year 2013); and
    (3) Countermeasure strategies and planned activities, at the level
of detail required under Sec.  1300.11(d), demonstrating that the State
will implement data-driven programs in a majority of counties or
political subdivisions where the incidence of crashes involving a
motorcycle and another motor vehicle is highest. The State shall submit
a list of counties or political subdivisions in the State ranked in
order of the highest to lowest number of crashes involving a motorcycle
and another motor vehicle per county or political subdivision. Such
data shall be from the most recent calendar year for which final State
crash data are available, but data no older than three calendar years
prior to the application due date (e.g., for a grant application
submitted on July 1, 2016, a State shall provide calendar year 2015
data, if available, and may not provide data older than calendar year
2013). The State shall select countermeasure strategies and planned
activities to address the State's motorcycle safety problem areas in
order to meet the performance targets identified in paragraph (f)(2) of
this section.
    (g) Reduction of fatalities and crashes involving motorcycles. A
State shall demonstrate a reduction for the preceding calendar year in
the number of motorcyclist fatalities and in the rate of motor vehicle
crashes involving motorcycles in the State (expressed as a function of
10,000 registered motorcycle registrations), as computed by NHTSA. To
demonstrate compliance a State shall, in accordance with part 7 of
appendix B--
    (1) Submit in its HSP, State data and a description of the State's
methods for collecting and analyzing the data, showing the total number
of motor vehicle crashes involving motorcycles in the State for the
most recent calendar year for which final State crash data are
available, but data no older than three calendar years prior to the
application due date and the same type of data for the calendar year
immediately prior to that calendar year (e.g., for a grant application
submitted on July 1, 2016, the State shall submit calendar year 2015
data and 2014 data, if both data are available, and may not provide
data older than calendar year 2013 and 2012, to determine the rate);
    (2) Experience a reduction of at least one in the number of
motorcyclist fatalities for the most recent calendar year for which
final FARS data are available as compared to the final FARS data for
the calendar year immediately prior to that year; and
    (3) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of crashes
involving motorcycles for the most recent calendar year for which final
State crash data are available, but data no older than three calendar
years prior to the application due date, as compared to the calendar
year immediately prior to that year.
    (h) Impaired driving program. A State shall implement a Statewide
program to reduce impaired driving, including specific measures to
reduce impaired motorcycle operation. The State shall submit, in
accordance with part 7 of appendix B--
    (1) One or more performance measures and corresponding performance
targets developed to reduce impaired motorcycle operation at the level
of detail required under Sec.  1300.11(c). Each performance measure and
performance target shall identify the impaired motorcycle operation
problem area to be addressed. Problem identification must include an
analysis of motorcycle crashes involving an impaired operator by county
or political subdivision in the State; and
    (2) Countermeasure strategies and planned activities, at the level
of detail required under Sec.  1300.11(d), demonstrating that the State
will implement data-driven programs designed to reach motorcyclists in
those jurisdictions where the incidence of motorcycle crashes involving
an impaired operator is highest (i.e., the majority of counties or
political subdivisions in the State with the highest numbers of
motorcycle crashes involving an impaired operator) based upon State
data. Such data shall be from the most recent calendar year for which
final State crash data are available, but data no older than three
calendar years prior to the application due date (e.g., for a grant
application submitted on July 1, 2016, a State shall provide calendar
year 2015 data, if available, and may not provide data older than
calendar year 2013). Countermeasure strategies and planned activities
shall prioritize the State's impaired motorcycle problem areas to meet
the performance targets identified in paragraph (h)(1).
    (i) Reduction of fatalities and accidents involving impaired
motorcyclists. A State shall demonstrate a reduction for the preceding
calendar year in the number of fatalities and in

the rate of reported crashes involving alcohol-impaired and drug-
impaired motorcycle operators (expressed as a function of 10,000
motorcycle registrations), as computed by NHTSA. The State shall, in
accordance with part 7 of appendix B--
    (1) Submit in its HSP, State data and a description of the State's
methods for collecting and analyzing the data, showing the total number
of reported crashes involving alcohol-and drug-impaired motorcycle
operators in the State for the most recent calendar year for which
final State crash data are available, but data no older than three
calendar years prior to the application due date and the same type of
data for the calendar year immediately prior to that year (e.g., for a
grant application submitted on July 1, 2016, the State shall submit
calendar year 2015 data and 2014 data, if both data are available, and
may not provide data older than calendar year 2013 and 2012, to
determine the rate);
    (2) Experience a reduction of at least one in the number of
fatalities involving alcohol-impaired and drug-impaired motorcycle
operators for the most recent calendar year for which final FARS data
are available as compared to the final FARS data for the calendar year
immediately prior to that year; and
    (3) Based on State crash data expressed as a function of 10,000
motorcycle registrations (using FHWA motorcycle registration data),
experience at least a whole number reduction in the rate of reported
crashes involving alcohol- and drug-impaired motorcycle operators for
the most recent calendar year for which final State crash data are
available, but data no older than three calendar years prior to the
application due date, as compared to the calendar year immediately
prior to that year.
    (j) Use of fees collected from motorcyclists for motorcycle
programs. A State shall have a process under which all fees collected
by the State from motorcyclists for the purposes of funding motorcycle
training and safety programs are used for motorcycle training and
safety programs. A State may qualify under this criterion as either a
Law State or a Data State.
    (1) To demonstrate compliance as a Law State, the State shall
submit, in accordance with part 7 of appendix B, the legal citation to
the statutes or regulations requiring that all fees collected by the
State from motorcyclists for the purposes of funding motorcycle
training and safety programs are to be used for motorcycle training and
safety programs and the legal citations to the State's current fiscal
year appropriation (or preceding fiscal year appropriation, if the
State has not enacted a law at the time of the State's application)
appropriating all such fees to motorcycle training and safety programs.
    (2) To demonstrate compliance as a Data State, the State shall
submit, in accordance with part 7 of appendix B, data or documentation
from official records from the previous State fiscal year showing that
all fees collected by the State from motorcyclists for the purposes of
funding motorcycle training and safety programs were, in fact, used for
motorcycle training and safety programs. Such data or documentation
shall show that revenues collected for the purposes of funding
motorcycle training and safety programs were placed into a distinct
account and expended only for motorcycle training and safety programs.
    (k) Award limitation. A grant awarded under 23 U.S.C. 405(f) may
not exceed 25 percent of the amount apportioned to the State for fiscal
year 2009 under Section 402.
    (l) Use of grant funds--(1) Eligible uses. Except as provided in
paragraph (l)(2) of this section, a State may use grant funds awarded
under 23 U.S.C. 405(f) only for motorcyclist safety training and
motorcyclist awareness programs, including--
    (i) Improvements to motorcyclist safety training curricula;
    (ii) Improvements in program delivery of motorcycle training to
both urban and rural areas, including--
    (A) Procurement or repair of practice motorcycles;
    (B) Instructional materials;
    (C) Mobile training units; and
    (D) Leasing or purchasing facilities for closed-course motorcycle
skill training;
    (iii) Measures designed to increase the recruitment or retention of
motorcyclist safety training instructors; or
    (iv) Public awareness, public service announcements, and other
outreach programs to enhance driver awareness of motorcyclists,
including ``share-the-road'' safety messages developed using Share-the-
Road model language available on NHTSA's website at http://www.trafficsafetymarketing.gov.
    (2) Special rule--low fatality States. Notwithstanding paragraph
(l)(1) of this section, a State may elect to use up to 50 percent of
grant funds awarded under 23 U.S.C. 405(f) for any eligible project or
activity under Section 402 if the State is in the lowest 25 percent of
all States for motorcycle deaths per 10,000 motorcycle registrations
(using FHWA motorcycle registration data) based on the most recent
calendar year for which final FARS data are available, as determined by
NHTSA.
    (3) Suballocation of funds. A State that receives a grant under
this section may suballocate funds from the grant to a nonprofit
organization incorporated in that State to carry out grant activities
under this section.

Sec.  1300.26  State graduated driver licensing incentive grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(g), for awarding grants to States that adopt and
implement a graduated driver's licensing statute that requires novice
drivers younger than 18 years of age to comply with a 2-stage licensing
process prior to receiving an unrestricted driver's license.
    (b) Definitions. As used in this section--
    Driving-related offense means any offense under State or local law
relating to the use or operation of a motor vehicle, including but not
limited to driving while intoxicated, misrepresentation of the
individual's age, reckless driving, driving without wearing a seat
belt, child restraint violation, speeding, prohibited use of a personal
wireless communications device, violation of the driving-related
restrictions applicable to the stages of the graduated driver's
licensing process set forth in paragraphs (d) and (e) of this section,
and moving violations. The term does not include offenses related to
motor vehicle registration, insurance, parking, or the presence or
functionality of motor vehicle equipment.
    Licensed driver means an individual who possesses a valid
unrestricted driver's license.
    Unrestricted driver's license means full, non-provisional driver's
licensure to operate a motor vehicle on public roadways.
    (c) Qualification criteria--General. To qualify for a State
Graduated Driver Licensing Incentive Grant in a fiscal year, a State
shall provide as part of its HSP legal citations to State statute
demonstrating compliance with the requirements provided in paragraphs
(d), (e), and (f) of this section, in accordance with part 8 of
appendix B.
    (d) Learner's permit stage. A State's graduated driver's licensing
statute shall include a learner's permit stage that--
    (1) Applies to any driver, prior to being issued by the State any
permit, license, or endorsement to operate a motor vehicle on public
roadways other than a learner's permit, who--
    (i) Is younger than 18 years of age; and
    (ii) Has not been issued an intermediate license or unrestricted
driver's license by any State;

    (2) Commences only after an applicant for a learner's permit passes
a vision test and a knowledge assessment (e.g., written or
computerized) covering the rules of the road, signs, and signals;
    (3) Is in effect for a period of at least 6 months, and remains in
effect until the learner's permit holder--
    (i) Reaches at least 16 years of age and enters the intermediate
stage; or
    (ii) Reaches 18 years of age;
    (4) Requires the learner's permit holder to be accompanied and
supervised, at all times while operating a motor vehicle, by a licensed
driver who is at least 21 years of age or is a State-certified driving
instructor;
    (5) Requires the learner's permit holder to either--
    (i) Complete a State-certified driver education or training course;
or
    (ii) Receive at least 50 hours of behind-the-wheel training, with
at least 10 of those hours at night, with a licensed driver who is at
least 21 years of age or is a State-certified driving instructor;
    (6) Prohibits the learner's permit holder from using a personal
wireless communications device while driving (as defined in Sec.
1300.24(b)), except as permitted under Sec.  1300.24(c)(2)(iii),
provided that the State's statute does not include an exemption that
specifically allows a driver to text through a personal wireless
communication device while stopped in traffic; and
    (7) Requires that, in addition to any other penalties imposed by
State statute, the duration of the learner's permit stage be extended
if the learner's permit holder is convicted of a driving-related
offense during the first 6 months of that stage.
    (e) Intermediate stage. A State's graduated driver's licensing
statute shall include an intermediate stage that--
    (1) Commences--
    (i) After an applicant younger than 18 years of age successfully
completes the learner's permit stage;
    (ii) Prior to the applicant being issued by the State another
permit, license, or endorsement to operate a motor vehicle on public
roadways other than an intermediate license; and
    (iii) Only after the applicant passes a behind-the-wheel driving
skills assessment;
    (2) Is in effect for a period of at least 6 months, and remains in
effect until the intermediate license holder reaches at least 17 years
of age;
    (3) Requires the intermediate license holder to be accompanied and
supervised, while operating a motor vehicle between the hours of 10:00
p.m. and 5:00 a.m. during the first 6 months of the intermediate stage,
by a licensed driver who is at least 21 years of age or is a State-
certified driving instructor, except when operating a motor vehicle for
the purposes of work, school, religious activities, or emergencies;
    (4) Prohibits the intermediate license holder from operating a
motor vehicle with more than 1 nonfamilial passenger younger than 21
years of age unless a licensed driver who is at least 21 years of age
or is a State-certified driving instructor is in the motor vehicle;
    (5) Prohibits the intermediate license holder from using a personal
wireless communications device while driving (as defined in Sec.
1300.24(b)), except as permitted under Sec.  1300.24(c)(2)(iii),
provided that the State's statute does not include an exemption that
specifically allows a driver to text through a personal wireless
communication device while stopped in traffic; and
    (6) Requires that, in addition to any other penalties imposed by
State statute, the duration of the intermediate stage be extended if
the intermediate license holder is convicted of a driving-related
offense during the first 6 months of that stage.
    (f) Enforcement. The minimum requirements described in paragraphs
(d) and (e) of this section shall be enforced as primary offenses.
    (g) Exceptions. A State that otherwise meets the minimum
requirements set forth in paragraphs (d), (e), and (f) of this section
will not be deemed ineligible for a grant under this section if--
    (1) The State enacted a statute prior to January 1, 2011,
establishing a class of permit or license that allows drivers younger
than 18 years of age to operate a motor vehicle--
    (i) In connection with work performed on, or for the operation of,
a farm owned by family members who are directly related to the
applicant or licensee; or
    (ii) If demonstrable hardship would result from the denial of a
license to the licensee or applicant, provided that the State requires
the applicant or licensee to affirmatively and adequately demonstrate
unique undue hardship to the individual; and
    (2) A driver younger than 18 years of age who possesses only the
permit or license described in paragraph (g)(1) of this section and
applies for any other permit, license, or endorsement to operate a
motor vehicle is subject to the graduated driver's licensing
requirements of paragraphs (d), (e), and (f) of this section.
    (h) Award determination. Subject to Sec.  1300.20(e)(2), the amount
of a grant award to a State in a fiscal year under 23 U.S.C. 405(g)
shall be in proportion to the amount each such State received under
Section 402 for that fiscal year.
    (i) Use of grant funds--(1) Eligible uses. Except as provided in
paragraphs (i)(2) and (3) of this section, a State may use grant funds
awarded under 23 U.S.C. 405(g) only as follows:
    (i) To enforce the State's graduated driver's licensing process;
    (ii) To provide training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement of the
State's graduated driver's licensing process;
    (iii) To publish relevant educational materials that pertain
directly or indirectly to the State's graduated driver's licensing law;
    (iv) To carry out administrative activities to implement the
State's graduated driver's licensing process; or
    (v) To carry out a teen traffic safety program described in 23
U.S.C. 402(m).
    (2) Special rule. Notwithstanding paragraph (i)(1) of this section,
a State may elect to use up to 75 percent of the grant funds awarded
under 23 U.S.C. 405(g) for any eligible project or activity under
Section 402.
    (3) Special rule--low fatality States. Notwithstanding paragraphs
(i)(1) and (2) of this section, a State may elect to use up to 100
percent of the grant funds awarded under 23 U.S.C. 405(g) for any
eligible project or activity under Section 402 if the State is in the
lowest 25 percent of all States for the number of drivers under age 18
involved in fatal crashes in the State as a percentage of the total
number of drivers under age 18 in the State, as determined by NHTSA.

Sec.  1300.27   Nonmotorized safety grants.

    (a) Purpose. This section establishes criteria, in accordance with
23 U.S.C. 405(h), for awarding grants to States for the purpose of
decreasing pedestrian and bicyclist fatalities and injuries that result
from crashes involving a motor vehicle.
    (b) Eligibility determination. A State is eligible for a grant
under this section if the State's annual combined pedestrian and
bicyclist fatalities exceed 15 percent of the State's total annual
crash fatalities based on the most recent calendar year for which final
FARS data are available, as determined by NHTSA.
    (c) Qualification criteria. To qualify for a Nonmotorized Safety
Grant in a fiscal year, a State meeting the eligibility requirements of
paragraph (b) of this section shall submit as part of its HSP the
assurances that the State shall use the funds awarded under 23 U.S.C.
405(h) only for the authorized uses identified in paragraph (d) of this

section, in accordance with part 9 of appendix B.
    (d) Use of grant funds. A State may use grant funds awarded under
23 U.S.C. 405(h) only for--
    (1) Training of law enforcement officials on State laws applicable
to pedestrian and bicycle safety;
    (2) Enforcement mobilizations and campaigns designed to enforce
State traffic laws applicable to pedestrian and bicycle safety; or
    (3) Public education and awareness programs designed to inform
motorists, pedestrians, and bicyclists of State traffic laws applicable
to pedestrian and bicycle safety.

Sec.  1300.28  Racial profiling data collection grants.

    (a) Purpose. This section establishes criteria, in accordance with
Section 1906, for incentive grants to encourage States to maintain and
allow public inspection of statistical information on the race and
ethnicity of the driver for all motor vehicle stops made on all public
roads except those classified as local or minor rural roads.
    (b) Qualification criteria. To qualify for a Racial Profiling Data
Collection Grant in a fiscal year, a State shall submit as part of its
HSP, in accordance with part 10 of appendix B--
    (1) Official documents (i.e., a law, regulation, binding policy
directive, letter from the Governor or court order) that demonstrate
that the State maintains and allows public inspection of statistical
information on the race and ethnicity of the driver for each motor
vehicle stop made by a law enforcement officer on all public roads
except those classified as local or minor rural roads; or
    (2) The assurances that the State will undertake activities during
the fiscal year of the grant to comply with the requirements of
paragraph (b)(1) of this section, and countermeasure strategies and
planned activities, at the level of detail required under Sec.
1300.11(d), supporting the assurances.
    (c) Limitation. (1) On or after October 1, 2015, a State may not
receive a grant under paragraph (b)(2) of this section in more than 2
fiscal years.
    (2) Notwithstanding Sec.  1300.20(e)(2), the total amount of a
grant awarded to a State under this section in a fiscal year may not
exceed 5 percent of the funds available under this section in the
fiscal year.
    (d) Use of grant funds. A State may use grant funds awarded under
Section 1906 only for the costs of--
    (1) Collecting and maintaining data on traffic stops; or
    (2) Evaluating the results of the data.

Subpart D--Administration of the Highway Safety Grants

Sec.  1300.30  General.

    Subject to the provisions of this subpart, the requirements of 2
CFR parts 200 and 1201 govern the implementation and management of
State highway safety programs and projects carried out under 23 U.S.C.
Chapter 4 and Section 1906.

Sec.  1300.31   Equipment.

    (a) Title. Except as provided in paragraphs (e) and (f) of this
section, title to equipment acquired under 23 U.S.C. Chapter 4 and
Section 1906 will vest upon acquisition in the State or its
subrecipient, as appropriate, subject to the conditions in paragraphs
(b) through (d) of this section.
    (b) Use. All equipment shall be used for the originally authorized
grant purposes for as long as needed for those purposes, as determined
by the Regional Administrator, and neither the State nor any of its
subrecipients or contractors shall encumber the title or interest while
such need exists.
    (c) Management and disposition. Subject to the requirements of
paragraphs (b), (d), (e), and (f) of this section, States and their
subrecipients and contractors shall manage and dispose of equipment
acquired under 23 U.S.C. Chapter 4 and Section 1906 in accordance with
State laws and procedures.
    (d) Major purchases and dispositions. Equipment with a useful life
of more than one year and an acquisition cost of $5,000 or more shall
be subject to the following requirements--
    (1) Purchases shall receive prior written approval from the
Regional Administrator;
    (2) Dispositions shall receive prior written approval from the
Regional Administrator unless the equipment has exceeded its useful
life as determined under State law and procedures.
    (e) Right to transfer title. The Regional Administrator may reserve
the right to transfer title to equipment acquired under this part to
the Federal Government or to a third party when such third party is
eligible under Federal statute. Any such transfer shall be subject to
the following requirements:
    (1) The equipment shall be identified in the grant or otherwise
made known to the State in writing;
    (2) The Regional Administrator shall issue disposition instructions
within 120 calendar days after the equipment is determined to be no
longer needed for highway safety purposes, in the absence of which the
State shall follow the applicable procedures in 2 CFR parts 200 and
1201.
    (f) Federally-owned equipment. In the event a State or its
subrecipient is provided federally-owned equipment:
    (1) Title shall remain vested in the Federal Government;
    (2) Management shall be in accordance with Federal rules and
procedures, and an annual inventory listing shall be submitted by the
State;
    (3) The State or its subrecipient shall request disposition
instructions from the Regional Administrator when the item is no longer
needed for highway safety purposes.

Sec.  1300.32  Amendments to Highway Safety Plans--approval by the
Regional Administrator.

    (a) During the fiscal year of the grant, States may amend the HSP,
except performance targets, after approval under Sec.  1300.14. States
shall document changes to the HSP electronically.
    (b) The State shall amend the HSP, prior to beginning project
performance, to provide the following information about each project
agreement it enters into:
    (1) Project agreement number;
    (2) Subrecipient;
    (3) Amount of Federal funds; and
    (4) Eligible use of funds.
    (c) Amendments and changes to the HSP are subject to approval by
the Regional Administrator before approval of vouchers for payment.
Regional Administrators will disapprove changes and projects that are
inconsistent with the HSP or that do not constitute an appropriate use
of Federal funds.

Sec.  1300.33  Vouchers and project agreements.

    (a) General. Each State shall submit official vouchers for expenses
incurred to the Regional Administrator.
    (b) Content of vouchers. At a minimum, each voucher shall provide
the following information, broken down by individual project agreement:
    (1) Project agreement number for which work was performed and
payment is sought;
    (2) Amount of Federal funds sought, up to the amount identified in
Sec.  1300.32(b);
    (3) Amount of Federal funds allocated to local benefit (provided no
less than mid-year (by March 31) and with the final voucher); and
    (4) Matching rate (or special matching writeoff used, i.e., sliding
scale rate authorized under 23 U.S.C. 120).
    (c) Project agreements. Copies of each project agreement for which
expenses are being claimed under the voucher (and supporting
documentation for the

vouchers) shall be made promptly available for review by the Regional
Administrator upon request. Each project agreement shall bear the
project agreement number to allow the Regional Administrator to match
the voucher to the corresponding project.
    (d) Submission requirements. At a minimum, vouchers shall be
submitted to the Regional Administrator on a quarterly basis, no later
than 15 working days after the end of each quarter, except that where a
State receives funds by electronic transfer at an annualized rate of
one million dollars or more, vouchers shall be submitted on a monthly
basis, no later than 15 working days after the end of each month. A
final voucher for the fiscal year shall be submitted to the Regional
Administrator no later than 90 days after the end of the fiscal year,
and all unexpended balances shall be carried forward to the next fiscal
year unless they have lapsed in accordance with Sec.  1300.41.
    (e) Payment. (1) Failure to provide the information specified in
paragraph (b) of this section shall result in rejection of the voucher.
    (2) Vouchers that request payment for projects whose project
agreement numbers or amounts claimed do not match the projects or
exceed the estimated amount of Federal funds provided under Sec.
1300.32, shall be rejected, in whole or in part, until an amended
project and/or estimated amount of Federal funds is submitted to and
approved by the Regional Administrator in accordance with Sec.
1300.32.
    (3) Failure to meet the deadlines specified in paragraph (d) of
this section may result in delayed payment.

Sec.  1300.34  [Reserved]

Sec.  1300.35  Annual report.

    Within 90 days after the end of the fiscal year, each State shall
submit electronically an Annual Report providing--
    (a) An assessment of the State's progress in achieving performance
targets identified in the prior year HSP, and a description of how the
State will adjust its upcoming HSP to better meet performance targets
if a State has not met its performance targets;
    (b) A description of the projects and activities funded and
implemented along with the amount of Federal funds obligated and
expended under the prior year HSP;
    (c) A description of the State's evidence-based enforcement program
activities;
    (d) Submission of information regarding mobilization participation
(e.g., participating and reporting agencies, enforcement activity,
citation information, paid and earned media information);
    (e) An explanation of reasons for planned activities that were not
implemented; and
    (f) A description of how the projects funded under the prior year
HSP contributed to meeting the State's highway safety performance
targets.

Sec.  1300.36  Appeals of written decision by a Regional Administrator.

    The State shall submit an appeal of any written decision by a
Regional Administrator regarding the administration of the grants in
writing, signed by the Governor's Representative for Highway Safety, to
the Regional Administrator. The Regional Administrator shall promptly
forward the appeal to the NHTSA Associate Administrator, Regional
Operations and Program Delivery. The decision of the NHTSA Associate
Administrator shall be final and shall be transmitted to the Governor's
Representative for Highway Safety through the Regional Administrator.

Subpart E--Annual Reconciliation

Sec.  1300.40  Expiration of the Highway Safety Plan.

    (a) The State's Highway Safety Plan for a fiscal year and the
State's authority to incur costs under that HSP shall expire on the
last day of the fiscal year.
    (b) Except as provided in paragraph (c) of this section, each State
shall submit a final voucher which satisfies the requirements of Sec.
1300.33(b) within 90 days after the expiration of the HSP. The final
voucher constitutes the final financial reconciliation for each fiscal
year.
    (c) The Regional Administrator may extend the time period for no
more than 30 days to submit a final voucher only in extraordinary
circumstances. States shall submit a written request for an extension
describing the extraordinary circumstances that necessitate an
extension. The approval of any such request for extension shall be in
writing, shall specify the new deadline for submitting the final
voucher, and shall be signed by the Regional Administrator.

Sec.  1300.41  Disposition of unexpended balances.

    (a) Carry-forward balances. Except as provided in paragraph (b) of
this section, grant funds that remain unexpended at the end of a fiscal
year and the expiration of an HSP shall be credited to the State's
highway safety account for the new fiscal year, and made immediately
available for use by the State, provided the State's new HSP has been
approved by the Regional Administrator pursuant to Sec.  1300.14 of
this part, including any amendments to the HSP pursuant to Sec.
1300.32.
    (b) Deobligation of funds. (1) Except as provided in paragraph
(b)(2) of this section, unexpended grant funds shall not be available
for expenditure beyond the period of three years after the last day of
the fiscal year of apportionment or allocation.
    (2) NHTSA shall notify States of any such unexpended grant funds no
later than 180 days prior to the end of the period of availability
specified in paragraph (b)(1) of this section and inform States of the
deadline for commitment. States may commit such unexpended grant funds
to a specific project by the specified deadline, and shall provide
documentary evidence of that commitment, including a copy of an
executed project agreement, to the Regional Administrator.
    (3) Grant funds committed to a specific project in accordance with
paragraph (b)(2) of this section shall remain committed to that project
and must be expended by the end of the succeeding fiscal year. The
final voucher for that project shall be submitted within 90 days after
the end of that fiscal year.
    (4) NHTSA shall deobligate unexpended balances at the end of the
time period in paragraph (b)(1) or (3) of this section, whichever is
applicable, and the funds shall lapse.

Sec.  1300.42  Post-grant adjustments.

    The expiration of an HSP does not affect the ability of NHTSA to
disallow costs and recover funds on the basis of a later audit or other
review or the State's obligation to return any funds due as a result of
later refunds, corrections, or other transactions.

Sec.  1300.43  Continuing requirements.

    Notwithstanding the expiration of an HSP, the provisions in 2 CFR
parts 200 and 1201 and 23 CFR part 1300, including but not limited to
equipment and audit, continue to apply to the grant funds authorized
under 23 U.S.C. Chapter 4 and Section 1906.

Subpart F--Non-Compliance

Sec.  1300.50  General.

    Where a State is found to be in non-compliance with the
requirements of the grant programs authorized under 23 U.S.C. Chapter 4
or Section 1906, or with other applicable law, the sanctions in
Sec. Sec.  1300.51 and 1300.52, and any other sanctions or remedies
permitted

under Federal law, including the specific conditions of 2 CFR 200.207
and 200.338, may be applied as appropriate.

Sec.  1300.51  Sanctions--reduction of apportionment.

    (a) Determination of sanctions. (1) The Administrator shall not
apportion any funds under Section 402 to any State that does not have
or is not implementing an approved highway safety program.
    (2) If the Administrator has apportioned funds under Section 402 to
a State and subsequently determines that the State is not implementing
an approved highway safety program, the Administrator shall reduce the
apportionment by an amount equal to not less than 20 percent, until
such time as the Administrator determines that the State is
implementing an approved highway safety program. The Administrator
shall consider the gravity of the State's failure to implement an
approved highway safety program in determining the amount of the
reduction.
    (i) When the Administrator determines that a State is not
implementing an approved highway safety program, the Administrator
shall issue to the State an advance notice, advising the State that the
Administrator expects to withhold funds from apportionment or reduce
the State's apportionment under Section 402. The Administrator shall
state the amount of the expected withholding or reduction.
    (ii) The State may, within 30 days after its receipt of the advance
notice, submit documentation demonstrating that it is implementing an
approved highway safety program. Documentation shall be submitted to
the NHTSA Administrator, 1200 New Jersey Avenue SE, Washington, DC
20590.
    (b) Apportionment of withheld funds. (1) If the Administrator
concludes that a State has begun implementing an approved highway
safety program, the Administrator shall promptly apportion to the State
the funds withheld from its apportionment, but not later than July 31
of the fiscal year for which the funds were withheld.
    (2)(i) If the Administrator concludes, after reviewing all relevant
documentation submitted by the State or if the State has not responded
to the advance notice, that the State did not correct its failure to
have or implement an approved highway safety program, the Administrator
shall issue a final notice, advising the State of the funds being
withheld from apportionment or of the reduction of apportionment under
Section 402 by July 31 of the fiscal year for which the funds were
withheld.
    (ii) The Administrator shall reapportion the withheld funds to the
other States, in accordance with the formula specified in 23 U.S.C.
402(c), not later than the last day of the fiscal year.

Sec.  1300.52  Sanctions--risk assessment and non-compliance.

    (a) Risk assessment. (1) All States receiving funds under the grant
programs authorized under 23 U.S.C. Chapter 4 and Section 1906 shall be
subject to an assessment of risk by NHTSA. In evaluating risks of a
State highway safety program, NHTSA may consider, but is not limited to
considering, the following for each State:
    (i) Financial stability;
    (ii) Quality of management systems and ability to meet management
standards prescribed in this part and in 2 CFR part 200;
    (iii) History of performance. The applicant's record in managing
funds received for grant programs under this part, including findings
from Management Reviews;
    (iv) Reports and findings from audits performed under 2 CFR part
200, subpart F, or from the reports and findings of any other available
audits; and
    (v) The State's ability to effectively implement statutory,
regulatory, and other requirements imposed on non-Federal entities.
    (2) If a State is determined to pose risk, NHTSA may increase
monitoring activities and may impose any of the specific conditions of
2 CFR 200.207, as appropriate.
    (b) Non-compliance. If at any time a State is found to be in non-
compliance with the requirements of the grant programs under this part,
the requirements of 2 CFR parts 200 and 1201, or with any other
applicable law, the actions permitted under 2 CFR 200.207 and 200.338
may be applied as appropriate.

BILLING CODE 4910-59-P

[GRAPHIC] [TIFF OMITTED] TR25JA18.001

[GRAPHIC] [TIFF OMITTED] TR25JA18.002

[GRAPHIC] [TIFF OMITTED] TR25JA18.003

[GRAPHIC] [TIFF OMITTED] TR25JA18.004

[GRAPHIC] [TIFF OMITTED] TR25JA18.005

[GRAPHIC] [TIFF OMITTED] TR25JA18.006

[GRAPHIC] [TIFF OMITTED] TR25JA18.007

[GRAPHIC] [TIFF OMITTED] TR25JA18.008

[GRAPHIC] [TIFF OMITTED] TR25JA18.009

[GRAPHIC] [TIFF OMITTED] TR25JA18.010

[GRAPHIC] [TIFF OMITTED] TR25JA18.011

[GRAPHIC] [TIFF OMITTED] TR25JA18.012

[GRAPHIC] [TIFF OMITTED] TR25JA18.013

[GRAPHIC] [TIFF OMITTED] TR25JA18.014

[GRAPHIC] [TIFF OMITTED] TR25JA18.015

[GRAPHIC] [TIFF OMITTED] TR25JA18.016

[GRAPHIC] [TIFF OMITTED] TR25JA18.017

[GRAPHIC] [TIFF OMITTED] TR25JA18.018

[GRAPHIC] [TIFF OMITTED] TR25JA18.019

[GRAPHIC] [TIFF OMITTED] TR25JA18.020

[GRAPHIC] [TIFF OMITTED] TR25JA18.021

[GRAPHIC] [TIFF OMITTED] TR25JA18.022

[GRAPHIC] [TIFF OMITTED] TR25JA18.023

[GRAPHIC] [TIFF OMITTED] TR25JA18.024

[GRAPHIC] [TIFF OMITTED] TR25JA18.025

[GRAPHIC] [TIFF OMITTED] TR25JA18.026

[GRAPHIC] [TIFF OMITTED] TR25JA18.027

[GRAPHIC] [TIFF OMITTED] TR25JA18.028

[GRAPHIC] [TIFF OMITTED] TR25JA18.029

[GRAPHIC] [TIFF OMITTED] TR25JA18.030

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Heidi R. King,
Deputy Administrator, National Highway Traffic Safety Administration.
[FR Doc. 2018-01266 Filed 1-24-18; 8:45 am]
BILLING CODE 4910-59-C