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. The State shall--
    (i) Experience a reduction of at least one in the number of
motorcyclist fatalities for the most recent calendar year for which
final FARS data is available as compared to the final FARS data for the
calendar year immediately prior to that year; and
    (ii) 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 is available, but data no older than two calendar
years prior to the application due date, as compared to the calendar
year immediately prior to that year.
    (2) To demonstrate compliance with this criterion, the State shall
submit--
    (i) State 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 is available, but data no older than
two 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, 2013, the State shall submit
calendar year 2012 data and 2011 data, if both data are available, and
may not provide data older than calendar year 2011 and 2010, to
determine the rate); and
    (ii) A description of the State's methods for collecting and
analyzing data submitted in paragraph (g)(2)(i) of this section,
including a description of the State's efforts to make reporting of
motor vehicle crashes involving motorcycles as complete as possible.
    (h) Impaired driving program. (1) To satisfy this criterion, a
State shall implement a statewide program to reduce impaired driving,
including specific measures to reduce impaired motorcycle operation.
The program shall--
    (i) Use State data to identify and prioritize the State's impaired
driving and impaired motorcycle operation problem areas; and
    (ii) Include specific countermeasures to reduce impaired motorcycle
operation with strategies designed to reach motorcyclists and motorists
in those jurisdictions where the incidence of motorcycle crashes
involving an impaired operator is highest.
    (2) To demonstrate compliance with this criterion, the State shall
submit--
    (i) State data used to identify and prioritize the State's impaired
driving and impaired motorcycle operation problem areas, including a
list of counties or political subdivisions in the State ranked in order
of the highest to lowest number of motorcycle crashes involving an
impaired operator per county or political subdivision. Such data shall
be from the most recent

calendar year for which final State crash data is available, but data
no older than two calendar years prior to the application due date
(e.g., for a grant application submitted on July 1, 2013, a State shall
provide calendar year 2012 data, if available, and may not provide data
older than calendar year 2011);
    (ii) A detailed description of the State's impaired driving program
as implemented, including a description of each countermeasure
established and proposed by the State to reduce impaired motorcycle
operation, the amount of funds allotted or proposed for each
countermeasure and a description of its specific strategies that are
designed to reach motorcyclists and motorists 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); and
    (iii) The legal citation(s) to the State statute or regulation
defining impairment. (A State is not eligible for a grant under this
criterion if its legal alcohol-impairment level exceeds .08 BAC.)
    (i) Reduction of fatalities and accidents involving impaired
motorcyclists. (1) To satisfy this criterion, 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--
    (i) Experience a reduction of at least one in the number of
fatalities involving alcohol-and drug-impaired motorcycle operators for
the most recent calendar year for which final FARS data is available as
compared to the final FARS data for the calendar year immediately prior
to that year; and
    (ii) 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 is
available, but data no older than two calendar years prior to the
application due date, as compared to the calendar year immediately
prior to that year.
    (2) To demonstrate compliance with this criterion, the State shall
submit--
    (i) State 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 is
available, but data no older than two 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, 2013, the State shall submit calendar year 2012 and 2011
data, if both data are available, and may not provide data older than
calendar year 2011 and 2010, to determine the rate); and
    (ii) A description of the State's methods for collecting and
analyzing data submitted in paragraph (i)(2)(i) of this section,
including a description of the State's efforts to make reporting of
crashes involving alcohol-impaired and drug-impaired motorcycle
operators as complete as possible; and
    (iii) The legal citation(s) to the State statute or regulation
defining alcohol-impaired and drug-impairment. (A State is not eligible
for a grant under this criterion if its legal alcohol-impairment level
exceeds .08 BAC.)
    (j) Use of fees collected from motorcyclists for motorcycle
programs. (1) To satisfy this criterion, 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.
    (i) A Law State is 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.
    (ii) A Data State is 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.
    (2)(i) To demonstrate compliance as a Law State, the State shall
submit the legal citation(s) to the 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 the legal
citation(s) 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.
    (ii) To demonstrate compliance as a Data State, a State shall
submit 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 the procedures
described in Sec.  1200.20(e)(1) may not exceed the amount of a grant
made to State for fiscal year 2003 under 23 U.S.C. 402.
    (l) Use of grant funds. (1) Eligible uses. A State may use grant
funds awarded under this section 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; and
    (iv) Public awareness, public service announcements, and other
outreach programs to enhance driver awareness of motorcyclists, such as
the ``share-the-road'' safety messages developed using Share-the-Road
model language available on NHTSA's Web site at http://www.trafficsafetymarketing.gov.
    (2) 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.  1200.26  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
graduated driver's licensing laws that require novice drivers younger
than 21 years of age to comply with a 2-stage licensing process prior
to receiving a full driver's license.
    (b) Definitions. As used in this section--
    Conviction-free means that, during the term of the permit or
license covered by the program, the driver has not been convicted of
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, reckless driving, driving without wearing a seat belt,
speeding, prohibited use of a personal wireless communications device,
and violation of the driving-related restrictions applicable to the
stages of the graduated driver's licensing process set forth in
paragraph (c) of this section, as well as misrepresentation of a
driver's true age.
    Driving, for purposes of paragraph (c)(2)(iii) of this section,
means operating a motor vehicle on a public road, including operation
while temporarily stationary because of traffic, a traffic light or
stop sign, or otherwise, but 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.
    Full driver's license means a license to operate a passenger motor
vehicle on public roads at all times.
    Licensed driver means a driver who possesses a valid full driver's
license.
    Novice driver means a driver who has not been issued by a State an
intermediate license or full driver's license.
    (c) Qualification criteria. (1) General. To qualify for a grant
under this section, a State shall submit the assurances in Part 6 of
Appendix D, signed by the Governor's Representative for Highway Safety,
providing legal citations to the State statute or statutes
demonstrating compliance with the requirements of paragraph (c)(2) of
this section, and provide legal citation(s) to the statute or
regulation or provide documentation demonstrating compliance with the
requirements of paragraph (c)(3) of this section.
    (2) Graduated driver's licensing law. A State's graduated driver's
licensing law shall include a learner's permit stage and an
intermediate stage meeting the following minimum requirements:
    (i) The learner's permit stage shall--
    (A) Apply to any novice driver who is younger than 21 years of age
prior to the receipt by such driver from the State of any other permit
or license to operate a motor vehicle;
    (B) Commence only after an applicant for a leaner's permit passes
vision and knowledge tests, including tests about the rules of the
road, signs, and signals;
    (C) Subject to paragraph (c)(2)(iii)(B), be in effect for a period
of at least six months, but may not expire until the driver reaches at
least 16 years of age; and
    (D) Require the learner's permit holder to--
    (1) Be accompanied and supervised by a licensed driver who is at
least 21 years of age at all times while the learner's permit holder is
operating a motor vehicle;
    (2) Receive not less than 40 hours of behind-the-wheel training
with a licensed driver who is at least 21 years of age;
    (3) Complete a driver education or training course that has been
certified by the State; and
    (4) Pass a driving skills test prior to entering the intermediate
stage or being issued another permit, license or endorsement.
    (ii) The intermediate stage shall--
    (A) Apply to any driver who has completed the learner's permit
stage and who is younger than 18 years of age;
    (B) Commence immediately after the expiration of the learner's
permit stage;
    (C) Subject to paragraph (c)(2)(iii)(B), be in effect for a period
of at least six months, but may not expire until the driver reaches at
least 18 years of age;
    (D) Require the intermediate license holder to be accompanied and
supervised by a licensed driver who is at least 21 years of age during
the period of time between the hours of 10:00 p.m. and 5:00 a.m.,
except in case of emergency; and
    (E) Prohibit the intermediate license holder from operating a motor
vehicle with more than one nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of age is in
the motor vehicle.
    (iii) During both the learner's permit and intermediate stages, the
State shall--
    (A) Impose a prohibition enforced as a primary offense on use of a
cellular telephone or any communications device by the driver while
driving, except in case of emergency; and
    (B) Require that the driver who possesses a learner's permit or
intermediate license remain conviction-free for a period of not less
than six consecutive months immediately prior to the expiration of that
stage.
    (3) Requirement for license distinguishability. The State learner's
permit, intermediate license, and full driver's license shall be
distinguishable from each other. A State may satisfy this requirement
by submitting--
    (i) Legal citations to the State statute or regulation requiring
that the State learner's permit, intermediate license, and full
driver's license be visually distinguishable:
    (ii) Sample permits and licenses that contain visual features that
would enable a law enforcement officer to distinguish between the State
learner's permit, intermediate license, and full driver's license; or
    (iii) A description of the State's system that enables law
enforcement officers in the State during traffic stops to distinguish
between the State learner's permit, intermediate license, and full
driver's license.
    (4) Exceptions. A State that otherwise meets the minimum
requirements set forth in paragraph (c)(2) of this section will not be
deemed ineligible for a grant under this section if--
    (i) The State enacted a law 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--
    (A) 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
    (B) If demonstrable hardship would result from the denial of a
license to the licensees or applicants, provided that the State
requires the applicant or licensee to affirmatively and adequately
demonstrate unique undue hardship to the individual; and
    (ii) Drivers who possess only the permit or license permitted under
paragraph (c)(4)(i) of this section are treated as novice drivers
subject to the graduated driver's licensing requirements of paragraph
(c)(2) of this section as a pre-condition of receiving any other
permit, license or endorsement.
    (d) Award. (1) Grant Amount. Subject to paragraph (d)(2) of this
section, grant funds for a fiscal year under this section shall be
allocated among States that meet the qualification criteria on the
basis of the apportionment formula under 23 U.S.C. 402 for that fiscal
year.
    (2) Limitation. Amount of grant award to a State under this section
may not exceed 10 percent of the total amount made available for
Section 405(g) for that fiscal year.
    (e) Use of grant funds. A State may use grant funds awarded under
this section as follows:
    (1) At least 25 percent of the grant funds shall be used, in
connection with the State's graduated driver's licensing law that
complies with the minimum requirements set forth in paragraph (c) of
this section, to:

    (i) Enforce the graduated driver's licensing process;
    (ii) Provide training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement of the
graduated driver's licensing process;
    (iii) Publish relevant educational materials that pertain directly
or indirectly to the State graduated driver's licensing law;
    (iv) Carry out administrative activities to implement the State's
graduated driver's licensing process; or
    (v) Carry out a teen traffic safety program described in 23 U.S.C.
402(m);
    (2) No more than 75 percent may be used for any eligible project or
activity under 23 U.S.C. 402.

Subpart D--Administration of the Highway Safety Grants

Sec.  1200.30  General.

    Subject to the provisions of this subpart, the requirements of 49
CFR part 18 and applicable cost principles govern the implementation
and management of State highway safety programs and projects carried
out under 23 U.S.C. Chapter 4. Cost principles include those referenced
in 49 CFR 18.22.

Sec.  1200.31  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 will
vest upon acquisition in the State or its subgrantee, as appropriate.
    (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 Approving Official, and neither the State nor any of its
subgrantees or contractors shall encumber the title or interest while
such need exists.
    (c) Management and disposition. Subject to the requirement of
paragraphs (b), (d), (e) and (f) of this section, States and their
subgrantees and contractors shall manage and dispose of equipment
acquired under 23 U.S.C. Chapter 4 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
Approving Official;
    (2) Dispositions shall receive prior written approval from the
Approving Official unless the age of the equipment has exceeded its
useful life as determined under State law and procedures.
    (e) Right to transfer title. The Approving Official may reserve the
right to transfer title to equipment acquired under 23 U.S.C. Chapter 4
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 Approving Official 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 49 CFR part 18.
    (f) Federally-owned equipment. In the event a State or its
subgrantee 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;
    (3) The State or its subgrantee shall request disposition
instructions from the Approving Official when the item is no longer
needed for highway safety purposes.

Sec.  1200.32  Changes--Approval of the Approving Official.

    States shall provide documentary evidence of any reallocation of
funds between program areas by submitting to the NHTSA regional office
an amended HS Form 217, reflecting the changed allocation of funds and
updated list of projects under each program area, as provided in Sec.
1200.11(e), within 30 days of implementing the change. The amended HS
Form 217 and list of projects is subject to the approval of the
Approving Official.

Sec.  1200.33  Vouchers and Project Agreements.

    (a) General. Each State shall submit official vouchers for expenses
incurred to the Approving Official.
    (b) Content of vouchers. At a minimum, each voucher shall provide
the following information for expenses claimed in each program area:
    (1) Program Area for which expenses were incurred and an
itemization of project numbers and amount of Federal funds expended for
each project for which reimbursement is being sought;
    (2) Federal funds obligated;
    (3) Amount of Federal funds allocated to local benefit (provided no
less than mid-year (by March 31) and with the final voucher);
    (4) Cumulative Total Cost to Date;
    (5) Cumulative Federal Funds Expended;
    (6) Previous Amount Claimed;
    (7) Amount Claimed this Period;
    (8) 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 Approving Official upon request. Each project agreement
shall bear the project number to allow the Approving Official to match
the voucher to the corresponding activity.
    (d) Submission requirements. At a minimum, vouchers shall be
submitted to the Approving Official 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 shall be submitted to the Approving Official no later
than 90 days after the end of the fiscal year, and all unexpended
balances shall be carried forward to the current fiscal year.
    (e) Reimbursement. (1) Failure to provide the information specified
in paragraph (b) of this section shall result in rejection of the
voucher.
    (2) Failure to meet the deadlines specified in paragraph (d) of
this section may result in delayed reimbursement.
    (3) Vouchers that request reimbursement for projects whose project
numbers or amounts claimed do not match the list of projects or exceed
the estimated amount of Federal funds provided under Sec.  1200.11(e),
or exceed the allocation of funds to a program area in the HS Form 217,
shall be rejected, in whole or in part, until an amended list of
projects and/or estimated amount of Federal funds and an amended HS
Form 217 is submitted to and approved by the Approving Official in
accordance with Sec.  1200.32.

Sec.  1200.34  Program Income.

    (a) Definition. Program income means gross income received by the
grantee or subgrantee directly generated by a program supported
activity, or earned only as a result of the grant agreement during the
period of time between the effective date of the grant award and the
expiration date of the grant award.
    (b) Inclusions. Program income includes income from fees for
services performed, from the use or rental of real

or personal property acquired with grant funds, from the sale of
commodities or items fabricated under the grant agreement, and from
payments of principal and interest on loans made with grant funds.
    (c) Exclusions. Program income does not include interest on grant
funds, rebates, credits, discounts, refunds, taxes, special
assessments, levies, fines, proceeds from the sale of real property or
equipment, income from royalties and license fees for copyrighted
material, patents, and inventions, or interest on any of these.
    (d) Use of program income. (1) Addition. Program income shall
ordinarily be added to the funds committed to the Highway Safety Plan.
Such program income shall be used to further the objectives of the
program area under which it was generated.
    (2) Cost sharing or matching. Program income may be used to meet
cost sharing or matching requirements only upon written approval of the
Approving Official. Such use shall not increase the commitment of
Federal funds.

Sec.  1200.35  Annual Report.

    Within 90 days after the end of the fiscal year, each State shall
submit an Annual Report describing--
    (a) A general assessment of the State's progress in achieving
highway safety performance measure targets identified in the Highway
Safety Plan;
    (b) A general description of the projects and activities funded and
implemented under the Highway Safety Plan;
    (c) The amount of Federal funds expended on projects from the
Highway Safety Plan; and
    (d) How the projects funded during the fiscal year contributed to
meeting the State's highway safety targets. Where data becomes
available, a State should report progress from prior year projects that
have contributed to meeting current State highway safety targets.

Sec.  1200.36  Appeals of Written Decision by Approving Official.

    Review of any written decision regarding the administration of the
grants by an Approving Official under this subpart may be obtained by
submitting a written appeal of such decision, signed by the Governor's
Representative for Highway Safety, to the Approving Official. Such
appeal shall be forwarded promptly 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 cognizant Approving Official.

Subpart E--Annual Reconciliation

Sec.  1200.40  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 Highway Safety Plan 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.
1200.33 within 90 days after the expiration of the State's Highway
Safety Plan as provided in paragraph (a) of this section. The final
voucher constitutes the final financial reconciliation for each fiscal
year.
    (c) The Approving Official may extend the time period 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
Approving Official.

Sec.  1200.41  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 a Highway Safety Plan 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 following
requirements are met:
    (1) The State's new Highway Safety Plan has been approved by the
Approving Official pursuant to Sec.  1200.14 of this part;
    (2) The State has identified Section 402 carry-forward funds by the
program area from which they are removed and identified by program area
the manner in which the carry-forward funds will be used under the new
Highway Safety Plan.
    (3) The State has identified Section 405 carry-forward funds by the
national priority safety program under which they were awarded (i.e.,
occupant protection, state traffic safety information system
improvements, impaired driving, ignition interlock, distracted driving,
motorcyclist safety or graduated driver licensing). These funds shall
not be used for any other program.
    (4) The State has submitted for approval an updated HS Form 217 for
funds identified in paragraph (a)(2) or (a)(3) of this section.
Reimbursement of costs is contingent upon the approval of updated
Highway Safety Plan and HS Form 217.
    (5) Funds carried forward from grant programs rescinded by MAP-21
shall be separately identified and shall be subject to the statutory
and regulatory requirements that were in force at the time of award.
    (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 Approving Official.
    (3) Grant funds committed to a specific project in accordance with
paragraph (b)(2) of this section shall remain committed to that project
and be expended by the end of the succeeding fiscal year. The final
voucher for that project shall be submitted within 90 days of the end
of that fiscal year.
    (4) NHTSA shall deobligate unexpended balances at the end of the
time period in paragraph (b)(1) or (b)(3) of this section, whichever is
applicable, and the funds shall lapse.

Sec.  1200.42  Post-Grant Adjustments.

    The expiration of a Highway Safety Plan 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.  1200.43  Continuing Requirements.

    Notwithstanding the expiration of a Highway Safety Plan, the
provisions for post-award requirements in 49 CFR part 18, including but
not limited to equipment and audit, continue to apply to the grant
funds authorized under 23 U.S.C. Chapter 4.

Subpart F--Non-Compliance

Sec.  1200.50  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 with applicable
law, the special conditions for high-risk grantees and the enforcement
procedures of 49 CFR part 18, the sanctions procedures in Sec.
1200.51, and any other sanctions or remedies permitted under Federal
law may be applied as appropriate.

Sec.  1200.51  Sanctions--Reduction of Apportionment.

    (a) Determination of sanctions. (1) The Administrator shall not
apportion any funds under 23 U.S.C. 402 to any State which is not
implementing an approved highway safety program.
    (2) If the Administrator has apportioned funds to a State and
subsequently determines that the State is not implementing an approved
highway safety program, the Administrator shall reduce the funds
apportioned under 23 U.S.C. 402 to the State by amounts equal to not
less than 20 percent, until such time as the Administrator determines
that the State is implementing an approved highway safety program.
    (3) 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.
    (4) If the Administrator determines that a State has begun
implementing an approved highway safety program not later than July 31
of the fiscal year for which the funds were withheld, the Administrator
shall promptly apportion to the State the funds withheld from its
apportionment.
    (5) If the Administrator determines that the State did not correct
its failure by July 31 of the fiscal year for which the funds were
withheld, 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.
    (b) Reconsideration of sanctions determination. (1) In any fiscal
year, if the Administrator determines that a State is not implementing
an approved highway safety program in accordance with 23 U.S.C. 402 and
other applicable Federal law, the Administrator shall issue to the
State an advance notice, advising the State that the Administrator
expects to either withhold funds from apportionment under 23 U.S.C.
402, or reduce the State's apportioned funds under 23 U.S.C. 402. The
Administrator shall state the amount of the expected withholding or
reduction. The advance notice will normally be sent not later than 60
days prior to final apportionment.
    (2) If the Administrator issues an advance notice to a State, under
paragraph (b)(1) of this section, the State may, within 30 days of 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.
    (3) If the Administrator decides, after reviewing all relevant
information submitted, that the State is not implementing an approved
highway safety program in accordance with 23 U.S.C. 402, the
Administrator shall issue a final notice, advising the State either of
the funds being withheld from apportionment under 23 U.S.C. 402, or of
the amount of funds reduced from the apportionment under 23 U.S.C. 402.
The final notice will normally be issued no later than September 30.
The final notice of a reduction will be issued at the time of a final
decision.

Subpart G--Special Provisions for Fiscal Year 2013 Highway Safety
Grants and Highway Safety Grants Under Prior Authorizations

Sec.  1200.60  Fiscal Year 2013 Section 402 Grants.

    Highway safety grants apportioned under 23 U.S.C. 402 for fiscal
year 2013 shall be governed by the applicable implementing regulations
at the time of grant award.

Sec.  1200.61  Fiscal Year 2013 Section 405 Grants.

    (a) For fiscal year 2013 grants authorized under 23 U.S.C. 405(b),
(c), (d), (f) and (g), a State shall submit electronically its
application as provided in Sec.  1200.11(h) to<EMAIL_ADDRESS>no
later than March 25, 2013.
    (b) If a State's application contains incomplete information, NHTSA
may request additional information from the State prior to making a
determination of award for each component of the Section 405 grant
program. Failure to respond promptly for request of additional
information may result in a State's disqualification from one or more
Section 405 grants for fiscal year 2013.
    (c) After reviewing applications and making award determinations,
NHTSA shall, in writing, distribute funds available for obligation
under Section 405 to qualifying States and specify any conditions or
limitations imposed by law on the use of the funds.
    (d) Grant awards are subject to the availability of funds. If there
are insufficient funds to award full grant amounts to qualifying
States, NHTSA may release interim amounts and release the remainder, up
to the State's proportionate share of available funds, when it becomes
available in the fiscal year.
    (e) The administration, reconciliation and noncompliance provisions
of subparts D through F of this part apply to fiscal year 2013 grants
awarded to qualifying States.

Sec.  1200.62  Pre-2013 Fiscal Year Grants.

    Highway safety grants rescinded by MAP-21 are governed by the
applicable implementing regulations at the time of grant award.

APPENDIX A TO PART 1200--CERTIFICATION AND ASSURANCES FOR HIGHWAY
SAFETY GRANTS (23 U.S.C. CHAPTER 4)

State:-----------------------------------------------------------------
Fiscal Year:--------

    Each fiscal year the State must sign these Certifications and
Assurances that it complies with all requirements including
applicable Federal statutes and regulations that are in effect
during the grant period. (Requirements that also apply to
subrecipients are noted under the applicable caption.)
    In my capacity as the Governor's Representative for Highway
Safety, I hereby provide the following certifications and
assurances:

GENERAL REQUIREMENTS

    To the best of my personal knowledge, the information submitted
in the Highway Safety Plan in support of the State's application for
Section 402 and Section 405 grants is accurate and complete.
(Incomplete or incorrect information may result in the disapproval
of the Highway Safety Plan.)
    The Governor is the responsible official for the administration
of the State highway safety program through a State highway safety
agency that has adequate powers and is suitably equipped and
organized (as evidenced by appropriate oversight procedures
governing such areas as procurement, financial administration, and
the use, management, and disposition of equipment) to carry out the
program. (23 U.S.C. 402(b)(1)(A))
    The State will comply with applicable statutes and regulations,
including but not limited to:
     23 U.S.C. Chapter 4--Highway Safety Act of 1966, as
amended
     49 CFR Part 18--Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments
     23 CFR Part 1200--Uniform Procedures for State Highway
Safety Grant Programs
    The State has submitted appropriate documentation for review to
the single point of contact designated by the Governor to review
Federal programs, as required by Executive Order 12372
(Intergovernmental Review of Federal Programs).

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)

    The State will comply with FFATA guidance, OMB Guidance on FFATA
Subward and Executive Compensation Reporting, August 27, 2010,
(https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA_Subaward_and_Executive_Compensation_Reporting_08272010.pdf) by reporting
to FSRS.gov for each sub-grant awarded:
     Name of the entity receiving the award;
     Amount of the award;
     Information on the award including transaction type,
funding agency, the North American Industry Classification System
code or Catalog of Federal Domestic Assistance number (where
applicable), program source;
     Location of the entity receiving the award and the
primary location of performance under the award, including the city,
State, congressional district, and country; and an award title
descriptive of the purpose of each funding action;
     A unique identifier (DUNS);
     The names and total compensation of the five most
highly compensated officers of the entity if:
    (i) the entity in the preceding fiscal year received--
    (I) 80 percent or more of its annual gross revenues in Federal
awards;
    (II) $25,000,000 or more in annual gross revenues from Federal
awards; and
    (ii) the public does not have access to information about the
compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986;
     Other relevant information specified by OMB guidance.

NONDISCRIMINATION

(applies to subrecipients as well as States)

    The State highway safety agency will comply with all Federal
statutes and implementing regulations relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination
on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), and the Americans with Disabilities Act
of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.),
which prohibits discrimination on the basis of disabilities (and 49
CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101-6107), which prohibits discrimination on the basis of
age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259),
which requires Federal-aid recipients and all subrecipients to
prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f) the Drug Abuse Office and Treatment Act
of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of
the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3
and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records; (i) Title VIII of the Civil Rights Act of 1968, as
amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in
the sale, rental or financing of housing; (j) any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (k) the
requirements of any other nondiscrimination statute(s) which may
apply to the application.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

    The State will provide a drug-free workplace by:
     Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession or use of
a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
     Establishing a drug-free awareness program to inform
employees about:
    [cir] The dangers of drug abuse in the workplace.
    [cir] The grantee's policy of maintaining a drug-free workplace.
    [cir] Any available drug counseling, rehabilitation, and
employee assistance programs.
    [cir] The penalties that may be imposed upon employees for drug
violations occurring in the workplace.
    [cir] Making it a requirement that each employee engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a).
     Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
    [cir] Abide by the terms of the statement.
    [cir] Notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after such conviction.
     Notifying the agency within ten days after receiving
notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction.
     Taking one of the following actions, within 30 days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted--
    [cir] Taking appropriate personnel action against such an
employee, up to and including termination.
    [cir] Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
     Making a good faith effort to continue to maintain a
drug-free workplace through implementation of all of the paragraphs
above.

BUY AMERICA ACT

(applies to subrecipients as well as States)

    The State will comply with the provisions of the Buy America Act
(49 U.S.C. 5323(j)), which contains the following requirements:
    Only steel, iron and manufactured products produced in the
United States may be purchased with Federal funds unless the
Secretary of Transportation determines that such domestic purchases
would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the
overall project contract by more than 25 percent. Clear
justification for the purchase of non-domestic items must be in the
form of a waiver request submitted to and approved by the Secretary
of Transportation.

POLITICAL ACTIVITY (HATCH ACT)

(applies to subrecipients as well as States)

    The State will comply with provisions of the Hatch Act (5 U.S.C.
1501-1508) which limits the political activities of employees whose
principal employment activities are funded in whole or in part with
Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING

(applies to subrecipients as well as States)

    Certification for Contracts, Grants, Loans, and Cooperative
Agreements
    The undersigned certifies, to the best of his or her knowledge
and belief, that:
    1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
    2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
    3. The undersigned shall require that the language of this
certification be included in the award documents for all sub-award
at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
    This certification is a material representation of fact upon
which reliance

was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING

(applies to subrecipients as well as States)

    None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local
legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative
body. Such activities include both direct and indirect (e.g.,
``grassroots'') lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local
legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

(applies to subrecipients as well as States)

    Instructions for Primary Certification
    1. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
    2. The inability of a person to provide the certification
required below will not necessarily result in denial of
participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will
be considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from
participation in this transaction.
    3. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this
transaction for cause or default.
    4. The prospective primary participant shall provide immediate
written notice to the department or agency to which this proposal is
submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
    5. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meaning set out in the
Definitions and coverage sections of 49 CFR Part 29. You may contact
the department or agency to which this proposal is being submitted
for assistance in obtaining a copy of those regulations.
    6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR
Part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
    7. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,'' provided by
the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
    8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR Part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the list of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
    9. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
    10. Except for transactions authorized under paragraph 6 of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may
terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other
Responsibility Matters-Primary Covered Transactions

    (1) The prospective primary participant certifies to the best of
its knowledge and belief, that its principals:
    (a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any
Federal department or agency;
    (b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of record, making false statements, or receiving stolen property;
    (c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or Local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
    (d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
    (2) Where the prospective primary participant is unable to
certify to any of the Statements in this certification, such
prospective participant shall attach an explanation to this
proposal.

Instructions for Lower Tier Certification

    1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
    2. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
    3. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
    4. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the
Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
    5. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency
with which this transaction originated.
    6. The prospective lower tier participant further agrees by
submitting this proposal that it will include the clause titled

``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transaction,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
    7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR Part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement
Programs.
    8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
    9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
    Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions:
    1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
    2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.

POLICY ON SEAT BELT USE

    In accordance with Executive Order 13043, Increasing Seat Belt
Use in the United States, dated April 16, 1997, the Grantee is
encouraged to adopt and enforce on-the-job seat belt use policies
and programs for its employees when operating company-owned, rented,
or personally-owned vehicles. The National Highway Traffic Safety
Administration (NHTSA) is responsible for providing leadership and
guidance in support of this Presidential initiative. For information
on how to implement such a program, or statistics on the potential
benefits and cost-savings to your company or organization, please
visit the Buckle Up America section on NHTSA's Web site at
www.nhtsa.dot.gov. Additional resources are available from the
Network of Employers for Traffic Safety (NETS), a public-private
partnership headquartered in the Washington, DC metropolitan area,
and dedicated to improving the traffic safety practices of employers
and employees. NETS is prepared to provide technical assistance, a
simple, user-friendly program kit, and an award for achieving the
President's goal of 90 percent seat belt use. NETS can be contacted
at 1<PHONE_NUMBER> or visit its Web site at www.trafficsafety.org.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

    In accordance with Executive Order 13513, Federal Leadership On
Reducing Text Messaging While Driving, and DOT Order 3902.10, Text
Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashed caused by distracted
driving, including policies to ban text messaging while driving
company-owned or -rented vehicles, Government-owned, leased or
rented vehicles, or privately-owned when on official Government
business or when performing any work on or behalf of the Government.
States are also encouraged to conduct workplace safety initiatives
in a manner commensurate with the size of the business, such as
establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education,
awareness, and other outreach to employees about the safety risks
associated with texting while driving.

ENVIRONMENTAL IMPACT

    The Governor's Representative for Highway Safety has reviewed
the State's Fiscal Year highway safety planning document and hereby
declares that no significant environmental impact will result from
implementing this Highway Safety Plan. If, under a future revision,
this Plan is modified in a manner that could result in a significant
environmental impact and trigger the need for an environmental
review, this office is prepared to take the action necessary to
comply with the National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.) and the implementing regulations of the Council on
Environmental Quality (40 CFR Parts 1500-1517).

SECTION 402 REQUIREMENTS

    The political subdivisions of this State are authorized, as part
of the State highway safety program, to carry out within their
jurisdictions local highway safety programs which have been approved
by the Governor and are in accordance with the uniform guidelines
promulgated by the Secretary of Transportation. (23 U.S.C.
402(b)(1)(B))
    At least 40 percent (or 95 percent, as applicable) of all
Federal funds apportioned to this State under 23 U.S.C. 402 for this
fiscal year will be expended by or for the benefit of the political
subdivision of the State in carrying out local highway safety
programs (23 U.S.C. 402(b)(1)(C), 402(h)(2)), unless this
requirement is waived in writing.
    The State's highway safety program provides adequate and
reasonable access for the safe and convenient movement of physically
handicapped persons, including those in wheelchairs, across curbs
constructed or replaced on or after July 1, 1976, at all pedestrian
crosswalks. (23 U.S.C. 402(b)(1)(D))
    The State will provide for an evidenced-based traffic safety
enforcement program to prevent traffic violations, crashes, and
crash fatalities and injuries in areas most at risk for such
incidents. (23 U.S.C. 402(b)(1)(E))
    The State will 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;
     Sustained enforcement of statutes addressing impaired
driving, occupant protection, and driving in excess of posted speed
limits;
     An annual statewide seat belt use survey in accordance
with 23 CFR Part 1340 for the measurement of State seat belt use
rates;
     Development of statewide data systems to provide timely
and effective data analysis to support allocation of highway safety
resources;
     Coordination of Highway Safety Plan, data collection,
and information systems with the State strategic highway safety
plan, as defined in 23 U.S.C. 148(a).

(23 U.S.C. 402(b)(1)(F))

    The State will actively encourage all relevant law enforcement
agencies in the State to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs
of Police that are currently in effect. (23 U.S.C. 402(j))
    The State will not expend Section 402 funds to carry out a
program to purchase, operate, or maintain an automated traffic
enforcement system. (23 U.S.C. 402(c)(4))
    I understand that failure to comply with applicable Federal
statutes and regulations may subject State officials to civil or
criminal penalties and/or place the State in a high risk grantee
status in accordance with 49 CFR 18.12.
    I sign these Certifications and Assurances based on personal
knowledge, after appropriate inquiry, and I understand that the
Government will rely on these representations in awarding grant
funds.
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Signature Governor's Representative for Highway Safety Date
-----------------------------------------------------------------------
Date
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Printed name of Governor's Representative for Highway Safety

APPENDIX B TO PART 1200--HIGHWAY SAFETY PROGRAM COST SUMMARY (HS-217)

State ----------
Number ----------
Date ----------

----------------------------------------------------------------------------------------------------------------
                                                                    Federally funded programs
                                    Approved      State/   ------------------------------------------   Federal
          Program area               program       local      Previous       Increase/      Current    share to
                                      costs        funds       balance      (Decrease)      Balance      local
----------------------------------------------------------------------------------------------------------------
Total NHTSA                       ............  ..........  ............  ..............  ..........  ..........
Total FHWA                        ............  ..........  ............  ..............  ..........  ..........
    Total NHTSA & FHWA            ............  ..........  ............  ..............  ..........  ..........
----------------------------------------------------------------------------------------------------------------

State Official Authorized Signature:

Name:
Title:
Date:

Federal Official Authorized Signature:

NHTSA Name:
Title:
Date:
Effective Date:
    This form is to be used to provide funding documentation for
grant programs under Title 23, United States Code. A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is --------------. Public reporting
for this collection of information is estimated to be approximately
30 minutes per response, including the time for reviewing
instructions and completing the form. All responses to this
collection of information are required to obtain or retain benefits.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE.,
Washington DC 20590.

INSTRUCTIONS FOR PROGRAM COST SUMMARY

    State--The State submitting the HS Form-217
    Number--Each HS-217 will be in sequential order by fiscal year
(e.g., 99-01, 99-02, etc.)
    Date--The date of occurrence of the accounting action(s)
described.
    Program Area--The code designating a program area (e.g., PT-99,
where PT represents the Police Traffic Services and 99 represents
the Federal fiscal year). Funds should be entered only at the
program area level, not at the task level or lower.
    Approved Program Costs--The current balance of Federal funds
approved (but not obligated) under the HSP or under any portion of
or amendment to the HSP.
    State/local Funds--Those funds which the State and its political
subdivisions are contributing to the program, including both hard
and soft match.
    Previous Balance--The balance of Federal funds obligated and
available for expenditure by the State in the current fiscal year,
as of the last Federally-approved transaction. The total of this
column may not exceed the sum of the State's current year obligation
limitation and prior year funds carried forward. (The column is left
blank on the updated Cost Summary required to be submitted under 23
CFR 1200.11(e). For subsequent submissions, the amounts in this
column are obtained from the ``Current Balance'' column of the
immediately preceding Cost Summary.)
    Increase/(Decrease)--The amount of change in Federal funding, by
program area, from the funding reflected under the ``Previous
Balance''.
    Current Balance--The net total of the ``Previous Balance'' and
the ``Increase/(Decrease)'' amounts. The total of this column may
not exceed the sum of the State's current year obligation limitation
and prior year funds carried forward.

APPENDIX C TO PART 1200--ASSURANCES FOR TEEN TRAFFIC SAFETY PROGRAM

State:-----------------------------------------------------------------

Fiscal Year:-----------------------------------------------------------

    The State has elected to implement a Teen Traffic Safety
Program--a statewide program to improve traffic safety for teen
drivers--in accordance with 23 U.S.C. 402(m).
    In my capacity as the Governor's Representative for Highway
Safety, I have verified that--
     The Teen Traffic Safety Program is a separately
described Program Area in the Highway Safety Plan, including a
specific description of the strategies and projects, and appears in
HSP page number(s) --------------------------.
     as required under 23 U.S.C. 402(m), the statewide
efforts described in the pages identified above include peer-to-peer
education and prevention strategies the State will use in schools
and communities that are designed to--
    [cir] increase seat belt use;
    [cir] reduce speeding;
    [cir] reduce impaired and distracted driving;
    [cir] reduce underage drinking; and
    [cir] reduce other behaviors by teen drivers that lead to
injuries and fatalities.
-----------------------------------------------------------------------
Signature Governor's Representative for Highway Safety
Date --------------------
-----------------------------------------------------------------------
Printed name of Governor's Representative for Highway Safety

APPENDIX D TO PART 1200--CERTIFICATIONS AND ASSURANCES FOR NATIONAL
PRIORITY SAFETY PROGRAM GRANTS (23 U.S.C. 405)

State:-----------------------------------------------------------------
Fiscal Year: ------

    Each fiscal year the State must sign these Certifications and
Assurances that it complies with all requirements, including
applicable Federal statutes and regulations that are in effect
during the grant period.
    In my capacity as the Governor's Representative for Highway
Safety, I:
     certify that, to the best of my personal knowledge, the
information submitted to the National Highway Traffic Safety
Administration in support of the State's application for Section 405
grants below is accurate and complete.
     understand that incorrect, incomplete, or untimely
information submitted in support of the State's application may
result in the denial of an award under Section 405.
     agree that, as condition of the grant, the State will
use these grant funds in accordance with the specific requirements
of Section 405(b), (c), (d), (e), (f) and (g), as applicable.
     agree that, as a condition of the grant, the State will
comply with all applicable laws and regulations and financial and
programmatic requirements for Federal grants.
-----------------------------------------------------------------------
Signature Governor's Representative for Highway Safety
-----------------------------------------------------------------------
Date
-----------------------------------------------------------------------
Printed name of Governor's Representative for Highway Safety

    Instructions: Check the box for each part for which the State is
applying for a grant, fill in relevant blanks, and identify the
attachment number or page numbers where the requested information
appears in the HSP. Attachments may be submitted electronically.

[squ] Part 1: Occupant Protection (23 CFR 1200.21)

    All States: [Fill in all blanks below.]
     The State will maintain its aggregate expenditures from
all State and local sources for occupant protection programs at or
above the average level of such expenditures in fiscal years 2010
and 2011. (23 U.S.C. 405(a)(1)(H))
     The State will participate in the Click it or Ticket
national mobilization in the fiscal year of the grant. The
description of the State's planned participation is provided as HSP
attachment or page  ----.
     The State's occupant protection plan for the upcoming
fiscal year is provided as HSP attachment or page  ----.
     Documentation of the State's active network of child
restraint inspection stations is provided as HSP attachment or page
 ----.

     The State's plan for child passenger safety technicians
is provided as HSP attachment or page  ----.
    Lower Seat belt Use States: [Check at least 3 boxes below and
fill in all blanks under those checked boxes.]
    [squ] The State's primary seat belt use law, requiring all
occupants riding in a passenger motor vehicle to be restrained in a
seat belt or a child restraint, was enacted on ----/----/---- and
last amended on ----/----/----, is in effect, and will be enforced
during the fiscal year of the grant.
Legal citation(s):
-----------------------------------------------------------------------
-----------------------------------------------------------------------

    [squ] The State's occupant protection law, requiring occupants
to be secured in a seat belt or age-appropriate child restraint
while in a passenger motor vehicle and a minimum fine of $25, was
enacted on ----/----/---- and last amended on ----/----/----, is in
effect, and will be enforced during the fiscal year of the grant.
    Legal citations:
     -------------------- Requirement for all occupants to
be secured in seat belt or age appropriate child restraint
     -------------------- Coverage of all passenger motor
vehicles
     -------------------- Minimum fine of at least $25
     -------------------- Exemptions from restraint
requirements
    [squ] The State's seat belt enforcement plan is provided as HSP
attachment or page  ----.
    [squ] The State's comprehensive occupant protection program is
provided as HSP attachment  ----.
    [Check one box below and fill in any blanks under that checked
box.]
    [squ] The State's NHTSA-facilitated occupant protection program
assessment was conducted on ----/----/----;
    OR
    [squ] The State agrees to conduct a NHTSA-facilitated occupant
protection program assessment by September 1 of the fiscal year of
the grant. (This option is available only for fiscal year 2013
grants.)

[squ] Part 2: State Traffic Safety Information System Improvements (23
CFR 1200.22)

     The State will maintain its aggregate expenditures from
all State and local sources for traffic safety information system
programs at or above the average level of such expenditures in
fiscal years 2010 and 2011.
    [Fill in at least one blank for each bullet below.]
     A copy of [check one box only] the [square] TRCC
charter or the [square] statute legally mandating a State TRCC is
provided as HSP attachment  ---- or submitted
electronically through the TRIPRS database on ----/----/----.
     A copy of meeting schedule and all reports and other
documents promulgated by the TRCC during the 12 months preceding the
application due date is provided as HSP attachment  ---- or
submitted electronically through the TRIPRS database on ----/----/--
--.
     A list of the TRCC membership and the organization and
function they represent is provided as HSP attachment  ----
or submitted electronically through the TRIPRS database on ----/----
/----.
     The name and title of the State's Traffic Records
Coordinator is
-----------------------------------------------------------------------
-----------------------------------------------------------------------
     A copy of the State Strategic Plan, including any
updates, is provided as HSP attachment  ---- or submitted
electronically through the TRIPRS database on ----/----/----.
     [Check one box below and fill in any blanks under that
checked box.]
    [squ] The following pages in the State's Strategic Plan provides
a written description of the performance measures, and all
supporting data, that the State is relying on to demonstrate
achievement of the quantitative improvement in the preceding 12
months of the application due date in relation to one or more of the
significant data program attributes: pages ----------.
    OR
    [squ] If not detailed in the State's Strategic Plan, the written
description is provided as HSP attachment  ----.
     The State's most recent assessment or update of its
highway safety data and traffic records system was completed on ----
/----/----.

[squ] Part 3: Impaired Driving Countermeasures (23 CFR 1200.23)

    All States:
     The State will maintain its aggregate expenditures from
all State and local sources for impaired driving programs at or
above the average level of such expenditures in fiscal years 2010
and 2011.
     The State will use the funds awarded under 23 U.S.C.
405(d) only for the implementation of programs as provided in 23 CFR
1200.23(i) in the fiscal year of the grant.
    Mid-Range State:
     [Check one box below and fill in any blanks under that
checked box.]
    [squ] The statewide impaired driving plan approved by a
statewide impaired driving task force was issued on ----/----/----
and is provided as HSP attachment  ----.
    OR
    [squ] For this first year of the grant as a mid-range State, the
State agrees to convene a statewide impaired driving task force to
develop a statewide impaired driving plan and submit a copy of the
plan to NHTSA by September 1 of the fiscal year of the grant.
     A copy of information describing the statewide impaired
driving task force is provided as HSP attachment  ----.
    High-Range State:
    [Check one box below and fill in any blanks under that checked
box.]
    [squ] A NHTSA-facilitated assessment of the State's impaired
driving program was conducted on ----/----/----;
    OR
    [squ] For the first year of the grant as a high-range State, the
State agrees to conduct a NHTSA-facilitated assessment by September
1 of the fiscal year of the grant;
     [Check one box below and fill in any blanks under that
checked box.]
    [squ] For the first year of the grant as a high-range State, the
State agrees to convene a statewide impaired driving task force to
develop a statewide impaired driving plan addressing recommendations
from the assessment and submit the plan to NHTSA for review and
approval by September 1 of the fiscal year of the grant;
    OR
    [squ] For subsequent years of the grant as a high-range State,
the statewide impaired driving plan developed or updated on ----/--
--/---- is provided as HSP attachment  ----.
     A copy of the information describing the statewide
impaired driving task force is provided as HSP attachment
----.
    Ignition Interlock Law: [Fill in all blanks below.]
     The State's ignition interlock law was enacted on ----/
----/---- and last amended on ----/----/----, is in effect, and will
be enforced during the fiscal year of the grant.
    Legal citation(s):
.----------------------------------------------------------------------

[squ] Part 4: Distracted Driving (23 CFR 1200.24)

    [Fill in all blanks below.]
    Prohibition on Texting While Driving
    The State's texting ban statute, prohibiting texting while
driving, a minimum fine of at least $25, and increased fines for
repeat offenses, was enacted on ----/----/---- and last amended on
----/----/----, is in effect, and will be enforced during the fiscal
year of the grant.
    Legal citations:
     -------------------- Prohibition on texting while
driving
     -------------------- Definition of covered wireless
communication devices
     -------------------- Minimum fine of at least $25 for
first offense
     -------------------- Increased fines for repeat
offenses
     -------------------- Exemptions from texting ban

Prohibition on Youth Cell Phone Use While Driving

    The State's youth cell phone use ban statute, prohibiting youth
cell phone use while driving, driver license testing of distracted
driving issues, a minimum fine of at least $25, increased fines for
repeat offenses, was enacted on ----/----/---- and last amended on
----/----/----, is in effect, and will be enforced during the fiscal
year of the grant.
    Legal citations:
     -------------------- Prohibition on youth cell phone
use while driving
     -------------------- Driver license testing of
distracted driving issues
     -------------------- Minimum fine of at least $25 for
first offense
     -------------------- Increased fines for repeat
offenses
     -------------------- Exemptions from youth cell phone
use ban

[squ] Part 5: Motorcyclist Safety (23 CFR 1200.25)

    [Check at least 2 boxes below and fill in any blanks under those
checked boxes.]
    [squ] Motorcycle riding training course:
     Copy of official State document (e.g., law, regulation,
binding policy directive,

letter from the Governor) identifying the designated State authority
over motorcyclist safety issues is provided as HSP attachment
 ----.
     Document(s) showing the designated State authority
approving the training curriculum that includes instruction in crash
avoidance and other safety-oriented operational skills for both in-
class and on-the-motorcycle is provided as HSP attachment
----.
     Document(s) regarding locations of the motorcycle rider
----.
     Document showing that certified motorcycle rider
training instructors teach the motorcycle riding training course is
provided as HSP attachment  ----.
     Description of the quality control procedures to assess
motorcycle rider training courses and instructor training courses
and actions taken to improve courses is provided as HSP attachment
 ----.
    [ballot] Motorcyclist awareness program:
     Copy of official State document (e.g., law, regulation,
binding policy directive, letter from the Governor) identifying the
designated State authority over motorcyclist safety issues is
provided as HSP attachment  ----.
     Letter from the Governor's Representative for Highway
Safety regarding the development of the motorcyclist awareness
program is provided as HSP attachment  ----.
     Data used to identify and prioritize the State's
motorcyclist safety program areas is provided as HSP attachment or
page  ----.
     Description of how the State achieved collaboration
among agencies and organizations regarding motorcycle safety issues
is provided as HSP attachment  or page ----.
     Copy of the State strategic communications plan is
provided as HSP attachment  ----.
    [ballot] Reduction of fatalities and crashes involving
motorcycles:
     Data showing the total number of motor vehicle crashes
involving motorcycles is provided as HSP attachment or page
 ----.
     Description of the State's methods for collecting and
analyzing data is provided as HSP attachment or page  ----.
    [ballot] Impaired driving program:
     Data used to identify and prioritize the State's
impaired driving and impaired motorcycle operation problem areas is
provided as HSP attachment or page  ----.
     Detailed description of the State's impaired driving
program is provided as HSP attachment or page  ----.
     The State law or regulation defines impairment. Legal
citation(s):
-----------------------------------------------------------------------
    [ballot] Reduction of fatalities and accidents involving
impaired motorcyclists:
     Data showing the total number of reported crashes
involving alcohol-impaired and drug-impaired motorcycle operators is
provided as HSP attachment or page  ----.
     Description of the State's methods for collecting and
analyzing data is provided as HSP attachment or page  ----.
     The State law or regulation defines impairment. Legal
citation(s):
-----------------------------------------------------------------------
    [ballot] Use of fees collected from motorcyclists for motorcycle
programs: [Check one box below and fill in any blanks under the
checked box.]
    [ballot] Applying as a Law State--
     The State law or regulation requires all fees collected
by the State from motorcyclists for the purpose of funding
motorcycle training and safety programs are to be used for
motorcycle training and safety programs. Legal citation(s):
-----------------------------------------------------------------------
    AND
     The State's law appropriating funds for FY ----
requires all fees collected by the State from motorcyclists for the
purpose of funding motorcycle training and safety programs be spent
on motorcycle training and safety programs. Legal citation(s):
-----------------------------------------------------------------------
    [ballot] Applying as a Data State--
     Data and/or documentation from official State records
from the previous fiscal year showing that all fees collected by the
State from motorcyclists for the purpose of funding motorcycle
training and safety programs were used for motorcycle training and
safety programs is provided as HSP attachment  ----.

[ballot] Part 6: State Graduated Driver Licensing Laws (23 CFR 1200.26)

    [Fill in all applicable blanks below.]
    The State's graduated driver licensing statute, requiring both a
learner's permit stage and intermediate stage prior to receiving a
full driver's license, was enacted on ----/----/---- and last
amended on ----/----/----, is in effect, and will be enforced during
the fiscal year of the grant.
    Learner's Permit Stage--requires testing and education, driving
restrictions, minimum duration, and applicability to novice drivers
younger than 21 years of age.
    Legal citations:
     -------------------- Testing and education requirements
     -------------------- Driving restrictions
     -------------------- Minimum duration
     -------------------- Applicability to notice drivers
younger than 21 years of age
     -------------------- Exemptions from graduated driver
licensing law
    Intermediate Stage--requires driving restrictions, minimum
duration, and applicability to any driver who has completed the
learner's permit stage and who is younger than 18 years of age.
    Legal citations:
     -------------------- Driving restrictions
     -------------------- Minimum duration
     -------------------- Applicability to any driver who
has completed the learner's permit stage and is younger than 18
years of age
     -------------------- Exemptions from graduated driver
licensing law

Additional Requirements During Both Learner's Permit and Intermediate
Stages

    Prohibition enforced as a primary offense on use of a cellular
telephone or any communications device by the driver while driving,
except in case of emergency. Legal citation(s):
-----------------------------------------------------------------------
    Requirement that the driver who possesses a learner's permit or
intermediate license remain conviction-free for a period of not less
than six consecutive months immediately prior to the expiration of
that stage. Legal citation(s):
-----------------------------------------------------------------------
    License Distinguishability (Check one box below and fill in any
blanks under that checked box.)
    [ballot] Requirement that the State learner's permit,
intermediate license, and full driver's license are visually
distinguishable. Legal citation(s):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
    OR
    [ballot] Sample permits and licenses containing visual features
that would enable a law enforcement officer to distinguish between
the State learner's permit, intermediate license, and full driver's
license, are provided as HSP attachment --------.
    OR
    [ballot] Description of the State's system that enables law
enforcement officers in the State during traffic stops to
distinguish between the State learner's permit, intermediate
license, and full driver's license, are provided as HSP attachment
--------.

APPENDIX E TO PART 1200--PARTICIPATION BY POLITICAL SUBDIVISIONS

    (a) Policy. To ensure compliance with the provisions of 23
U.S.C. 402(b)(1)(C) and 23 U.S.C. 402(h)(2), which require that at
least 40 percent or 95 percent of all Federal funds apportioned
under Section 402 to the State or the Secretary of Interior,
respectively, will be expended by political subdivisions of the
State, including Indian tribal governments, in carrying out local
highway safety programs, the NHTSA Approving Official will determine
if the political subdivisions had an active voice in the initiation,
development and implementation of the programs for which funds
apportioned under 23 U.S.C. 402 are expended.
    (b) Terms.
    Local participation refers to the minimum 40 percent or 95
percent (Indian Nations) that must be expended by or for the benefit
of political subdivisions.
    Political subdivision includes Indian tribes, for purpose and
application to the apportionment to the Secretary of Interior.
    (c) Determining local share.
    (1) In determining whether a State meets the local share
requirement in a fiscal year, NHTSA will apply the requirement
sequentially to each fiscal year's apportionments, treating all
apportionments made from a single fiscal year's authorizations as a
single entity for this purpose. Therefore, at least 40 percent of
each State's apportionments (or at least 95 percent of the
apportionment to the Secretary of Interior) from each year's
authorizations must be used in the highway safety programs of its
political subdivisions prior to the period when funds would normally
lapse.

The local participation requirement is applicable to the State's
total federally funded safety program irrespective of Standard
designation or Agency responsibility.
    (2) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a political subdivision, such expenditures are clearly
part of the local share. Local highway safety-project-related
expenditures and associated indirect costs, which are reimbursable
to the grantee local governments, are classifiable as local share.
Illustrations of such expenditures are the costs incurred by a local
government in planning and administration of highway safety project-
related activities, such as occupant protection, traffic records
system improvements, emergency medical services, pedestrian and
bicycle safety activities, police traffic services, alcohol and
other drug countermeasures, motorcycle safety, and speed control.
    (3) When Federal funds apportioned under 23 U.S.C. 402 are
expended by a State agency for the benefit of a political
subdivision, such funds may be considered as part of the local
share, provided that the political subdivision has had an active
voice in the initiation, development, and implementation of the
programs for which such funds are expended. A State may not
arbitrarily ascribe State agency expenditures as ``benefitting local
government.'' Where political subdivisions have had an active voice
in the initiation, development, and implementation of a particular
program or activity, and a political subdivision which has not had
such active voice agrees in advance of implementation to accept the
benefits of the program, the Federal share of the cost of such
benefits may be credited toward meeting the local participation
requirement. Where no political subdivisions have had an active
voice in the initiation, development, and implementation of a
particular program, but a political subdivision requests the
benefits of the program as part of the local government's highway
safety program, the Federal share of the cost of such benefits may
be credited toward meeting the local participation requirement.
Evidence of consent and acceptance of the work, goods or services on
behalf of the local government must be established and maintained on
file by the State until all funds authorized for a specific year are
expended and audits completed.
    (4) State agency expenditures which are generally not classified
as local are within such areas as vehicle inspection, vehicle
registration and driver licensing. However, where these areas
provide funding for services such as driver improvement tasks
administered by traffic courts, or where they furnish computer
support for local government requests for traffic record searches,
these expenditures are classifiable as benefitting local programs.
    (d) Waivers. While the local participation requirement may be
waived in whole or in part by the NHTSA Administrator, it is
expected that each State program will generate political subdivision
participation to the extent required by the Act so that requests for
waivers will be minimized. Where a waiver is requested, however, it
must be documented at least by a conclusive showing of the absence
of legal authority over highway safety activities at the political
subdivision levels of the State and must recommend the appropriate
percentage participation to be applied in lieu of the local share.

APPENDIX F TO PART 1200--PLANNING AND ADMINISTRATION (P&A) COSTS

    (a) Policy. 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 13 percent
of the total funds the State receives under 23 U.S.C. 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
these provisions. NHTSA funds shall be used only to finance P&A
activities attributable to NHTSA programs.
    (b) Terms.
    Direct costs are those costs identified specifically with a
particular planning and administration activity or project. The
salary of an accountant on the State Highway Safety Agency staff is
an example of a direct cost attributable to P&A. The salary of a DWI
(Driving While Intoxicated) enforcement officer is an example of
direct cost attributable to a project.
    Indirect costs are those costs (1) incurred for a common or
joint purpose benefiting more than one cost objective within a
governmental unit and (2) not readily assignable to the project
specifically benefited. For example, centralized support services
such as personnel, procurement, and budgeting would be indirect
costs.
    Planning and administration (P&A) costs are those direct and
indirect costs that are attributable to the management of the
Highway Safety Agency. Such costs could include salaries, related
personnel benefits, travel expenses, and rental costs specific to
the Highway Safety Agency.
    Program management costs are those costs attributable to a
program area (e.g., salary and travel expenses of an impaired
driving program manager/coordinator of a State Highway Safety
Agency).
    (c) Procedures. (1) P&A activities 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. Federal participation shall not exceed 50
percent (or the applicable sliding scale) of the total P&A costs. A
State shall not use NHTSA funds to pay more than 50 percent of the
P&A costs attributable to NHTSA programs. In addition, the Federal
contribution for P&A activities shall not exceed 13 percent of the
total funds in the State received under 23 U.S.C. 402 each fiscal
year.
    (2) A State at its option may allocate salary and related costs
of State highway safety agency employees to one of the following:
    (i) P&A
    (ii) Program management of one or more program areas contained
in the HSP; or
    (iii) Combination of P&A activities and the program management
activities in one or more program areas.
    (3) If an employee works solely performing P&A activities, the
total salary and related costs may be programmed to P&A. If the
employee works performing program management activities in one or
more program areas, the total salary and related costs may be
charged directly to the appropriate area(s). If an employee is
working time on a combination of P&A and program management
activities, the total salary and related costs may be charged to P&A
and the appropriate program area(s) based on the actual time worked
under each area(s). If the State Highway Safety Agency elects to
allocate costs based on actual time spent on an activity, the State
Highway Safety Agency must keep accurate time records showing the
work activities for each employee. The State's recordkeeping system
must be approved by the appropriate NHTSA Approving Official.

PART 1205--[Removed and Reserved]

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PART 1206--[REMOVED AND RESERVED]

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PART 1250--[REMOVED AND RESERVED]

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PART 1251--[REMOVED AND RESERVED]

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PART 1252--[REMOVED AND RESERVED]

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PART 1313--[REMOVED AND RESERVED]

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PART 1335--[REMOVED AND RESERVED]

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PART 1345--[REMOVED AND RESERVED]

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PART 1350--[REMOVED AND RESERVED]

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    Issued in Washington, DC, on: January 4, 2013 under authority
delegated in 49 CFR 1.95.
David L. Strickland,
Administrator, National Highway Traffic Safety Administration.
Victor M. Mendez,
Administrator, Federal Highway Administration.
[FR Doc. 2013-00682 Filed 1-16-13; 11:15 am]
BILLING CODE 4910-59-P