National Minimum Drinking Age

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Federal Highway Administration

23 CFR Part 1208

[NHTSA Docket No. 85-12; Notice 4]

RIN 2127-AF95

National Minimum Drinking Age

AGENCY: National Highway Traffic Safety Administration (NHTSA), Federal

Highway Administration (FHWA), Department of Transportation (DOT).

ACTION: Final Rule.

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SUMMARY: This final rule amends Part 1208 of title 23 of the Code of

Federal Regulations (CFR). Part 1208 prescribes the requirements

necessary to implement 23 U.S.C. 158, which established the National

Minimum Drinking Age Act. This final rule is amending Part 1208 by

removing outdated and obsolete provisions from that regulation.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT: In NHTSA: Mr. James Wright, Office of

Traffic Safety Programs, National Highway Traffic Safety

Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone

(202) 366-2724; or Ms. Heidi L. Coleman, Office of Chief Counsel, Room

5219, National Highway Traffic Safety Administration, 400 Seventh

Street, S.W., Washington, D.C. 20590, telephone (202) 366-1834. In

FHWA: Ms. Mila Plosky, Office of Highway Safety, Federal Highway

[[Page 66075]]

Administration, 400 7th Street, S.W., Washington, D.C. 20590, telephone

(202) 366-6902; or Mr. Paul Brennan, Office of the Chief Counsel,

Federal Highway Administration, 400 7th Street, S.W., Washington, D.C.

20590, telephone (202) 366-0834.

SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton directed

all Federal Departments and agencies to take a number of steps to

overhaul the nation's regulatory system. The first step was to conduct

a page-by-page review of all agency regulations now in force and

eliminate or revise those that are outdated or otherwise in need of

reform.

NHTSA and FHWA conducted a thorough, page-by-page review of all

agency regulations, including those that pertain to State and community

highway safety programs.

As a result of these efforts, NHTSA and FHWA have determined that

Part 1208 of title 23 of the Code of Federal Regulations (CFR) should

be amended, because portions of the regulation are outdated and

obsolete.

Part 1208 prescribes the requirements necessary to implement 23

U.S.C. Sec. 158, which established the National Minimum Drinking Age.

The regulation clarifies the provisions which a State must have

incorporated into its laws in order to avoid the withholding of

Federal-aid highway funds for noncompliance with the National Minimum

Drinking Age. It also describes, in detail, the consequences of

noncompliance.

The regulation was first published in the Federal Register on March

26, 1985 (51 F.R. 10376). It was amended, to reflect statutory changes

made to the National Minimum Drinking Age Act, on August 18, 1988 (53

F.R. 31318).

Some of the provisions of the regulation are no longer applicable.

For example, under the National Minimum Drinking Age (NMDA), funds

withheld from a State prior to FY 1989 remained available for

apportionment to the State for a period of time, and States were

permitted for a limited period of time to include in their laws

``grandfather rights'' for persons who were between the ages of 18 and

21. The regulation contained provisions implementing these statutory

requirements. These requirements no longer apply. Funds now withheld

under the NMDA are not available for apportionment to the State, and

grandfather rights may no longer be included in State laws. This final

rule deletes these outdated and obsolete provisions.

The NMDA provides that the Secretary must withhold from non-

complying States, ten percent of the funds required to be apportioned

under 23 U.S.C. Secs. 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6). At

the time the NMDA was enacted, these sections corresponded with the

Federal-aid primary, secondary, Interstate and urban systems funding

categories.

The Intermodal Surface Transportation Efficiency Act of 1991

(ISTEA), which was enacted on December 18, 1991, revised or eliminated

these funding categories, and created new ones, including the National

Highway System (NHS) and the Surface Transportation Program (STP). The

Interstate System funding category was maintained, although the

Interstate system itself is now a component of NHS. The Interstate

funding category involves resurfacing, restoring, rehabilitating and

reconstruction.

Since the enactment of ISTEA, the agencies have administered the

penalty provisions of 23 U.S.C. Sec. 158 by withholding ten percent of

a State's apportionments for the NHS, STP and Interstate System

programs (23 U.S.C. Secs. 104(b)(1), 104(b)(3) and 104(b)(5)), the

successors to the funding categories referenced in the NMDA. However,

the NMDA has not been amended to reflect the changes made to the

funding categories by ISTEA. Accordingly, the implementing regulation

for NMDA continues to reflect the language contained in the NMDA. This

final rule does not amend this portion of the regulation.

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures.

The agencies have determined that this action is not a significant

regulatory action within the meaning of Executive Order 12866 or

significant within the meaning of Department of Transportation

Regulatory Policies and Procedures. This final rule does not impose any

additional burden on the public. It is technical in nature and does not

change the requirements of the program. It is anticipated that there

will be no economic impact as a result of this rulemaking. Accordingly,

a full regulatory evaluation is not required and was not prepared.

(b) Regulatory Flexibility Act.

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,

5 U.S.C. 601-612), the agencies have evaluated the effects of this rule

on small entities. Based on the evaluation, the agencies hereby certify

that this action will not have a significant impact on a substantial

number of small entities. Accordingly, a Regula-tory Flexibility

Analysis is not necessary and was not prepared.

(c) Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive order 12612, and it has been determined

that this action does not have sufficient federalism implications to

warrant the preparation of a federalism assessment.

(d) Paperwork Reduction Act.

This action does not contain a collection of information

requirement for purposes of the Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq.

(e) National Environmental Policy Act.

The agencies have analyzed this action for the purpose of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

have determined that implementation of this action will not have any

significant impact on the quality of the human environment.

(f) Executive Order 12778 (Civil Justice Reform)

This amendment to the regulation does not have any preemptive or

retroactive effect. It imposes no requirements on the States, but

rather simply removes from the regulation outdated and obsolete

provisions that no longer apply. The enabling legislation does not

establish a procedure for judicial review of final rules promulgated

under its provisions. There is no requirement that individuals submit a

petition for reconsideration or other administrative proceedings before

they may file suit in court.

Notice and Comment

Because the amendments relate to a grant program and are therefore

not covered by the Administrative Procedure Act, and since they merely

contain technical changes that remove outdated and obsolete provisions

from the regulation and do not impose any additional requirements, the

amendments are being made without prior notice and opportunity to

comment.

List of Subjects in 23 CFR Part 1208

Alcohol, Highway Safety.

In accordance with the foregoing, Part 1208 of Title 23 of the Code

of Federal Regulations is amended as follows:

[[Page 66076]]

PART 1208--[AMENDED]

1. The authority citation for Part 1208 continues to read as

follows:

Authority: 23 U.S.C. 158; delegation of authority at 49 CFR 1.48

and 1.50.

2. Section 1208.4 is revised to read as follows:

Sec. 1208.4 Adoption of National Minimum Drinking Age.

The Secretary shall withhold ten percent of the amount required to

be apportioned to any State under each of Secs. 104(b)(1), 104(b)(2),

104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each

fiscal year in which the purchase or public possession in such State of

any alcoholic beverage by a person who is less than twenty-one years of

age is lawful.

3. Section 1208.5 is revised to read as follows:

Sec. 1208.5 Unavailability of withheld funds.

Funds withheld under Sec. 1208.4 from apportionment to any State

will not be available for apportionment to the State.

Secs. 1208.6--1208.8 [Removed]

4. Sections 1208.6 through 1208.8 are removed.

Sec. 1208.9 [Redesignated as Sec. 1208.6]

5. Section 1208.9 is redesignated as 1208.6.

Issued on: December 18, 1995.

Rodney E. Slater,

Administrator, Federal Highway Administration.

Ricardo Martinez,

Administrator, National Highway Traffic Safety Administration

[FR Doc. 95-31118 Filed 12-20-95; 8:45 am]

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