Operation of Motor Vehicles by Intoxicated Minors

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Federal Highway Administration

23 CFR Part 1210

[NHTSA Docket No. 96-007; Notice 1]

RIN 2127-AG20

Operation of Motor Vehicles by Intoxicated Minors

AGENCY: National Highway Traffic Safety Administration (NHTSA) and

Federal Highway Administration (FHWA), Department of Transportation

(DOT).

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This notice proposes to implement a new program enacted by the

National Highway System Designation (NHS) Act of 1995, which provides

for the withholding of Federal-aid highway funds from any State that

does not enact and enforce a ``zero tolerance'' law. This notice

solicits comments on a proposed regulation to clarify what States must

do to avoid the withholding of funds.

DATES: Comments must be received by April 22, 1996.

ADDRESSES: Written comments should refer to the docket number and the

number of this notice and be submitted (preferably in ten copies) to:

Docket Section, National Highway Traffic Safety Administration, Room

5109, Nassif Building, 400 Seventh Street, S.W., Washington, D.C.

20590. (Docket hours are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT: In NHTSA: Ms. Marlene Markison, Office

of State and Community Services, NSC-01, telephone (202) 366-2121; or

Ms. Heidi L. Coleman, Office of Chief Counsel, NCC-30, telephone (202)

366-1834.

In FHWA: Ms. Mila Plosky, Office of Highway Safety, HHS-20,

telephone (202) 366-6902; or Mr. Raymond W. Cuprill, HCC-20, telephone

(202) 366-0834.

SUPPLEMENTARY INFORMATION: The National Highway System Designation

(NHS) Act of 1995, Pub. L. 104-59, was signed into law on November 28,

1995. Section 320 of the Act established a new Section 161 of Title 23,

United States Code (Section 161), which requires the withholding of

certain Federal-aid highway funds from States that do not enact and

enforce ``zero tolerance'' laws. Section 161 provides that these ``zero

tolerance'' laws must consider an individual under the age of 21 who

has a blood alcohol concentration of 0.02 percent or greater while

operating a motor vehicle in the State, to be driving while intoxicated

or driving under the influence of alcohol.

In a letter to Senator Robert Byrd, who sponsored the zero

tolerance legislation, President Clinton stated:

Drinking and driving by young people is one of the nation's most

serious threats to public health and public safety. I am deeply

concerned about this ongoing tragedy which kills thousands of young

people every year. It's against the law for young people to drink.

It should be against the law for young people to drink and drive. *

* *

A decade ago, we decided as a nation that the minimum drinking

age should be 21. In 1984, President Reagan signed bipartisan

legislation to achieve this goal, and today all 50 states have

enacted such laws. Our efforts are paying off--drunk driving among

people under 21 have been cut in half since 1984.

But we must do more. * * * If all states had [''zero

tolerance''] laws hundreds more lives could be saved and thousands

of injuries could be prevented.

Senator Byrd stated, when he introduced the legislation:

My amendment builds upon one of the most important--and

successful--Federal initiatives related to alcohol and minors--a

1984 requirement that States adopt laws prohibiting the possession

or purchase of alcohol by anyone younger than twenty-one years of

age * * *

NHTSA has estimated that the 21-year-old drinking age has saved

8400 lives since 1984. Further, in 1993, * * * the 21-year-old

drinking age requirement is estimated to have saved $1.8 billion in

economic costs to our society * * *

The Congress should now take the next step, and explicitly

state, as a matter of law, that minors are not allowed to drink and

drive. My amendment is simple and straight forward--since it is

illegal for minors under the age of 21 to * * * publicly possess

or purchase alcohol--any level of consumption that is coupled with

driving should be treated, under the requirements of each State's

laws, as driving while intoxicated * * *

Under my amendment, the message to that minor is clear: you

cannot drink and drive. Period. And, hopefully, this type of tough

and absolute requirement in the law will encourage our young people

not to drink at all.

Similar sentiments were expressed by Congresswoman Lowey, who

sponsored zero tolerance legislation in the U.S. House of

Representatives.

Adoption of Zero Tolerance Law

Section 161 specifically provides that the Secretary must withhold

from apportionment a portion of Federal-aid highway funds from any

State that does not meet certain statutory requirements. To avoid such

withholding, a State must enact and enforce a law that considers an

individual under the age of 21 who has a blood alcohol concentration of

0.02 percent or greater while operating a motor vehicle in the State,

to be driving while intoxicated or driving under the influence of

alcohol.

Any State that does not enact and enforce a conforming zero

tolerance law will be subject to a withholding from apportionment a

portion of its Federal-aid highway funds. In accordance with Section

161, if a State does not meet the statutory requirements on October 1,

1998, five percent of its FY 1999 Federal-aid highway apportionment

under 23 U.S.C. 104(b)(1), 104(b)(3) and 104(b)(5)(B) shall be withheld

on that date. These sections relate to the National Highway System

(NHS), the

[[Page 9122]]

Surface Transportation Program (STP) and the Interstate System.

If the State does not meet the statutory requirements on October 1,

1999, ten percent of its FY 2000 apportionment will be withheld on that

date. Ten percent will continue to be withheld on October 1 of each

subsequent fiscal year, if the State does not meet the requirements on

those dates.

Compliance Criteria

To avoid the withholding from apportionment of Federal-aid highway

funds, Section 161 provides that a State must enact and enforce:

A law that considers an individual under the age of 21 who has a

blood alcohol concentration of 0.02 percent or greater while

operating a motor vehicle in the State to be driving while

intoxicated or driving under the influence of alcohol.

Section 161 does not define any of these terms, and it does not

contain many details about what conforming State laws must provide. For

example, it does not specify the penalties that must be imposed on

offenders who violate such zero tolerance laws. Since Section 161 does

not prescribe the penalties that must be imposed on offenders who

violate zero tolerance laws, the agencies are proposing not to specify

any minimum penalties in the implementing regulation.

The agencies believe that, while Congress intended to encourage all

States to enact and enforce effective zero tolerance laws, it also

intended to provide States with sufficient flexibility so they could

develop laws that suit the particular conditions that exist in those

States. Accordingly, Section 161 prescribes only a limited number of

basic elements that State laws must meet to avoid the withholding of

Federal-aid highway funds.

In this notice, the agencies propose to define these basic

elements. These elements are described below:

1. Under the Age of 21.

To avoid the withholding of funds, a State must enact and enforce a

zero tolerance law that applies to all persons under the age of 21.

The agencies are aware of four States that currently have laws

under which individuals who have a blood alcohol concentration of 0.02

percent or greater while operating a motor vehicle in the State are

considered to be driving while intoxicated or driving under the

influence of alcohol, only if those individuals are under the age of

18. Since these laws do not apply to individuals between the ages of 18

and 21, they would not conform to the Federal requirement.

2. Blood Alcohol Concentration of 0.02 Percent.

To avoid the withholding of funds, a State must set 0.02 percent as

the legal limit for blood alcohol concentration. States with laws that

set a lower percentage (such as 0.00 percent) as the legal limit would

also conform to the Federal requirement.

The agencies are aware of four States that currently have laws

under which individuals under the age of 21 are considered to be

driving while intoxicated or driving under the influence of alcohol, if

they have a blood alcohol concentration of 0.04 or 0.07 percent. Since

these laws do not reach individuals under the age of 21 who have a

blood alcohol concentration of 0.02 percent, they would not conform to

the Federal requirement.

3. Per Se Law.

To avoid the withholding of funds, a State must consider

individuals under the age of 21 who have a blood alcohol concentration

of 0.02 percent or greater while operating a motor vehicle in the State

to be driving while intoxicated or driving under the influence of

alcohol.

In other words, States must establish a 0.02 ``per se'' law for

persons under the age of 21, that makes driving with a BAC of 0.02

percent or above itself an offense for such persons.

The agencies are aware of one State that currently has a law that

makes it unlawful for persons under the age of 21 to drive while

intoxicated or drive under the influence of alcohol, but provides that

a BAC of 0.02 percent or above is only prima facie evidence of driving

while intoxicated or driving under the influence of alcohol. Since the

law does not make the operation of a motor vehicle by an individual

under the age of 21 with a blood alcohol concentration of 0.02 a ``per

se'' offense, this law would not conform to the Federal requirement.

4. Primary Enforcement.

To avoid the withholding of funds, a State must enact and enforce a

zero tolerance law that provides for primary enforcement.

The agencies are aware of one State that currently has a law under

which individuals under the age of 21 who have a blood alcohol

concentration of 0.02 or greater while operating a motor vehicle in the

State are considered to be driving while intoxicated or driving under

the influence of alcohol. Enforcement of this law, however, may be

accomplished only as a secondary action when the driver of a motor

vehicle has been cited for a violation of some other offense.

Accordingly, this law would not conform to the Federal requirement.

Demonstrating Compliance

Section 161 provides that funds will be withheld from apportionment

from noncomplying States beginning in fiscal year 1999. To avoid the

withholding, each State would be required by this proposed regulation

to submit a certification. Under the agencies' proposal, States would

be required to submit their certifications on or before September 30,

1998, to avoid the withholding from apportionment of FY 1999 funds on

October 1, 1998. The agencies propose to permit (and strongly

encourage) States to submit certifications in advance.

The submission of certifications in advance will enable the

agencies to inform States as quickly as possible whether or not their

laws satisfy the requirements of Section 161 and this regulation, and

will provide States with noncomplying laws an opportunity to take the

necessary steps to meet these requirements before the date for the

withholding of funds.

In addition, it will prevent a State from receiving from the

agencies an initial determination of noncompliance which, as explained

later in this notice, the agencies propose to issue through FHWA's

advance notice of apportionments, normally not later than ninety days

prior to final apportionment (which normally occurs on October 1 of

each fiscal year).

States that are found in noncompliance with these requirements in

any fiscal year would be required to submit a certification to avoid

the withholding of funds from apportionment in the following fiscal

year. To avoid the withholding in that fiscal year, these States would

be required to submit a certification demonstrating compliance before

the last day (September 30) of the previous fiscal year.

Once a State is determined by the agencies to be in compliance with

these requirements, the agencies propose that the State would not be

required to submit certifications in subsequent fiscal years, unless

the State's law had changed. The proposal specifies that it would be

the responsibility of the States to inform the agencies of any such

change in a subsequent fiscal year, by submitting an amendment or

supplement to its certification.

The certifications submitted under this Part would provide the

agencies with the basis for finding States in compliance with the

Operation of Motor Vehicles by Intoxicated Minors requirement. The

agencies are proposing that the certification must consist of a

certifying statement and a copy of the

[[Page 9123]]

State's conforming law. If the State's law were to change, the State

would be required to amend or supplement the State's original

submission.

Notification of Compliance

For each fiscal year, beginning with FY 1999, NHTSA and FHWA

propose to notify States of their compliance or noncompliance with

Section 161, based on a review of certifications received. The agencies

propose that this notification will take place through FHWA's normal

certification of apportionments process. If a State does not submit a

certification or if its certification does not conform to Section 161

and the implementing regulation, the agencies will make an initial

determination that the State does not comply. States that are

determined to be in noncompliance with Section 161 will be advised of

the amount of funds expected to be withheld through FHWA's advance

notice of apportionments, normally not later than ninety days prior to

final apportionment.

Each State determined to be in noncompliance will have an

opportunity to rebut the initial determination. The State will be

notified of the agencies' final determination of compliance or

noncompliance as part of the certification of apportionments, which

normally occurs on October 1 of each fiscal year.

As stated earlier, NHTSA and FHWA expect that States will want to

know as soon as possible whether their laws satisfy the requirements of

Section 161 or they may want assistance in drafting conforming

legislation. In addition, since the agencies propose to issue initial

determinations of noncompliance through FHWA's advance notice of

apportionments, normally not later than ninety days prior to final

apportionment (which normally occurs on October 1 of each fiscal year),

States will want to submit their certifications more than ninety days

before October 1.

States are strongly encouraged to submit certifications in advance,

and to request preliminary reviews and assistance from the agencies.

Requests should be submitted through NHTSA's Regional Administrators,

who will refer these requests to appropriate NHTSA and FHWA offices for

review.

Period of Availability for Funds

Section 161 provides an incremental approach to the withholding of

funds from apportionment for noncompliance. If a State is found to be

in noncompliance on October 1, 1998, the State would be subject to a

five percent withholding of its FY 1999 apportionment on that date. If

a State is found to be in noncompliance on October 1 of any subsequent

fiscal year, beginning with FY 2000, the State would be subject to a

ten percent withholding.

In addition, if a State is found to be in noncompliance in fiscal

years 1999 or 2000, the funds withheld from apportionment to the State

would remain available for apportionment to that State for a period of

time, prescribed in the statute. If a State is found to be in

noncompliance in any subsequent fiscal year, the funds withheld from

apportionment would no longer be available for apportionment.

Paragraph (b)(1)(B) of Section 161 provides that, ``No funds

withheld under this section from apportionment to any State after

September 30, 2000, shall be available for apportionment to the

State.'' These funds would lapse, in accordance with paragraph (b)(4)

of the section.

Paragraphs (b)(1)(A) and (b)(2) of Section 161 identify the period

of time during which funds withheld on or before September 30, 2000,

remain available for apportionment, and when they are to be restored if

the State complies with the Federal requirements before the funds

lapse. Paragraph (b)(3) establishes the period of time during which

these subsequently apportioned funds would remain available to a State

for expenditure. If the State does not meet the requirements during the

period of time that the funds remain available for expenditure, the

funds would lapse, in accordance with paragraph (b)(4) of the section.

These sections are virtually identical to those found in the

National Minimum Drinking Age Act, as amended, 23 U.S.C. 158, and the

Drug Offender's Drivers License Suspension Act, as amended, 23 U.S.C.

159. For a full discussion of how these provisions have been applied in

practice, interested parties are encouraged to read the preambles to

the agencies' joint final rules published in the Federal Register on

August 18, 1988 (53 FR 31318) and August 12, 1992 (57 FR 35989).

Comments

Interested persons are invited to comment on this proposal. All

comments must be limited to 15 pages in length. Necessary attachments

may be appended to those submissions without regard to the 15 page

limit. This limitation is intended to encourage commenters to detail

their primary arguments in a concise fashion.

Written comments to the public docket must be received by April 22,

1996. To expedite the submission of comments, simultaneous with the

issuance of this notice, NHTSA and FHWA will mail copies to all

Governors, Governors' Representatives for Highway Safety and State

highway agencies.

All comments received before the close of business on the comment

closing date will be considered and will be available for examination

in the docket at the above address before and after that date. To the

extent possible, comments filed after the closing date will also be

considered. However, the rulemaking action may proceed at any time

after that date. The agencies will continue to file relevant material

in the docket as it becomes available after the closing date, and it is

recommended that interested persons continue to examine the docket for

new material.

Those persons who wish to be notified upon receipt of their

comments in the docket should enclose, in the envelope with their

comments, a self-addressed stamped postcard. Upon receiving the

comments, the docket supervisor will return the postcard by mail.

Copies of all comments will be placed in Docket 96-007; Notice 1 of

the NHTSA Docket Section in Room 5109, Nassif Building, 400 Seventh

Street, S.W., Washington, D.C. 20590.

Separate Interim Final Rule in Today's Federal Register

In today's Federal Register, NHTSA has published a separate interim

final rule and request for comments, relating to Part 1313, the

agency's regulation that implements its Section 410 program.

The interim final rule amends Part 1313, to reflect changes that

were made to 23 U.S.C. 410 by the NHS Act, and requests comments on

these changes. It also recognizes that one of the grant criteria under

the section 410 program, which requires that States ``deem persons

under age 21 who operate a motor vehicle with a BAC of 0.02 or greater

to be driving while intoxicated,'' is similar to the new ``zero

tolerance'' sanction requirement contained in Section 320 of the NHS

Act (23 U.S.C. Section 161). The interim final rule requests comments

regarding whether additional changes should be made to the section 410

``0.02'' grant criterion, as a result of the new ``zero tolerance''

sanction program. Comments regarding this issue should be submitted to

the attention of Docket 89-02; Notice 8.

[[Page 9124]]

Regulatory Analyses and Notices

Executive Order 12778 (Civil Justice Reform)

This proposed rule would not have any preemptive or retroactive

effect. 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.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The agencies have determined that this proposed 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. States can choose to enact and

enforce a zero tolerance law, in conformance with Pub. L. 104-59, and

thereby avoid the withholding of Federal-aid highway funds. While

specific criteria that State laws must meet have been proposed in this

NPRM, they are mandated by Pub. L. 104-59. Accordingly, a full

regulatory evaluation is not required.

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

proposed action on small entities. Based on the evaluation, we certify

that this proposed action would not have a significant impact on a

substantial number of small entities. Accordingly, the preparation of a

Regulatory Flexibility Analysis is unnecessary.

Paperwork Reduction Act

The requirements in this proposal that States certify that they

conform to the statutory requirements to avoid the withholding of

Federal-aid highway funds are considered to be information collection

requirements as that term is defined by the Office of Management and

Budget (OMB) in 5 C.F.R Part 1320. The reporting and recordkeeping

requirement associated with this rule is subject to approval by the

Office of Management and Budget in accordance with 44 U.S.C. Chapter

35. NHTSA and FHWA, NEED FOR INFORMATION: To encourage States to enact

and enforce zero tolerance laws; NHTSA and FHWA, PROPOSED USE OF

INFORMATION: To provide procedures to State recipients of Federal-aid

highway funds on how to certify compliance with the provision of Public

Law 104-59. The law requires a zero tolerance law for drivers under the

age of 21; FREQUENCY: One time only; BURDEN ESTIMATE: 52 hours;

RESPONDENTS: States; FORM(S): None; AVERAGE BURDEN HOURS PER

RESPONDENT: 1 hour. For further information contact: Mr. Edward Kosek,

Office of Information Resources Management, NAD-51, NHTSA, 400 Seventh

Street, SW., Washington, DC 20590, (202) 366-2590.

Comments on the proposed information collection requirements should

be submitted to: Office of Management and Budget, Office of Information

and Regulatory Affairs, Washington, DC 20503, Attention: Desk Officer

for NHTSA. It is requested that comments sent to OMB also be sent to

the NHTSA rulemaking docket for this proposed action.

National Environmental Policy Act

The agencies have analyzed this proposed action for the purpose of

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

and have determined that it would not have any significant impact on

the quality of the human environment.

Executive Order 12612 (Federalism Assessment)

This proposed action has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this proposed action does not have sufficient

federalism implications to warrant the preparation of a federalism

assessment. Accordingly, the preparation of a Federalism Assessment is

not warranted.

List of Subjects in 23 CFR Part 1210

Alcohol abuse, Grant programs--transportation, Highway safety,

Reporting and recordkeeping requirements, Youth.

In accordance with the foregoing, the agencies propose to add a new

Part 1210 to Title 23 of the Code of Federal Regulations to read as

follows:

PART 1210--OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS

Sec.

1210.1 Scope.

1210.2 Purpose.

1210.3 Definitions.

1210.4 Adoption of zero tolerance law.

1210.5 Certification requirements.

1210.6 Period of availability of withheld funds.

1210.7 Apportionment of withheld funds after compliance.

1210.8 Period of availability of subsequently apportioned funds.

1210.9 Effect of noncompliance.

1210.10 Procedures affecting States in noncompliance.

Authority: 23 U.S.C. 161; delegation of authority at 49 CFR 1.48

and 1.50.

Sec. 1210.1 Scope.

This part prescribes the requirements necessary to implement

Section 161 of Title 23, United States Code, which encourages States to

enact and enforce zero tolerance laws.

Sec. 1210.2 Purpose.

The purpose of this part is to specify the steps that States must

take to avoid the withholding of Federal-aid highway funds for

noncompliance with 23 U.S.C. 161.

Sec. 1210.3 Definitions.

As used in this part:

(a) BAC means either blood or breath alcohol concentration.

(b) Alcohol concentration means either grams of alcohol per 100

milliliters of blood or grams of alcohol per 210 liters of breath.

(c) Operating a motor vehicle means driving or being in actual

physical control of a motor vehicle.

Sec. 1210.4 Adoption of zero tolerance law.

(a) The Secretary shall withhold five percent of the amount

required to be apportioned to any State under each of sections

104(b)(1), 104(b)(3) and 104(b)(5) of title 23, United States Code, on

the first day of fiscal year 1999 if the State does not meet the

requirements of this part on that date.

(b) The Secretary shall withhold ten percent of the amount required

to be apportioned to any State under each of sections 104(b)(1),

104(b)(3) and 104(b)(5) of title 23, United States Code, on the first

day of fiscal year 2000 and any subsequent fiscal year if the State

does not meet the requirements of this part on that date.

(c) A State meets the requirements of this section if the State has

enacted and is enforcing a law that considers an individual under the

age of 21 who has a blood alcohol concentration of 0.02 percent or

greater while operating a motor vehicle in the State to be driving

while intoxicated or driving under the influence of alcohol. The law

must:

(1) Apply to all individuals under the age of 21;

(2) Set a blood alcohol concentration of not higher than 0.02

percent as the legal limit;

(3) Make operating a motor vehicle by an individual under age 21 at

or above the legal limit a per se offense; and

(4) Provide for primary enforcement.

[[Page 9125]]

Sec. 1210.5 Certification requirements.

(a) Until a State has been determined to be in compliance with the

requirements of 23 U.S.C. 161, to avoid the withholding of funds in any

fiscal year, beginning with FY 1999, the State shall certify to the

Secretary of Transportation, before the last day of the previous fiscal

year, that it meets the requirements of 23 U.S.C. 161, and this part.

(b) The certification shall contain:

(1) A copy of the State zero tolerance law, regulation, or binding

policy directive implementing or interpreting such law or regulation,

that conforms to 23 U.S.C. 161 and Sec. 1210.4(c) of this part; and

(2) A statement by an appropriate State official, that the State

has enacted and is enforcing a conforming zero tolerance law. The

certifying statement shall be worded as follows:

(Name of certifying official), (position title), of the (State

or Commonwealth) of ________, do hereby certify that the (State or

Commonwealth) of ________, has enacted and is enforcing a zero

tolerance law that conforms to the requirements of 23 U.S.C. 161 and

23 CFR 1210.4(c).

(c) An original and four copies of the certification shall be

submitted to the appropriate NHTSA Regional Administrator. Each

Regional Administrator will forward the certifications it receives to

appropriate NHTSA and FHWA offices.

(d) Once a State has been determined to be in compliance with the

requirements of 23 U.S.C. 161, it is not required to submit additional

certifications, except that the State shall promptly submit an

amendment or supplement to its certification provided under paragraphs

(a) and (b) of this section if the State's zero tolerance legislation

changes.

Sec. 1210.6 Period of availability of withheld funds.

(a) Funds withheld under Sec. 1210.4 from apportionment to any

State on or before September 30, 2000, will remain available for

apportionment until the end of the third fiscal year following the

fiscal year for which the funds are authorized to be appropriated.

(b) Funds withheld under Sec. 1210.4 from apportionment to any

State after September 30, 2000 will not be available for apportionment

to the State.

Sec. 1210.7 Apportionment of withheld funds after compliance.

Funds withheld to a State from apportionment under Sec. 1210.4,

which remain available for apportionment under Sec. 1210.5(a), will be

made available to the State if it conforms to the requirements of

Secs. 1210.4 and 1210.5 before the last day of the period of

availability as defined in Sec. 1210.6(a).

Sec. 1210.8 Period of availability of subsequently apportioned funds.

Funds apportioned pursuant to Sec. 1210.7 will remain available for

expenditure until the end of the third fiscal year following the fiscal

year in which the funds are apportioned.

Sec. 1210.9 Effect of noncompliance.

If a State has not met the requirements of 23 U.S.C. 161 and this

part at the end of the period for which funds withheld under

Sec. 1210.4 are available for apportionment to a State under

Sec. 1210.6, then such funds shall lapse.

Sec. 1210.10 Procedures affecting States in noncompliance.

(a) Each fiscal year, each State determined to be in noncompliance

with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's

preliminary review of its law, will be advised of the funds expected to

be withheld under Sec. 1210.4 from apportionment, as part of the

advance notice of apportionments required under 23 U.S.C. 104(e),

normally not later than ninety days prior to final apportionment.

(b) If NHTSA and FHWA determine that the State is not in compliance

with 23 U.S.C. 161 and this part, based on the agencies' preliminary

review, the State may, within 30 days of its receipt of the advance

notice of apportionments, submit documentation showing why it is in

compliance.

Documentation shall be submitted to the National Highway Traffic

Safety Administration, 400 Seventh Street, S.W., Washington, D.C.

20590.

(c) Each fiscal year, each State determined not to be in compliance

with 23 U.S.C. 161 and this part, based on NHTSA's and FHWA's final

determination, will receive notice of the funds being withheld under

Sec. 1210.4 from apportionment, as part of the certification of

apportionments required under 23 U.S.C. 104(e), which normally occurs

on October 1 of each fiscal year.

Issued on: February 29, 1996.

Rodney E. Slater,

Administrator, Federal Highway Administration.

Ricardo Martinez,

Administrator, National Highway Traffic Safety Administration.

[FR Doc. 96-5133 Filed 3-6-96; 8:45 am]

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