Uniform Criteria for State Observational Surveys of Seat Belt Use

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1340

[Docket No. NHTSA-98-4280]

RIN 2127-AH46

Uniform Criteria for State Observational Surveys of Seat Belt Use

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This document establishes uniform criteria for State seat belt

use surveys that are to be conducted in connection with a new Federal

grant program. Section 157 of Title 23, United States Code, directs the

Secretary of Transportation to allocate funds to States that achieve a

seat belt use rate that exceeds, for the past two years, the national

average use rate, or that exceeds the highest seat belt use rate

achieved by the State in certain designated previous years. For

calendar years 1998 through 2001, the new law requires the seat belt

use rate submitted by the States to be consistent with measurement

criteria established by the Secretary. This document sets forth the

criteria to be used by the States to determine their seat belt use

rates under this program, starting with surveys conducted in calendar

year 1998. These uniform criteria replace the Guidelines for State

Observational Surveys of Safety Belt and Motorcycle Helmet Use, which

are rescinded by this document.

DATES: This interim final rule is effective on September 1, 1998.

Comments concerning this rule are due no later than January 29, 1999.

ADDRESSES: Comments should refer to the docket number set forth above

and be submitted in writing to the Administrator, National Highway

Traffic Safety Administration, Room 5220, 400 Seventh Street, SW,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The following persons at the National

Highway Traffic Safety Administration, 400 Seventh Street, SW,

Washington, DC 20590: For program issues, Joan Catherine Tetrault,

State and Community Services, NSC-01, (202) 366-2674; For legal issues,

John Donaldson, Office of the Chief Counsel, NCC-30, (202) 366-1834.

SUPPLEMENTARY INFORMATION:

New Seat Belt Incentive Grant Program

Section 1403 of the recently enacted Transportation Equity Act for

the 21st Century (Pub. L. 105-178) added a new Section 157 to Title 23

of the United States Code (replacing a predecessor Section 157 ). The

new section authorizes a State seat belt incentive grant program

covering fiscal years 1999 through 2003. Under this program, the

Secretary of Transportation is directed to allocate funds to the States

(beginning in fiscal year 1999) based on their seat belt use rates.

Today's rule promulgates the Uniform Criteria for State Observational

Surveys of Seat Belt Use (hereafter, Uniform Criteria) to provide

guidance to the States on the seat belt use rate information to be

submitted

[[Page 46390]]

under this new program for calendar year 1998 and beyond.

Section 157 requires the Secretary to allocate funds to States that

achieve a seat belt use rate in the preceding two years that is higher

than the national average use rate or, failing that, a seat belt use

rate that is higher than the highest seat belt use rate achieved by the

State during specified previous calendar years. (Section 157 contains

another provision for allocation of grant funds, based on innovative

projects, but that provision is not addressed in today's notice.) In

order to make the calculations necessary to allocate funds under this

provision, State seat belt use rate information extending back to

calendar year 1996 is needed. For calendar years 1996 and 1997, seat

belt use rate information submitted by the States is required to be

weighted by the Secretary to ensure national consistency in methods of

measurement. Beginning in calendar year 1998, States must measure seat

belt use rates following criteria established by the Secretary, to

ensure that the measurements are ``accurate and representative.'' In

accordance with that mandate, this interim final rule establishes

uniform criteria for States to follow in conducting surveys of seat

belt use, starting with surveys conducted in calendar year 1998.

(Details concerning the procedures the agency will follow in evaluating

and adjusting seat belt use rate information to ensure that it is

accurate and representative and in making the allocation of funds will

be published in the near future in a separate Federal Register

document.)

State Seat Belt Use Surveys

The Uniform Criteria published today incorporate, in large part,

the Guidelines for State Observational Surveys of Safety Belt and

Motorcycle Helmet Use (57 FR 28899, June 29, 1992) (hereafter,

Guidelines) that relate to seat belts. However, the new criteria differ

in one important respect. Section 157 requires the determination of

seat belt use rate to be based on ``passenger motor vehicles,'' a

category that includes passenger cars, pickup trucks, vans, minivans,

and sport utility vehicles. Consequently, the criteria incorporate the

statutory requirement that measurements include the seat belt use rate

of occupants of these vehicles. A number of States have not included

these vehicles in past seat belt surveys.

Another, more minor respect, in which these Uniform Criteria differ

from the Guidelines, is that the observation of child restraint use is

not included in the survey. The agency has removed this requirement

because Section 157 does not include child restraint devices within the

definition of seat belts.

Section 157 requires that measurements of seat belt use rates be

``accurate and representative.'' Consequently, these Uniform Criteria

clarify the Guidelines in other respects. The agency has made clear

that the surveys must include observation of both drivers and front

seat outboard passengers (not simply consider them ``eligible'' for

observation, as provided in the Guidelines). In addition, measurements

of seat belt use must be taken completely within the calendar year for

which the seat belt use rate is reported. Finally, beginning with

surveys conducted during calendar year 1999, both in-state and out-of-

state vehicles must be counted, to improve the representativeness of

measurements. This latter requirement is being phased in next year to

provide the States necessary flexibility, in view of time constraints

associated with the late enactment of TEA-21. These clarifications,

together with other procedures the agency expects to publish in the

near future in the Federal Register (further discussed below), will

ensure consistency and fairness in the allocation of funds.

NHTSA is recommending, in this notice, that seat belt use data be

collected so as to enable separate identification for passenger cars

and other covered vehicles, and separate identification for drivers and

front-seat outboard passengers within these vehicle groups. NHTSA

believes that this separation, although not a requirement, will produce

useful information for the States, the agency, and others to evaluate

trends in seat belt use.

In other particulars, these Uniform Criteria track the Guidelines.

For example, the important requirement that surveys have a probability-

based design has been retained. So, too, have the requirements that

data be collected through direct observation of seat belt use; that the

relative error of the estimate of seat belt use not exceed five

percent; that counties or other primary sampling units totaling at

least 85 percent of the State's population be eligible for inclusion in

the sample; and that all daylight hours for all days of the week be

eligible for inclusion in the sample. The new criteria continue to

require all sample design, data collection and estimation procedures to

be well documented. The appendix, containing a sample design that

satisfies these criteria, is also retained for useful reference. These

and other provisions, continued in today's rule, were previously

published for comment in connection with the Guidelines.

In a separate Federal Register document to be published in the near

future, the agency will explain the process it plans to follow in

reviewing and evaluating surveys submitted by the States in accordance

with today's rule, in determining the national average seat belt use

rate, and in making allocations of funds. In that document, the agency

may consider applying adjustment factors to survey information

submitted by the States before making allocations of funds, to further

ensure that seat belt use measurements are accurate and representative.

Assistance in Developing Surveys

The agency stands ready to assist States in their efforts to

develop probability-based observational surveys that satisfy the

requirements of Section 157 and these uniform criteria. Each NHTSA

Regional Office has a data contractor available to provide technical

assistance to the States upon request. States that have not yet

conducted surveys for calendar year 1998 that satisfy these criteria

may wish to submit proposed survey designs to NHTSA for review, in

order to verify that the survey design satisfies these new criteria.

This may be especially helpful for States that have not received

approval of the similar surveys that were required for award of grant

funds under the Guidelines.

State Eligibility for Grant Funds

The Uniform Criteria published today are effective immediately.

States must become promptly familiar with these criteria because they

apply to surveys required to be conducted during the current calendar

year. States that fail to conduct a calendar year 1998 survey in

accordance with these criteria will not be eligible, during fiscal year

2000 and possibly beyond, for Section 157 grant funds that are based on

the submission of seat belt use rate information.

The Uniform Criteria are limited in scope to the substantive

requirements related to State observational surveys. The agency expects

to publish in the near future, in a separate Federal Register document,

details concerning the procedures the agency will follow in evaluating

seat belt use rate information and in making the allocation of funds.

However, in order to provide the States with as much planning

flexibility as possible in light of the imminence of the requirements

concerning calendar year 1998 surveys, brief information about

submission and review procedures is provided here.

[[Page 46391]]

The agency anticipates that review procedures for surveys will

remain essentially unchanged from those that applied under the

Guidelines. Specifically, States seeking to qualify for an allocation

of Section 157 funds based on their seat belt use rate will submit the

documentation of their survey design described under the

``Documentation'' section of these uniform criteria for review by the

agency. Based on the documentation submitted, NHTSA will determine

whether the survey meets the requirements of these criteria.

Pending the publication of specific procedural guidance in the

Federal Register, States that have not yet conducted a survey for

calendar year 1998 are encouraged to seek pre-approval of their survey

documentation by NHTSA. States that have conducted a survey for

calendar year 1998 are also encouraged to submit survey documentation

for review by NHTSA, to confirm that the survey they have conducted

does, in fact, conform to these criteria. This will avoid the situation

where non-compliance is discovered too late to conduct another survey

during calendar year 1998.

Previous Survey Guidelines Rescinded

With the publication of these Uniform Criteria for State

Observational Surveys of Seat Belt Use, the agency is simultaneously

rescinding the Guidelines. The agency published these latter guidelines

to describe survey requirements for States seeking to receive grants

under Section 153 of Title 23, United States Code, a grant program

which is no longer funded.

Regulatory Analyses and Notices

Executive Order 12612 (Federalism)

This action has been analyzed in accordance with the principles and

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

that it does not have sufficient Federalism implications to warrant the

preparation of a Federalism assessment. While it concerns a new State

grant program, this action does not impose any major new requirements

on the States. Rather, it makes minor changes to survey procedures that

have already been used by many States in a previously authorized grant

program and for other purposes.

Executive Order 12778 (Civil Justice Reform)

This rule does not have any preemptive or retroactive effect. It

merely revises existing requirements imposed on States to reflect the

statutory requirements of a new grant program. 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 pursue other

administrative proceedings before they may file suit in court.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This rulemaking action was reviewed under Executive Order 12866,

``Regulatory Planning and Review.'' The action has been determined to

be ``significant'' under Executive Order 12866 and under the Department

of Transportation Regulatory Policies and Procedures because it is

likely to result in significant economic impacts. A Final Economic

Assessment (FEA) is being prepared for today's rule and for a companion

rule, to be published in the near future, that establishes the

procedures for allocating funds under the grant program authorized by

23 U.S.C. 157. A copy of the FEA, describing the economic effects in

detail, will be placed in the docket for public inspection when the

companion rule is published.

Following is a summary of the cost and benefit information for this

rule. The total annual cost of conducting surveys following the

procedures of this rule (if each State conducted one) is estimated to

be $1.9 million. A State may be eligible for an allocation of funds

during each of fiscal years 2000 through 2003 if it conducts a survey

of seat belt use during each of calendar years 1998 through 2001, in

accordance with the procedures under this rule. Allocations available

to the States total $92,000,000 for fiscal year 2000, $102,000,000 for

fiscal year 2001, and 112,000,000 for each of fiscal years 2002 and

2003. An allocation totaling $82,000,000 is available for fiscal year

1999, but that allocation is dependent on criteria other than the

survey procedures required under this rule. Depending on the results of

State surveys, some funds may remain unallocated, and will be allocated

under other procedures. Details of the procedures for allocating all

funds will be published in another Federal Register document in the

near future.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.), the agency has evaluated the effects of this action on small

entities. We hereby certify that this action will not have a

significant economic impact on a substantial number of small entities.

States are the recipients of any funds awarded under the Section 157

program, and they are not small entities.

Paperwork Reduction Act

On August 10, 1998, the Department of Transportation submitted an

emergency processing information collection request (ICR) to the Office

of Management and Budget (OMB) for review and clearance under the

Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).

On August 17, OMB approved the request for clearance, assigning the

collection OMB Clearance No. 2127-0597. The emergency clearance will

expire on February 28, 1999. Through February 28, 1999, NHTSA is

authorized to collect 17,942 burden hours from the affected States, the

District of Columbia, and Puerto Rico.

National Environmental Policy Act

The agencies have reviewed this action for the purpose of

compliance with the National Environmental Policy Act (42 U.S.C. 4321

et seq.), and have determined that it will not have a significant

effect on the human environment.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires

agencies to prepare a written assessment of the costs, benefits and

other effects of proposed final rules that include a Federal mandate

likely to result in the expenditure by State, local or tribal

governments, in the aggregate, or by the private sector, of more than

$100 million annually. This interim final rule does not meet the

definition of a Federal mandate, because the resulting annual

expenditures will not exceed the $100 million threshold.

Interim Final Rule

This document is published as an interim final rule, without prior

notice and opportunity to comment. Because this regulation relates to a

grant program, the requirements of the Administrative Procedure Act

(APA), 5 U.S.C. 553, are not applicable. Moreover, even if the notice

and comment provisions of the APA did apply, the agency believes that

there is good cause for finding that providing notice and comment in

connection with this rulemaking action is impracticable, unnecessary,

and contrary to the public interest, since it would delay the

availability of guidance to States concerning new requirements

applicable during calendar year 1998. For the same reasons, we have

[[Page 46392]]

determined that notice and an opportunity for comment are not required

under the Department's regulatory policies and procedures.

States need this information immediately in order to comply with

requirements that are applicable to the observational seat belt surveys

they must conduct during the current calendar year. The statute

authorizing the grant program to which this interim final rule applies

(Pub. L. 105-178) was enacted on June 9, 1998, leaving little time for

States to both become familiar with new requirements that apply to

these surveys and conduct these surveys before the end of calendar year

1998. Moreover, for safety and practicability reasons, many States in

the northern latitudes must conduct surveys before the winter months,

leaving even less time for these States to meet the new requirements.

For these reasons, pursuant to 5 U.S.C. 808 (Pub. L. 104-121) (The

Congressional review provisions of the Small Business Regulatory

Enforcement Fairness Act), the agency also, for good cause, finds that

notice and public procedure are impracticable, unnecessary, and

contrary to the public interest, and, therefore, this rule can be made

effective upon publication.

As an interim final rule, this regulation is fully in effect and

binding upon its effective date. No further regulatory action by the

agency is necessary to make the rule effective. However, in order to

benefit from comments which interested parties and the public may have,

the agency is requesting that comments be submitted to the docket for

this rule. All comments submitted in response to this rule, in

accordance with the procedures outlined below, will be considered by

the agency. Following the close of the comment period, the agency will

publish a document responding to the comments and, if appropriate, the

agency will amend the provisions of this rule.

Comments

The agency is providing a 150-day comment period for interested

parties to present data, views, and arguments concerning this rule. The

agency invites comments on the issues raised in this notice and any

other issues relevant to this action. Comments must not exceed 15 pages

in length (49 CFR 553.21). This limitation is intended to encourage

commenters to detail their primary arguments in a concise fashion.

Necessary attachments may be appended to these submissions without

regard to the 15-page limit.

All comments received by the close of business on the comment

closing date indicated above will be considered and will be available

for examination in the docket at the above address both 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. Following the close of the

comment period, the agency will publish a document responding to the

comments and, if appropriate, the agency will amend the provisions of

this rule. The agency 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 desiring to be notified of receipt of their comments

by the docket should enclose a self-addressed, stamped postcard in the

envelope with their comments. Upon receipt of the comments, the docket

supervisor will return the postcard by mail.

List of Subjects in 23 CFR Part 1340

Grant programs--transportation, Highway safety, Intergovernmental

relations, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, title 23, chapter III of

the Code of Federal Regulations is amended as set forth below.

1. Part 1340 is added to read as follows:

PART 1340--UNIFORM CRITERIA FOR STATE OBSERVATIONAL SURVEYS OF SEAT

BELT USE

Sec.

1340.1 Purpose.

1340.2 Applicability.

1340.3 Basic design requirements.

1340.4 Population, demographic, and time/day requirements.

1340.5 Documentation requirements.

Appendix A to Part 1340--Sample Design

Authority: 23 U.S.C. 157; delegation of authority at 49 CFR

1.50.

Sec. 1340.1 Purpose.

This part establishes uniform criteria for surveys of seat belt use

conducted by States under 23 U.S.C. 157.

Sec. 1340.2 Applicability.

These uniform criteria apply to State surveys of seat belt use,

beginning in calendar year 1998 (except as otherwise provided in this

part), and continuing annually thereafter through calendar year 2001.

Sec. 1340.3 Basic design requirements.

Surveys conducted in accordance with this part shall incorporate

the following minimum design requirements:

(a) Probability-based requirement. The sample identified for the

survey shall have a probability-based design such that estimates are

representative of safety belt use for the population of interest in the

state and sampling errors may be calculated for each estimate produced.

(b) Observational requirement. Minimum requirements include the

following:

(1) The sample data shall be collected through direct observation

of seat belt use on roadways within the State, conducted completely

within the calendar year for which the seat belt use rate is being

reported;

(2) Seat belt use shall be determined by observation of the use or

non-use of a shoulder belt;

(3) Observers shall be required to follow a predetermined, clear

policy in the event that observations cannot be made at an assigned

site at the specified time (due to heavy rain, construction, safety

problems, etc.);

(4) Instructions to observers shall specify which road and which

direction of traffic on that road are to be observed (observers must

not be free to choose between roads at an intersection); and

(5) Observers shall follow clear instructions on how to start and

end an observation period and how to stop and start observations if

traffic flow is too heavy to observe all vehicles or if vehicles begin

moving too quickly for observation (to remove any possible bias, such

as starting with the next belted driver).

(c) Precision requirement. The relative error (standard error

divided by the estimate) for safety belt use must not exceed 5 percent.

Sec. 1340.4 Population, demographic, and time/day requirements.

Surveys conducted in accordance with this part shall comply with

the following minimum population, demographic, and time/day

requirements:

(a) Population of interest. (1) Drivers and front seat outboard

passengers in passenger motor vehicles (passenger cars, pickup trucks,

vans, and sport utility vehicles) must be observed in the survey. (Only

overall restraint use for the population of interest is required.

However, in order to assist in the evaluation of trends, it is

recommended that data be collected in such a way that restraint use

estimates can be reported separately for passenger cars and other

[[Page 46393]]

covered vehicles, and separately for drivers and front-seat outboard

passengers within those vehicle groups.)

(2) Surveys conducted during calendar year 1998 shall be deemed to

comply with paragraph (a)(1) of this section if passenger motor

vehicles registered in-State are included in the survey. For surveys

conducted during calendar year 1999 and thereafter, passenger motor

vehicles registered both in-state and out-of-state must be included in

the survey.

(b) Demographics. Counties, or other primary sampling units,

totaling at least 85 percent of the State's population must be eligible

for inclusion in the sample. States may eliminate their least populated

counties, or other primary sampling units, to a total of fifteen

percent or less of the total State population, from the sampling frame.

(c) Time of day and day of week. All daylight hours for all days of

the week must be eligible for inclusion in the sample. Observation

sites must be randomly assigned to the selected day-of-week/time-of-day

time slots. If cluster sampling is used, assignment of sites and times

within clusters must be random.

Sec. 1340.5 Documentation requirements.

All sample design, data collection, and estimation procedures used

in State surveys conducted in accordance with this part must be well

documented. At a minimum, the documentation must:

(a) For sample design--

(1) Define all sampling units, with their measures of size;

(2) Define what stratification was used at each stage of sampling

and what methods were used for allocation of the sample units to the

strata;

(3) Explain how the sample size at each stage was determined;

(4) List all samples units and their probabilities of selection;

and

(5) Describe how observation sites were assigned to observation

time periods.

(b) For data collection--

(1) Define an observation period;

(2) Define an observation site and what procedures were implemented

when the observation site was not accessible on the date assigned;

(3) Describe what vehicles were observed and what procedures were

implemented when traffic was too heavy to observe all vehicles; and

(4) Describe the data recording procedures.

(c) For estimation--

(1) Display the raw data and the weighted estimates;

(2) For each estimate, provide an estimate of one standard error

and an approximate 95 percent confidence interval; and

(3) Describe how estimates were calculated and how variances were

calculated.

Appendix A to Part 1340--Sample Design

Following is a description of a sample design that meets the

final survey guidelines and, based upon NHTSA's experience in

developing and reviewing such designs, is presented as a reasonably

accurate and practical design. Depending on the data available in a

State, substitutions in this design can be made without loss of

accuracy. This information is intended only as an example of a

complying survey design and to provide guidance for States

concerning recommended design options. These are not design

requirements. It is recommended that State surveys of safety belt

use be designed by qualified survey statisticians.

I. Sample Design

A. Sample population: It is recommended that all controlled

intersections or all roadway segments in the State (or in the parts

of the State that have not been excluded by the 85 present

demographic guideline) be eligible for sampling.

B. First Stage: Usually, counties are the best candidates for

primary sampling units (PSUs). In large States with differing

geographic areas, it is recommended that stratification of PSUs by

geographic region be employed prior to PSU selection. Counties

should be randomly selected, preferably with probabilities

proportional to vehicle miles of travel (VMT) in each county. If VMT

is not available by county, PSUs can also be selected with

probability proportional to county population. When sampling PSUs,

States should ensure that an adequate mix of rural and urban areas

are represented. In some cases, urban/rural stratification must be

employed prior to PSU selection. In other cases, it may be more

practical to perform urban/rural stratification at the second

sampling stage.

C. Second Stage: Within sampled PSUs, it is recommended that

road segments be stratified by road type. For example, a two-strata

design might be major roads vs. local roads, a three strata design

might be high, medium and low traffic volume roads. The sample

should be allocated to these strata by estimated annual VMT in each

stratum. The sample of road segments within a stratum should be

selected with probability proportional to average daily VMT. When

enumerating all local roads is impractical, additional stages of

selection can be introduced and alternative sample probabilities can

be used. For example, census tracts within counties can be selected

with probability proportional to VMT, or, if VMT is not available,

proportional to the square root of the population. Next, within each

sampled census tract, road segments can be selected.

D. Sample Size: The following tables are provided as rough

guidelines for determining sample size for estimating belt use with

the required level of precision. The numbers are based on results

from previous probability-based seat belt surveys.

Determining First Stage Sample Size

------------------------------------------------------------------------

Number

of

Number of counties in State counties

in

sample

------------------------------------------------------------------------

10............................................................ 7

20............................................................ 11

30............................................................ 13

40............................................................ 15

50............................................................ 16

60............................................................ 17

70............................................................ 18

80............................................................ 19

90............................................................ 19

100-120....................................................... 20

130-170....................................................... 21

More than 180................................................. 22

------------------------------------------------------------------------

Determining Second Stage Sample Size

------------------------------------------------------------------------

Number

of road

segments

Average number of road segments in each sampled county sampled

in each

sample

county

------------------------------------------------------------------------

50............................................................ 19

60............................................................ 20

70............................................................ 21

80............................................................ 21

90............................................................ 22

100........................................................... 23

200........................................................... 26

300........................................................... 27

400........................................................... 27

500-900....................................................... 28

More than 1000................................................ 29

------------------------------------------------------------------------

E. Example: To achieve the required level of precision, a State

with 100 counties would sample 20 counties at the first stage. At

the second stage, assuming an average of 100 road segments in each

sampled county, a sample of 23 road segments per county would be

selected. The total sample size would be 20 x 460 observational

sites.

II. Data Collection

A. Exact observation sites, such as the specific intersection on

a road segment, should be determined prior to conducting the

observations.

B. Direction of traffic to be observed should be determined

prior to conducting the observations.

C. If traffic volume is too heavy to accurately record

information, predetermined protocol should exist for selecting which

travel lanes to observe.

D. Observations should be conducted for a predetermined time

period, usually one hour. Time periods should be the same at each

site.

E. To minimize travel time and distance required to conduct the

observations, clustering of sampled sites can be done. Sample sites

should be grouped into

[[Page 46394]]

geographic clusters, with each cluster containing major and local

roads. Assignment of sites and times within clusters should be

random.

F. Two counts should be recorded for all eligible vehicles:

1. Number of front seat outboard occupants.

2. Number of these occupants wearing shoulder belts.

III. Estimation

A. Observations at each site should be weighted by the site's

final probability of selection.

B. An estimate of one standard error should be calculated for

the estimate of belt use. Using this estimate, 95 percent confidence

intervals for the estimate of safety belt use should be calculated.

Issued on: August 26, 1998.

Ricardo Martinez,

Administrator, National Highway Traffic Safety Administration.

[FR Doc. 98-23410 Filed 8-27-98; 11:54 am]

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