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DOT/NHTSA | RIN: 2127-AL45 | Publication ID: Spring 2017 |
Title: Regulatory Update of Transfer and Sanction Programs | |
Abstract:
This rulemaking would update the Federal regulations to reflect the new statutory compliance requirements of the section 164 program (FAST Act), to incorporate the new penalties associated with non-compliance with the section 154 and 164 programs (MAP-21), and to make minor clarifications reflecting longstanding interpretations of the statutes and regulations. The section 154 and section 164 programs were first established as part of the Transportation Equity Act for the 21st Century (TEA-21) in 1998 to encourage States to enact Open Container laws (23 U.S.C. section 154) and Repeat Intoxicated Driver laws (23 U.S.C. section 164), also referred to as Repeat Offender laws, meeting minimum Federal standards. States that fail to meet the requirements of these provisions are penalized by the reservation of apportioned Federal-aid funds. A State may then elect to use the reserved funds for alcohol-impaired driving programs (transfer to the State's section 402 apportionment) or to conduct Highway Safety Improvement Program (HSIP) eligible activities (release to the State Department of Transportation). States do not lose any Federal grant funds for non-compliance. The FAST Act amended the compliance requirements for the section 164 program, while MAP-21 amended the procedures for reservation and use of apportioned Federal-aid funds for both programs. This will be a joint rulemaking conducted with the Federal Highway Administration. |
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Agency: Department of Transportation(DOT) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 23 CFR 1270 23 CFR 1275 | |
Legal Authority: 23 U.S.C. 154 23 U.S.C. 164 delegation of authority at 49 CFR 1.95 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Russell Ian Krupen Attorney Advisor Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-1834 Fax:202 366-3820 Email: russell.krupen@dot.gov |