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DOT/NHTSA RIN: 2127-AL45 Publication ID: Spring 2017 
Title: Regulatory Update of Transfer and Sanction Programs 

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.

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
Action Date FR Cite
Interim Final Rule  09/30/2016 
Interim Final Rule Effective  10/01/2016 
Interim Final Rule Comment Period End  11/30/2016 
Final Rule  06/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
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