23 CFR Part 1300 - Uniform Procedures for State Highway Safety Grant Programs

PART
1300—UNIFORM
PROCEDURES FOR STATE HIGHWAY
SAFETY GRANT PROGRAMS
Subpart A—General
Sec.
1300.1 Purpose.
1300.2 [Reserved]
1300.3 Definitions.
1300.4 State Highway Safety Agency—authority and functions.
1300.5 Due dates—interpretation.

Subpart B—Highway Safety Plan
1300.10 General.
1300.11 Contents.
1300.12 Due date for submission.
1300.13 Special funding conditions for Section 402 Grants.
1300.14 Review and approval procedures.
1300.15 Apportionment and obligation of
Federal funds.

Subpart C—National Priority Safety Program and Racial Profiling Data Collection Grants

Subpart G—Special Provisions for Fiscal
Year 2017 Highway Safety Grants
1300.60 Fiscal Year 2017 grant applications.
1300.61 Fiscal Year 2017 grants—general and
administrative provisions.
APPENDIX A TO PART 1300—CERTIFICATIONS
AND ASSURANCES FOR HIGHWAY SAFETY
GRANTS (23 U.S.C. CHAPTER 4; SEC. 1906,
PUBLIC LAW 109–59, AS AMENDED BY SEC.
4011, PUBLIC LAW 114–94).
APPENDIX B TO PART 1300—APPLICATION REQUIREMENTS FOR SECTION 405 AND SECTION
1906 GRANTS.
APPENDIX C TO PART 1300—PARTICIPATION BY
POLITICAL SUBDIVISIONS.
APPENDIX D TO PART 1300—PLANNING AND ADMINISTRATION (P&A) COSTS.
AUTHORITY: 23 U.S.C. 402; 23 U.S.C. 405; Sec.
1906, Pub. L. 109–59, 119 Stat. 1468, as amended by Sec. 4011, Pub. L. 114–94, 129 Stat. 1512;
delegation of authority at 49 CFR 1.95.

1300.20 General.
1300.21 Occupant protection grants.
1300.22 State traffic safety information system improvements grants.
1300.23 Impaired driving countermeasures
grants.
1300.24 Distracted driving grants.
1300.25 Motorcyclist safety grants.
1300.26 State graduated driver licensing incentive grants.
1300.27 Nonmotorized safety grants.
1300.28 Racial profiling data collection
grants.

§ 1300.1

Subpart D—Administration of the Highway
Safety Grants

§ 1300.2

[Reserved]

§ 1300.3

Definitions.

1300.30 General.
1300.31 Equipment.
1300.32 Amendments to Highway Safety
Plans—approval by the Regional Administrator.
1300.33 Vouchers and project greements.
1300.34 [Reserved]
1300.35 Annual report.
1300.36 Appeals of written decision by a Regional Administrator.

Subpart E—Annual Reconciliation
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Subpart F—Non-Compliance
1300.50 General.
1300.51 Sanctions—reduction of apportionment.
1300.52 Risk assessment and non-compliance.

1300.40 Expiration of the Highway Safety
Plan.
1300.41 Disposition of unexpended balances.
1300.42 Post-grant adjustments.
1300.43 Continuing requirements.

SOURCE: 81 FR 32580, May 23, 2016, unless
otherwise noted.

Subpart A—General
Purpose.

This part establishes uniform procedures for State highway safety programs authorized under 23 U.S.C. Chapter 4 and Sec. 1906, Public Law 109–59,
as amended by Sec. 4011, Public Law
114–94.

As used in this part—
Annual Report File (ARF) means
FARS data that are published annually, but prior to final FARS data.
Carry-forward funds means those
funds that a State has not expended on
projects in the fiscal year in which
they were apportioned or allocated,
that are within the period of availability, and that are being brought forward and made available for expenditure in a subsequent fiscal year.
Contract authority means the statutory language that authorizes an agency to incur an obligation without the

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§ 1300.3

23 CFR Ch. III (4–1–17 Edition)

need for a prior appropriation or further action from Congress and which,
when exercised, creates a binding obligation on the United States for which
Congress must make subsequent liquidating appropriations.
Countermeasure strategy means a proven effective countermeasure proposed
or implemented with grant funds under
23 U.S.C. Chapter 4 and Section 1906 to
address identified problems and meet
performance targets. Examples include
high visibility occupant protection enforcement, DUI courts, or alcohol
screening and brief intervention programs.
Data-driven means informed by a systematic review and analysis of quality
data sources when making decisions related to planning, target establishment, resource allocation and implementation.
Evidence-based means based on approaches that are proven effective with
consistent results when making decisions related to countermeasure strategies and projects.
Fatality Analysis Reporting System
(FARS) means the nationwide census
providing public yearly data regarding
fatal injuries suffered in motor vehicle
traffic crashes, as published by
NHTSA.
Fatality rate means the ratio of the
number of fatalities (as defined in this
section) to the number of vehicle miles
traveled (VMT) (expressed in 100 million VMT) in a calendar year, based on
the data reported by the FARS database.
Final FARS means the FARS data
that replace the annual report file and
contain additional cases or updates
that became available after the annual
report file was released.
Fiscal year means the Federal fiscal
year, consisting of the 12 months beginning each October 1 and ending the
following September 30.
Five-year (5-year) rolling average
means the average of five individual
points of data from five consecutive
calendar years (e.g., the 5-year rolling
average of the annual fatality rate).
Governor means the Governor of any
of the fifty States, Puerto Rico, the
U.S. Virgin Islands, Guam, American
Samoa, or the Commonwealth of the
Northern Mariana Islands, the Mayor

of the District of Columbia, or, for the
application of this part to Indian Country as provided in 23 U.S.C. 402(h), the
Secretary of the Interior.
Governor’s Representative for Highway
Safety means the official appointed by
the Governor to implement the State’s
highway safety program or, for the application of this part to Indian Country
as provided in 23 U.S.C. 402(h), an official of the Bureau of Indian Affairs or
other Department of Interior official
who is duly designated by the Secretary of the Interior to implement the
Indian highway safety program.
Highway Safety Plan (HSP) means the
document that the State submits each
fiscal year as its application for highway safety grants, which describes the
State’s performance targets, the strategies and projects the State plans to
implement, and the resources from all
sources the State plans to use to
achieve its highway safety performance
targets.
Highway safety program means the
planning, strategies and performance
measures, and general oversight and
management of highway safety strategies and projects by the State either
directly or through sub-recipients to
address highway safety problems in the
State, as defined in the annual Highway Safety Plan and any amendments.
NHTSA means the National Highway
Traffic Safety Administration.
Number of fatalities means the total
number of persons suffering fatal injuries in a motor vehicle traffic crash
during a calendar year, based on data
reported in the FARS database.
Number of serious injuries means the
total number of persons suffering at
least one serious injury for each separate motor vehicle traffic crash during
a calendar year, as reported by the
State, where the crash involves a
motor vehicle traveling on a public
road.
Performance measure means a metric
that is used to establish targets and to
assess progress toward meeting the established targets.
Performance target means a quantifiable level of performance or a goal, expressed as a value, to be achieved within a specified time period.
Problem identification means the data
collection and analysis process for

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identifying areas of the State, types of
crashes, or types of populations (e.g.,
high-risk populations) that present
specific safety challenges to efforts to
improve a specific program area.
Program area means any of the national priority safety program areas
identified in 23 U.S.C. 405 or a program
area identified by a State in the highway safety plan as encompassing a
major highway safety problem in the
State and for which documented effective countermeasure strategies have
been identified or projected by analysis
to be effective.
Project means a specific undertaking
or activity proposed or implemented
with grant funds under 23 U.S.C. Chapter 4 and Section 1906 and that addresses countermeasure strategies identified
in the HSP.
Project agreement means a written
agreement at the State level or between the State and a subrecipient or
contractor under which the State
agrees to perform a project or to provide Federal funds in exchange for the
subrecipient’s or contractor’s performance of a project that supports the
highway safety program.
Project number means a unique identifier assigned to each project agreement
in the Highway Safety Plan.
Public road means any road under the
jurisdiction of and maintained by a
public authority and open to public
travel.
Section 402 means section 402 of title
23 of the United States Code.
Section 405 means section 405 of title
23 of the United States Code.
Section 1906 means Sec. 1906, Public
Law 109–59, as amended by Sec. 4011,
Public Law 114–94.
Serious injuries means, until April 15,
2019, injuries classified as ‘‘A’’ on the
KABCO scale through the use of the
conversion tables developed by NHTSA,
and thereafter, ‘‘suspected serious injury (A)’’ as defined in the Model Minimum
Uniform
Crash
Criteria
(MMUCC) Guideline, 4th Edition.
State means, except as provided in
§ 1300.25(b), any of the fifty States of
the United States, the District of Columbia, Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or, for the application of

§ 1300.4

this part to Indian Country as provided
in 23 U.S.C. 402(h), the Secretary of the
Interior.
State highway safety improvement program (HSIP) means the program defined in 23 U.S.C. 148(a)(10).
State strategic highway safety plan
(SHSP) means the plan defined in 23
U.S.C. 148(a)(11).
§ 1300.4 State Highway Safety Agency—authority and functions.
(a) In general. In order for a State to
receive grant funds under this part, the
Governor shall exercise responsibility
for the highway safety program by appointing a Governor’s Representative
for Highway Safety who shall be responsible for a State Highway Safety
Agency that has adequate powers and
is suitably equipped and organized to
carry out the State’s highway safety
program.
(b) Authority. Each State Highway
Safety Agency shall be authorized to—
(1) Develop and execute the Highway
Safety Plan and highway safety program in the State;
(2) Manage Federal grant funds effectively and efficiently and in accordance with all Federal and State requirements;
(3) Obtain information about highway safety programs and projects administered by other State and local
agencies;
(4) Maintain or have access to information contained in State highway
safety data systems, including crash,
citation or adjudication, emergency
medical services/injury surveillance,
roadway and vehicle record keeping
systems, and driver license data;
(5) Periodically review and comment
to the Governor on the effectiveness of
programs to improve highway safety in
the State from all funding sources that
the State plans to use for such purposes;
(6) Provide financial and technical
assistance to other State agencies and
political subdivisions to develop and
carry out highway safety strategies
and projects; and
(7) Establish and maintain adequate
staffing to effectively plan, manage,

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§ 1300.5

23 CFR Ch. III (4–1–17 Edition)

and provide oversight of projects approved in the HSP and to properly administer the expenditure of Federal
grant funds.
(c) Functions. Each State Highway
Safety Agency shall—
(1) Develop and prepare the HSP
based on evaluation of highway safety
data, including crash fatalities and injuries, roadway, driver and other data
sources to identify safety problems
within the State;
(2) Establish projects to be funded
within the State under 23 U.S.C. Chapter 4 based on identified safety problems and priorities and projects under
Section 1906;
(3) Conduct a risk assessment of subrecipients and monitor subrecipients
based on risk, as provided in 2 CFR
200.331;
(4) Provide direction, information
and assistance to subrecipients concerning highway safety grants, procedures for participation, development of
projects and applicable Federal and
State regulations and policies;
(5) Encourage and assist subrecipients to improve their highway safety
planning and administration efforts;
(6) Review and approve, and evaluate
the implementation and effectiveness
of, State and local highway safety programs and projects from all funding
sources that the State plans to use
under the HSP, and approve and monitor the expenditure of grant funds
awarded under 23 U.S.C. Chapter 4 and
Section 1906;
(7) Assess program performance
through analysis of highway safety
data and data-driven performance
measures;
(8) Ensure that the State highway
safety program meets the requirements
of 23 U.S.C. Chapter 4, Section 1906 and
applicable Federal and State laws, including but not limited to the standards for financial management systems
required under 2 CFR 200.302 and internal controls required under 2 CFR
200.303;
(9) Ensure that all legally required
audits of the financial operations of
the State Highway Safety Agency and
of the use of highway safety grant
funds are conducted;
(10) Track and maintain current
knowledge of changes in State statutes

or regulations that could affect State
qualification for highway safety grants
or transfer programs;
(11) Coordinate the HSP and highway
safety data collection and information
systems activities with other federally
and non-federally supported programs
relating to or affecting highway safety,
including the State strategic highway
safety plan as defined in 23 U.S.C.
148(a); and
(12) Administer Federal grant funds
in accordance with Federal and State
requirements, including 2 CFR parts
200 and 1201.
§ 1300.5 Due dates—interpretation.
If any deadline or due date in this
part falls on a Saturday, Sunday or
Federal holiday, the applicable deadline or due date shall be the next business day.

Subpart B—Highway Safety Plan
§ 1300.10 General.
To apply for any highway safety
grant under 23 U.S.C. Chapter 4 and
Section 1906, a State shall submit electronically a Highway Safety Plan
meeting the requirements of this subpart.
§ 1300.11 Contents.
The State’s Highway Safety Plan
documents a State’s highway safety
program that is data-driven in establishing performance targets and selecting the countermeasure strategies and
projects to meet performance targets.
Each fiscal year, the State’s HSP shall
consist of the following components:
(a) Highway safety planning process.
(1) Description of the data sources and
processes used by the State to identify
its highway safety problems, describe
its highway safety performance measures, establish its performance targets,
and develop and select evidence-based
countermeasure strategies and projects
to address its problems and achieve its
performance targets;
(2) Identification of the participants
in the processes (e.g., highway safety
committees, program stakeholders,
community and constituent groups);
(3) Description and analysis of the
State’s overall highway safety problems as identified through an analysis

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National Highway Traffic Safety Admin., DOT
of data, including but not limited to fatality, injury, enforcement, and judicial data, to be used as a basis for setting performance targets and developing countermeasure strategies.
(4) Discussion of the methods for
project selection (e.g., constituent outreach, public meetings, solicitation of
proposals);
(5) List of information and data
sources consulted; and
(6) Description of the outcomes from
the coordination of the HSP, data collection, and information systems with
the State SHSP.
(b) Performance report. A programarea-level report on the State’s
progress towards meeting State performance targets from the previous fiscal year’s HSP, and a description of
how the State will adjust its upcoming
HSP to better meet performance targets if a State has not met its performance targets.
(c) Performance plan. (1) List of quantifiable and measurable highway safety
performance targets that are data-driven, consistent with the Uniform Guidelines for Highway Safety Program and
based on highway safety problems identified by the State during the planning
process conducted under paragraph (a)
of this section.
(2) All performance measures developed by NHTSA in collaboration with
the Governors Highway Safety Association (‘‘Traffic Safety Performance
Measures for States and Federal Agencies’’ (DOT HS 811 025)), as revised in
accordance with 23 U.S.C. 402(k)(5) and
published in the FEDERAL REGISTER,
which must be used as minimum measures in developing the performance targets identified in paragraph (c)(1) of
this section, provided that—
(i) At least one performance measure
and performance target that is datadriven shall be provided for each program area that enables the State to
track progress toward meeting the
quantifiable annual target;
(ii) For each program area performance measure, the State shall provide—
(A) Documentation of current safety
levels (baseline) calculated based on a
5-year rolling average for common performance measures in the HSP and
HSIP, as provided in paragraph
(c)(2)(iii) of this section;

§ 1300.11

(B) Quantifiable performance targets;
and
(C) Justification for each performance target that explains how the target is data-driven, including a discussion of the factors that influenced the
performance target selection; and
(iii) State HSP performance targets
are identical to the State DOT targets
for common performance measures (fatality, fatality rate, and serious injuries) reported in the HSIP annual report, as coordinated through the State
SHSP. These performance measures
shall be based on a 5-year rolling average that is calculated by adding the
number of fatalities or number of serious injuries as it pertains to the performance measure for the most recent
5 consecutive calendar years ending in
the year for which the targets are established. The ARF may be used, but
only if final FARS is not yet available.
The sum of the fatalities or sum of serious injuries is divided by five and
then rounded to the tenth decimal
place for fatality or serious injury
numbers and rounded to the thousandth decimal place for fatality rates.
(3) Additional performance measures
not included under paragraph (c)(2) of
this section. For program areas where
performance measures have not been
jointly developed (e.g., distracted driving, drug-impaired driving) for which
States are using HSP funds, the State
shall develop its own performance
measures and performance targets that
are data-driven, and shall provide the
same information as required under
paragraph (c)(2) of this section.
(d) Highway safety program area problem identification, countermeasure strategies, projects and funding. (1) Description of each program area countermeasure strategy that will help the
State complete its program and
achieve specific performance targets
described in paragraph (c) of this section, including, at a minimum—
(i) An assessment of the overall projected traffic safety impacts of the
countermeasure strategies chosen and
of the proposed or approved projects to
be funded; and
(ii) A description of the linkage between program area problem identification data, performance targets,

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§ 1300.11

23 CFR Ch. III (4–1–17 Edition)

identified countermeasure strategies
and allocation of funds to projects.
(2) Description of each project within
the countermeasure strategies in paragraph (d)(1) of this section that the
State plans to implement to reach the
performance targets identified in paragraph (c) of this section, including, at a
minimum—
(i) A list and description of the
projects that the State will conduct to
support the countermeasure strategies
within each program area to address
its problems and achieve its performance targets; and
(ii) For each project, identification of
the project name and description, subrecipient, funding sources, funding
amounts, amount for match, indirect
cost, local benefit and maintenance of
effort (as applicable), project number,
and program funding code.
(3) Data and data analysis or other
documentation consulted that support
the effectiveness of proposed countermeasure strategies and support the selection of and funding allocation for
the proposed projects described in paragraph (d)(2) of this section (e.g., program assessment recommendations,
participation in national mobilizations, emerging issues). The State may
also include information on the cost effectiveness of proposed countermeasure
strategies, if such information is available.
(4) For innovative countermeasure
strategies (i.e., countermeasure strategies that are not evidence-based), justification supporting the countermeasure strategy.
(5) Evidence-based traffic safety enforcement program (TSEP) to prevent
traffic violations, crashes, and crash
fatalities and injuries in areas most at
risk for such incidents, provided that—
(i) The State shall identify the
projects that collectively constitute a
data-driven TSEP and include—
(A) An analysis of crashes, crash fatalities, and injuries in areas of highest
risk; and
(B) An explanation of the deployment
of resources based on that analysis.
(ii) The State shall describe how it
plans to monitor the effectiveness of
enforcement activities, make ongoing
adjustments as warranted by data, and
update the countermeasure strategies

and projects in the HSP, as applicable,
in accordance with this part.
(6) The planned high-visibility enforcement (HVE) strategies to support
national mobilizations. The State shall
implement activities in support of national highway safety goals to reduce
motor vehicle related fatalities that
also reflect the primary data-related
crash factors within the State, as identified by the State highway safety
planning process, including:
(i) Participation in the National
high-visibility law enforcement mobilizations in accordance with 23 U.S.C.
404. The planned high-visibility enforcement strategies to support the national mobilizations shall include not
less than three mobilization campaigns
in each fiscal year to reduce alcoholimpaired or drug-impaired operation of
motor vehicles and increase use of
seatbelts by occupants of motor vehicles; and
(ii) Submission of information regarding
mobilization
participation
(e.g., participating and reporting agencies, enforcement activity, citation information, paid and earned media information) to NHTSA.
(e) Teen Traffic Safety Program. If the
State elects to include the Teen Traffic
Safety Program authorized under 23
U.S.C. 402(m), a description of projects,
including the amount and types of Federal funding requested, the State
match, planning and administration
costs, local benefit as applicable, appropriate use of fund codes, and applicable performance target that the
State will conduct as part of the Teen
Traffic Safety Program—a Statewide
program to improve traffic safety for
teen drivers. Projects must meet the
eligible use requirements of 23 U.S.C.
402(m)(2).
(f) Section 405 grant and racial profiling
data collection grant application. Application for any of the national priority
safety program grants and the racial
profiling data collection grant, in accordance with the requirements of subpart C and as provided in Appendix B,
signed by the Governor’s Representative for Highway Safety.
(g) Certifications and assurances. The
Certifications and Assurances for 23
U.S.C. Chapter 4 and Section 1906
grants contained in appendix A, signed

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by the Governor’s Representative for
Highway Safety, certifying to the HSP
application contents and performance
conditions and providing assurances
that the State will comply with applicable laws, and financial and programmatic requirements.

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§ 1300.12 Due date for submission.
(a) A State shall submit its Highway
Safety Plan electronically to NHTSA
no later than 11:59 p.m. EDT on July 1
preceding the fiscal year to which the
HSP applies.
(b) Failure to meet this deadline may
result in delayed approval and funding
of a State’s Section 402 grant or disqualification from receiving Section
405 or racial profiling data collection
grants.
§ 1300.13 Special funding conditions
for Section 402 Grants.
The State’s highway safety program
under Section 402 shall be subject to
the following conditions, and approval
under § 1300.14 of this part shall be
deemed to incorporate these conditions:
(a) Planning and administration costs.
(1) Federal participation in P&A activities shall not exceed 50 percent of the
total cost of such activities, or the applicable sliding scale rate in accordance with 23 U.S.C. 120. The Federal
contribution for P&A activities shall
not exceed 13 percent of the total funds
the State receives under Section 402. In
accordance with 23 U.S.C. 120(i), the
Federal share payable for projects in
the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of
the Northern Mariana Islands shall be
100 percent. The Indian Country, as defined by 23 U.S.C. 402(h), is exempt
from the provisions of P&A requirements. NHTSA funds shall be used only
to fund P&A activities attributable to
NHTSA programs. Determinations of
P&A shall be in accordance with the
provisions of Appendix D.
(2) P&A tasks and related costs shall
be described in the P&A module of the
State’s Highway Safety Plan. The
State’s matching share shall be determined on the basis of the total P&A
costs in the module.
(b) Prohibition on use of grant funds to
check for helmet usage. Grant funds

§ 1300.13

under this part shall not be used for
programs to check helmet usage or to
create checkpoints that specifically
target motorcyclists.
(c) Prohibition on use of grant funds for
automated traffic enforcement systems.
The State may not expend funds apportioned to the State under Section 402
to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. The term
‘‘automated traffic enforcement system’’ includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand
held radar and other devices operated
by law enforcement officers to make an
on-the-scene traffic stop, issue a traffic
citation, or other enforcement action
at the time of the violation.
(d) Biennial survey of State automated
traffic enforcement systems requirement.
(1) Beginning with fiscal year 2018 highway safety plans and biennially thereafter, the State must either—
(i) Certify, as provided in Appendix
A, that automated traffic enforcement
systems are not used on any public
road in the State; or
(ii)(A) Conduct a survey during the
fiscal year of the grant meeting the requirements of paragraph (d)(2) of this
section and provide assurances, as provided in Appendix A, that it will do so;
and
(B) Submit the survey results to the
NHTSA Regional office no later than
March 1 of the fiscal year of the grant.
(2) Survey contents. The survey shall
include information about all automated traffic enforcement systems installed in the State, including systems
installed in political subdivisions. The
survey shall include:
(i) List of automated traffic enforcement systems in the State;
(ii) Adequate data to measure the
transparency, accountability, and safety attributes of each automated traffic
enforcement system; and
(iii) Comparison of each automated
traffic enforcement system with—
(A) ‘‘Speed Enforcement Camera Systems Operational Guidelines’’ (DOT HS
810 916), as updated; and
(B) ‘‘Red Light Camera Systems
Operational Guidelines’’ (FHWA–SA–
05–002), as updated.

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§ 1300.14

23 CFR Ch. III (4–1–17 Edition)

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§ 1300.14 Review and approval procedures.
(a) General. Upon receipt and initial
review of the Highway Safety Plan,
NHTSA may request additional information from a State to ensure compliance with the requirements of this
part. Failure to respond promptly to a
request for additional information concerning the Section 402 grant application may result in delayed approval
and funding of a State’s Section 402
grant. Failure to respond promptly to a
request for additional information concerning any of the Section 405 or Section 1906 grant applications may result
in a State’s disqualification from consideration for a Section 405 or Section
1906 grant.
(b) Approval or disapproval of Highway
Safety Plan. Within 45 days after receipt of the HSP under this subpart—
(1) For Section 402 grants, the Regional Administrator shall issue—
(i) A letter of approval, with conditions, if any, to the Governor’s Representative for Highway Safety; or
(ii) A letter of disapproval to the
Governor’s Representative for Highway
Safety informing the State of the reasons for disapproval and requiring resubmission of the HSP with proposed
revisions necessary for approval.
(2) For Section 405 and Section 1906
grants, the NHTSA Administrator
shall notify States in writing of Section 405 and Section 1906 grant awards
and specify any conditions or limitations imposed by law on the use of
funds.
(c) Resubmission of disapproved Highway Safety Plan. The Regional Administrator shall issue a letter of approval
or disapproval within 30 days after receipt of a revised HSP resubmitted as
provided in paragraph (b)(1)(ii) of this
section.
§ 1300.15 Apportionment and obligation of Federal funds.
(a) Except as provided in paragraph
(b) of this section, on October 1 of each
fiscal year, or soon thereafter, the
NHTSA Administrator shall, in writing, distribute funds available for obligation under 23 U.S.C. Chapter 4 and
Section 1906 to the States and specify
any conditions or limitations imposed
by law on the use of the funds.

(b) In the event that authorizations
exist but no applicable appropriation
act has been enacted by October 1 of a
fiscal year, the NHTSA Administrator
may, in writing, distribute a part of
the funds authorized under 23 U.S.C.
Chapter 4 and Section 1906 contract authority to the States to ensure program continuity, and in that event
shall specify any conditions or limitations imposed by law on the use of the
funds. Upon appropriation of grant
funds, the NHTSA Administrator shall,
in writing, promptly adjust the obligation limitation and specify any conditions or limitations imposed by law on
the use of the funds.
(c) Funds distributed under paragraph (a) or (b) of this section shall be
available for expenditure by the States
to satisfy the Federal share of expenses
under the approved Highway Safety
Plan, and shall constitute a contractual obligation of the Federal Government, subject to any conditions or limitations identified in the distributing
document. Such funds shall be available for expenditure by the States as
provided in § 1300.41(b), after which the
funds shall lapse.
(d) Notwithstanding the provisions of
paragraph (c) of this section, reimbursement of State expenses or advance payment of 23 U.S.C. Chapter 4
and Section 1906 funds shall be contingent upon the State’s submission of upto-date and approved projects in the
HSP, in accordance with §§ 1300.11(d)
and 1300.32.

Subpart C—National Priority Safety
Program and Racial Profiling
Data Collection Grants
§ 1300.20

General.

(a) Scope. This subpart establishes
criteria, in accordance with Section 405
for awarding grants to States that
adopt and implement programs and
statutes to address national priorities
for reducing highway deaths and injuries, and in accordance with Section
1906, for awarding grants to States that
maintain and allow public inspection
of race and ethnic information on
motor vehicle stops.
(b) Definitions. As used in this subpart—

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Blood alcohol concentration or BAC
means grams of alcohol per deciliter or
100 milliliters blood, or grams of alcohol per 210 liters of breath.
Majority means greater than 50 percent.
Passenger motor vehicle means a passenger car, pickup truck, van, minivan
or sport utility vehicle with a gross vehicle weight rating of less than 10,000
pounds.
Personal wireless communications device means a device through which personal wireless services (commercial
mobile services, unlicensed wireless
services, and common carrier wireless
exchange access services) are transmitted, but does not include a global
navigation satellite system receiver
used for positioning, emergency notification, or navigation purposes.
Primary offense means an offense for
which a law enforcement officer may
stop a vehicle and issue a citation in
the absence of evidence of another offense.
(c) Eligibility and application—(1) Eligibility. Except as provided in § 1300.25(c),
the 50 States, the District of Columbia,
Puerto Rico, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam and the U.S. Virgin
Islands are each eligible to apply for
grants identified under this subpart.
(2) Application. (i) For all grants
under Section 405 and Section 1906, the
Governor’s Representative for Highway
Safety, on behalf of the State, shall
sign and submit with the Highway
Safety Plan, the information required
under Appendix B—Application Requirements for Section 405 and Section
1906 Grants.
(ii) For all grant applications under
Section 405 and Section 1906, if the
State is relying on specific elements of
the HSP as part of its application materials for grants under this subpart,
the State shall include the specific
page numbers in the HSP.
(d) Qualification based on State statutes. Whenever a qualifying State statute is the basis for a grant awarded
under this subpart, such statute shall
have been enacted by the application
due date and be in effect and enforced,
without interruption, by the beginning
of and throughout the fiscal year of the
grant award.

§ 1300.21

(e) Award determinations and transfer
of funds. (1) Except as provided in
§ 1300.26(g), the amount of a grant
awarded to a State in a fiscal year
under Section 405 and Section 1906
shall be in proportion to the amount
each such State received under Section
402 for fiscal year 2009.
(2) Notwithstanding paragraph (e)(1)
of this section, and except as provided
in §§ 1300.25(k) and 1300.28(c)(2), a grant
awarded to a State in a fiscal year
under Section 405 may not exceed 10
percent of the total amount made
available for that subsection for that
fiscal year.
(3) Except for amounts made available for grants under § 1300.28, if it is
determined after review of applications
that funds for a grant program under
Section 405 will not all be distributed,
such funds shall be transferred to Section 402 and shall distributed in proportion to the amount each State received
under Section 402 for fiscal year 2009 to
ensure, to the maximum extent practicable, that each State receives the
maximum funding for which it qualifies.
(f) Matching. (1) Except as provided in
paragraph (f)(2) of this section, the
Federal share of the costs of activities
or programs funded with grants awarded under this subpart may not exceed
80 percent.
(2) The Federal share of the costs of
activities or programs funded with
grants awarded to the U.S. Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be 100 percent.
§ 1300.21

Occupant protection grants.

(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(b), for awarding grants to States
that adopt and implement effective occupant protection programs to reduce
highway deaths and injuries resulting
from individuals riding unrestrained or
in properly restrained in motor vehicles.
(b) Definitions. As used in this section—
Child restraint means any device (including a child safety seat, booster seat
used in conjunction with 3-point belts,
or harness, but excluding seat belts)

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§ 1300.21

23 CFR Ch. III (4–1–17 Edition)

that is designed for use in a motor vehicle to restrain, seat, or position a
child who weighs 65 pounds (30 kilograms) or less and that meets the Federal motor vehicle safety standard prescribed by NHTSA for child restraints.
High seat belt use rate State means a
State that has an observed seat belt
use rate of 90.0 percent or higher (not
rounded) based on validated data from
the State survey of seat belt use conducted during the previous calendar
year, in accordance with the Uniform
Criteria for State Observational Surveys of Seat Belt Use, 23 CFR part 1340
(e.g., for a grant application submitted
on July 1, 2016, the ‘‘previous calendar
year’’ would be 2015).
Lower seat belt use rate State means a
State that has an observed seat belt
use rate below 90.0 percent (not rounded) based on validated data from the
State survey of seat belt use conducted
during the previous calendar year, in
accordance with the Uniform Criteria
for State Observational Surveys of
Seat Belt Use, 23 CFR part 1340 (e.g.,
for a grant application submitted on
July 1, 2016, the ‘‘previous calendar
year’’ would be 2015).
Seat belt means, with respect to openbody
motor
vehicles,
including
convertibles, an occupant restraint
system consisting of a lap belt or a lap
belt and a detachable shoulder belt,
and with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder
belts.
(c) Eligibility determination. A State is
eligible to apply for a grant under this
section as a high seat belt use rate
State or as a lower seat belt use rate
State, in accordance with paragraph (d)
or (e) of this section, as applicable.
(d) Qualification criteria for a high seat
belt use rate State. To qualify for an Occupant Protection Grant in a fiscal
year, a high seat belt use rate State (as
determined by NHTSA) shall submit as
part of its HSP the following documentation, in accordance with Part 1
of Appendix B:
(1) Occupant protection plan. State occupant protection program area plan
that identifies the safety problems to
be addressed, performance measures
and targets, and the countermeasure
strategies and projects the State will

implement to address those problems,
at the level of detail required under
§ 1300.11(c) and (d).
(2) Participation in Click-it-or-Ticket
national mobilization. Description of the
State’s planned participation in the
Click it or Ticket national mobilization, including a list of participating
agencies, during the fiscal year of the
grant, as required under § 1300.11(d)(6);
(3) Child restraint inspection stations.
(i) Table in the HSP that documents an
active network of child passenger safety inspection stations and/or inspection events, including:
(A) The total number of inspection
stations/events in the State; and
(B) The total number of inspection
stations and/or inspection events that
service rural and urban areas and atrisk populations (e.g., low income, minority); and
(ii) Certification, signed by the Governor’s Representative for Highway
Safety, that the inspection stations/
events are staffed with at least one
current nationally Certified Child Passenger Safety Technician.
(4) Child passenger safety technicians.
Table in the HSP that identifies the
number of classes to be held, location
of classes, and estimated number of
students needed to ensure coverage of
child passenger safety inspection stations and inspection events by nationally Certified Child Passenger Safety
Technicians.
(5) Maintenance of effort. The assurance in Part 1 of Appendix B that the
lead State agency responsible for occupant protection programs shall maintain its aggregate expenditures for occupant protection programs at or
above the average level of such expenditures in fiscal years 2014 and 2015.
(e) Qualification criteria for a lower
seat belt use rate State. To qualify for an
Occupant Protection Grant in a fiscal
year, a lower seat belt use rate State
(as determined by NHTSA) shall satisfy
all the requirements of paragraph (d) of
this section, and submit as part of its
HSP documentation demonstrating
that it meets at least three of the following additional criteria, in accordance with Part 1 of Appendix B:
(1) Primary enforcement seat belt use
statute. The State shall provide legal

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citations to the State law demonstrating that the State has enacted
and is enforcing occupant protection
statutes that make a violation of the
requirement to be secured in a seat
belt or child restraint a primary offense.
(2) Occupant protection statute. The
State shall provide legal citations to
State law demonstrating that the
State has enacted and is enforcing occupant protection statutes that:
(i) Require—
(A) Each occupant riding in a passenger motor vehicle who is under
eight years of age, weighs less than 65
pounds and is less than four feet, nine
inches in height to be secured in an
age-appropriate child restraint;
(B) Each occupant riding in a passenger motor vehicle other than an occupant
identified
in
paragraph
(e)(2)(i)(A) of this section to be secured
in a seat belt or age-appropriate child
restraint;
(C) A minimum fine of $25 per unrestrained occupant for a violation of the
occupant protection statutes described
in paragraph (e)(2)(i) of this section.
(ii)
Notwithstanding
paragraph
(e)(2)(i), permit no exception from coverage except for—
(A) Drivers, but not passengers, of
postal, utility, and commercial vehicles that make frequent stops in the
course of their business;
(B) Persons who are unable to wear a
seat belt or child restraint because of a
medical condition, provided there is
written documentation from a physician;
(C) Persons who are unable to wear a
seat belt or child restraint because all
other seating positions are occupied by
persons properly restrained in seat
belts or child restraints;
(D) Emergency vehicle operators and
passengers in emergency vehicles during an emergency;
(E) Persons riding in seating positions or vehicles not required by Federal Motor Vehicle Safety Standards to
be equipped with seat belts; or
(F) Passengers in public and livery
conveyances.
(3) Seat belt enforcement. The State
shall identify the countermeasure
strategies and projects demonstrating
that the State conducts sustained en-

§ 1300.21

forcement (i.e., a program of recurring
efforts throughout the fiscal year of
the grant to promote seat belt and
child restraint enforcement), at the
level
of
detail
required
under
§ 1300.11(d)(5), that based on the State’s
problem identification, involves law
enforcement agencies responsible for
seat belt enforcement in geographic
areas in which at least 70 percent of
the State’s unrestrained passenger vehicle occupant fatalities occurred.
(4) High risk population countermeasure
programs. The State shall identify the
countermeasure
strategies
and
projects, at the level of detail required
under § 1300.11(d), demonstrating that
the State will implement data-driven
programs to improve seat belt and
child restraint use for at least two of
the following at-risk populations:
(i) Drivers on rural roadways;
(ii) Unrestrained nighttime drivers;
(iii) Teenage drivers;
(iv) Other high-risk populations identified in the occupant protection program area required under paragraph
(d)(1) of this section.
(5) Comprehensive occupant protection
program. The State shall submit the
following:
(i) Date of NHTSA-facilitated program assessment that was conducted
within five years prior to the application due date that evaluates the occupant protection program for elements
designed to increase seat belt usage in
the State;
(ii) Multi-year strategic plan based
on input from Statewide stakeholders
(task force) under which the State developed—
(A) Data-driven performance targets to
improve occupant protection in the
State, at the level of detail required
under § 1300.11(c);
(B) Countermeasure strategies (such as
enforcement, education, communication, policies/legislation, partnerships/
outreach) designed to achieve the performance targets of the strategic plan,
at the level of detail required under
§ 1300.11(d);
(C) A program management strategy
that provides leadership and indicates
who is responsible for implementing
various aspects of the multi-year strategic plan; and

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§ 1300.22

23 CFR Ch. III (4–1–17 Edition)

(D) An enforcement strategy that includes activities such as encouraging
seat belt use policies for law enforcement agencies, vigorous enforcement
of seat belt and child safety seat statutes, and accurate reporting of occupant protection system information on
police accident report forms, at the
level
of
detail
required
under
§ 1300.11(d)(5).
(iii) The name and title of the State’s
designated occupant protection coordinator responsible for managing the occupant protection program in the
State, including developing the occupant protection program area of the
HSP and overseeing the execution of
the projects designated in the HSP; and
(iv) A list that contains the names,
titles and organizations of the Statewide occupant protection task force
membership that includes agencies and
organizations that can help develop,
implement, enforce and evaluate occupant protection programs.
(6) Occupant protection program assessment. The State shall identify the date
of the NHTSA-facilitated assessment of
all elements of its occupant protection
program, which must have been conducted within three years prior to the
application due date.
(f) Use of grant funds—(1) Eligible uses.
Except as provided in paragraph (f)(2)
of this section, a State may use grant
funds awarded under 23 U.S.C. 405(b) for
the following programs or purposes
only:
(i) To support high-visibility enforcement mobilizations, including paid
media that emphasizes publicity for
the program, and law enforcement;
(ii) To train occupant protection
safety professionals, police officers,
fire and emergency medical personnel,
educators, and parents concerning all
aspects of the use of child restraints
and occupant protection;
(iii) To educate the public concerning
the proper use and installation of child
restraints, including related equipment
and information systems;
(iv) To provide community child passenger safety services, including programs about proper seating positions
for children and how to reduce the improper use of child restraints;
(v) To establish and maintain information systems containing data about

occupant protection, including the collection and administration of child
passenger safety and occupant protection surveys; or
(vi) To purchase and distribute child
restraints to low-income families, provided that not more than five percent
of the funds received in a fiscal year
are used for such purpose.
(2) Special rule—high seat belt use rate
States.
Notwithstanding
paragraph
(f)(1) of this section, a State that qualifies for grant funds as a high seat belt
use rate State may elect to use up to
100 percent of grant funds awarded
under this section for any eligible
project or activity under Section 402.
§ 1300.22 State Traffic safety information system improvements grants.
(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(c), for grants to States to develop
and implement effective programs that
improve the timeliness, accuracy, completeness, uniformity, integration, and
accessibility of State safety data needed to identify priorities for Federal,
State, and local highway and traffic
safety programs; evaluate the effectiveness of such efforts; link State data
systems, including traffic records and
systems that contain medical, roadway, and economic data; improve the
compatibility and interoperability of
State data systems with national data
systems and the data systems of other
States; and enhance the agency’s ability to observe and analyze national
trends in crash occurrences, rates, outcomes, and circumstances.
(b) Qualification criteria. To qualify
for a grant under this section in a fiscal year, a State shall submit as part
of its HSP the following documentation, in accordance with part 2 of appendix B:
(1) Traffic records coordinating committee (TRCC). The State shall submit—
(i) At least three meeting dates of
the TRCC during the 12 months immediately preceding the application due
date;
(ii) Name and title of the State’s
Traffic Records Coordinator;
(iii) List of TRCC members by name,
title, home organization and the core
safety database represented, provided

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that at a minimum, at least one member represents each of the following
core safety databases:
(A) Crash;
(B) Citation or adjudication;
(C) Driver;
(D) Emergency medical services or
injury surveillance system;
(E) Roadway; and
(F) Vehicle.
(2) State traffic records strategic plan.
The State shall submit a Strategic
Plan, approved by the TRCC, that—
(i) Describes specific, quantifiable
and measurable improvements, as described in paragraph (b)(3) of this section, that are anticipated in the
State’s core safety databases, including
crash, citation or adjudication, driver,
emergency medical services or injury
surveillance system, roadway, and vehicle databases;
(ii) Includes a list of all recommendations from its most recent highway
safety data and traffic records system
assessment;
(iii) Identifies which recommendations described in paragraph (b)(2)(ii) of
this section the State intends to address in the fiscal year, the projects in
the HSP that implement each recommendation, and the performance
measures to be used to demonstrate
quantifiable and measurable progress;
and
(iv) Identifies which recommendations described in paragraph (b)(2)(ii) of
this section the State does not intend
to address in the fiscal year and explains the reason for not implementing
the recommendations.
(3) Quantitative improvement. The
State shall demonstrate quantitative
improvement in the data attribute of
accuracy, completeness, timeliness,
uniformity, accessibility or integration
of a core database by providing—
(i) A written description of the performance measures that clearly identifies which performance attribute for
which core database the State is relying on to demonstrate progress using
the methodology set forth in the
‘‘Model Performance Measures for
State Traffic Records Systems’’ (DOT
HS 811 441), as updated; and
(ii) Supporting documentation covering a contiguous 12 month performance period starting no earlier than

§ 1300.23

April 1 of the calendar year prior to the
application due date that demonstrates
quantitative improvement when compared to the comparable 12 month baseline period.
(4) State highway safety data and traffic records system assessment. The State
shall identify the date of the assessment of the State’s highway safety
data and traffic records system that
was conducted or updated within the
five years prior to the application due
date and that complies with the procedures and methodologies outlined in
NHTSA’s ‘‘Traffic Records Highway
Safety Program Advisory’’ (DOT HS
811 644), as updated.
(c) Requirement for maintenance of effort. The State shall submit the assurance in part 2 of appendix B that the
lead State agency responsible for State
traffic safety information system improvements programs shall maintain
its aggregate expenditures for State
traffic safety information system improvements programs at or above the
average level of such expenditures in
fiscal years 2014 and 2015.
(d) Use of grant funds. A State may
use grant funds awarded under 23
U.S.C. 405(c) to make quantifiable,
measureable progress improvements in
the accuracy, completeness, timeliness, uniformity, accessibility or integration of data in a core highway safety database.
§ 1300.23 Impaired driving countermeasures grants.
(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(d), for awarding grants to States
that adopt and implement effective
programs to reduce traffic safety problems resulting from individuals driving
motor vehicles while under the influence of alcohol, drugs, or the combination of alcohol and drugs; that enact
alcohol-ignition interlock laws; or that
implement 24–7 sobriety programs.
(b) Definitions. As used in this section—
24–7 sobriety program means a State
law or program that authorizes a State
court or an agency with jurisdiction, as
a condition of bond, sentence, probation, parole, or work permit, to require
an individual who was arrested for,
pleads guilty to or was convicted of

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§ 1300.23

23 CFR Ch. III (4–1–17 Edition)

driving under the influence of alcohol
or drugs to—
(i) Abstain totally from alcohol or
drugs for a period of time; and
(ii) Be subject to testing for alcohol
or drugs at least twice per day at a
testing
location,
by
continuous
transdermal alcohol monitoring via an
electronic monitoring device or by an
alternative
method
approved
by
NHTSA.
Alcohol means wine, beer and distilled spirits.
Average impaired driving fatality rate
means the number of fatalities in
motor vehicle crashes involving a driver with a blood alcohol concentration
of at least 0.08 percent for every
100,000,000 vehicle miles traveled, based
on the most recently reported three
calendar years of final data from the
FARS.
Assessment means a NHTSA-facilitated process that employs a team of
subject matter experts to conduct a
comprehensive review of a specific
highway safety program in a State.
Driving under the influence of alcohol,
drugs, or a combination of alcohol and
drugs means operating a vehicle while
the alcohol and/or drug concentration
in the blood or breath, as determined
by chemical or other tests, equals or
exceeds the level established by the
State, or is equivalent to the standard
offense, for driving under the influence
of alcohol or drugs in the State.
Driving While Intoxicated (DWI) Court
means a court that specializes in cases
involving driving while intoxicated and
abides by the Ten Guiding Principles of
DWI Courts in effect on the date of the
grant, as established by the National
Center for DWI Courts.
Drugs means controlled substances,
as that term is defined under section
102(6) of the Controlled Substances Act,
21 U.S.C. 802(6).
High-visibility
enforcement
efforts
means participation in national impaired driving law enforcement campaigns organized by NHTSA, participation in impaired driving law enforcement campaigns organized by the
State, or the use of sobriety checkpoints and/or saturation patrols conducted in a highly visible manner and
supported by publicity through paid or
earned media.

High-range State means a State that
has an average impaired driving fatality rate of 0.60 or higher.
Low-range State means a State that
has an average impaired driving fatality rate of 0.30 or lower.
Mid-range State means a State that
has an average impaired driving fatality rate that is higher than 0.30 and
lower than 0.60.
Restriction on driving privileges means
any type of State-imposed limitation,
such as a license revocation or suspension, location restriction, alcohol-ignition interlock device, or alcohol use
prohibition.
Saturation patrol means a law enforcement activity during which enhanced levels of law enforcement are
conducted in a concentrated geographic area (or areas) for the purpose
of detecting drivers operating motor
vehicles while impaired by alcohol and/
or other drugs.
Sobriety checkpoint means a law enforcement activity during which law
enforcement officials stop motor vehicles on a non-discriminatory, lawful
basis for the purpose of determining
whether the operators of such motor
vehicles are driving while impaired by
alcohol and/or other drugs.
Standard offense for driving under the
influence of alcohol or drugs means the
offense described in a State’s statute
that makes it a criminal offense to operate a motor vehicle while under the
influence of alcohol or drugs, but does
not require a measurement of alcohol
or drug content.
(c) Eligibility determination. A State is
eligible to apply for a grant under this
section as a low-range State, a midrange State or a high-range State, in
accordance with paragraph (d), (e), or
(f) of this section, as applicable. Independent of qualification on the basis of
range, a State may also qualify for separate grants under this section as a
State with an alcohol-ignition interlock law, as provided in paragraph (g)
of this section, or as a State with a 24–
7 sobriety program, as provided in
paragraph (h) of this section.
(d) Qualification criteria for a lowrange State. To qualify for an Impaired
Driving Countermeasures Grant in a
fiscal year, a low-range State (as determined by NHTSA) shall submit as part

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of its HSP the assurances in Part 3 of
Appendix B that—
(1) The State shall use the funds
awarded under 23 U.S.C. 405(d)(1) only
for the implementation and enforcement of programs authorized in paragraph (j) of this section; and
(2) The lead State agency responsible
for impaired driving programs shall
maintain its aggregate expenditures
for impaired driving programs at or
above the average level of such expenditures in fiscal years 2014 and 2015.
(e) Qualification criteria for a midrange State. (1) To qualify for an Impaired Driving Countermeasures Grant
in a fiscal year, a mid-range State (as
determined by NHTSA) shall submit as
part of its HSP the assurances required
in paragraph (d) of this section and a
copy of a Statewide impaired driving
plan that contains the following information, in accordance with part 3 of
appendix B:
(i) Section that describes the authority and basis for the operation of the
Statewide impaired driving task force,
including the process used to develop
and approve the plan and date of approval;
(ii) List that contains names, titles
and organizations of all task force
members, provided that the task force
includes key stakeholders from the
State highway safety agency, law enforcement and the criminal justice system (e.g., prosecution, adjudication,
probation) and, as determined appropriate by the State, representatives
from areas such as 24–7 sobriety programs, driver licensing, treatment and
rehabilitation, ignition interlock programs, data and traffic records, public
health and communication;
(iii) Strategic plan based on the most
recent version of Highway Safety Program Guideline No. 8—Impaired Driving, which, at a minimum, covers the
following—
(A) Prevention;
(B) Criminal justice system;
(C) Communication programs;
(D) Alcohol and other drug misuse,
including screening, treatment, assessment and rehabilitation; and
(E) Program evaluation and data.
(2) Previously submitted plan. A midrange State that has received a grant
for a previously submitted Statewide

§ 1300.23

impaired driving plan under paragraph
(e)(1) or (f)(1) of this section that was
developed and approved within three
years prior to the application due date
may, in lieu of submitting the plan required under paragraph (e)(1) of this
section, submit the assurances required
in paragraph (d) of this section and a
separate assurance that the State continues to use the previously submitted
plan.
(f) Qualification criteria for a highrange State. (1) To qualify for an Impaired Driving Countermeasures Grant
in a fiscal year, a high-range State (as
determined by NHTSA) shall submit as
part of its HSP the assurances required
in paragraph (d) of this section, the
date of a NHTSA-facilitated assessment of the State’s impaired driving
program conducted within three years
prior to the application due date, a
copy of a Statewide impaired driving
plan that contains the information required in paragraphs (e)(1)(i) through
(iii) of this section and that includes
the following additional information,
in accordance with part 3 of appendix
B:
(i) Review that addresses in each plan
area any related recommendations
from the assessment of the State’s impaired driving program;
(ii) Detailed project list for spending
grant funds on impaired driving activities listed in paragraph (j)(4) of this
section that must include high-visibility enforcement efforts, at the level
of detail required under § 1300.11(d); and
(iii) Description of how the spending
supports the State’s impaired driving
program and achievement of its performance targets, at the level of detail
required under § 1300.11(d).
(2) Previously submitted plans. If a
high-range State has received a grant
for a previously submitted Statewide
impaired driving plan under paragraph
(f)(1) of this section, in order to receive
a grant, the State may submit the assurances required in paragraph (d) of
this section, and provide updates to its
Statewide impaired driving plan that
meet the requirements of paragraphs
(e)(1)(i) through (iii) of this section and
updates to its assessment review and
spending plan that meet the requirements of paragraphs (f)(1)(i) through
(iii) of this section.

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§ 1300.23

23 CFR Ch. III (4–1–17 Edition)

(g) Grants to States with Alcohol-Ignition Interlock Laws. (1) To qualify for a
grant, a State shall submit as part of
its HSP legal citation(s), in accordance
with part 4 of appendix B, to State
statute demonstrating that the State
has enacted and is enforcing a statute
that requires all individuals convicted
of driving under the influence of alcohol or of driving while intoxicated to
drive only motor vehicles with alcoholignition interlocks for an authorized
period of not less than 6 months.
(2) Permitted exceptions. A State statute providing for the following exceptions, and no others, shall not be
deemed out of compliance with the requirements of paragraph (g)(1) of this
section:
(i) The individual is required to operate an employer’s motor vehicle in the
course and scope of employment and
the business entity that owns the vehicle is not owned or controlled by the
individual;
(ii) The individual is certified in
writing by a physician as being unable
to provide a deep lung breath sample
for analysis by an ignition interlock
device; or
(iii) A State-certified ignition interlock provider is not available within
100 miles of the individual’s residence.
(h) Grants to States with a 24–7 Sobriety
Program. To qualify for a grant, a State
shall submit the following as part of its
HSP, in accordance with part 5 of appendix B:
(1) Legal citation(s) to State statute
demonstrating that the State has enacted and is enforcing a statute that
requires all individuals convicted of
driving under the influence of alcohol
or of driving while intoxicated to receive a restriction on driving privileges, unless an exception in paragraph
(g)(2) of this section applies, for a period of not less than 30 days; and
(2) Legal citation(s) to State statute
or submission of State program information that authorizes a Statewide 24–
7 sobriety program.
(i) Award. (1) The amount available
for grants under paragraphs (d)–(f) of
this section shall be determined based
on the total amount of eligible States
for these grants and after deduction of
the amounts necessary to fund grants
under 23 U.S.C. 405(d)(6).

(2) The amount available for grants
under 23 U.S.C. 405(d)(6)(A) shall not
exceed 12 percent of the total amount
made available to States under 23
U.S.C. 405(d) for the fiscal year.
(3) The amount available for grants
under 23 U.S.C. 405(d)(6)(B) shall not exceed 3 percent of the total amount
made available to States under 23
U.S.C. 405(d) for the fiscal year.
(j) Use of grant funds—(1) Eligible uses.
Except as provided in paragraphs (j)(2)–
(5) of this section, a State may use
grant funds awarded under 23 U.S.C.
405(d) only for the following programs:
(i) High-visibility enforcement efforts;
(ii) Hiring a full-time or part-time
impaired driving coordinator of the
State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol;
(iii) Court support of high-visibility
enforcement efforts, training and education of criminal justice professionals
(including law enforcement, prosecutors, judges, and probation officers) to
assist such professionals in handling
impaired driving cases, hiring traffic
safety resource prosecutors, hiring judicial outreach liaisons, and establishing
driving
while
intoxicated
courts;
(iv) Alcohol ignition interlock programs;
(v) Improving blood-alcohol concentration testing and reporting;
(vi) Paid and earned media in support
of high-visibility enforcement of impaired driving laws, and conducting
standardized field sobriety training,
advanced roadside impaired driving
evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement;
(vii) Training on the use of alcohol
and drug screening and brief intervention;
(viii) Training for and implementation of impaired driving assessment
programs or other tools designed to increase the probability of identifying
the recidivism risk of a person convicted of driving under the influence of
alcohol, drugs, or a combination of alcohol and drugs and to determine the

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jstallworth on DSK7TPTVN1PROD with CFR

most effective mental health or substance abuse treatment or sanction
that will reduce such risk;
(ix) Developing impaired driving information systems; or
(x) Costs associated with a 24–7 sobriety program.
(2) Special rule—low-range States. Notwithstanding paragraph (j)(1) of this
section, a State that qualifies for grant
funds as a low-range State may elect to
use—
(i) Grant funds awarded under 23
U.S.C. 405(d) for programs designed to
reduce impaired driving based on problem identification, in accordance with
§ 1300.11; and
(ii) Up to 50 percent of grant funds
awarded under 23 U.S.C. 405(d) for any
eligible project or activity under Section 402.
(3) Special rule—mid-range States. Notwithstanding paragraph (j)(1) of this
section, a State that qualifies for grant
funds as a mid-range State may elect
to use grant funds awarded under 23
U.S.C. 405(d) for programs designed to
reduce impaired driving based on problem identification in accordance with
§ 1300.11, provided the State receives advance approval from NHTSA.
(4) Special rule—high-range States.
Notwithstanding paragraph (j)(1) of
this section, a high-range State may
use grant funds awarded under 23
U.S.C. 405(d) only for—
(i) High-visibility enforcement efforts; and
(ii) Any of the eligible uses described
in paragraph (j)(1) of this section or
programs designed to reduce impaired
driving based on problem identification, in accordance with § 1300.11, if all
proposed uses are described in a Statewide impaired driving plan submitted
to and approved by NHTSA in accordance with paragraph (f) of this section.
(5) Special rule—States with Alcohol-Ignition Interlock Laws or 24–7 Sobriety
Programs. Notwithstanding paragraph
(j)(1) of this section, a State may elect
to use grant funds awarded under 23
U.S.C. 405(d)(6) for any eligible project
or activity under Section 402.
§ 1300.24 Distracted driving grants.
(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(e), for awarding grants to States

§ 1300.24

that enact and enforce a statute prohibiting distracted driving.
(b) Definitions. As used in this section—
Driving means operating a motor vehicle on a public road, and does not include operating a motor vehicle when
the vehicle has pulled over to the side
of, or off, an active roadway and has
stopped in a location where it can safely remain stationary.
Texting means reading from or manually entering data into a personal wireless communications device, including
doing so for the purpose of SMS
texting, emailing, instant messaging,
or engaging in any other form of electronic data retrieval or electronic data
communication.
(c) Qualification criteria for a Comprehensive Distracted Driving Grant. To
qualify for a Comprehensive Distracted
Driving Grant in a fiscal year, a State
shall submit as part of its HSP, in accordance with Part 6 of Appendix B—
(1) Sample distracted driving questions from the State’s driver’s license
examination; and
(2) Legal citations to the State statute demonstrating compliance with the
following requirements:
(i) Prohibition on texting while driving.
The State statute shall—
(A) Prohibit all drivers from texting
through a personal wireless communications device while driving;
(B) Make a violation of the statute a
primary offense;
(C) Establish a minimum fine of $25
for a violation of the statute; and
(D) Not include an exemption that
specifically allows a driver to text
through a personal wireless communication device while stopped in traffic.
(ii) Prohibition on youth cell phone use
while driving. The State statute shall—
(A) Prohibit a driver who is younger
than 18 years of age or in the learner’s
permit or intermediate license stage
set forth in § 1300.26(d) and (e) from
using a personal wireless communications device while driving;
(B) Make a violation of the statute a
primary offense;
(C) Establish a minimum fine of $25
for a violation of the statute; and
(D) Not include an exemption that
specifically allows a driver to text

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jstallworth on DSK7TPTVN1PROD with CFR

§ 1300.24

23 CFR Ch. III (4–1–17 Edition)

through a personal wireless communication device while stopped in traffic.
(iii) Permitted exceptions. A State
statute providing for the following exceptions, and no others, shall not be
deemed out of compliance with the requirements of this section:
(A) A driver who uses a personal
wireless communications device to
contact emergency services;
(B) Emergency services personnel
who use a personal wireless communications device while operating an
emergency services vehicle and engaged in the performance of their duties as emergency services personnel;
or
(C) An individual employed as a commercial motor vehicle driver or a
school bus driver who uses a personal
wireless communications device within
the scope of such individual’s employment if such use is permitted under the
regulations promulgated pursuant to 49
U.S.C. 31136.
(d) Use of funds for Comprehensive Distracted Driving Grants. (1) Eligible uses.
Except as provided in paragraphs (d)(2)
and (3) of this section, a State may use
grant funds awarded under 23 U.S.C.
405(e)(1) only to educate the public
through advertising that contains information about the dangers of texting
or using a cell phone while driving, for
traffic signs that notify drivers about
the distracted driving law of the State,
or for law enforcement costs related to
the enforcement of the distracted driving law.
(2) Special rule. Notwithstanding
paragraph (d)(1) of this section, a State
may elect to use up to 50 percent of the
grant funds awarded under 23 U.S.C.
405(e)(1) for any eligible project or activity under Section 402.
(3) Special rule—MMUCC conforming
States. Notwithstanding paragraphs
(d)(1) and (2) of this section, a State
may also use up to 75 percent of
amounts received under 23 U.S.C.
405(e)(1) for any eligible project or activity under Section 402 if the State
has conformed its distracted driving
data to the most recent Model Minimum
Uniform
Crash
Criteria
(MMUCC). To demonstrate conformance with MMUCC, the State shall submit within 30 days after notification of

award, the NHTSA-developed MMUCC
Mapping spreadsheet, as described in
‘‘Mapping to MMUCC: A process for
comparing police crash reports and
state crash databases to the Model
Minimum Uniform Crash Criteria’’
(DOT HS 812 184), as updated.
(e) Qualification criteria for Special
Distracted Driving Grants. For fiscal
years 2017 and 2018, to qualify for a
Special Distracted Driving Grant, a
State shall submit as part of its HSP
the legal citations to the State statute
demonstrating compliance with the
following requirements, in accordance
with part 6 of appendix B:
(1) For fiscal year 2017—
(i) The State has enacted and is enforcing a basic text messaging statute
that applies to drivers of all ages;
(ii) The State statute makes a violation of the basic text messaging statute a primary or secondary offense; and
(iii) The State is not eligible for a
Comprehensive
Distracted
Driving
Grant under paragraph (c) of this section.
(2) For fiscal year 2018—
(i) The State has enacted and is enforcing a basic text messaging statute
that applies to drivers of all ages;
(ii) The State statute makes a violation of the basic text messaging statute a primary offense;
(iii) The State imposes a fine for a
violation of the basic text messaging
statute;
(iv) The State has enacted and is enforcing a statute that prohibits drivers
under the age of 18 from using a personal wireless communications device
while driving; and
(v) The State is not eligible for a
Comprehensive
Distracted
Driving
Grant under paragraph (c) of this section.
(3) For purposes of this paragraph (e),
‘‘basic text messaging statute’’ means
a statute that prohibits a driver, for
the purpose of written communication,
from manually inputting or reading
from an electronic device while driving.
(4) Use of grant funds for Special Distracted Driving Grants—(i) Eligible uses.
Except as provided in paragraph
(e)(4)(ii) of this section, a State may
use grant funds awarded under 23

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National Highway Traffic Safety Admin., DOT
U.S.C. 405(e)(6) only for activities related to the enforcement of distracted
driving laws, including public information and awareness.
(ii) Special rule. Notwithstanding
paragraph (e)(4)(i) of this section—
(A) In fiscal year 2017, a State may
elect to use up to 15 percent of grant
funds awarded under 23 U.S.C. 405(e)(6)
for any eligible project or activity
under Section 402.
(B) In fiscal year 2018, a State may
elect to use up to 25 percent of grant
funds awarded under 23 U.S.C. 405(e)(6)
for any eligible project or activity
under Section 402.
(f) Award. (1) The amount available
for grants under paragraph (c)(1) of this
section shall be determined after deduction of the amounts necessary to
fund grants under 23 U.S.C. 405(e)(6).
(ii) The amount available for grants
under 23 U.S.C. 405(e)(6) shall not exceed 25 percent of the total amount
made available to States under 23
U.S.C. 405(e) for fiscal years 2017 and
2018.

jstallworth on DSK7TPTVN1PROD with CFR

§ 1300.25

Motorcyclist safety grants.

(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(f), for awarding grants to States
that adopt and implement effective
programs to reduce the number of single-vehicle and multiple-vehicle crashes involving motorcyclists.
(b) Definitions. As used in this section—
Data State means a State that does
not have a statute or regulation requiring that all fees collected by the State
from motorcyclists for the purposes of
funding motorcycle training and safety
programs are to be used for motorcycle
training and safety programs but can
show through data and/or documentation from official records that all fees
collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs
were, in fact, used for motorcycle
training and safety programs, without
diversion.
Impaired means alcohol-impaired or
drug-impaired as defined by State law,
provided that the State’s legal alcoholimpairment level does not exceed .08
BAC.

§ 1300.25

Law State means a State that has a
statute or regulation requiring that all
fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs
are to be used for motorcycle training
and safety programs an no statute or
regulation diverting any of those fees.
Motorcycle means a motor vehicle
with motive power having a seat or
saddle for the use of the rider and designed to travel on not more than three
wheels in contact with the ground.
State means any of the 50 States, the
District of Columbia, and Puerto Rico.
(c) Eligibility. The 50 States, the District of Columbia and Puerto Rico are
eligible to apply for a Motorcyclist
Safety Grant.
(d) Qualification criteria. To qualify
for a Motorcyclist Safety Grant in a
fiscal year, a State shall submit as part
of its HSP documentation demonstrating compliance with at least
two of the criteria in paragraphs (e)
through (j) of this section.
(e) Motorcycle rider training course. A
State shall have an effective motorcycle rider training course that is offered throughout the State and that
provides a formal program of instruction in accident avoidance and other
safety-oriented operational skills to
motorcyclists. To demonstrate compliance with this criterion, the State
shall submit, in accordance with part 7
of appendix B—
(1) A certification identifying the
head of the designated State authority
over motorcyclist safety issues and
stating that the head of the designated
State authority over motorcyclist safety issues has approved and the State
has adopted one of the following introductory rider curricula:
(i) Motorcycle Safety Foundation
Basic Rider Course;
(ii) TEAM OREGON Basic Rider
Training;
(iii) Idaho STAR Basic I;
(iv) California Motorcyclist Safety
Program Motorcyclist Training Course;
(v) A curriculum that has been approved by the designated State authority and NHTSA as meeting NHTSA’s
Model National Standards for EntryLevel Motorcycle Rider Training; and

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jstallworth on DSK7TPTVN1PROD with CFR

§ 1300.25

23 CFR Ch. III (4–1–17 Edition)

(2) A list of the counties or political
subdivisions in the State where motorcycle rider training courses will be
conducted during the fiscal year of the
grant and the number of registered motorcycles in each such county or political subdivision according to official
State motor vehicle records, provided
that the State must offer at least one
motorcycle rider training course in
counties or political subdivisions that
collectively account for a majority of
the State’s registered motorcycles.
(f) Motorcyclist awareness program. A
State shall have an effective Statewide
program to enhance motorist awareness of the presence of motorcyclists
on or near roadways and safe driving
practices that avoid injuries to motorcyclists. To demonstrate compliance
with this criterion, the State shall submit, in accordance with part 7 of appendix B—
(1) A certification identifying head of
the designated State authority over
motorcyclist safety issues and stating
that the State’s motorcyclist awareness program was developed by or in
coordination with the designated State
authority over motorcyclist safety
issues; and
(2) One or more performance measures and corresponding performance
targets
developed
for
motorcycle
awareness at the level of detail required under § 1300.11(c) that identifies,
using State crash data, the counties or
political subdivisions within the State
with the highest number of motorcycle
crashes involving a motorcycle and another motor vehicle. Such data shall be
from the most recent calendar year for
which final State crash data is available, but data no older than three calendar years prior to the application
due date (e.g., for a grant application
submitted on July 1, 2016, a State shall
provide calendar year 2015 data, if
available, and may not provide data
older than calendar year 2013); and
(3) Countermeasure strategies and
projects, at the level of detail required
under § 1300.11(d), demonstrating that
the State will implement data-driven
programs in a majority of counties or
political subdivisions where there is at
least one motorcycle crash causing a
serious or fatal injury. The State shall
select countermeasure strategies and

projects to address the State’s motorcycle safety problem areas in order to
meet the performance targets identified in paragraph (f)(2) of this section.
(g) Reduction of fatalities and crashes
involving motorcycles. A State shall
demonstrate a reduction for the preceding calendar year in the number of
motorcyclist fatalities and in the rate
of motor vehicle crashes involving motorcycles in the State (expressed as a
function of 10,000 registered motorcycle
registrations), as computed by NHTSA.
To demonstrate compliance a State
shall in accordance with part 7 of appendix B—
(1) Submit in its HSP State data
showing the total number of motor vehicle crashes involving motorcycles in
the State for the most recent calendar
year for which final State crash data is
available, but data no older than three
calendar years prior to the application
due date and the same type of data for
the calendar year immediately prior to
that calendar year (e.g., for a grant application submitted on July 1, 2016, the
State shall submit calendar year 2014
data and 2013 data, if both data are
available, and may not provide data
older than calendar year 2013 and 2012,
to determine the rate);
(2) Experience a reduction of at least
one in the number of motorcyclist fatalities for the most recent calendar
year for which final FARS data is
available as compared to the final
FARS data for the calendar year immediately prior to that year; and
(3) Based on State crash data expressed as a function of 10,000 motorcycle registrations (using FHWA motorcycle registration data), experience
at least a whole number reduction in
the rate of crashes involving motorcycles for the most recent calendar
year for which final State crash data is
available, but data no older than three
calendar years prior to the application
due date, as compared to the calendar
year immediately prior to that year.
(h) Impaired driving program. A State
shall implement a Statewide program
to reduce impaired driving, including
specific measures to reduce impaired
motorcycle operation. The State shall
submit, in accordance with part 7 of
appendix B—

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National Highway Traffic Safety Admin., DOT
(1) One or more performance measures and corresponding performance
targets developed to reduce impaired
motorcycle operation at the level of
detail required under § 1300.11(c). Each
performance measure and performance
target shall identify the impaired motorcycle operation problem area to be
addressed. Problem identification must
include an analysis of motorcycle
crashes involving an impaired operator
by county or political subdivision in
the State; and
(2) Countermeasure strategies and
projects, at the level of detail required
under § 1300.11(d), demonstrating that
the State will implement data-driven
programs designed to reach motorcyclists in those jurisdictions where the
incidence of motorcycle crashes involving an impaired operator is highest
(i.e., the majority of counties or political subdivisions in the State with the
highest numbers of motorcycle crashes
involving an impaired operator) based
upon State data. Such data shall be
from the most recent calendar year for
which final State crash data is available, but data no older than three calendar years prior to the application
due date (e.g., for a grant application
submitted on July 1, 2016, a State shall
provide calendar year 2014 data, if
available, and may not provide data
older than calendar year 2013). Countermeasure strategies and projects
shall prioritize the State’s impaired
motorcycle problem areas to meet the
performance targets identified in paragraph (h)(1) of this section.
(i) Reduction of fatalities and accidents
involving impaired motorcyclists. A State
shall demonstrate a reduction for the
preceding calendar year in the number
of fatalities and in the rate of reported
crashes involving alcohol-impaired and
drug-impaired motorcycle operators
(expressed as a function of 10,000 motorcycle registrations), as computed by
NHTSA. The State shall, in accordance
with part 7 of appendix B—
(1) Submit in its HSP State data
showing the total number of reported
crashes involving alcohol- and drug-impaired motorcycle operators in the
State for the most recent calendar year
for which final State crash data is
available, but data no older than three
calendar years prior to the application

§ 1300.25

due date and the same type of data for
the calendar year immediately prior to
that year (e.g., for a grant application
submitted on July 1, 2016, the State
shall submit calendar year 2014 data
and 2013 data, if both data are available, and may not provide data older
than calendar year 2013 and 2012, to determine the rate);
(2) Experience a reduction of at least
one in the number of fatalities involving alcohol-impaired and drug-impaired motorcycle operators for the
most recent calendar year for which
final FARS data is available as compared to the final FARS data for the
calendar year immediately prior to
that year; and
(3) Based on State crash data expressed as a function of 10,000 motorcycle registrations (using FHWA motorcycle registration data), experience
at least a whole number reduction in
the rate of reported crashes involving
alcohol-and drug-impaired motorcycle
operators for the most recent calendar
year for which final State crash data is
available, but data no older than three
calendar years prior to the application
due date, as compared to the calendar
year immediately prior to that year.
(j) Use of fees collected from motorcyclists for motorcycle programs. A State
shall have a process under which all
fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs
are used for motorcycle training and
safety programs. A State may qualify
under this criterion as either a Law
State or a Data State.
(1) To demonstrate compliance as a
Law State, the State shall submit, in
accordance with part 7 of appendix B,
the legal citation to the statutes or
regulations requiring that all fees collected by the State from motorcyclists
for the purposes of funding motorcycle
training and safety programs are to be
used for motorcycle training and safety
programs and the legal citations to the
State’s current fiscal year appropriation (or preceding fiscal year appropriation, if the State has not enacted a
law at the time of the State’s application) appropriating all such fees to motorcycle training and safety programs.
(2) To demonstrate compliance as a
Data State, the State shall submit, in

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jstallworth on DSK7TPTVN1PROD with CFR

§ 1300.26

23 CFR Ch. III (4–1–17 Edition)

accordance with part 7 of appendix B,
data or documentation from official
records from the previous State fiscal
year showing that all fees collected by
the State from motorcyclists for the
purposes of funding motorcycle training and safety programs were, in fact,
used for motorcycle training and safety
programs. Such data or documentation
shall show that revenues collected for
the purposes of funding motorcycle
training and safety programs were
placed into a distinct account and expended only for motorcycle training
and safety programs.
(k) Award limitation. A grant awarded
under 23 U.S.C. 405(f) may not exceed 25
percent of the amount apportioned to
the State for fiscal year 2009 under Section 402.
(l) Use of grant funds—(1) Eligible uses.
Except as provided in paragraph (l)(2)
of this section, a State may use grant
funds awarded under 23 U.S.C. 405(f)
only for motorcyclist safety training
and motorcyclist awareness programs,
including—
(i) Improvements to motorcyclist
safety training curricula;
(ii) Improvements in program delivery of motorcycle training to both
urban and rural areas, including—
(A) Procurement or repair of practice
motorcycles;
(B) Instructional materials;
(C) Mobile training units; and
(D) Leasing or purchasing facilities
for closed-course motorcycle skill
training;
(iii) Measures designed to increase
the recruitment or retention of motorcyclist safety training instructors; or
(iv) Public awareness, public service
announcements, and other outreach
programs to enhance driver awareness
of motorcyclists, including ‘‘share-theroad’’ safety messages developed using
Share-the-Road model language available on NHTSA’s Web site at http://
www.trafficsafetymarketing.gov.
(2) Special rule—low fatality States.
Notwithstanding paragraph (l)(1) of
this section, a State may elect to use
up to 50 percent of grant funds awarded
under 23 U.S.C. 405(f) for any eligible
project or activity under Section 402 if
the State is in the lowest 25 percent of
all States for motorcycle deaths per
10,000 motorcycle registrations (using

FHWA motorcycle registration data)
based on the most recent calendar year
for which final FARS data is available,
as determined by NHTSA.
(3) Suballocation of funds. A State
that receives a grant under this section
may suballocate funds from the grant
to a nonprofit organization incorporated in that State to carry out
grant activities under this section.
§ 1300.26 State graduated driver
censing incentive grants.

(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(g), for awarding grants to States
that adopt and implement a graduated
driver’s licensing statute that requires
novice drivers younger than 18 years of
age to comply with a 2-stage licensing
process prior to receiving an unrestricted driver’s license.
(b) Definitions. As used in this section—
Driving-related offense means any offense under State or local law relating
to the use or operation of a motor vehicle, including but not limited to driving while intoxicated, reckless driving,
driving without wearing a seat belt,
child restraint violation, speeding, prohibited use of a personal wireless communications device, violation of the
driving-related restrictions applicable
to the stages of the graduated driver’s
licensing process set forth in paragraphs (d) and (e) of this section, and
moving violations. The term does not
include offenses related to motor vehicle registration, insurance, parking, or
the presence or functionality of motor
vehicle equipment.
Licensed driver means an individual
who possesses a valid unrestricted driver’s license.
Unrestricted driver’s license means full,
non-provisional driver’s licensure to
operate a motor vehicle on public roadways.
(c) Qualification criteria—General. To
qualify for a State Graduated Driver
Licensing Incentive Grant in a fiscal
year, a State shall provide as part of
its HSP legal citations to the State
statute demonstrating compliance with
the requirements provided in paragraphs (d) and (e) of this section, in accordance with in part 8 of appendix B.

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National Highway Traffic Safety Admin., DOT
(d) Learner’s permit stage. A State’s
graduated driver’s licensing statute
shall include a learner’s permit stage
that—
(1) Applies to any driver, prior to
being issued by the State any permit,
license, or endorsement to operate a
motor vehicle on public roadways other
than a learner’s permit, who—
(i) Is younger than 18 years of age;
and
(ii) Has not been issued an intermediate license or unrestricted driver’s
license by any State;
(2) Commences only after an applicant for a learner’s permit passes a vision test and a knowledge assessment
(e.g., written or computerized) covering
the rules of the road, signs, and signals;
(3) Is in effect for a period of at least
6 months, and remains in effect until
the learner’s permit holder—
(i) Reaches at least 16 years of age
and enters the intermediate stage; or
(ii) Reaches 18 years of age;
(4) Requires the learner’s permit
holder to be accompanied and supervised, at all times while operating a
motor vehicle, by a licensed driver who
is at least 21 years of age or is a Statecertified driving instructor;
(5) Requires the learner’s permit
holder to either—
(i) Complete a State-certified driver
education or training course; or
(ii) Receive at least 50 hours of behind-the-wheel training, with at least
10 of those hours at night, with a licensed driver who is at least 21 years of
age or is a State-certified driving instructor;
(6) Prohibits the learner’s permit
holder from using a personal wireless
communications device while driving
(as defined in § 1300.24(b)) except as permitted under § 1300.24(c)(2)(iii), provided that the State’s statute—
(i) Makes a violation of the prohibition a primary offense; and
(ii) Does not include an exemption
that specifically allows a driver to text
through a personal wireless communication device while stopped in traffic; and
(7) Requires that, in addition to any
other penalties imposed by State statute, the duration of the learner’s permit stage be extended if the learner’s

§ 1300.26

permit holder is convicted of a drivingrelated offense or misrepresentation of
a driver’s true age during at least the
first 6 months of that stage.
(e) Intermediate stage. A State’s graduated driver’s licensing statute shall
include an intermediate stage that—
(1) Commences—
(i) After an applicant younger than 18
years of age successfully completes the
learner’s permit stage;
(ii) Prior to the applicant being
issued by the State another permit, license, or endorsement to operate a
motor vehicle on public roadways other
than an intermediate license; and
(iii) Only after the applicant passes a
behind-the-wheel driving skills assessment;
(2) Is in effect for a period of at least
6 months, and remains in effect until
the intermediate license holder reaches
at least 17 years of age;
(3) Requires the intermediate license
holder to be accompanied and supervised, while operating a motor vehicle
between the hours of 10:00 p.m. and 5:00
a.m. during the first 6 months of the
intermediate stage, by a licensed driver who is at least 21 years of age or is
a State-certified driving instructor, except when operating a motor vehicle
for the purposes of work, school, religious activities, or emergencies;
(4) Prohibits the intermediate license
holder from operating a motor vehicle
with more than 1 nonfamilial passenger
younger than 21 years of age unless a
licensed driver who is at least 21 years
of age or is a State-certified driving instructor is in the motor vehicle;
(5) Prohibits the intermediate license
holder from using a personal wireless
communications device while driving
(as defined in § 1300.24(b)) except as permitted under § 1300.24(c)(2)(iii), provided that the State’s statute—
(i) Makes a violation of the prohibition a primary offense; and
(ii) Does not include an exemption
that specifically allows a driver to text
through a personal wireless communication device while stopped in traffic; and
(6) Requires that, in addition to any
other penalties imposed by State statute, the duration of the intermediate
stage be extended if the intermediate
license holder is convicted of a driving-

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§ 1300.27

23 CFR Ch. III (4–1–17 Edition)

related offense or misrepresentation of
a driver’s true age during at least the
first 6 months of that stage.
(f) Exceptions. A State that otherwise
meets the minimum requirements set
forth in paragraphs (d) and (e) of this
section will not be deemed ineligible
for a grant under this section if—
(1) The State enacted a statute prior
to January 1, 2011, establishing a class
of permit or license that allows drivers
younger than 18 years of age to operate
a motor vehicle—
(i) In connection with work performed on, or for the operation of, a
farm owned by family members who
are directly related to the applicant or
licensee; or
(ii) If demonstrable hardship would
result from the denial of a license to
the licensee or applicant, provided that
the State requires the applicant or licensee to affirmatively and adequately
demonstrate unique undue hardship to
the individual; and
(2) A driver younger than 18 years of
age who possesses only the permit or
license described in paragraph (f)(1) of
this section and applies for any other
permit, license, or endorsement to operate a motor vehicle is subject to the
graduated driver’s licensing requirements of paragraphs (d) and (e) of this
section and is required to begin with
the learner’s permit stage.
(g) Award determination. Subject to
§ 1300.20(e)(2), the amount of a grant
award to a State in a fiscal year under
23 U.S.C. 405(g) shall be in proportion
to the amount each such State received
under Section 402 for that fiscal year.
(h) Use of grant funds—(1) Eligible
uses. Except as provided in paragraphs
(h)(2) and (3), a State may use grant
funds awarded under 23 U.S.C. 405(g)
only as follows:
(i) To enforce the State’s graduated
driver’s licensing process;
(ii) To provide training for law enforcement personnel and other relevant
State agency personnel relating to the
enforcement of the State’s graduated
driver’s licensing process;
(iii) To publish relevant educational
materials that pertain directly or indirectly to the State’s graduated driver’s
licensing law;

(iv) To carry out administrative activities to implement the State’s graduated driver’s licensing process; or
(v) To carry out a teen traffic safety
program described in 23 U.S.C. 402(m).
(2) Special rule. Notwithstanding
paragraph (h)(1) of this section, a State
may elect to use up to 75 percent of the
grant funds awarded under 23 U.S.C.
405(g) for any eligible project or activity under Section 402.
(3) Special rule—low fatality States.
Notwithstanding paragraphs (h)(1) and
(2) of this section, a State may elect to
use up to 100 percent of the grant funds
awarded under 23 U.S.C. 405(g) for any
eligible project or activity under Section 402 if the State is in the lowest 25
percent of all States for the number of
drivers under age 18 involved in fatal
crashes in the State as a percentage of
the total number of drivers under age
18 in the State, as determined by
NHTSA.
§ 1300.27

Nonmotorized safety grants.

(a) Purpose. This section establishes
criteria, in accordance with 23 U.S.C.
405(h), for awarding grants to States
for the purpose of decreasing pedestrian and bicyclist fatalities and injuries that result from crashes involving
a motor vehicle.
(b) Eligibility determination. A State is
eligible for a grant under this section if
the State’s annual combined pedestrian
and bicyclist fatalities exceed 15 percent of the State’s total annual crash
fatalities based on the most recent calendar year for which final FARS data
is available, as determined by NHTSA.
(c) Qualification criteria. To qualify
for a Nonmotorized Safety Grant in a
fiscal year, a State meeting the eligibility requirements of paragraph (b) of
this section shall submit as part of its
HSP the assurances that the State
shall use the funds awarded under 23
U.S.C. 405(h) only for the authorized
uses identified in paragraph (d) of this
section, in accordance with part 9 of
appendix B.
(d) Use of grant funds. A State may
use grant funds awarded under 23
U.S.C. 405(h) only for—
(1) Training of law enforcement officials on State laws applicable to pedestrian and bicycle safety;

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(2) Enforcement mobilizations and
campaigns designed to enforce State
traffic laws applicable to pedestrian
and bicycle safety; or
(3) Public education and awareness
programs designed to inform motorists,
pedestrians, and bicyclists of State
traffic laws applicable to pedestrian
and bicycle safety.
§ 1300.28 Racial profiling data collection grants.
(a) Purpose. This section establishes
criteria, in accordance with Section
1906, for incentive grants to encourage
States to maintain and allow public inspection of statistical information on
the race and ethnicity of the driver for
all motor vehicle stops made on all
public roads except those classified as
local or minor rural roads.
(b) Qualification criteria. To qualify
for a Racial Profiling Data Collection
Grant in a fiscal year, a State shall
submit as part of its HSP, in accordance with in part 10 of appendix B—
(1) Official documents (i.e., a law, regulation, binding policy directive, letter
from the Governor or court order) that
demonstrate that the State maintains
and allows public inspection of statistical information on the race and ethnicity of the driver for each motor vehicle stop made by a law enforcement
officer on all public roads except those
classified as local or minor rural roads;
or
(2) The assurances that the State will
undertake activities during the fiscal
year of the grant to comply with the
requirements of paragraph (b)(1) of this
section and a list of one or more
projects in its HSP to support the assurances.
(c) Limitation. (1) On or after October
1, 2015, a State may not receive a grant
under paragraph (b)(2) of this section in
more than 2 fiscal years.
(2) Notwithstanding § 1300.20(e)(2), the
total amount of a grant awarded to a
State under this section in a fiscal year
may not exceed 5 percent of the funds
available under this section in the fiscal year.
(d) Use of grant funds. A State may
use grant funds awarded under Section
1906 only for the costs of—
(1) Collecting and maintaining data
on traffic stops; or

§ 1300.31

(2) Evaluating the results of the data.

Subpart D—Administration of the
Highway Safety Grants
§ 1300.30

General.

Subject to the provisions of this subpart, the requirements of 2 CFR parts
200 and 1201 govern the implementation
and management of State highway
safety programs and projects carried
out under 23 U.S.C. Chapter 4 and Section 1906.
§ 1300.31

Equipment.

(a) Title. Except as provided in paragraphs (e) and (f) of this section, title
to equipment acquired under 23 U.S.C.
Chapter 4 and Section 1906 will vest
upon acquisition in the State or its
subrecipient, as appropriate, subject to
the conditions in paragraphs (b)
through (d) of this section.
(b) Use. All equipment shall be used
for the originally authorized grant purposes for as long as needed for those
purposes, as determined by the Regional Administrator, and neither the
State nor any of its subrecipients or
contractors shall encumber the title or
interest while such need exists.
(c) Management and disposition. Subject to the requirements of paragraphs
(b), (d), (e), and (f) of this section,
States and their subrecipients and contractors shall manage and dispose of
equipment acquired under 23 U.S.C.
Chapter 4 and Section 1906 in accordance with State laws and procedures.
(d) Major purchases and dispositions.
Equipment with a useful life of more
than one year and an acquisition cost
of $5,000 or more shall be subject to the
following requirements—
(1) Purchases shall receive prior written approval from the Regional Administrator;
(2) Dispositions shall receive prior
written approval from the Regional Administrator unless the equipment has
exceeded its useful life as determined
under State law and procedures.
(e) Right to transfer title. The Regional
Administrator may reserve the right to
transfer title to equipment acquired
under this part to the Federal Government or to a third party when such
third party is eligible under Federal

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§ 1300.32

23 CFR Ch. III (4–1–17 Edition)

statute. Any such transfer shall be subject to the following requirements:
(1) The equipment shall be identified
in the grant or otherwise made known
to the State in writing;
(2) The Regional Administrator shall
issue disposition instructions within
120 calendar days after the equipment
is determined to be no longer needed
for highway safety purposes, in the absence of which the State shall follow
the applicable procedures in 2 CFR
parts 200 and 1201.
(f) Federally-owned equipment. In the
event a State or its subrecipient is provided Federally-owned equipment:
(1) Title shall remain vested in the
Federal Government;
(2) Management shall be in accordance with Federal rules and procedures, and an annual inventory listing
shall be submitted by the State;
(3) The State or its subrecipient shall
request disposition instructions from
the Regional Administrator when the
item is no longer needed for highway
safety purposes.
§ 1300.32 Amendments
to
Highway
Safety Plans—approval by the Regional Administrator.
During the fiscal year of the grant,
States may amend the HSP, except
performance targets, after approval
under § 1300.14. States shall document
changes to the HSP electronically, including project information. Such
changes are subject to approval by the
Regional Administrator. The Regional
Administrator must approve changes
in the HSP before reimbursement of
vouchers related to such changes.

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§ 1300.33 Vouchers and project agreements.
(a) General. Each State shall submit
official vouchers for expenses incurred
to the Regional Administrator.
(b) Content of vouchers. At a minimum, each voucher shall provide the
following information for expenses:
(1) Project numbers for which expenses were incurred and for which reimbursement is being sought;
(2) Amount of Federal funds for reimbursement;
(3) Amount of Federal funds allocated
to local benefit (provided no less than

mid-year (by March 31) and with the
final voucher);
(4) Amount of indirect cost;
(5) Amount of Planning and Administration costs;
(6) Matching rate (or special matching writeoff used, i.e., sliding scale rate
authorized under 23 U.S.C. 120); and
(7) Program funding code.
(c) Project agreements. Copies of each
project agreement for which expenses
are being claimed under the voucher
(and supporting documentation for the
vouchers) shall be made promptly
available for review by the Regional
Administrator upon request. Each
project agreement shall bear the
project number to allow the Regional
Administrator to match the voucher to
the corresponding activity.
(d) Submission requirements. At a minimum, vouchers shall be submitted to
the Regional Administrator on a quarterly basis, no later than 15 working
days after the end of each quarter, except that where a State receives funds
by electronic transfer at an annualized
rate of one million dollars or more,
vouchers shall be submitted on a
monthly basis, no later than 15 working days after the end of each month. A
final voucher for the fiscal year shall
be submitted to the Regional Administrator no later than 90 days after the
end of the fiscal year, and all unexpended balances shall be carried forward to the next fiscal year.
(e) Reimbursement. (1) Failure to provide the information specified in paragraph (b) of this section shall result in
rejection of the voucher.
(2) Failure to meet the deadlines
specified in paragraph (d) of this section may result in delayed reimbursement.
(3) Vouchers that request reimbursement for projects whose project numbers or amounts claimed do not match
the projects or exceed the estimated
amount of Federal funds provided
under § 1300.11(d) or amended under
§ 1300.32, shall be rejected, in whole or
in part, until an amended project and/
or estimated amount of Federal funds
is submitted to and approved by the
Regional Administrator in accordance
with § 1300.32.

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National Highway Traffic Safety Admin., DOT
§ 1300.34

[Reserved]

§ 1300.35 Annual report.
Within 90 days after the end of the
fiscal year, each State shall submit
electronically an Annual Report providing—
(a) An assessment of the State’s
progress in achieving performance targets identified in the prior year HSP;
(b) A description of the projects and
activities funded and implemented
along with the amount of Federal funds
obligated and expended under the prior
year HSP;
(c) A description of the State’s evidence-based enforcement program activities;
(d) An explanation of reasons for
projects that were not implemented;
and
(e) A description of how the projects
funded under the prior year HSP contributed to meeting the State’s highway safety performance targets.
§ 1300.36 Appeals of written decision
by a Regional Administrator.
The State shall submit an appeal of
any written decision by a Regional Administrator regarding the administration of the grants in writing, signed by
the Governor’s Representative for
Highway Safety, to the Regional Administrator. The Regional Administrator shall promptly forward the appeal to the NHTSA Associate Administrator, Regional Operations and Program Delivery. The decision of the
NHTSA Associate Administrator shall
be final and shall be transmitted to the
Governor’s Representative for Highway
Safety through the Regional Administrator.

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Subpart E—Annual Reconciliation
§ 1300.40 Expiration of the Highway
Safety Plan.
(a) The State’s Highway Safety Plan
for a fiscal year and the State’s authority to incur costs under that HSP shall
expire on the last day of the fiscal
year.
(b) Except as provided in paragraph
(c) of this section, each State shall submit a final voucher which satisfies the
requirements of § 1300.33(b) within 90
days after the expiration of the State’s

§ 1300.41

HSP. The final voucher constitutes the
final financial reconciliation for each
fiscal year.
(c) The Regional Administrator may
extend the time period for no more
than 30 days to submit a final voucher
only in extraordinary circumstances.
States shall submit a written request
for an extension describing the extraordinary circumstances that necessitate
an extension. The approval of any such
request for extension shall be in writing, shall specify the new deadline for
submitting the final voucher, and shall
be signed by the Regional Administrator.
§ 1300.41 Disposition of unexpended
balances.
(a) Carry-forward balances. Except as
provided in paragraph (b) of this section, grant funds that remain unexpended at the end of a fiscal year and
the expiration of a Highway Safety
Plan shall be credited to the State’s
highway safety account for the new fiscal year, and made immediately available for use by the State, provided the
following requirements are met:
(1) The State’s new Highway Safety
Plan has been approved by the Regional Administrator pursuant to
§ 1300.14 of this part, including any
amendments to the HSP pursuant to
§ 1300.32; and
(2) The State has assigned all available 23 U.S.C. Chapter 4 and Section
1906 funds to specific project agreements, including project numbers.
(b) Deobligation of funds. (1) Except as
provided in paragraph (b)(2) of this section, unexpended grant funds shall not
be available for expenditure beyond the
period of three years after the last day
of the fiscal year of apportionment or
allocation.
(2) NHTSA shall notify States of any
such unexpended grant funds no later
than 180 days prior to the end of the period of availability specified in paragraph (b)(1) of this section and inform
States of the deadline for commitment.
States may commit such unexpended
grant funds to a specific project by the
specified deadline, and shall provide
documentary evidence of that commitment, including a copy of an executed
project agreement, to the Regional Administrator.

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§ 1300.42

23 CFR Ch. III (4–1–17 Edition)

(3) Grant funds committed to a specific project in accordance with paragraph (b)(2) of this section shall remain
committed to that project and must be
expended by the end of the succeeding
fiscal year. The final voucher for that
project shall be submitted within 90
days after the end of that fiscal year.
(4) NHTSA shall deobligate unexpended balances at the end of the time
period in paragraph (b)(1) or (3) of this
section, whichever is applicable, and
the funds shall lapse.
§ 1300.42 Post-grant adjustments.
The expiration of a Highway Safety
Plan does not affect the ability of
NHTSA to disallow costs and recover
funds on the basis of a later audit or
other review or the State’s obligation
to return any funds due as a result of
later refunds, corrections, or other
transactions.
§ 1300.43 Continuing requirements.
Notwithstanding the expiration of a
Highway Safety Plan, the provisions in
2 CFR parts 200 and 1201 and 23 CFR
part 1300, including but not limited to
equipment and audit, continue to apply
to the grant funds authorized under 23
U.S.C. Chapter 4 and Section 1906.

Subpart F—Non-Compliance

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§ 1300.50 General.
Where a State is found to be in noncompliance with the requirements of
the grant programs authorized under 23
U.S.C. Chapter 4 or Section 1906, or
with other applicable law, the sanctions in §§ 1300.51 and 1300.52, and any
other sanctions or remedies permitted
under Federal law, including the special conditions of 2 CFR 200.207 and
200.388, may be applied as appropriate.
§ 1300.51 Sanctions—reduction of apportionment.
(a) Determination of sanctions. (1) The
Administrator shall not apportion any
funds under Section 402 to any State
that does not have or is not implementing an approved highway safety
program.
(2) If the Administrator has apportioned funds under Section 402 to a
State and subsequently determines
that the State is not implementing an

approved highway safety program, the
Administrator shall reduce the apportionment by an amount equal to not
less than 20 percent, until such time as
the Administrator determines that the
State is implementing an approved
highway safety program. The Administrator shall consider the gravity of the
State’s failure to implement an approved highway safety program in determining the amount of the reduction.
(i) When the Administrator determines that a State is not implementing
an approved highway safety program,
the Administrator shall issue to the
State an advance notice, advising the
State that the Administrator expects
to withhold funds from apportionment
or reduce the State’s apportionment
under Section 402. The Administrator
shall state the amount of the expected
withholding or reduction.
(ii) The State may, within 30 days
after its receipt of the advance notice,
submit documentation demonstrating
that it is implementing an approved
highway safety program. Documentation shall be submitted to the NHTSA
Administrator, 1200 New Jersey Avenue
SE., Washington, DC 20590.
(b) Apportionment of withheld funds.
(1) If the Administrator concludes that
a State has begun implementing an approved highway safety program, the
Administrator shall promptly apportion to the State the funds withheld
from its apportionment, but not later
than July 31 of the fiscal year for
which the funds were withheld.
(2)(i) If the Administrator concludes,
after reviewing all relevant documentation submitted by the State or if
the State has not responded to the advance notice, that the State did not
correct its failure to have or implement an approved highway safety program, the Administrator shall issue a
final notice, advising the State of the
funds being withheld from apportionment or of the reduction of apportionment under Section 402 by July 31 of
the fiscal year for which the funds were
withheld.
(ii) The Administrator shall reapportion the withheld funds to the other
States, in accordance with the formula
specified in 23 U.S.C. 402(c), not later
than the last day of the fiscal year.

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National Highway Traffic Safety Admin., DOT
§ 1300.52 Risk assessment
compliance.

and

non-

(a) Risk assessment. (1) All States receiving funds under the grant programs
authorized under 23 U.S.C. Chapter 4
and Section 1906 shall be subject to an
assessment of risk by NHTSA. In evaluating risks of a State highway safety
program, NHTSA may consider, but is
not limited to considering, the following for each State:
(i) Financial stability;
(ii) Quality of management systems
and ability to meet management standards prescribed in this part and in 2
CFR part 200;
(iii) History of performance. The applicant’s record in managing funds received for grant programs under this
part, including findings from Management Reviews;
(iv) Reports and findings from audits
performed under 2 CFR part 200, subpart F, or from the reports and findings
of any other available audits; and
(v) The State’s ability to effectively
implement statutory, regulatory, and
other requirements imposed on nonFederal entities.
(2) If a State is determined to pose
risk, NHTSA may increase monitoring
activities and may impose any of the
specific conditions of 2 CFR 200.207, as
appropriate.
(b) Non-compliance. If at any time a
State is found to be in non-compliance
with the requirements of the grant programs under this part, the requirements of 2 CFR parts 200 and 1201, or
with any other applicable law, the actions permitted under 2 CFR 200.207 and
200.338 may be applied as appropriate.

Subpart G—Special Provisions for
Fiscal Year 2017 Highway
Safety Grants

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§ 1300.60 Fiscal Year 2017 grant applications.
(a) Except as provided in paragraph
(b) of this section, fiscal year 2017
grant applications due July 1, 2016
shall be governed by the following provisions:
(1) For the Highway Safety Plans, 23
CFR 1200.11 (April 1, 2015);
(2) For occupant protection grants
under 23 U.S.C. 405(b), 23 CFR

§ 1300.61

1200.21(d)(1) through (4) and (e) (April 1,
2015) and 23 CFR 1300.21(d)(5) (maintenance of effort);
(3) For State traffic safety information system improvements grants
under 23 U.S.C. 405(c), 23 CFR 1200.22(b)
through (e) (April 1, 2015) and 23 CFR
1300.22(c) (maintenance of effort);
(4) For impaired griving countermeasures grants under 23 U.S.C.
405(d)(1), 23 CFR 1200.23(d)(1), (e), and (f)
(April 1, 2015), and 23 CFR 1300.23(d)(2)
(maintenance of effort);
(5) For grants to States with alcoholignition interlock laws and 24–7 sobriety programs under 23 U.S.C. 405(d)(6),
23 CFR 1300.23(g) and (h);
(6) For distracted driving grants
under 23 U.S.C. 405(e), 23 CFR 1300.24;
(7) For motorcyclist safety grants
under 23 U.S.C. 405(f), 23 CFR 1200.25(d)–
(j) (April 1, 2015);
(8) For State graduated driver licensing incentive grants under 23 U.S.C.
405(g), 23 CFR 1300.26;
(9) For nonmotorized safety grants
under 23 U.S.C. 405(h), 23 CFR 1300.27;
(10) For racial profiling data collection grants under Section 1906, 23 CFR
1300.28.
(b) States may elect to apply under
23 CFR part 1300 for any of the grants
under paragraph (a) of this section.
§ 1300.61 Fiscal Year 2017 grants—general and administrative provisions.
(a) Fiscal year 2017 grants awarded
under 23 U.S.C. Chapter 4 and Section
1906 are governed by the following general and administrative provisions in
part 1300:
(1) Subpart A—all sections;
(2) Subpart B:
(i) 23 CFR 1300.10 General;
(ii) 23 CFR 1300.12 Due date for submission;
(iii) 23 CFR 1300.13 Special funding
conditions for Section 402 Grants;
(iv) 23 CFR 1300.15 Apportionment
and obligation of Federal funds;
(3) Subpart C:
(i) 23 CFR 1300.20 General;
(ii) 23 CFR 1300.21(a) through (c) and
(f) Occupant protection grants—purpose, definitions, elibigibility determination, and use of grant funds;

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Pt. 1300, App. A

23 CFR Ch. III (4–1–17 Edition)

(iii) 23 CFR 1300.22(a) and (d) State
traffic safety information system improvements grants—purpose and use of
grant funds;
(iv) 23 CFR 1300.23(a) through (c), (i),
and (j) Impaired driving countermeasures grants—purpose, definitions,
eligibility determinations, award and
use of grant funds;
(v) 23 CFR 1300.1300.24 Distracted
driving grants—all paragraphs;
(vi) 23 CFR 1300.25(a) through (c), (k)
and (l) Motorcyclist safety grants—
purpose, definitions, eligibility, award
limitation, use of grant funds;
(vii) 23 CFR 1300.26 State graduated
driving licensing incentive grants—all
paragraphs;
(viii) 23 CFR 1300.27 Nonmotorized
safety grants—all paragraphs;
(ix) 23 CFR 1300.28 Racial profiling
data collection grants—all paragraphs.
(4) Subpart D:
(i) 23 CFR 1300.30 General;
(ii) 23 CFR 1300.31 Equipment;
(iii) 23 CFR 1300.35 Annual report;
(iv) 23 CFR 1300.36 Appeals of written
decision by Regional Administrator;
(5) Subpart E—all sections;
(6) Subpart F—all sections.
(b) Except as provided in paragraph
(c) of this section, fiscal year 2017
grants awarded under 23 U.S.C. Chapter
4 and Section 1906 are also governed by
the following general and administrative provisions in part 1200:
(1) Subpart B—23 CFR 1200.14 Review
and approval procedures;
(2) Subpart D:
(i) 23 CFR 1200.32 Changes—approval
of the approving official (Regional Administrator);
(ii) 23 CFR 1200.33 Vouchers and
project agreements.
(c) States may elect to follow all sections of part 1300.

jstallworth on DSK7TPTVN1PROD with CFR

APPENDIX A TO PART 1300—CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C.
CHAPTER 4; SEC. 1906, PUBLIC LAW
109–59, AS AMENDED BY SEC. 4011,
PUBLIC LAW 114–94)
[Each fiscal year, the Governor’s Representative
for Highway Safety must sign these Certifications and Assurances affirming that the State
complies with all requirements, including applicable Federal statutes and regulations, that are
in effect during the grant period. Requirements

that also apply to subrecipients are noted under
the applicable caption.]
State: lll
Fiscal Year: ll
By submitting an application for Federal
grant funds under 23 U.S.C. Chapter 4 or Section 1906, the State Highway Safety Office
acknowledges and agrees to the following
conditions and requirements. In my capacity
as the Governor’s Representative for Highway Safety, I hereby provide the following
Certifications and Assurances:
GENERAL REQUIREMENTS
The State will comply with applicable
statutes and regulations, including but not
limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of
1966, as amended
• Sec. 1906, Public Law 109–59, as amended by
Sec. 4011, Public Law 114–94
• 23 CFR part 1300—Uniform Procedures for
State Highway Safety Grant Programs
• 2 CFR part 200—Uniform Administrative
Requirements, Cost Principles, and Audit
Requirements for Federal Awards
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
INTERGOVERNMENTAL REVIEW OF
FEDERAL PROGRAMS
The State has submitted appropriate documentation for review to the single point of
contact designated by the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental Review
of Federal Programs).
FEDERAL FUNDING ACCOUNTABILITY
AND TRANSPARENCY ACT (FFATA)
The State will comply with FFATA guidance, OMB Guidance on FFATA Subward and
Executive Compensation Reporting, August 27,
2010,
(https://www.fsrs.gov/documents/OMBl
GuidancelonlFFATAlSubawardl
andlExecutivelCompensationlReportingl
08272010.pdf) by reporting to FSRS.gov for
each sub-grant awarded:
• Name of the entity receiving the award;
• Amount of the award;
• Information on the award including
transaction type, funding agency, the North
American Industry Classification System
code or Catalog of Federal Domestic Assistance number (where applicable), program
source;
• Location of the entity receiving the
award and the primary location of performance under the award, including the city,
State, congressional district, and country;
and an award title descriptive of the purpose
of each funding action;
• A unique identifier (DUNS);

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National Highway Traffic Safety Admin., DOT
• The names and total compensation of the
five most highly compensated officers of the
entity if:
(i) the entity in the preceding fiscal year
received—
(I) 80 percent or more of its annual gross
revenues in Federal awards;
(II) $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the
senior executives of the entity through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986;
• Other relevant information specified by
OMB guidance.
NONDISCRIMINATION

jstallworth on DSK7TPTVN1PROD with CFR

(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (‘‘Federal Nondiscrimination
Authorities’’). These include but are not limited to:
• TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
(42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color,
national origin) and 49 CFR part 21;
• THE UNIFORM RELOCATION ASSISTANCE
AND REAL PROPERTY ACQUISITION POLICIES
Act of 1970, (42 U.S.C. 4601), (prohibits unfair
treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• FEDERAL-AID HIGHWAY ACT OF 1973, (23
U.S.C. 324 et seq.), AND TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, as amended (20
U.S.C. 1681–1683 and 1685–1686) (prohibit discrimination on the basis of sex);
• SECTION 504 OF THE REHABILITATION ACT
OF 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
• THE AGE DISCRIMINATION ACT OF 1975, as
amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
• THE CIVIL RIGHTS RESTORATION ACT OF
1987, (Pub. L. 100–209), (broadens scope, coverage and applicability of Title VI of the
Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms ‘‘programs or activities’’
to include all of the programs or activities of
the Federal aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally-funded or not);
• TITLES II AND III OF THE AMERICANS WITH
DISABILITIES ACT (42 U.S.C. 12131–12189) (prohibits discrimination on the basis of disability in the operation of public entities,
public and private transportation systems,

Pt. 1300, App. A

places of public accommodation, and certain
testing) and 49 CFR parts 37 and 38;
• EXECUTIVE ORDER 12898, FEDERAL ACTIONS
TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority
and low-income populations); and
• EXECUTIVE ORDER 13166, IMPROVING ACCESS
TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (guards against Title
VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that
LEP persons have meaningful access to programs (70 FR 74087–74100).
The State highway safety agency—
• Will take all measures necessary to ensure that no person in the United States
shall, on the grounds of race, color, national
origin, disability, sex, age, limited English
proficiency, or membership in any other
class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
of its programs or activities, so long as any
portion of the program is Federally-assisted.
• Will administer the program in a manner
that reasonably ensures that any of its subrecipients, contractors, subcontractors, and
consultants receiving Federal financial assistance under this program will comply
with all requirements of the Non-Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require any of its
subrecipients, contractors, subcontractors,
and consultants to comply) with all applicable provisions of law or regulation governing
US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities,
and staff, and to cooperate and comply with
any program or compliance reviews, and/or
complaint investigations conducted by US
DOT or NHTSA under any Federal Nondiscrimination Authority;
• Acknowledges that the United States has
a right to seek judicial enforcement with regard to any matter arising under these NonDiscrimination Authorities and this Assurance;
• Insert in all contracts and funding agreements with other State or private entities
the following clause:
‘‘During the performance of this contract/
funding agreement, the contractor/funding
recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may
be amended from time to time;
b. Not to participate directly or indirectly
in the discrimination prohibited by any Federal non-discrimination law or regulation, as

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Pt. 1300, App. A

23 CFR Ch. III (4–1–17 Edition)

set forth in appendix B of 49 CFR part 2l and
herein;
c. To permit access to its books, records,
accounts, other sources of information, and
its facilities as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/
funding agreement, the State highway safety
agency will have the right to impose such
contract/agreement sanctions as it or
NHTSA determine are appropriate, including
but not limited to withholding payments to
the contractor/funding recipient under the
contract/agreement until the contractor/
funding recipient complies; and/or cancelling, terminating, or suspending a contract
or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs a through e, in every subcontract and
subagreement and in every solicitation for a
subcontract or sub-agreement, that receives
Federal funds under this program.

paragraph (c)(2), with respect to any employee who is so convicted—
Æ Taking appropriate personnel action
against such an employee, up to and including termination.
Æ Requiring such employee to participate
satisfactorily in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
f. Making a good faith effort to continue to
maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)
The State will comply with provisions of
the Hatch Act (5 U.S.C. 1501–1508), which limits the political activities of employees
whose principal employment activities are
funded in whole or in part with Federal
funds.

jstallworth on DSK7TPTVN1PROD with CFR

THE DRUG-FREE WORKPLACE ACT OF
1988 (41 U.S.C. 8103)
The State will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the
grantee’s workplace and specifying the actions that will be taken against employees
for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
Æ The dangers of drug abuse in the workplace.
Æ The grantee’s policy of maintaining a
drug-free workplace.
Æ Any available drug counseling, rehabilitation, and employee assistance programs.
Æ The penalties that may be imposed upon
employees for drug violations occurring in
the workplace.
Æ Making it a requirement that each employee engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
c. Notifying the employee in the statement
required by paragraph (a) that, as a condition of employment under the grant, the employee will—
Æ Abide by the terms of the statement.
Æ Notify the employer of any criminal drug
statute conviction for a violation occurring
in the workplace no later than five days
after such conviction.
d. Notifying the agency within ten days
after receiving notice under subparagraph
(c)(2) from an employee or otherwise receiving actual notice of such conviction.
e. Taking one of the following actions,
within 30 days of receiving notice under sub-

CERTIFICATION REGARDING FEDERAL
LOBBYING
(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)
Certification for Contracts, Grants, Loans,
and Cooperative Agreements
The undersigned certifies, to the best of his
or her knowledge and belief, that:
1. No Federal appropriated funds have been
paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering
into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting
to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a
Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete
and submit Standard Form-LLL, ‘‘Disclosure
Form to Report Lobbying,’’ in accordance
with its instructions.
3. The undersigned shall require that the
language of this certification be included in
the award documents for all sub-award at all
tiers (including subcontracts, subgrants, and

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National Highway Traffic Safety Admin., DOT
contracts under grant, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered
into. Submission of this certification is a
prerequisite for making or entering into this
transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the
required certification shall be subject to a
civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)
None of the funds under this program will
be used for any activity specifically designed
to urge or influence a State or local legislator to favor or oppose the adoption of any
specific legislative proposal pending before
any State or local legislative body. Such activities include both direct and indirect (e.g.,
‘‘grassroots’’) lobbying activities, with one
exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials,
in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING
DEBARMENT AND SUSPENSION
(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)

jstallworth on DSK7TPTVN1PROD with CFR

Instructions for Primary Certification (States)
1. By signing and submitting this proposal,
the prospective primary participant is providing the certification set out below and
agrees to comply with the requirements of 2
CFR parts 180 and 1300.
2. The inability of a person to provide the
certification required below will not necessarily result in denial of participation in
this covered transaction. The prospective
participant shall submit an explanation of
why it cannot provide the certification set
out below. The certification or explanation
will be considered in connection with the department or agency’s determination whether
to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation
shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later determined that the pro-

Pt. 1300, App. A

spective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal
Government, the department or agency may
terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary participant
shall provide immediate written notice to
the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or
has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, debarment,
suspension, ineligible, lower tier, participant,
person, primary tier, principal, and voluntarily
excluded, as used in this clause, have the
meaning set out in the Definitions and coverage sections of 2 CFR part 180. You may
contact the department or agency to which
this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter
into any lower tier covered transaction with
a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily
excluded from participation in this covered
transaction, unless authorized by NHTSA.
7. The prospective primary participant further agrees by submitting this proposal that
it will include the clause titled ‘‘Instructions
for Lower Tier Certification’’ including the
‘‘Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,’’ provided by the department or agency entering
into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions and will require lower
tier participants to comply with 2 CFR parts
180 and 1300.
8. A participant in a covered transaction
may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
9. Nothing contained in the foregoing shall
be construed to require establishment of a
system of records in order to render in good

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Pt. 1300, App. A

23 CFR Ch. III (4–1–17 Edition)

faith the certification required by this
clause. The knowledge and information of a
participant is not required to exceed that
which is normally possessed by a prudent
person in the ordinary course of business
dealings.
10. Except for transactions authorized
under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, the department or agency may
disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension,
and Other Responsibility Matters—Primary
Covered Transactions
(1) The prospective primary participant
certifies to the best of its knowledge and belief, that its principals:
(a) Are not presently debarred, suspended,
proposed for debarment, declared ineligible,
or voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period
preceding this proposal been convicted of or
had a civil judgment rendered against them
for commission of fraud or a criminal offense
in connection with obtaining, attempting to
obtain, or performing a public (Federal,
State or local) transaction or contract under
a public transaction; violation of Federal or
State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of record, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local)
with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period
preceding this application/proposal had one
or more public transactions (Federal, State,
or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective
participant shall attach an explanation to
this proposal.

jstallworth on DSK7TPTVN1PROD with CFR

Instructions for Lower Tier Certification
1. By signing and submitting this proposal,
the prospective lower tier participant is providing the certification set out below and
agrees to comply with the requirements of 2
CFR parts 180 and 1300.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that
the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the
Federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant
shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarment,
suspension, ineligible, lower tier, participant,
person, primary tier, principal, and voluntarily
excluded, as used in this clause, have the
meanings set out in the Definition and Coverage sections of 2 CFR part 180. You may
contact the person to whom this proposal is
submitted for assistance in obtaining a copy
of those regulations.
5. The prospective lower tier participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter
into any lower tier covered transaction with
a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily
excluded from participation in this covered
transaction, unless authorized by NHTSA.
6. The prospective lower tier participant
further agrees by submitting this proposal
that it will include the clause titled ‘‘Instructions for Lower Tier Certification’’ including the ‘‘Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transaction,’’ without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and
1300.
7. A participant in a covered transaction
may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

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National Highway Traffic Safety Admin., DOT
8. Nothing contained in the foregoing shall
be construed to require establishment of a
system of records in order to render in good
faith the certification required by this
clause. The knowledge and information of a
participant is not required to exceed that
which is normally possessed by a prudent
person in the ordinary course of business
dealings.
9. Except for transactions authorized under
paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded
from participation in this transaction, the
department or agency with which this transaction originated may disallow costs, annul
or terminate the transaction, issue a stop
work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion—Lower
Tier Covered Transactions
1. The prospective lower tier participant
certifies, by submission of this proposal, that
neither it nor its principals is presently
debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded
from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to
this proposal.

PROHIBITION ON USING GRANT FUNDS
TO CHECK FOR HELMET USAGE
(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)
The State and each subrecipient will not
use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create
checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043,
Increasing Seat Belt Use in the United
States, dated April 16, 1997, the Grantee is
encouraged to adopt and enforce on-the-job
seat belt use policies and programs for its
employees when operating company-owned,
rented, or personally-owned vehicles. The
National Highway Traffic Safety Administration (NHTSA) is responsible for providing
leadership and guidance in support of this
Presidential initiative. For information on
how to implement such a program, or statistics on the potential benefits and cost-savings to your company or organization, please
visit the Buckle Up America section on
NHTSA’s Web site at www.nhtsa.dot.gov. Additional resources are available from the
Network of Employers for Traffic Safety
(NETS),
a
public-private
partnership
headquartered in the Washington, DC metropolitan area, and dedicated to improving the
traffic safety practices of employers and employees. NETS is prepared to provide technical assistance, a simple, user-friendly program kit, and an award for achieving the
President’s goal of 90 percent seat belt use.
NETS can be contacted at 1 (888) 221–0045 or
visit its Web site at www.trafficsafety.org.

BUY AMERICA ACT

POLICY ON BANNING TEXT MESSAGING
WHILE DRIVING

(APPLIES TO SUBRECIPIENTS AS WELL AS
STATES)

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Pt. 1300, App. A

The State and each subrecipient will comply with the Buy America requirement (23
U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or
subrecipient, to purchase only steel, iron and
manufactured products produced in the
United States with Federal funds, unless the
Secretary of Transportation determines that
such domestically produced items would be
inconsistent with the public interest, that
such materials are not reasonably available
and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project contract by more
than 25 percent. In order to use Federal
funds to purchase foreign produced items,
the State must submit a waiver request that
provides an adequate basis and justification
to and approved by the Secretary of Transportation.

In accordance with Executive Order 13513,
Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10,
Text Messaging While Driving, States are
encouraged to adopt and enforce workplace
safety policies to decrease crashed caused by
distracted driving, including policies to ban
text messaging while driving companyowned or -rented vehicles, Governmentowned, leased or rented vehicles, or privately-owned when on official Government
business or when performing any work on or
behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the
size of the business, such as establishment of
new rules and programs or re-evaluation of
existing programs to prohibit text messaging
while driving, and education, awareness, and
other outreach to employees about the safety risks associated with texting while driving.

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Pt. 1300, App. A

23 CFR Ch. III (4–1–17 Edition)

jstallworth on DSK7TPTVN1PROD with CFR

SECTION 402 REQUIREMENTS
1. To the best of my personal knowledge,
the information submitted in the Highway
Safety Plan in support of the State’s application for a grant under 23 U.S.C. 402 is accurate and complete.
2. The Governor is the responsible official
for the administration of the State highway
safety program, by appointing a Governor’s
Representative for Highway Safety who shall
be responsible for a State highway safety
agency that has adequate powers and is suitably equipped and organized (as evidenced by
appropriate oversight procedures governing
such areas as procurement, financial administration, and the use, management, and disposition of equipment) to carry out the program. (23 U.S.C. 402(b)(1)(A))
3. The political subdivisions of this State
are authorized, as part of the State highway
safety program, to carry out within their jurisdictions local highway safety programs
which have been approved by the Governor
and are in accordance with the uniform
guidelines promulgated by the Secretary of
Transportation. (23 U.S.C. 402(b)(1)(B))
4. At least 40 percent of all Federal funds
apportioned to this State under 23 U.S.C. 402
for this fiscal year will be expended by or for
the benefit of political subdivisions of the
State in carrying out local highway safety
programs (23 U.S.C. 402(b)(1)(C)) or 95 percent
by and for the benefit of Indian tribes (23
U.S.C. 402(h)(2)), unless this requirement is
waived in writing. (This provision is not applicable to the District of Columbia, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.)
5. The State’s highway safety program provides adequate and reasonable access for the
safe and convenient movement of physically
handicapped persons, including those in
wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks. (23 U.S.C. 402(b)(1)(D))
6. The State will provide for an evidencedbased traffic safety enforcement program to
prevent traffic violations, crashes, and crash
fatalities and injuries in areas most at risk
for such incidents. (23 U.S.C. 402(b)(1)(E))
7. The State will implement activities in
support of national highway safety goals to
reduce motor vehicle related fatalities that
also reflect the primary data-related crash
factors within the State, as identified by the
State highway safety planning process, including:
• Participation in the National high-visibility law enforcement mobilizations as
identified annually in the NHTSA Communications Calendar, including not less than 3
mobilization campaigns in each fiscal year
to—
Æ Reduce alcohol-impaired or drug-impaired operation of motor vehicles; and

Æ Increase use of seatbelts by occupants of
motor vehicles;
• Submission of information regarding mobilization participation into the HVE Database;
• Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed
limits;
• An annual Statewide seat belt use survey
in accordance with 23 CFR part 1340 for the
measurement of State seat belt use rates, except for the Secretary of Interior on behalf
of Indian tribes;
• Development of Statewide data systems
to provide timely and effective data analysis
to support allocation of highway safety resources;
• Coordination of Highway Safety Plan,
data collection, and information systems
with the State strategic highway safety
plan, as defined in 23 U.S.C. 148(a).
(23 U.S.C. 402(b)(1)(F))
8. The State will actively encourage all
relevant law enforcement agencies in the
State to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police that
are currently in effect. (23 U.S.C. 402(j))
9. The State will not expend Section 402
funds to carry out a program to purchase,
operate, or maintain an automated traffic
enforcement system. (23 U.S.C. 402(c)(4))
The State: [CHECK ONLY ONE]
b Certifies that automated traffic enforcement systems are not used on any public
road in the State;
OR
b Is unable to certify that automated traffic enforcement systems are not used on any
public road in the State, and therefore will
conduct a survey meeting the requirements
of 23 CFR 1300.13(d)(3) AND will submit the
survey results to the NHTSA Regional office
no later than March 1 of the fiscal year of
the grant.
I understand that my statements in support of the State’s application for Federal
grant funds are statements upon which the
Federal Government will rely in determining
qualification for grant funds, and that knowing misstatements may be subject to civil or
criminal penalties under 18 U.S.C. 1001. I sign
these Certifications and Assurances based on
personal knowledge, and after appropriate
inquiry.
lllllllllllllllllllllll
Signature Governor’s Representative for
Highway Safety
lllllllllllllllllllllll
Date
lllllllllllllllllllllll
Printed name of Governor’s Representative
for Highway Safety

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National Highway Traffic Safety Admin., DOT
APPENDIX B TO PART 1300—APPLICATION
REQUIREMENTS FOR SECTION 405 AND
SECTION 1906 GRANTS
[Each fiscal year, to apply for a grant under 23
U.S.C. 405 or Section 1906, Public Law 109–59, as
amended by Section 4011, Public Law 114–94, the
State must complete and submit all required information in this appendix, and the Governor’s
Representative for Highway Safety must sign
the Certifications and Assurances.]
State: lll
Fiscal Year: ll
llllllllllllllllllllllll
Instructions: Check the box for each part for
which the State is applying for a grant, fill in
relevant blanks, and identify the attachment
number or page numbers where the requested information appears in the HSP. Attachments may
be submitted electronically.
llllllllllllllllllllllll
b PART 1: OCCUPANT PROTECTION GRANTS (23
CFR 1300.21)
[Check the box above only if applying for this
grant.]

jstallworth on DSK7TPTVN1PROD with CFR

ALL STATES:
[Fill in all blanks below.]
• The lead State agency responsible for occupant protection programs will maintain
its aggregate expenditures for occupant protection programs at or above the average
level of such expenditures in fiscal years 2014
and 2015. (23 U.S.C. 405(a)(9))
• The State’s occupant protection program
area plan for the upcoming fiscal year is provided as HSP page or attachment # lll.
• The State will participate in the Click it
or Ticket national mobilization in the fiscal
year of the grant. The description of the
State’s planned participation is provided as
HSP page or attachment # lll.
• A table that documents the State’s active network of child restraint inspection
stations is provided as HSP page or attachment # lll. Such table includes (1) the
total number of inspection stations/events in
the State; and (2) the total number of inspection stations and/or inspection events that
service rural and urban areas and at-risk
populations (e.g., low income, minority).
Each inspection station/event is staffed with
at least one current nationally Certified
Child Passenger Safety Technician.
• A table, as provided in HSP page or attachment # lll, identifies the number of
classes to be held, location of classes, and estimated number of students needed to ensure
coverage of child passenger safety inspection
stations and inspection events by nationally
Certified Child Passenger Safety Technicians.

Pt. 1300, App. B
LOWER SEAT BELT USE STATES ONLY:

[Check at least 3 boxes below and fill in all
blanks under those checked boxes.]
b The State’s PRIMARY SEAT BELT USE LAW,
requiring all occupants riding in a passenger
motor vehicle to be restrained in a seat belt
or a child restraint, was enacted on l/l/l
and last amended on l/l/l, is in effect, and
will be enforced during the fiscal year of the
grant. LEGAL CITATION(S): lll.
b The State’s OCCUPANT PROTECTION LAW,
requiring occupants to be secured in a seat
belt or age-appropriate child restraint while
in a passenger motor vehicle and a minimum
fine of $25, was enacted on ll/ll/ll and
last amended on ll/ll/ll, is in effect,
and will be enforced during the fiscal year of
the grant.
LEGAL CITATIONS:
• lll Requirement for all occupants to
be secured in seat belt or age appropriate
child restraint;
• lll Coverage of all passenger motor
vehicles ;
• lll Minimum fine of at least $25;
• lll Exemptions from restraint requirements.
b The State’s seat belt enforcement plan
is provided as HSP page or attachment #
lll.
b The State’s high risk population countermeasure program is provided as HSP page
or attachment # lll.
b The State’s comprehensive occupant
protection program is provided as follows:
• Date of NHTSA-facilitated program assessment conducted within 5 years prior to
the application date: ll/ll/ll;
• Multi-year strategic plan: HSP page or
attachment # ll;
• Name and title of State’s designated occupant protection coordinator: lll
• List that contains the names, titles and
organizations of the Statewide occupant protection task force membership: HSP page or
attachment # lll.
b The State’s NHTSA-facilitated occupant
protection program assessment of all elements of its occupant protection program
was conducted on ll/ll/ll (within 3
years of the application due date);
llllllllllllllllllllllll
b PART 2: STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS GRANTS (23
CFR 1300.22)
[Check the box above only if applying for this
grant.]
ALL STATES:
• The lead State agency responsible for
traffic safety information system improvements programs will maintain its aggregate
expenditures for traffic safety information

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Pt. 1300, App. B

23 CFR Ch. III (4–1–17 Edition)

system improvements programs at or above
the average level of such expenditures in fiscal years 2014 and 2015. (23 U.S.C. 405(a)(9))
[Fill in all blanks for each bullet below.]
• A list of at least 3 TRCC meeting dates
during the 12 months preceding the application due date is provided as HSP page or attachment # lll.
• The name and title of the State’s Traffic
Records Coordinator is llllll.
llllllllllllllllllllllll
• A list of the TRCC members by name,
title, home organization and the core safety
database represented is provided as HSP
page or attachment # lll.
• The State Strategic Plan is provided as
follows:
■ Description of specific, quantifiable and
measurable improvements: HSP page or attachment # lll;
■ List of all recommendations from most
recent assessment: HSP page or attachment
# lll;
■ Recommendations to be addressed, including projects and performance measures:
HSP page or attachment # lll;
■ Recommendations not to be addressed,
including reasons for not implementing: HSP
page or attachment # lll.
• Written description of the performance
measures, and all supporting data, that the
State is relying on to demonstrate achievement of the quantitative improvement in the
preceding 12 months of the application due
date in relation to one or more of the significant data program attributes is provided as
HSP page or attachment # lll.
• The State’s most recent assessment or
update of its highway safety data and traffic
records system was completed on l/l/l.
llllllllllllllllllllllll
b PART 3: IMPAIRED DRIVING
COUNTERMEASURES (23 CFR 1300.23(D)–(F))
[Check the box above only if applying for this
grant.]
ALL STATES:
• The lead State agency responsible for impaired driving programs will maintain its aggregate expenditures for impaired driving
programs at or above the average level of
such expenditures in fiscal years 2014 and
2015.
• The State will use the funds awarded
under 23 U.S.C. 405(d) only for the implementation of programs as provided in 23 CFR
1200.23(j) in the fiscal year of the grant.

jstallworth on DSK7TPTVN1PROD with CFR

MID-RANGE STATE ONLY:
[Check one box below and fill in all blanks
under that checked box.]
b The State submits its Statewide impaired driving plan approved by a Statewide

impaired driving task force on ll/ll/ll.
Specifically—
■ HSP page or attachment # lll describes the authority and basis for operation
of the Statewide impaired driving task force;
■ HSP page or attachment # lll contains the list of names, titles and organizations of all task force members;
■ HSP page or attachment # lll contains the strategic plan based on Highway
Safety Guideline No. 8—Impaired Driving.
b The State has previously submitted a
Statewide impaired driving plan approved by
a Statewide impaired driving task force on
ll/ll/ll and continues to use this plan.
HIGH-RANGE STATE ONLY:
[Check one box below and fill in all blanks
under that checked box.]
b The State submits its Statewide impaired driving plan approved by a Statewide
impaired driving task force on ll/ll/ll
that includes a review of a NHTSA-facilitated assessment of the State’s impaired
driving program conducted on ll/ll/ll.
Specifically,—
■ HSP page or attachment # lll describes the authority and basis for operation
of the Statewide impaired driving task force;
■ HSP page or attachment # lll contains the list of names, titles and organizations of all task force members;
■ HSP page or attachment # lll contains the strategic plan based on Highway
Safety Guideline No. 8—Impaired Driving;
■ HSP page or attachment # lll addresses any related recommendations from
the assessment of the State’s impaired driving program;
■ HSP page or attachment # lll contains the detailed project list for spending
grant funds;
■ HSP page or attachment # lll describes how the spending supports the
State’s impaired driving program and
achievement of its performance targets.
b The State submits an updated Statewide
impaired driving plan approved by a Statewide impaired driving task force on l/l/l
and updates its assessment review and spending plan provided as HSP page or attachment
# lll.
b PART 4: ALCOHOL-IGNITION INTERLOCK LAWS
(23 CFR 1300.23(G))
[Check the box above only if applying for this
grant.]
[Fill in all blanks.]
The State provides citations to a law that
requires all individuals convicted of driving
under the influence or of driving while intoxicated to drive only motor vehicles with
alcohol-ignition interlocks for a period of 6
months that was enacted on ll/ll/ll
and last amended on ll/ll/ll, is in effect, and will be enforced during the fiscal

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National Highway Traffic Safety Admin., DOT
year of the grant. Legal citation(s):
llllllllllll.
llllllllllllllllllllllll
b PART 5: 24-7 SOBRIETY PROGRAMS (23 CFR
1300.23(H))
[Check the box above only if applying for this
grant.]
[Fill in all blanks.]
The State provides citations to a law that
requires all individuals convicted of driving
under the influence or of driving while intoxicated to receive a restriction on driving
privileges that was enacted on ll/ll/ll
and last amended on ll/ll/ll, is in effect, and will be enforced during the fiscal
year of the grant. Legal citation(s):
lllllllll.
llllllllllllllllllllllll
[Check at least one of the boxes below and fill
in all blanks under that checked box.]
b Law citation. The State provides citations to a law that authorizes a Statewide 247 sobriety program that was enacted on
l/l/l and last amended on l/l/l, is in effect, and will be enforced during the fiscal
year of the grant. LEGAL CITATION(S):
lllllllll.
llllllllllllllllllllllll
b Program information. The State provides
program information that authorizes a
Statewide 24-7 sobriety program. The program information is provided as HSP page or
attachment # lll.

jstallworth on DSK7TPTVN1PROD with CFR

b PART 6: DISTRACTED DRIVING GRANTS (23
CFR 1300.24)
[Check the box above only if applying for this
grant.]
[Check one box only below and fill in all blanks
under that checked box only.]
b COMPREHENSIVE DISTRACTED DRIVING
GRANT
• The State provides sample distracted
driving questions from the State’s driver’s license examination in HSP page or attachment # lll.
• PROHIBITION ON TEXTING WHILE DRIVING
The State’s texting ban statute, prohibiting texting while driving, a minimum fine
of at least $25, was enacted on ll/ll/ ll
and last amended on ll/ll/ll, is in effect, and will be enforced during the fiscal
year of the grant.
LEGAL CITATIONS:
■ lll Prohibition on texting while driving;
■ lll Definition of covered wireless
communication devices;
■ lll Minimum fine of at least $25 for
an offense;
■ lll Exemptions from texting ban.
• PROHIBITION ON YOUTH CELL PHONE USE
WHILE DRIVING

Pt. 1300, App. B

The State’s youth cell phone use ban statute, prohibiting youth cell phone use while
driving, driver license testing of distracted
driving issues, a minimum fine of at least
$25, was enacted on ll/ll/ll and last
amended on ll/ll/ll, is in effect, and
will be enforced during the fiscal year of the
grant.
LEGAL CITATIONS:
■ lll Prohibition on youth cell phone
use while driving;
■ lll Definition of covered wireless
communication devices;
■ lll Minimum fine of at least $25 for
an offense;
■ lll Exemptions from youth cell phone
use ban.
• The State has conformed its distracted
driving data to the most recent Model Minimum Uniform Crash Criteria (MMUCC) and
will provide supporting data (i.e., NHTSA-developed MMUCC Mapping spreadsheet) within 30 days after notification of award.
b SPECIAL DISTRACTED DRIVING GRANT FOR
FISCAL YEAR 2017
• The State’s basic text messaging statute
applying to drivers of all ages was enacted
on ll/ll/ll and last amended on l/l/l,
is in effect, and will be enforced during the
fiscal year of the grant.
LEGAL CITATIONS:
■ lll Basic text messaging statute;
■ lll Primary or secondary enforcement.
• The State is NOT eligible for a Comprehensive Distracted Driving Grant.
b SPECIAL DISTRACTED DRIVING GRANT FOR
FISCAL YEAR 2018
• The State’s basic text messaging statute
applying to drivers of all ages was enacted
l/l/l and last amended on l/l/l, is in effect, and will be enforced during the fiscal
year of the grant.
LEGAL CITATIONS:
■ lll Basic text messaging statute;
■ lll Primary enforcement;
■ lll Fine for a violation of the basic
text messaging statute;
• The State’s youth cell phone use ban
statute, prohibiting youth cell phone use
while driving, was enacted on ll/ll/ll
and last amended on ll/ll/ll, is in effect, and will be enforced during the fiscal
year of the grant.
LEGAL CITATIONS:
■ lll Prohibition on youth cell phone
use while driving;
■ lll Definition of covered wireless
communication devices.
• The State is NOT eligible for a Comprehensive Distracted Driving Grant.
llllllllllllllllllllllll

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Pt. 1300, App. B

23 CFR Ch. III (4–1–17 Edition)

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b PART 7: MOTORCYCLIST SAFETY GRANTS (23
CFR 1300.25)
[Check the box above only if applying for this
grant.]
[Check at least 2 boxes below and fill in all
blanks under those checked boxes only.]
b MOTORCYCLE RIDING TRAINING COURSE:
• The name and organization of the head of
the designated State authority over motorcyclist safety issues is lll.
• The head of the designated State authority over motorcyclist safety issues has approved and the State has adopted one of the
following introductory rider curricula:
[Check one of the following boxes below and fill
in any blanks.]
b Motorcycle Safety Foundation Basic
Rider Course;
b TEAM OREGON Basic Rider Training;
b Idaho STAR Basic I;
b California Motorcyclist Safety Program
Motorcyclist Training Course;
b Other curriculum that meets NHTSA’s
Model National Standards for Entry-Level
Motorcycle Rider Training and that has been
approved by NHTSA.
• On HSP page or attachment # lll, a
list of counties or political subdivisions in
the State where motorcycle rider training
courses will be conducted during the fiscal
year of the grant AND number of registered
motorcycles in each such county or political
subdivision according to official State motor
vehicle records.
b MOTORCYCLIST AWARENESS PROGRAM:
• The name and organization of the head of
the designated State authority over motorcyclist safety issues is lll.
• The State’s motorcyclist awareness program was developed by or in coordination
with the designated State authority having
jurisdiction over motorcyclist safety issues.
• On HSP page or attachment # lll, performance measures and corresponding performance targets developed for motorcycle
awareness that identifies, using State crash
data, the counties or political subdivisions
within the State with the highest number of
motorcycle crashes involving a motorcycle
and another motor vehicle.
• On HSP page or attachment # lll,
countermeasure strategies and projects demonstrating that the State will implement
data-driven programs in a majority of counties or political subdivisions corresponding
with the majority of crashes involving at
least one motorcycle and at least one motor
vehicle causing a serious or fatal injury to at
least one motorcyclist or motor vehicle occupant.
b REDUCTION OF FATALITIES AND CRASHES
INVOLVING MOTORCYCLES:
• Data showing the total number of motor
vehicle crashes involving motorcycles is provided as HSP page or attachment # lll.

• Description of the State’s methods for
collecting and analyzing data is provided as
HSP page or attachment # lll.
b IMPAIRED DRIVING PROGRAM:
• On HSP page or attachment # lll, performance measures and corresponding performance targets developed to reduce impaired motorcycle operation.
• On HSP page or attachment # lll,
countermeasure strategies and projects demonstrating that the State will implement
data-driven programs designed to reach motorcyclists and motorists in those jurisdictions where the incidence of motorcycle
crashes involving an impaired operator is
highest (i.e., the majority of counties or political subdivisions in the State with the
highest numbers of motorcycle crashes involving an impaired operator) based upon
State data.
b REDUCTION OF FATALITIES AND ACCIDENTS
INVOLVING IMPAIRED MOTORCYCLISTS:
• Data showing the total number of reported crashes involving alcohol-impaired
and drug-impaired motorcycle operators is
provided as HSP page or attachment #
lll.
• Description of the State’s methods for
collecting and analyzing data is provided as
HSP page or attachment # lll.
b USE OF FEES COLLECTED FROM MOTORCYCLISTS FOR MOTORCYCLE PROGRAMS:
[Check one box only below and fill in all blanks
under the checked box only.]
b Applying as a Law State—
• The State law or regulation requires all
fees collected by the State from motorcyclists for the purpose of funding motorcycle
training and safety programs are to be used
for motorcycle training and safety programs.
LEGAL CITATION(S): lllllllll.
AND
• The State’s law appropriating funds for
FY lll requires all fees collected by the
State from motorcyclists for the purpose of
funding motorcycle training and safety programs be spent on motorcycle training and
CITATION(S):
safety
programs.
LEGAL
llllllllllll.
b Applying as a Data State—
• Data and/or documentation from official
State records from the previous fiscal year
showing that ALL fees collected by the State
from motorcyclists for the purpose of funding motorcycle training and safety programs
were used for motorcycle training and safety
programs is provided HSP page or attachment # lll.
llllllllllllllllllllllll
b PART 8: STATE GRADUATED DRIVER
LICENSING INCENTIVE GRANTS (23 CFR 1300.26)
[Check the box above only if applying for this
grant.]
[Fill in all applicable blanks below.]

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National Highway Traffic Safety Admin., DOT
The State’s graduated driver licensing
statute, requiring both a learner’s permit
stage and intermediate stage prior to receiving a full driver’s license, was last amended
on ll/ll/ll, is in effect, and will be enforced during the fiscal year of the grant.
LEARNER’S PERMIT STAGE—
LEGAL CITATIONS:
• lll Applies prior to receipt of any
other permit, license, or endorsement if applicant is younger than 18 years of age.
• lllApplicant must pass vision test and
knowledge assessments
• lllIn effect for at least 6 months
• lllIn effect until driver is at least 16
years of age
• lllMust be accompanied and supervised at all times
• lllRequires completion of State-certified driver education course or at least 50
hours of behind-the-wheel training with at
least 10 of those hours at night
• lllProhibition on use of personal wireless communications device
• lllExtension of learner’s permit stage
if convicted
• lllExemptions from graduated driver
licensing law
INTERMEDIATE STAGE—
LEGAL CITATIONS:
• lllCommences after applicant younger than 18 years of age successfully completes the learner’s permit stage, but prior
to receipt of any other permit, license, or endorsement
• lllApplicant must pass behind-thewheel driving skills assessment
• lllIn effect for at least 6 months
• lllIn effect until driver is at least 17
years of age
• lllMust be accompanied and supervised between hours of 10:00 p.m. and 5:00
a.m. during first 6 months of stage, except
when operating a motor vehicle for the purposes of work, school, religious activities, or
emergencies
• lllNo more than 1 nonfamilial passenger younger than 21 allowed
•lllProhibition on use of personal wireless communications device
• lllExtension of intermediate stage if
convicted
• lllExemptions from graduated driver
licensing law
llllllllllllllllllllllll

jstallworth on DSK7TPTVN1PROD with CFR

b PART 9: NONMOTORIZED SAFETY GRANTS (23
CFR 1300.27)
[Check the box above only applying for this
grant AND only if NHTSA has identified the
State as eligible because the State annual
combined pedestrian and bicyclist fatalities
exceed 15 percent of the State’s total annual
crash fatalities based on the most recent calendar year final FARS data.]

Pt. 1300, App. B

The State affirms that it will use the funds
awarded under 23 U.S.C. 405(h) only for the
implementation of programs as provided in
23 CFR 1200.27(d) in the fiscal year of the
grant.
llllllllllllllllllllllll
b PART 10: RACIAL PROFILING DATA
COLLECTION GRANTS (23 CFR 1300.28)
[Check the box above only if applying for this
grant.]
[Check one box only below and fill in all blanks
under the checked box only.]
b On HSP page or attachment # lll, the
official document(s) (i.e., a law, regulation,
binding policy directive, letter from the Governor or court order) demonstrates that the
State maintains and allows public inspection
of statistical information on the race and
ethnicity of the driver for each motor vehicle stop made by a law enforcement officer
on a Federal-aid highway.
b On HSP page or attachment # lll, the
State will undertake projects during the fiscal year of the grant to maintain and allow
public inspection of statistical information
on the race and ethnicity of the driver for
each motor vehicle stop made by a law enforcement officer on a Federal-aid highway.
llllllllllllllllllllllll
IN MY CAPACITY AS THE GOVERNOR’S REPRESENTATIVE FOR HIGHWAY SAFETY, I HEREBY
PROVIDE THE FOLLOWING CERTIFICATIONS AND
ASSURANCES—

• I have reviewed the above information in
support of the State’s application for 23
U.S.C. 405 and Section 1906 grants, and based
on my review, the information is accurate
and complete to the best of my personal
knowledge.
• As condition of each grant awarded, the
State will use these grant funds in accordance with the specific statutory and regulatory requirements of that grant, and will
comply with all applicable laws, regulations,
and financial and programmatic requirements for Federal grants.
• I understand and accept that incorrect,
incomplete, or untimely information submitted in support of the State’s application
may result in the denial of a grant award.
I UNDERSTAND THAT MY STATEMENTS IN SUPPORT OF THE STATE’S APPLICATION FOR FEDERAL GRANT FUNDS ARE STATEMENTS UPON
WHICH THE FEDERAL GOVERNMENT WILL RELY
IN DETERMINING QUALIFICATION FOR GRANT
FUNDS, AND THAT KNOWING MISSTATEMENTS
MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. 1001. I SIGN THESE CERTIFICATIONS AND ASSURANCES BASED ON PERSONAL KNOWLEDGE, AND AFTER APPROPRIATE
INQUIRY.

llllllllllllllllllllllll
Signature Governor’s Representative for
Highway Safety

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Pt. 1300, App. C

23 CFR Ch. III (4–1–17 Edition)

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Date
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Printed name of Governor’s Representative
for Highway Safety

jstallworth on DSK7TPTVN1PROD with CFR

APPENDIX C TO PART 1300—PARTICIPATION BY POLITICAL SUBDIVISIONS
(A) POLICY. To ensure compliance with the
provisions of 23 U.S.C. 402(b)(1)(C) and 23
U.S.C. 402(h)(2), which require that at least
40 percent or 95 percent of all Federal funds
apportioned under Section 402 to the State
(except the District of Columbia, Puerto
Rico, U.S. Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern
Mariana Islands) or the Secretary of Interior, respectively, will be expended by political subdivisions of the State, including Indian tribal governments, in carrying out
local highway safety programs, the NHTSA
Regional Administrator will determine if the
political subdivisions had an active voice in
the initiation, development and implementation of the programs for which funds apportioned under 23 U.S.C. 402 are expended.
(B) TERMS.
Local participation refers to the minimum
40 percent or 95 percent (Indian Nations) that
must be expended by or for the benefit of political subdivisions.
Political subdivision includes Indian tribes,
for purpose and application to the apportionment to the Secretary of Interior.
(C) DETERMINING LOCAL SHARE.
(1) In determining whether a State meets
the local share requirement in a fiscal year,
NHTSA will apply the requirement sequentially to each fiscal year’s apportionments,
treating all apportionments made from a
single fiscal year’s authorizations as a single
entity for this purpose. Therefore, at least 40
percent of each State’s apportionments (or
at least 95 percent of the apportionment to
the Secretary of Interior) from each year’s
authorizations must be used in the highway
safety programs of its political subdivisions
prior to the period when funds would normally lapse. The local participation requirement is applicable to the State’s total federally funded safety program irrespective of
Standard designation or Agency responsibility.
(2) When Federal funds apportioned under
23 U.S.C. 402 are expended by a political subdivision, such expenditures are clearly part
of the local share. Local highway safetyproject-related expenditures and associated
indirect costs, which are reimbursable to the
grantee local governments, are classifiable
as local share. Illustrations of such expenditures are the costs incurred by a local government in planning and administration of
highway safety project-related activities,
such as occupant protection, traffic records
system improvements, emergency medical

services, pedestrian and bicycle safety activities, police traffic services, alcohol and
other drug countermeasures, motorcycle
safety, and speed control.
(3) When Federal funds apportioned under
23 U.S.C. 402 are expended by a State agency
for the benefit of a political subdivision,
such funds may be considered as part of the
local share, provided that the political subdivision has had an active voice in the initiation, development, and implementation of
the programs for which such funds are expended. A State may not arbitrarily ascribe
State agency expenditures as ‘‘benefitting
local government.’’ Where political subdivisions have had an active voice in the initiation, development, and implementation of a
particular program or activity, and a political subdivision which has not had such active voice agrees in advance of implementation to accept the benefits of the program,
the Federal share of the cost of such benefits
may be credited toward meeting the local
participation requirement. Where no political subdivisions have had an active voice in
the initiation, development, and implementation of a particular program, but a political subdivision requests the benefits of the
program as part of the local government’s
highway safety program, the Federal share
of the cost of such benefits may be credited
toward meeting the local participation requirement. Evidence of consent and acceptance of the work, goods or services on behalf
of the local government must be established
and maintained on file by the State until all
funds authorized for a specific year are expended and audits completed.
(4) State agency expenditures which are
generally not classified as local are within
such areas as vehicle inspection, vehicle registration and driver licensing. However,
where these areas provide funding for services such as driver improvement tasks administered by traffic courts, or where they
furnish computer support for local government requests for traffic record searches,
these expenditures are classifiable as benefitting local programs.
(D) WAIVERS. While the local participation
requirement may be waived in whole or in
part by the NHTSA Administrator, it is expected that each State program will generate political subdivision participation to
the extent required by the Act so that requests for waivers will be minimized. Where
a waiver is requested, however, it must be
documented at least by a conclusive showing
of the absence of legal authority over highway safety activities at the political subdivision levels of the State and must recommend
the appropriate percentage participation to
be applied in lieu of the local share.

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National Highway Traffic Safety Admin., DOT

jstallworth on DSK7TPTVN1PROD with CFR

APPENDIX D TO PART 1300—PLANNING
AND ADMINISTRATION (P&A) COSTS
(A) POLICY. Federal participation in P&A
activities shall not exceed 50 percent of the
total cost of such activities, or the applicable sliding scale rate in accordance with 23
U.S.C. 120. The Federal contribution for P&A
activities shall not exceed 13 percent of the
total funds the State receives under 23 U.S.C.
402. In accordance with 23 U.S.C. 120(i), the
Federal share payable for projects in the
U.S. Virgin Islands, Guam, American Samoa
and the Commonwealth of the Northern Mariana Islands shall be 100 percent. The Indian
country, as defined by 23 U.S.C. 402(h), is exempt from these provisions. NHTSA funds
shall be used only to finance P&A activities
attributable to NHTSA programs.
(B) TERMS.
Direct costs are those costs identified specifically with a particular planning and administration activity or project. The salary
of an accountant on the State Highway Safety Agency staff is an example of a direct cost
attributable to P&A. The salary of a DWI
(Driving While Intoxicated) enforcement officer is an example of direct cost attributable to a project.
Indirect costs are those costs (1) incurred
for a common or joint purpose benefiting
more than one cost objective within a governmental unit and (2) not readily assignable
to the project specifically benefited. For example, centralized support services such as
personnel, procurement, and budgeting
would be indirect costs.
Planning and administration (P&A) costs are
those direct and indirect costs that are attributable to the management of the Highway Safety Agency. Such costs could include
salaries, related personnel benefits, travel
expenses, and rental costs specific to the
Highway Safety Agency.
Program management costs are those costs
attributable to a program area (e.g., salary
and travel expenses of an impaired driving
program manager/coordinator of a State
Highway Safety Agency).
(C) PROCEDURES. (1) P&A activities and related costs shall be described in the P&A
module of the State’s Highway Safety Plan.
The State’s matching share shall be determined on the basis of the total P&A costs in
the module. Federal participation shall not
exceed 50 percent (or the applicable sliding
scale) of the total P&A costs. A State shall
not use NHTSA funds to pay more than 50
percent of the P&A costs attributable to
NHTSA programs. In addition, the Federal
contribution for P&A activities shall not exceed 13 percent of the total funds in the
State received under 23 U.S.C. 402 each fiscal
year.
(2) A State at its option may allocate salary and related costs of State highway safety agency employees to one of the following:

Pt. 1327

(i) P&A;
(ii) Program management of one or more
program areas contained in the HSP; or
(iii) Combination of P&A activities and the
program management activities in one or
more program areas.
(3) If an employee works solely performing
P&A activities, the total salary and related
costs may be programmed to P&A. If the employee works performing program management activities in one or more program
areas, the total salary and related costs may
be charged directly to the appropriate
area(s). If an employee is working time on a
combination of P&A and program management activities, the total salary and related
costs may be charged to P&A and the appropriate program area(s) based on the actual
time worked under each area(s). If the State
Highway Safety Agency elects to allocate
costs based on actual time spent on an activity, the State Highway Safety Agency must
keep accurate time records showing the
work activities for each employee.

PARTS 1301–1313 [RESERVED]
PART
1327—PROCEDURES
FOR
PARTICIPATING IN AND RECEIVING INFORMATION FROM THE
NATIONAL
DRIVER
REGISTER
PROBLEM DRIVER POINTER SYSTEM
Sec.
1327.1 Scope.
1327.2 Purpose.
1327.3 Definitions.
1327.4 Certification, termination and reinstatement procedures.
1327.5 Conditions for becoming a participating State.
1327.6 Conditions and procedures for other
authorized users of the NDR.
1327.7 Procedures for NDR information requests.
APPENDIX A TO PART 1327—ABRIDGED LISTING
OF THE AMERICAN ASSOCIATION OF MOTOR
VEHICLE ADMINISTRATORS VIOLATIONS EXCHANGE CODE, USED BY THE NDR FOR RECORDING DRIVER LICENSE DENIALS, WITHDRAWALS, AND CONVICTIONS OF MOTOR VEHICLE-RELATED OFFENSES
APPENDIX B TO PART 1327—OMB CLEARANCE
AUTHORITY: Pub.L. 97–364, 96 Stat. 1740, as
amended (49 U.S.C. 30301 et seq.); delegation
of authority at 49 CFR 1.50.
SOURCE: 56 FR 41403, Aug. 20, 1991, unless
otherwise noted.

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