State Graduated Driver Licensing Incentive Grant
State Graduated Driver Licensing Incentive Grant
Ronald L. Medford
National Highway Traffic Safety Administration
October 5, 2012
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24640]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1200
[Docket No. NHTSA-2012-0137]
State Graduated Driver Licensing Incentive Grant
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: This NPRM seeks public comment on the minimum qualification
criteria for the State Graduated Driver Licensing (GDL) Incentive Grant
program authorized under the Moving Ahead for Progress in the 21st
Century Act (MAP-21). MAP-21 authorizes grants for States that
implement multi-stage licensing systems that require novice drivers
younger than 21 years of age to comply with the requirements and
process set forth below before receiving an unrestricted driver's
license. NHTSA will consider comments in developing a rule implementing
the GDL requirements under MAP-21.
DATES: Written comments may be submitted to NHTSA and must be received
on or before October 25, 2012.
ADDRESSES: Written comments to NHTSA may be submitted using any one of
the following methods:
Mail: Send comments to: Docket Management Facility, M-30,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590.
Fax: Written comments may be faxed to (202) 493-2251.
Internet: To submit comments electronically, go to the US
Government regulations Web site at http://www.regulations.gov. Follow
the online instructions for submitting comments.
Hand Delivery: If you plan to submit written comments by
hand or courier, please do so at 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC, between 9 a.m.
and 5 p.m., Eastern Time, Monday through Friday, except Federal
Whichever way you submit your comments, please remember to identify
the docket number of this document within your correspondence. The
docket may be accessed via telephone at (202) 366-9324.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading in the ``Supplementary Information'' section of
this document. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
Privacy Act: Please see the Privacy Act heading under Rulemaking
Analyses and Notices.
Docket: All documents in the dockets are listed in the http://www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC. The Docket Management Facility is
open between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
For Program Issues: Dr. Mary D. Gunnels, Associate Administrator,
Regional Operations and Program Delivery, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE., NTI-200, Washington,
DC 20590. Telephone: (202) 366-2121. Email: Maggi.Gunnels@dot.gov.
For Legal Issues: Mr. Russell Krupen, Attorney-Advisor, Office of
the Chief Counsel, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., NCC-113, Washington, DC 20590. Telephone: (202)
366-1834. Email: Russell.Krupen@dot.gov.
On July 6, 2012, the Moving Ahead for Progress in the 21st Century
Act (MAP-21) was enacted into law (Pub. L. 112-141). Section 31105 of
MAP-21 amended 23 U.S.C. 405 to consolidate several grant programs to
address national priorities for reducing highway deaths and injuries.
MAP-21 also created new grant programs under Section 405, including one
for states that adopt and implement graduated driver's licensing (GDL)
All 50 states have enacted GDL laws as a means of providing a safe
transition for novice drivers to the driving task. A GDL system
generally consists of a multi-staged process for issuing driver's
licenses to young, novice drivers. During the first stage, the
applicant generally is issued a learner's permit and may operate a
motor vehicle only while under the supervision of a licensed driver
over the age of 21. During the second stage, the applicant is issued an
intermediate (also called a provisional or restricted) license and may
operate a motor vehicle without a supervising adult, but only under
certain conditions. Additional restrictions also generally apply during
these first two stages. Once drivers meet all of the conditions and
restrictions of the first two stages, they can then earn an
unrestricted driver's license. Some of the significant benefits of GDL
systems are that young drivers are able to gain valuable driving
experience under controlled circumstances, and they must demonstrate
responsible driving behavior and proficiency to move through each level
of the system before graduating to the next.
States have various approaches to the requirements and restrictions
associated with each GDL stage. Although evaluations clearly show the
benefits of adopting GDL laws, these benefits vary greatly across
states depending upon the approaches taken. A NHTSA-supported study by
Johns Hopkins University, released in June 2006, found that States that
have comprehensive GDL programs had a 20-percent reduction in fatal
crashes involving 16-year-old drivers. A recent study by the Insurance
Institute for Highway Safety ranked States by the
strength of their GDL laws and found that strong GDL programs were
associated with 30 percent lower fatal crash rates among 15-17 year-
olds compared to weak licensing programs. NHTSA publishes research and
information on teen driver safety, including the benefits of GDL
systems, on its Web site at http://www.nhtsa.gov/Driving+Safety/
Under a previous authorization, enacted in 1998, Congress expanded
the criteria that States could use to satisfy the requirements for an
alcohol-impaired driving prevention program incentive grant to include
the adoption of a GDL system. See Public Law 105-178, Sec. 2004 (The
Transportation Equity Act for the 21st Century [TEA-21]) (formerly
codified at 23 U.S.C. 410). The agency issued an interim final rule
implementing these provisions on December 29, 1998, 63 FR 71688, and a
final rule on July 28, 2000, 65 FR 46344. In 2005, Section 2007 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (Pub. L. 109-59) eliminated the GDL
system criterion, and MAP-21 repealed the Section 410 program as it
consolidated the various grants into the Section 405 program.
MAP-21 reintroduces an incentive for States to implement GDL
systems by authorizing a grant program under the amended Section 405
program. The statute sets forth minimum qualification criteria,
permitted exceptions, grant allocation requirements, and limitations on
the use of grant funds that are awarded. The fifty 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 a GDL grant. In setting forth the minimum
qualification criteria for the GDL grant, MAP-21 is very prescriptive;
few, if any, potential applicants currently meet all of the minimum
qualification criteria prescribed by MAP-21. This NPRM describes the
basic structure of the MAP-21 GDL Incentive Grant and seeks public
comment to assist the agency in promulgating a rule implementing those
minimum qualification criteria.
II. Minimum Qualification Criteria
MAP-21 specifies a ``2-stage licensing process'' for a qualifying
GDL program. Specifically, in order to receive an incentive grant, a
State's driver's license law must require novice drivers younger than
21 years of age to comply with a ``learner's permit stage'' and an
``intermediate stage'' before receiving an unrestricted driver's
MAP-21 requires that the State GDL system begin with a learner's
permit stage that is at least six months in duration and remains in
effect until the driver reaches 16 years of age and enters the
intermediate stage or reaches 18 years of age. The learner's permit
stage must prohibit the driver from using a cellular telephone or any
communications device in a non-emergency situation.
Under MAP-21, the State GDL system must include an intermediate
stage that commences immediately after the expiration of the learner's
permit stage, is at least six months in duration, and remains in effect
until the driver reaches 18 years of age. The intermediate stage must
restrict driving at night and prohibit the driver from operating a
motor vehicle with more than 1 non-familial passenger younger than 21
years of age unless a licensed driver who is at least 21 years of age
is in the motor vehicle. Finally, as with the learner's permit stage,
the intermediate stage must prohibit the driver from using a cellular
telephone or any communications device in a non-emergency situation.
MAP-21 allows the agency to prescribe additional requirements
beyond those described above for GDL systems. In allowing this
discretion, the statute identifies the following criteria for
consideration: During the learner's permit stage, requiring (1) at
least 40 hours of behind-the-wheel training with a licensed driver who
is at least 21 years of age, (2) a driver training course, and (3) the
driver to be accompanied and supervised by a licensed driver who is at
least 21 years of age at all times while such driver is operating a
motor vehicle; During the learner's permit and intermediate stages, in
addition to any other penalties imposed by State law, an automatic
delay in the grant of an unrestricted driver's license for any
individual who, during either of those stages, is convicted of a
driving-related offense, including driving while intoxicated,
misrepresentation of his or her true age, reckless driving, driving
without wearing a seat belt, speeding, and any other driving-related
offense as determined by the Agency.
MAP-21 requires NHTSA to promulgate regulations necessary to
implement the minimum qualification criteria for the GDL program in
accordance with the notice and comment provisions under 5 U.S.C. 553.
Accordingly, this notice seeks public comment on the minimum
qualification criteria set forth above. For example, should the agency
adopt all or only some of the additional criteria identified in MAP-21?
Are there any further criteria that should be adopted? Commenters are
directed to the MAP-21 amendments to 23 U.S.C. 405 (specifically, new
section 405(g)(2)), set forth in section 31105 of MAP-21, for the full
text of these qualification criteria. NHTSA will consider all timely
comments in developing a rule implementing the GDL requirements under
III. Public Participation
MAP-21 requires NHTSA to implement regulations creating a single
application process for both the Section 405 grant applications and
applications for Highway Safety Grants under 23 U.S.C. 402, to be
included in the State Highway Safety Plan that is used currently by the
States to apply for the Section 402 grants, and further establishes a
single deadline for such applications to enable the award of grants
early in the fiscal year (FY). NHTSA intends to issue regulations as
expeditiously as possible to provide sufficient lead time for States to
develop and submit applications and receive FY 2013 grant funds as
early as practicable in that fiscal year, as well as provide lead time
for FY 2014 grant applications, which are due on July 1, 2013, as
specified by MAP-21. Because of these deadlines, NHTSA is operating
under an aggressive schedule to issue the new regulations required by
NHTSA plans to consider all public comments on the GDL criteria
timely received under this notice in the course of implementing the GDL
requirements under MAP-21. The agency plans to combine, in one rule,
the GDL requirements that are the subject of today's notice with the
MAP-21 requirements for the Section 402 program grants and the other
Section 405 program grants. In that rule, NHTSA will also address the
application process, qualification criteria, and use of grant funds by
the States, as well as any other relevant requirements and information
for the implementation of the new grant programs. In order to ensure
that NHTSA has adequate time to take into account all comments
submitted in response to this NPRM and to issue a rule that provides
the States sufficient lead time to prepare applications for all grants
under MAP-21, NHTSA has limited the comment period for today's notice
to 20 days. (See DATES section.)
A. How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the
Docket, please include the docket number of this document in your
comments. Your comments must not be more than 15 pages long. (See 49
CFR Sec. 553.21.) We established this limit to encourage you to write
your primary comments in a concise fashion. However, you may attach
necessary additional documents to your primary comments. There is no
limit on the length of the attachments.
Please submit your comments, including the attachments, to Docket
Management by any of the methods given above under ADDRESSES.
If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy certain portions of your submissions. Optical character
recognition (OCR) is the process of converting an image of text, such
as a scanned paper document or electronic fax file, into computer-
B. How can I be sure my comments were received?
If you submit your comments by mail and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope containing your comments. Upon
receiving your comments, Docket Management will return the postcard by
C. Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If a comment
is received too late for us to consider in developing a final rule
(assuming that one is issued), we will consider that comment as an
informal suggestion for future rulemaking action.
D. How can I read the comments submitted by other people?
You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays. Some people may submit late comments.
Accordingly, we recommend that you periodically check the docket for
IV. Statutory Basis for This Action
The agency's proposal would implement the State GDL Incentive Grant
program created by section 31105 of the Moving Ahead for Progress in
the 21st Century Act (Pub. L. 112-141), which requires the Department
of Transportation to issue implementing regulations for national
priority safety programs, including the State GDL Incentive Grant
V. Regulatory Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures
The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This rulemaking was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action has also been determined
to be not significant under the Department's regulatory policies and
procedures. (44 FR 11034; February 26, 1979).
Today's NPRM only seeks public comment on the minimum qualification
criteria for the State Graduated Driver Licensing Incentive Grant
program authorized under MAP-21. NHTSA will consider any comments it
receives as it develops a rule that combines the GDL requirements that
are the subject of today's notice with the MAP-21 requirements for the
Section 402 and Section 405 grant programs. The minimum qualification
criteria addressed in this rule affect only the State GDL Incentive
Grant program, and the funds to be distributed under that program total
no more than $13.25 million in fiscal year 2013 and $13.6 million in
fiscal year 2014.
The agency concludes that the impacts of this proposed action are
so minimal that preparation of a full regulatory evaluation is not
required. However, the agency does expect safety benefits resulting
from the implementation of conforming GDL systems by States.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small businesses, small organizations, and small
governmental jurisdictions. Section 605 of the RFA allows an agency to
certify a rule, in lieu of preparing an analysis, if the proposed
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities. The Small Business Regulatory
Enforcement Fairness Act (SBREFA) amended the RFA to require Federal
agencies to provide a statement of the factual basis for certifying
that an action would not have a significant economic impact on a
substantial number of small entities.
This NPRM is for a rulemaking that will implement a new grant
program enacted by Congress in MAP-21. Under this new Federal program,
States will receive grant funds if they adopt compliant GDL systems.
This program will affect only State governments, which are not
considered to be small entities as that term is defined by the RFA.
Therefore, I certify that this action will not have a significant
impact on a substantial number of small entities and find that the
preparation of a Regulatory Flexibility Analysis is unnecessary.
C. Executive Order 13132 (Federalism)
Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' 64 FR 43255 (August 10, 1999). ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, an agency
may not issue a regulation with Federalism implications that imposes
substantial direct compliance costs and that is not required by statute
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by State and local governments or the
agency consults with State and local governments in the process of
developing the proposed regulation. An agency also may not issue a
regulation with Federalism implications that preempts a State law
without consulting with State and local officials.
The agency has analyzed this rulemaking action in accordance with
the principles and criteria set forth in Executive Order 13132, and has
determined that this proposed rule would not have sufficient Federalism
implications as defined in the order to warrant formal consultation
with State and local officials or the preparation of a federalism
summary impact statement. However, NHTSA continues to engage with state
representatives regarding general implementation of MAP-21, including
this grant program, and expects to continue these informal dialogues in
connection with the forthcoming consolidated grant regulations mandated
D. Executive Order 12988 (Civil Justice Reform)
Pursuant to Executive Order 12988 (61 FR 4729 (February 7, 1996)),
``Civil Justice Reform,'' the agency has considered whether this
proposed rule would have any retroactive effect. I conclude that it
would not have any retroactive or preemptive effect, and judicial
review of it may be obtained pursuant to 5 U.S.C. 702. That section
does not require that a petition for reconsideration be filed prior to
seeking judicial review. This action meets applicable standards in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, as implemented by the
Office of Management and Budget (OMB) in 5 CFR part 1320, a person is
not required to respond to a collection of information by a Federal
agency unless the collection displays a valid OMB control number. This
action does not contain a collection of information requirement for
purposes of the Paperwork Reduction Act. Although MAP-21 requires the
submission of applications for the State GDL Incentive Grant, the
application procedures will be addressed in a subsequent and separate
rulemaking action. This NPRM only solicits public comment on minimum
grant qualification criteria.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in expenditures by State, local or tribal governments,
in the aggregate, or by the private sector, of more than $100 million
annually (adjusted annually for inflation with base year of 1995). This
proposal would not meet the definition of a Federal mandate because the
resulting annual State expenditures would not exceed the minimum
threshold. The program is voluntary and States that choose to apply and
qualify would receive grant funds.
G. National Environmental Policy Act
NHTSA has considered the impacts of this rulemaking action for the
purposes of the National Environmental Policy Act. The agency has
determined that this proposal would not have a significant impact on
the quality of the human environment.
H. Executive Order 13175 (Consultation and Coordination With Indian
The agency has analyzed this proposal under Executive Order 13175,
and has determined that the proposed action would not have a
substantial direct effect on one or more Indian tribes, would not
impose substantial direct compliance costs on Indian tribal
governments, and would not preempt tribal law. Therefore, a tribal
summary impact statement is not required.
I. Regulatory Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in or about April and October of each
year. You may use the RIN contained in the heading at the beginning of
this document to find this action in the Unified Agenda.
J. Privacy Act
Please note that anyone is able to search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov.
Authority: Pub. L. 112-141, Section 31105; 23 U.S.C. 405(g) (as
set forth in MAP-21); delegation of authority at 49 CFR Sec. Sec.
1.94 and 1.95.
Issued On: October 1, 2012.
Deputy Administrator, National Highway Traffic Safety Administration.
[FR Doc. 2012-24640 Filed 10-4-12; 8:45 am]
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