Products Liability Law Daily Wrap Up, FINAL RULES—MOTOR VEHICLES—NHTSA final rule streamlines reporting requirements for state highway safety grant programs, (Jun 11, 2026)

By WK Editorial Staff

The rule removes the “public participation and engagement” requirement from the triennial Highway Safety Plan.

The National Highway Traffic Safety Administration (NHTSA) issued a final rule revising documentation requirements for public participation and engagement (PP&E) in the state highway safety grant programs. The rule removes the PP&E requirement from the triennial Highway Safety Plan (HSP) but retains it in the Annual Report narrative. The rule takes effect on July 13, 2026 (NHTSA Final rule, 91 Fed. Reg. 35391 (June 11, 2026)).

Background. NHTSA initially implemented the PP&E requirement through a 2023 final rule, which required states that receive highway safety grants to submit a triennial HSP that included a detailed plan for PP&E activities and outcomes. This requirement stemmed from the Infrastructure Investment and Jobs Act, which mandates that the grants result from meaningful engagement with communities most affected by traffic crashes. States began implementing the requirement in Federal Fiscal Year 2024 and have largely completed it for the current triennial grant cycle.

After receiving feedback from state agencies and the Governors Highway Safety Association, and based on its own experience, NHTSA identified burdens associated with existing documentation requirements. In 2025, the agency proposed a rule to eliminate the PP&E requirement in the HSP, while retaining a requirement to report PP&E activities in the Annual Report.

Final rule. The final rule adopts the proposed changes. It removes 23 C.F.R. §1300.11(b)(2), which required a PP&E documentation section in the triennial HSP. Commenters broadly supported removing the triennial HSP requirement, citing reduced administrative burden and redundancy with existing annual reporting. Some commenters emphasized maintaining transparency and consistency, while others indicated that the change would allow greater focus on implementing safety programs.

Annual Report. In the Annual Report, states must provide a high-level summary describing the PP&E activities conducted during the reporting period and explain how those efforts informed projects implemented under highway safety countermeasure strategies. The agency determined that this narrative approach provides sufficient information to assess compliance with statutory requirements while avoiding the need for more detailed or duplicative documentation.

NHTSA concluded that maintaining a narrative reporting requirement in the Annual Report strikes a balance between oversight and administrative efficiency. The agency noted that more detailed documentation requirements could create confusion regarding acceptable evidence of compliance and complicate oversight reviews.

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