Products Liability Law Daily Wrap Up, NOTICES—MOTOR VEHICLES—NHTSA seeks comments on information collection relating to state highway safety grant programs, (Feb 9, 2021)

By Susan Engstrom

Data submitted by states will assist subject matter experts in recommending improvements to occupant protection and traffic safety information systems.

The National Highway Traffic Safety Administration (NHTSA) is inviting public comment on its intention to request approval from the Office of Management and Budget (OMB) for an extension of a previously approved information collection entitled "Uniform Procedures for State Highway Safety Grant Programs." Comments must be submitted by April 12, 2021 (NHTSA Notice, 86 FR 8832, February 9, 2021).

Background. The Fixing America's Surface Transportation Act (FAST), Public Law 114-94, authorizes NHTSA to issue highway safety grants to states under Chapter 4 of Title 23, U.S.C. Specifically, these grant programs include the Highway Safety Program grants (23 U.S.C. 402 or Section 402), the National Priority Safety Program grants (23 U.S.C. 405 or Section 405), and a separate grant on racial profiling data collection contained in a previous authorization that was revised and restored under the FAST Act (Pub. L. 109-59, Section 1906, as amended by Section 4011, Pub. L. 114-94).

For all of these grants, as directed in the statute, NHTSA uses a consolidated application process that relies on the Highway Safety Plan (HSP) states submit under the Section 402 program as a single application. The information required to be submitted for these grants includes the HSP, consisting of information on the highway safety planning process; performance report; performance plan; problem identification; highway safety countermeasure strategies; projects and funding amounts; certifications and assurances; and application materials that cover Section 405 grants and the reauthorized Section 1906 grant. States also must submit an annual report evaluating their progress in achieving performance targets. In addition, as part of the statutory criteria for Section 405 grants covering the areas of occupant protection, traffic safety information system improvement, and impaired driving countermeasures, states may be required to receive assessments of their state programs in order to receive a grant. States must provide information and respond to questions as part of the assessment process.

Consistent with the statute, NHTSA has implemented a final rule that creates uniform procedures for states to apply for grant funds (83 FR 3466, January 25, 2018). These procedures specify the information that is required to be submitted to receive a grant and the type of information required to verify performance under the grants.

In addition to the above requirements, states may request assessments at their discretion. NHTSA uses two different assessment approaches based on the traffic safety area covered. For occupant protection and impaired driving, assessments are based on the agency’s Uniform Guidelines for State Highway Safety Programs, which are required by Congress and periodically updated through a process that seeks public comment. State programs are assessed against these uniform guidelines by a team of subject matter experts. The assessment team produces a final report with recommendations on how the state can improve the effectiveness of its program. As part of the process, states provide written materials in response to requests from the assessment team and participate in a comprehensive interview process.

For traffic safety information systems, states respond to questions based on NHTSA's Traffic Records Program Assessment Advisory (DOT HS 812 601), which describes an ideal traffic records system. The questions cover nine topical areas and examine how well a state plans, collects, manages, and integrates information from several state traffic records systems. Responses are evaluated by subject matter experts, and a final report is provided to the state with recommendations for improvement.

Information collection. As previously noted, the statute provides that the HSP is the application for grants each fiscal year. The information in the HSP is necessary to determine whether a state satisfies the federal criteria for grant awards. The annual report tracks progress in achieving the aims of the grant program. The information is necessary to verify performance under the grants and to provide a basis for improvement. As specified in the statute, states may be required to receive an assessment of certain covered programs. The information provided by a state allows subject matter experts to provide recommendations for the purpose of improving the covered areas.

This collection impacts 57 entities that are eligible to apply for grants under the NHTSA Highway Grant Program (the 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, and the Bureau of Indian Affairs on behalf of the Indian Country). The collection also impacts the subject matter experts and administrative assistants who are involved in assessments for the grant program. These subject matter experts are recruited by the agency based on recommendations of the NHTSA Regional Offices and the State Highway Safety Offices.

According to NHTSA, there are 57 potential state respondents to this data collection. The agency also estimates approximately 260 assessor respondents per year. The number of total annual burden hours is estimated to be 40,666 hours, and the estimated total annual burden cost has been projected at $422,500.

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