Products Liability Law Daily Wrap Up, PROPOSED RULES—MOTOR VEHICLES—NHTSA proposes rule to streamline reporting requirements for state highway safety grant programs, (Sep 19, 2025)

By WK Editorial Staff

The measure would remove the statutory “public participation and engagement” requirement from the triennial Highway Safety Plan.

The National Highway Traffic Safety Administration (NHTSA) has issued a proposed rule to revise documentation requirements for state highway safety grant programs. The agency seeks to reduce administrative burdens on states by eliminating certain public participation and engagement (PP&E) reporting requirements from the triennial Highway Safety Plan (HSP). Comments are due by October 20, 2025 (NHTSA Notice of proposed rulemaking, 90 Fed. Reg. 45164 (Sept. 19, 2025)).

Background. Under current regulations, states receiving highway safety grants must submit a triennial HSP that includes a detailed plan for PP&E activities and outcomes. This requirement stems from the Infrastructure Investment and Jobs Act (IIJA), which mandates that state programs result from meaningful engagement with communities most affected by traffic crashes. NHTSA implemented this requirement in a final rule published in February 2023.

Proposed rule. The proposed rule would remove 23 C.F.R. §1300.11(b)(2), which outlines PP&E requirements for the triennial HSP. NHTSA explained that although the early planning checks were intended to ensure compliance, they have provided limited oversight value and imposed unnecessary burdens. Instead, the agency proposes to retain PP&E reporting in the Annual Report, which requires states to describe how engagement efforts informed implemented projects.

In response to a Department of Transportation information request published in May 2025, the Governors Highway Safety Association (GHSA) expressed concerns about the complexity of current PP&E requirements. GHSA recommended simplifying the process by allowing states to certify compliance through the annual Certifications and Assurances process. NHTSA’s proposal addresses these concerns by offering states greater flexibility while maintaining statutory compliance.

The proposed changes include minor amendments to related regulatory text, such as removing references to PP&E in the definition of the triennial HSP and clarifying language in sections 1300.3, 1300.11, and 1300.13. NHTSA estimates that the revisions would save each of the 57 eligible state and territorial respondents approximately 64 hours of labor per triennial cycle, totaling over $202,000 in cost savings.

RegulatoryActivity: ProposedRules MotorVehiclesNews GCNNews