Rule2025-13244
Technical Amendment to the Uniform Procedures for State Highway Safety Grant Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2025
Effective
July 15, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This final rule makes technical amendments to the Uniform Procedures for State Highway Safety Grant Programs to remove references to rescinded Executive Orders.
Full Text
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<title>Federal Register, Volume 90 Issue 133 (Tuesday, July 15, 2025)</title>
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[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Rules and Regulations]
[Pages 31590-31593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13244]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1300
RIN 2127-AM81
Technical Amendment to the Uniform Procedures for State Highway
Safety Grant Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule makes technical amendments to the Uniform
Procedures for State Highway Safety Grant Programs to remove references
to rescinded Executive Orders.
DATES: This final rule is effective on July 15, 2025.
ADDRESSES: This document may be viewed online through the Federal
eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a> using the RIN number listed
above. Electronic retrieval help and guidelines are available on the
website. An electronic copy of this document may be downloaded by
accessing the Office of the Federal Register's website at:
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the U.S. Government Publishing Office's
website at: <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Program issues: Barbara Sauers, Associate Administrator, Regional
Operations and Program Delivery, National Highway Traffic Safety
Administration; Email: <a href="/cdn-cgi/l/email-protection#e587849787849784cb968490809796a5818a91cb828a93"><span class="__cf_email__" data-cfemail="2f4d4e5d4d4e5d4e015c4e5a4a5d5c6f4b405b01484059">[email protected]</span></a>; Phone: (202) 366-1810.
Legal issues: Megan Brown, Attorney-Advisor, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590; Email: <a href="/cdn-cgi/l/email-protection#bdd0d8dadcd393dfcfd2cad3fdd9d2c993dad2cb"><span class="__cf_email__" data-cfemail="2a474f4d4b44044858455d446a4e455e044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Technical Amendments
III. Waiver of Notice and Comment
IV. Regulatory Analyses and Notices
[[Page 31591]]
I. Background
On February 6, 2023, NHTSA published in the Federal Register a
final rule titled Uniform Procedures for State Highway Safety Grant
Programs. 88 FR 7780 (Feb. 6, 2023).\1\ NHTSA promulgated this final
rule in accordance with the Infrastructure Investment and Jobs Act
(IIJA), signed into law on November 15, 2021 (Pub. L. 117-58, Sec.
24102 and 24105).
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\1\ Codified, with amendments, at 23 CFR part 1300.
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In recent months, several prior Executive Orders have been
rescinded. As a result of these rescissions, the following Executive
Orders, among others, are no longer in effect: Executive Order 12898
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations), Executive Order 13166
(Improving Access to Services for Persons with Limited English
Proficiency), Executive Order 13985 (Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government),
and Executive Order 13988 (Preventing and Combating Discrimination on
the Basis of Gender Identity or Sexual Orientation).
As a condition for receiving formula grant funding under Section
402, State offices of highway safety must sign a certification and
assurances document that includes provisions covering many required
areas such as Drug-Free Workplace, as well as Hatch Act and State
Lobbying restrictions. This document also includes a section on
nondiscrimination that references the four rescinded Executive Orders
(EOs) identified in the previous paragraph.
In addition, NHTSA's highway safety grant rule provides regulatory
definitions of certain terms used in statute. Relevant to this final
rule, 23 U.S.C. 405(b)(4)(A)(v) allows States to use Section 405
occupant protection grant funds to implement programs related to child
passenger safety for low-income and underserved populations. NHTSA
derived the definition for ``underserved populations'' in part from the
now-rescinded Executive Order 13985.\2\ During that rulemaking process,
NHTSA received two comments related to the definition for ``underserved
populations.
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\2\ See 87 FR 56756, 56762 (Sept. 15, 2022).
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II. Technical Amendments
In this rule, NHTSA makes technical amendments to remove the
references to the now rescinded Executive Orders from the
certifications and assurances in Appendix A of NHTSA's Uniform
Procedures for State Highway Safety Grant Programs.
In addition, NHTSA removes the definition for ``low-income and
underserved populations'' in 23 CFR 1300.21(b). NHTSA also removes the
definition for ``underserved populations'' in 23 CFR 1300.3; the
inclusion of this definition, which is duplicative of the more specific
definition in 23 CFR 1300.21(b), was a drafting error. With the removal
of those definitions, States are not required to change how they
identify underserved populations, and will continue to have flexibility
to identify the underserved populations within their jurisdiction based
on their own data and problem identification.
This rule will become effective on July 15, 2025 and will apply to
State highway safety grants awarded beginning in fiscal year 2026.
III. Waiver of Notice and Comment
NHTSA concludes that it has good cause to issue without notice and
comment this technical amendment under 5 U.S.C. 553(b)(B). 5 U.S.C.
553(b)(B) provides that when an agency, for good cause, finds that
notice and public comment are impractical, unnecessary, or contrary to
the public interest, the agency may issue a final rule without
providing notice and an opportunity for public comment.
NHTSA makes this technical amendment consistent with the rescission
of Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations), Executive
Order 13166 (Improving Access to Services for Persons with Limited
English Proficiency), Executive Order 13985 (Advancing Racial Equity
and Support for Underserved Communities Through the Federal
Government), and Executive Order 13988 (Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation).
NHTSA has no discretion to continue to require certification of
compliance with these rescinded Executive Orders. By issuing this
technical amendment, NHTSA establishes consistency with the status of
these Executive Orders. In addition, NHTSA removes two definitions of
``underserved population'' because the definitions were derived in part
from rescinded Executive Order 13985. Removal of these definitions does
not require changes to States' current identification of these
populations, but as stated elsewhere in the preamble, will enable
States to identify the underserved populations within their
jurisdiction based on their own data and problem identification. For
these reasons, NHTSA has determined that providing prior notice and an
opportunity for public comment is unnecessary and contrary to the
public interest.
III. Regulatory Analyses and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review)
NHTSA has considered the impact of this rulemaking action under
E.O. 12866.\3\ This rulemaking does not meet the criteria of a
``significant regulatory action'' under the Executive Order. Therefore,
the Office of Management and Budget (OMB) has not reviewed this rule
under that E.O.
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\3\ Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
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B. Executive Order (E.O.) 14192 (Unleashing Prosperity Through
Deregulation)
This rulemaking is an E.O. 14192 \4\ deregulatory action and will
have a de minimis reduction in State administrative burden. The updated
legal citations in the required certifications and assurances document
should incrementally lessen State legal review efforts. Removal of the
definitions relating to underserved populations will streamline State
identification of those populations by allowing States to use the
definition that best meet their specific data and problem
identification.
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\4\ Unleashing Prosperity through Deregulation, 90 FR 9065 (Feb.
6, 2025).
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C. 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. Whenever an agency is required by 5 U.S.C.
553, or any other law, to publish general notice of proposed rulemaking
for any proposed rule, the agency must conduct and publish for public
comment a regulatory flexibility analysis. Because NHTSA is not
required to publish a proposed rulemaking for this action, an analysis
under the RFA is not required.
NHTSA notes, however, that this action makes a limited revision to
the uniform procedures implementing State highway safety grant
programs, which were determined previously not to have a significant
impact on a substantial number of small entities. The grant programs
impacted by this rule will affect State governments, which are not
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considered to be small entities as that term is defined by the RFA.
D. 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 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 the State and local government 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.
NHTSA analyzed this rulemaking action in accordance with the
principles and criteria set forth in Executive Order 13132. The limited
revisions made in this rulemaking do not increase administrative burden
for State recipients. Therefore, NHTSA determines that this technical
amendment would not have sufficient federalism implications as defined
in the Order to warrant formal consultation with State and local
officials or preparation of a federalism summary impact statement.
E. 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 rule
would have any retroactive effect. The rule would not have any
retroactive or preemptive effect, and judicial review 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.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid Office of Management and Budget
(OMB) control number. The OMB Control Number for this information
collection is 2127-0760. While this action may result in de minimis
reduction to State administrative burden, NHTSA does not project that
this action will generate appreciable savings.
G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act (UMRA) 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 the
base year of 1995). This rulemaking would not result in annual State
expenditures exceeding the minimum threshold. Further, this rulemaking
action updates government-wide legal conditions for NHTSA's State
highway safety grant program, a voluntary program, and States that
choose to apply and qualify would receive grant funds.
H. National Environmental Policy Act
NHTSA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1D, NHTSA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``Planning and
administrative activities not involving or leading directly to
construction, such as: Training, technical assistance and research;
promulgation of rules, regulations, directives, or program guidance;
approval of project concepts; engineering; and operating assistance to
transit authorities to continue existing service or increase service to
meet routine demand.'' This rulemaking is not anticipated to result in
any environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribes)
Executive Order 13175 (65 FR 67249, Nov. 9, 2000) requires Federal
agencies to consult and coordinate with Tribes on a government-to-
government basis on policies that have Tribal implications, including
regulations, legislative comments or proposed legislation, and other
policy statements or actions that have substantial direct effects on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
NHTSA has assessed the impact of this rule on Indian tribes and
determined that this action would not have tribal implications that
require consultation under Executive Order 13175.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule
to each House of the Congress and to the Comptroller General of the
United States. NHTSA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this rule in the Federal Register. Because this rule
does not meet the criteria in 5 U.S.C. 804(2) for a major rule, it will
be effective upon publication in the Federal Register.
K. Regulation 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 twice 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.
L. 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.). For
information on DOT's compliance with the Privacy Act, please visit
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
List of Subjects in 23 CFR Part 1300
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Grant programs--transportation, Highway safety, Intergovernmental
relations, Motor vehicles--motorcycles,
[[Page 31593]]
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, under the authority of 23
U.S.C. 401 et seq., the National Highway Traffic Safety Administration
amends 23 CFR part 1300 as follows:
PART 1300--UNIFORM PROCEDURES FOR STATE HIGHWAY SAFETY GRANT
PROGRAMS
0
1. The authority citation for part 1300 continues to read as follows:
Authority: 23 U.S.C. 402; 23 U.S.C. 405; Sec. 1906, Pub. L. 109-
59, 119 Stat. 1468, as amended by Sec. 25024, Pub. L. 117-58, 135
Stat. 879; delegation of authority at 49 CFR 1.95.
Subpart A--General
Sec. 1300.3 [Amended]
0
2. Amend Sec. 1300.3 by removing the definition of ``Underserved
populations''.
Subpart C--National Priority Safety Program and Racial Profiling
Data Collection Grants
Sec. 1300.21 [Amended]
0
3. Amend Sec. 1300.21(b) by removing the definition of ``Low-income
and underserved populations''.
Appendix A to Part 1300--[Amended]
0
4. Amend appendix A to part 1300 under the undesignated heading
``Nondiscrimination (Applies to Subrecipients as Well as States)'' by
removing the entries for ``Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations'', ``Executive Order 13166, Improving Access to Services
for Persons with Limited English Proficiency'', ``Executive Order
13985, Advancing Racial Equity and Support for Underserved Communities
through the Federal Government'', and ``Executive Order 13988,
Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation''.
Issued in Washington, DC, under authority delegated in 49 CFR
1.81 and 1.95 and 49 CFR 501.4 and 501.5.
Peter Simshauser,
Chief Counsel.
[FR Doc. 2025-13244 Filed 7-14-25; 8:45 am]
BILLING CODE 4910-59-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.