Rule2026-19403
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
September 23, 2026
Effective
September 23, 2026
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This action amends the uniform procedures implementing the State Highway Safety Grant Program to waive, for fiscal year (FY) 2027, the requirement that targets for the common performance measures be identical to targets in the Federal Highway Administration State Highway Safety Improvement Program.
Full Text
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<title>Federal Register, Volume 91 Issue 183 (Wednesday, September 23, 2026)</title>
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[Federal Register Volume 91, Number 183 (Wednesday, September 23, 2026)]
[Rules and Regulations]
[Pages 60300-60303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19403]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1300
RIN 2127-AN12
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 action amends the uniform procedures implementing the
State Highway Safety Grant Program to waive, for fiscal year (FY) 2027,
the requirement that targets for the common performance measures be
identical to targets in the Federal Highway Administration State
Highway Safety Improvement Program.
DATES: This final rule is effective on September 23, 2026.
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, 1200 New Jersey Avenue SE, Washington, DC 20590; Email:
<a href="/cdn-cgi/l/email-protection#3c5e5d4e5e5d4e5d124f5d49594e4f7c585348125b534a"><span class="__cf_email__" data-cfemail="7b191a09191a091a55081a0e1e09083b1f140f551c140d">[email protected]</span></a>.
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#462b232127286824342931280622293268212930"><span class="__cf_email__" data-cfemail="325f5755535c1c50405d455c72565d461c555d44">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Waiver of Identical Targets for Common Performance Measures
III. Waiver of Notice and Comment
IV. Regulatory Analyses and Notices
I. Background
The National Highway Traffic Safety Administration (NHTSA) State
Highway Safety Grant Program has used a performance-based planning
process for many years. Initially, some States used performance
measures as part of program planning on a voluntary basis. In 2012,
Congress mandated the use of performance measures for all States.\1\
The statute authorizing NHTSA's State Highway Safety Grant Program
currently requires States to submit performance measures in the
triennial Highway Safety Plan (HSP). 23 U.S.C. 402(k)(4)(A). NHTSA's
regulation governing the grant program requires that the targets for
three of the required performance measures--total fatalities, rate of
fatalities, and total serious injuries--be identical to the targets
that States report to the Federal Highway Administration (FHWA) in the
Highway Safety Improvement Program (HSIP) annual report. See 23 CFR
1300.11(b)(3)(ii)(C). In 2021, the ``Infrastructure Investment and Jobs
Act'' (IIJA) \2\ amended the performance measure provisions to require
that all performance targets submitted to NHTSA in the triennial HSP
demonstrate constant or improved performance. 23 U.S.C.
402(k)(4)(A)(ii).
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\1\ Moving Ahead for Progress in the 21st Century Act, Public
Law 112-141, 31102, 126 Stat. 405, 736-737 (July 6, 2012).
\2\ Public Law 117-58, 135 Stat. 429 (Nov. 15, 2021).
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NHTSA published a final rule implementing the Highway Safety Grant
Program under IIJA on February 6, 2023, at 88 FR 7780. The rule
provides direction to States on procedures for meeting the statutory
requirements governing their highway safety grant programs and
applications. In addition to changing performance targets submitted to
NHTSA in an annual HSP to a triennial HSP, the rule implemented the
statutory requirement that States submit constant or improved targets
for the common performance measures and continued the long-standing
regulatory requirement that these targets be identical to the targets
that are reported by the State DOT in the HSIP annual report. See 23
CFR 1300.11(b)(3)(ii)(B).
On June 5, 2023, NHTSA and FHWA issued a rulemaking in which NHTSA
amended the uniform procedures implementing the State Highway Safety
Grant Program to waive, for fiscal year 2024, the requirement that
targets for common performance measures in the triennial HSP be
identical to targets in the HSIP. 88 FR 36472. On January 25, 2024,
FHWA released a notice of proposed rulemaking concerning its
performance measures that addressed and sought comment on this issue.
89 FR 4857. On May 6, 2024, NHTSA and FHWA issued another joint
regulation to address the identical targets requirement. 89 FR 37113.
In that rulemaking, NHTSA amended the requirements for the Annual Grant
Application to provide that States may amend common performance targets
in the years between submission of their triennial HSPs only if
necessary to submit identical performance targets to FHWA. Id.
II. Waiver of Identical Targets for Common Performance Measures
In this rulemaking, in response to stakeholder questions, NHTSA
amends 23 CFR 1300.11 to waive the requirement that the targets for
common performance measures submitted in the State's FY 2027 triennial
HSP be identical to those in the HSIP annual report submitted August
31, 2026. Although this action affords States flexibility to continue
to use non-identical targets for FY 2027, NHTSA encourages State
Highway Safety Offices (HSOs) and State DOTs to continue to collaborate
as they work together to implement a Safe System Approach and reduce
deaths and serious injuries on our roadways.
III. Waiver of Notice and Comment
NHTSA finds good cause to issue, without notice and comment, and to
make effective immediately, this waiver of the requirement for
identical targets, in accordance with 5 U.S.C. 553(b)(B) and 5 U.S.C.
553(d)(3). The Administrative Procedure Act 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 (5 U.S.C. 553(b)(B)). For the same
reason, the rule can become effective immediately (5 U.S.C. 553(d)(3)).
The safety programs of NHTSA and FHWA are governed by different
statutory provisions. IIJA requires States, for purposes of NHTSA's
highway safety grant program, to submit performance targets that
demonstrate constant or improved performance. 23 U.S.C.
402(k)(4)(A)(ii). FHWA's statute establishing safety performance
measures for the purpose of carrying out the HSIP, 23 U.S.C. 150, and
its corresponding regulation, 23 CFR 490, do not require constant or
improved performance. NHTSA's regulations currently require that this
performance target be identical to FHWA's performance target. FHWA is
currently undertaking notice and comment rulemaking on the National
Performance Management Measures since the passage of IIJA. NHTSA
recognizes the importance of allowing
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time for States to provide comments on the FHWA program, but also
recognizes that HSOs must meet the statutory July 1 deadline to submit
their triennial HSPs for the NHTSA program. NHTSA further recognizes
that State DOTs must meet the August 31 deadline to submit their safety
performance targets in their HSIP annual reports. State efforts to
develop their FY 2027 triennial HSPs are underway at this time, and it
is critical that States be provided certainty about application
criteria. With these considerations in mind, NHTSA finds it
impracticable and not in the public interest to provide prior notice
and opportunity for comment on this amendment to the regulation to
clarify that NHTSA waives, for FY 2027, the requirement that the
targets be identical. For these same reasons, NHTSA finds good cause to
make this amendment effective immediately.
IV. Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review)
NHTSA has considered the impact of this rulemaking action under
Executive Order (E.O.) 12866.\3\ This rulemaking does not meet the
criteria of a ``significant regulatory action'' under E.O. 12866.
Therefore, the Office of Management and Budget (OMB) has not reviewed
this proposed rule under that E.O.
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\3\ Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
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States must submit performance measures in the triennial HSP to
receive a highway safety grant. The revisions made by this rule do not
remove the requirement to provide performance measures; instead, it
merely allows States to submit performance measures that are not
identical to the performance measures submitted to the FHWA. As a
result, this action is not expected to impose any costs.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This rulemaking is an E.O. 14192 \4\ deregulatory action. The
rulemaking provides increased flexibility and decreases administrative
burden for States by removing the requirement that certain performance
measures submitted in the triennial HSP be identical to measures
submitted to FHWA in the HSIP annual report.
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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. 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 of 1996 (Pub. L. 104-21, 110 Stat.
857) 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 final rule makes limited revisions to the uniform procedures
implementing State highway safety grant programs, which were previously
determined to not have a significant impact on a substantial number of
small entities. The grant programs impacted by this rule will affect
only State governments, which are not considered to be small entities
as that term is defined by the RFA. Therefore, NHTSA certifies that
this action will not have a significant impact on a substantial number
of small entities and finds that the preparation of a Regulatory
Flexibility Analysis is unnecessary.
D. Executive Order 13132 (Federalism)
E.O. 13132, ``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 E.O. 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 E.O. 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 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.
NHTSA analyzed this rulemaking action in accordance with the
principles and criteria set forth in E.O. 13132. The limited revisions
made in this rulemaking provide flexibility to State applicants. NHTSA
has therefore determined that this final rule would not have sufficient
federalism implications as defined in the E.O. to warrant formal
consultation with State and local officials or the preparation of a
federalism summary impact statement.
E. Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b)(2) of E.O. 12988, ``Civil Justice Reform'' (61 FR 4729,
Feb. 7, 1996), requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) clearly specifies the
preemptive effect; (2) clearly specifies the effect on existing Federal
law or regulation; (3) provides a clear legal standard for affected
conduct, while promoting simplification and burden reduction; (4)
clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General.
NHTSA has reviewed this rulemaking action and determined that it
conforms to the applicable standards in section 3(b)(2) of E.O. 12988,
Civil Justice Reform. The issue of preemption is discussed above in
connection with E.O. 13132 (Federalism). NHTSA believes that this final
rule specifies clearly the waiver of the requirement that certain
performance measures submitted to NHTSA in the triennial HSP be
identical to those submitted to FHWA in the HSIP annual report and the
related technical changes to the regulatory text to reflect the change
to the triennial HSP. The amendments do not take effect retroactively.
NHTSA notes further that there is no requirement that a recipient
submit a petition for reconsideration before they may file suit in
court.
F. Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain
approval from the OMB for each collection of information they conduct,
sponsor, or require through regulations. 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. NHTSA has an existing
information collection that covers State submissions under the Highway
Safety Grant Program. The OMB Control Number for the information
collection is 2127-0760. This rulemaking does not
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impact existing burden or cost estimates or establish any new
information collection requirements.
G. 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 (in 2025, $206 million adjusted for inflation with base year
of 1995). This rulemaking would not result in annual State expenditures
exceeding the minimum threshold. Further, this rulemaking action
updates NHTSA's State highway safety grant program, a voluntary
program, and States become eligible in part based on the choice to
submit an application.
H. National Environmental Policy Act
The Department has analyzed the environmental impacts of this final
rule pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321, et seq.). NHTSA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical
exclusions are categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. In analyzing the applicability of a categorical
exclusion (CE), the agency must also consider whether extraordinary
circumstances are present that would warrant the preparation of an EA
or EIS. Id. Sec. 9(b). A DOT Operating Administration (OA) may apply
CEs established in another OA's procedures. Id. Sec. 9(f). To do so,
the OA ``must evaluate the action for extraordinary circumstances
identified in the OA procedures in which the CE is established to
determine if a normally excluded action may have a significant impact
and coordinate with the originating OA to ensure that the CE is being
applied correctly.'' Id.
This rulemaking, which waives the requirement for certain identical
performance measures from the triennial HSP, 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.'' NHTSA has coordinated with the Federal Transit Administration
to ensure that this CE is being applied correctly. NHTSA does not
anticipate any environmental impacts, and there are no extraordinary
circumstances present in connection with this rulemaking.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribes)
E.O. 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 E.O. 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)
DOT 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 a 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
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of
records notice, DOT/ALL-14 FDMS, accessible through <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. To facilitate comment tracking and response, NHTSA encourages
commenters to provide their name, or the name of their organization;
however, submission of names is optional. 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, or
other entity). 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
23 CFR Part 490
Bridges, Highway safety, Highways and roads, Reporting and
recordkeeping requirements.
23 CFR Part 1300
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Grant programs--transportation, Highway safety, Intergovernmental
relations, Motor vehicles--motorcycles, Reporting and recordkeeping
requirements.
Issued in Washington, DC, under authority delegated in 49 CFR
1.81 and 1.95.
Jonathan Morrison,
Administrator, National Highway Traffic Safety Administration.
In consideration of the foregoing, NHTSA amends title 23, Code of
Federal Regulations, 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 B--Triennial Highway Safety Plan and Annual Grant
Application
0
2. Amend Sec. 1300.11 by revising paragraph (b)(3)(iv) to read as
follows:
* * * * *
(b) * * *
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(3) * * *
(iv) For fiscal year 2027 only, the performance targets submitted
for common performance measures under paragraph (b)(3)(ii)(C) of this
section are not required to be identical to the State DOT targets
reported in the HSIP annual report.
* * * * *
[FR Doc. 2026-19403 Filed 9-22-26; 8:45 am]
BILLING CODE 4910-59-P
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