Anchor: #i1004731

Section 2: Federal Laws and Regulations

Anchor: #i1004736

Background

The United States Congress authorizes traffic safety funds to be appropriated to the US Department of Transportation (USDOT), National Highway Traffic Safety Administration (NHTSA). NHTSA apportions and distributes these funds to the states. The states obligate these funds through the annual state Highway Safety Performance Plan (HSPP), which is subject to NHTSA review.

The Texas Traffic Safety Program is primarily governed by federal regulations issued by NHTSA.

Anchor: #i1004753

The Highway Safety Act of 1966

The Texas Traffic Safety Program operates under the provision of the Highway Safety Act of 1966, 23 USC 402, et seq., specifically 402(b)(1).

Under Section 402, federal agencies are given considerable leeway to modify the traffic safety program as necessary. This authorization requires these programs to have certain features under the HSPP before they are approved. These features are contained in the following federal regulations.

Anchor: #i1004770

Applicable Federal Regulations

The following regulatory items govern the daily administration of traffic safety grants at the district and state level. Administrators of traffic safety grants should be familiar with and follow each cited title and rule to effectively design and manage programs. Thorough knowledge of these regulations will reduce a majority of grant questions before they become problems.

The following federal laws and regulations cover traffic safety grants:

Federal Laws Covering All Highway Safety Grants

Document Title

Revisions as of Date

Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA) Memo on Section 154, 163, and 164 (This memo addresses joint FHWA-NHTSA administration of Section 154, 163, and 164 programs.)

10/22/2007

Highway Safety Grant Funding Policy for NHTSA/FHWA Field-Administered Grants

7/2007

49 CFR Part 18 — DOT Implementation of Common Grant Rule: Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments (See the following discussion under the subheading “ The Common Rule”.)

7/24/2007

49 CFR Part 19 — Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations

10/16/2001

State Certifications and Assurances Statements

8/2005

Lobby Guidance — Lobbying Restrictions

4/30/2004

NHTSA Logo Guidance

1/18/2000

Uniform Guidelines for State Highway Safety Programs

1/18/2007

Grant Program Forms — Highway Safety Program Cost Summary

4/27/2005

Grant Program Forms — Federal-Aid Reimbursement Voucher

9/30/2000

Grant Program Forms — Request for Funds

9/30/2000

Federal Laws Covering Section 402 Grants

Document Title

Revisions as of Date

23 United States Code (U.S.C.) — Section 402 Highway Safety Program Legislation

6/09/1998

23 CFR Part 1200 — Uniform Procedures for State Highway Safety Programs

7/24/2007

23 CFR Part 1205 — Highway Safety Programs: Determination of Effectiveness

7/24/2007

23 CFR Part 1206 — Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966

7/24/2007

23 CFR Part 1250 — Political Subdivision Participating in State Highway Safety Programs

7/24/2007

23 CFR Part 1251 — State Highway Safety Agency

7/24/2007

402 State Match Requirements — NHTSA Order 462-6C

11/30/1993

NHTSA/FHWA Guidance — Section 402 Funding of Rail-Highway Crossing Safety Projects

11/04/1994

NHTSA Guidance — Section 402 Safe Communities Funds

1/22/1996

NHTSA Guidance — Youth Set-Aside Funds

3/07/1996

402 Advertising Space Guidance

12/01/2006

Federal Laws Covering SAFETEA-LU Incentive Grants

Document Title

Revisions as of Date

23 United States Code (U.S.C.) — Section 405 Occupant Protection Incentive Grants – Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Legislation

8/10/2005

23 Code of Federal Regulations (CFR) Part 1345 — Incentive Grant Criteria for Occupant Protection Programs SAFETEA-LU Regulations

12/30/2005

23 U.S.C — Section 406 Safety Belt Performance Grants SAFETEA-LU Legislation

8/10/2005

Section 406 Safety Belt Performance Grants Implementing SAFETEA-LU Guidance

1/25/2006

23 U.S.C. — Section 408 State Traffic Safety Information System Improvement Grants SAFETEA-LU Legislation

8/10/2005

Section 408 State Traffic Safety Information System Improvements Grants Implementing SAFETEA-LU Guidance

2/02/2006

23 U.S.C. — Section 410 Alcohol – Impaired Driving Countermeasures SAFETEA-LU Legislation

8/10/2005

23 CFR Part 1313 — Incentive Grant Criteria for Alcohol-Impaired Driving Prevention Program SAFETEA-LU Regulations

4/21/2006

23 U.S.C. Section 1906 — Incentive Grant Program to Prohibit Racial Profiling SAFETEA-LU Legislation

8/10/2005

Section 1906 Incentive Grant Program to Prohibit Racial Profiling — Implementing Guidance

2/02/2006

23 CFR Part 1350 — Incentive Grant Criteria for Motorcycle Safety Grants SAFETEA-LU Regulations

7/19/2006

23 U.S.C. Section 2010 — Motorcyclist Safety Grants SAFETEA-LU Legislation

8/05/2006

23 U.S.C. Section 2011 — Child Safety and Child Booster Seat Incentive Grants SAFETEA-LU Legislation

8/01/2005

Section 2011 — Child Safety and Child Booster Seat Incentive Grants Implementing Guidance

1/31/2006

Federal Laws Covering Transfer Funds

Document Title

Revisions as of Date

23 U.S.C Section 153 — Use of Safety Belts and Motorcycle Helmets Legislation

11/28/1995

23 CFR Part 1215 — Use of Safety Belts – Compliance and Transfer-of-Funds Procedures

6/06/1996

Section 153 Transfer Funds — NHTSA/FHWA Program Guidance

7/19/1994

23 U.S.C. Section 154 — Open Container Requirements Legislation

7/22/1998

23 CFR Part 1270 — Open Container Laws Regulations

8/24/2000

23 U.S.C. Section 164 — Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence Legislation

7/22/1998

23 CFR Part 1275 — Repeat Intoxicated Driver Laws Regulations

10/04/2000

Section 154/164 Guidance on TEA-21 Transfer Funding

3/31/2000

Sec. 154/164 — Frequently asked questions and answers regarding Sec. 154/164

July 2000



Anchor: #i1004784

The Common Rule

The United States Department of Transportation (USDOT) Common Rule is contained in Title 49, Code of Federal Regulations (CFR), Part 18, and is titled “Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments.”

The Common Rule was developed to establish “consistency and uniformity among federal agencies in the implementation and management of grants and cooperative agreements with state, local, and federally recognized Indian tribal governments” (Office of Management and Budget [OMB] Circular A-102 [revised], 8/29/1997).

The Common Rule supersedes OMB Circular A-102 of 1981. The Common Rule applies to federal grant recipients (such as the State of Texas) and the sub-recipients of federally assisted grants (such as municipalities receiving traffic safety grants from the State of Texas). The State of Texas has adopted the Common Rule and it is included in the Texas Uniform Grant Management Standards found in Texas Government Code, Chapter 783.

Anchor: #i1004808

Other Applicable Office of Management and Budget Circulars

Office of Management and Budget (OMB) circulars are frequently used reference materials in administering grants. The following table lists OMB circulars applicable to the Texas Traffic Safety Program:

OMB circulars applicable to the Texas Traffic Safety Program

Document Title

Revisions as of Date

2 CFR, Part 220 (OMB Circular A-21)Cost Principles for Educational Institutions

1/01/2010

2 CFR, Part 225 (OMB Circular A-87)Cost Principles for State, Local, and Indian Tribal Governments

1/01/2010

2 CFR, Part 230 (OMB Circular A-122)Cost Principles for Nonprofit Organizations

1/01/2010

OMB Circular A-133Audits of States, Local Governments, and Non-profit Organizations

6/27/2003

49 CFR, Part 19 (OMB Circular A-110) — Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations

10/01/2010



Anchor: #i1004817

Documents Available

The foregoing federal regulations, rules, and other cited procedural documents are available in the Highway Safety Grant Management Manual.

Previous page  Next page   Title page