1、527 NHTSA and FHWA, DOT 1240.10 PART 1240SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTSALLOCATIONS BASED ON SEAT BELT USE RATES Subpart AGeneral Sec. 1240.1 Purpose. 1240.2 Applicability. 1240.3 Definitions. Subpart BDetermination of Allocations 1240.10 Identification of eligible States. 1240.11 Dete
2、rmination of State seat belt use rate for calendar years 1996 and 1997. 1240.12 Determination of State seat belt use rate for calendar year 1998 and beyond. 1240.13 Determination of national average seat belt use rate. 1240.14 Determination of Federal medical savings and notification of proposed all
3、o-cations. 1240.15 Allocations. APPENDIX A TO PART 1240ADJUSTMENT PRO-CEDURES FOR STATE-SUBMITTED INFORMA-TION (CALENDAR YEARS 1996 AND 1997) APPENDIX B TO PART 1240PROCEDURES FOR MISSING OR INADEQUATE STATE-SUB-MITTED INFORMATION (CALENDAR YEARS 1996 AND 1997) APPENDIX C TO PART 1240CERTIFICATION (
4、CALENDAR YEAR 1998 SURVEY BASED ON SURVEY APPROVED UNDER 23 U.S.C. 153) APPENDIX D TO PART 1240DETERMINATION OF NATIONAL AVERAGE SEAT BELT USE RATE APPENDIX E TO PART 1240DETERMINATION OF FEDERAL MEDICAL SAVINGS AUTHORITY: 23 U.S.C. 157; delegations of au-thority at 49 CFR 1.48 and 1.50. SOURCE: 63
5、FR 57909, Oct 29, 1998, unless otherwise noted. Subpart AGeneral 1240.1 Purpose. This part establishes requirements and procedures governing the alloca-tion of funds to States made under 23 U.S.C. 157(c), based on seat belt use rates. 1240.2 Applicability. These procedures apply to all alloca-tions
6、of funds to States, based on seat belt use rates, beginning with alloca-tions for fiscal year 1999. 1240.3 Definitions. As used in this part Base seat belt use rate means the high-est State seat belt use rate for the State for any calendar year during the period from 1996 through the calendar year p
7、receding the previous calendar year; Federal medical savings means the amount of Federal budget savings re-lating to Federal medical costs (includ-ing savings under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C.1395 et seq.), as determined under t
8、his part; FHWA means the Federal Highway Administration; NHTSA means the National Highway Traffic Safety Administration; Passenger motor vehicle means a pas-senger car, pickup truck, van, minivan, or sport utility vehicle; State means any of the fifty States, the District of Columbia, or Puerto Rico
9、. State seat belt use rate means the seat belt use rate for a State, rounded to the nearest tenth of one percent, after any required weighting, adjustment, or substitution under this part, that is used in determining eligibility for and the amount of an allocation under this part. Subpart BDetermina
10、tion of Allocations 1240.10 Identification of eligible States. (a) On or about September 1, 1998, and each September 1 thereafter, NHTSA will identify, on the basis of seat belt use rates determined, as ap-plicable, under 1240.11, 1240.12, and 1240.13 of this part (1) Each State that had a State sea
11、t belt use rate during the previous cal-endar year and the year preceding the previous calendar year that exceeded the national average seat belt use rate for each of those years; and (2) Each State that does not meet the requirements of paragraph (a)(1) of this section and that had a State seat bel
12、t use rate during the previous calendar year that exceeded the States base seat belt use rate. (b) Any seat belt use rate used in making the determinations under this VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD
13、with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-528 23 CFR Ch. II (4111 Edition) 1240.11 part shall be rounded to the nearest tenth of one percent. (c) A State identified under para-graph (a)(1) or (a)(2) of this section, and not ineligible u
14、nder 1240.12(a)(2) of this part, shall receive an allocation of funds reflecting the Federal medical savings, in accordance with the proce-dures of 1240.14 and 1240.15 of this part. 1240.11 Determination of State seat belt use rate for calendar years 1996 and 1997. (a) Review of State-submitted info
15、rma-tion. NHTSA will review available seat belt use rate information submitted by each State for calendar years 1996 and 1997 to determine whether (1) Measurements of seat belt use were based on direct observation; (2) At least 70 percent of observation sites were surveyed during the calendar year f
16、or which the seat belt use rate is reported; (3) All passenger motor vehicles were sampled; and (4) All front seat outboard occupants in the sampled vehicles were counted. (b) Determination of State seat belt use rate. Seat belt use rate information submitted by a State for calendar year 1996 or 199
17、7 will be (1) Accepted as the State seat belt use rate if it satisfies paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this section. (2) Accepted after adjustment in ac-cordance with the procedures of Appen-dix A of this part, as the State seat belt use rate, if it satisfies paragraphs (a)(1) and (
18、a)(2) of this section, but fails to satisfy paragraph (a)(3) or (a)(4) of this section. (3) Rejected, and the procedures of Appendix B of this part shall apply, if it fails to satisfy paragraph (a)(1) or (a)(2) of this section. 1240.12 Determination of State seat belt use rate for calendar year 1998
19、 and beyond. (a) State seat belt use survey. (1) Begin-ning in calendar year 1998, State seat belt use rates used for determining al-locations under this part shall be based on a survey conducted each calendar year by each State that satisfies all the requirements of Part 1340 of this title (the Uni
20、form Criteria for State Observational Surveys of Seat Belt Use). (2) A State that does not conduct a survey required under paragraph (a)(1) of this section in any calendar year, or that conducts a survey that does not satisfy all the requirements of part 1340 of chapter III of this title, shall be i
21、n-eligible for an allocation of funds on the basis of both 1240.10(a)(1) and 1240.10(a)(2) of this part during the second and third succeeding fiscal years (e.g., if a State fails to conduct a conforming survey in calendar year 1998, the State is ineligible for an allo-cation of funds during FY 2000
22、 and FY 2001). (b) Submission of survey information. (1) Each State shall submit to NHTSA, no later than March 1st after the cal-endar year during which a survey re-quired under paragraph (a)(1) of this section is conducted, the seat belt use rate determined under the survey, re-ported as a percenta
23、ge to one decimal place, accompanied by a survey report, consisting of all documentation identi-fied in 1340.5 of chapter III of this title and summarizing the results of any analyses conducted under the survey. (2) NHTSA will review a survey re-port submitted under paragraph (b)(1) of this section
24、to determine whether the survey complies with all the re-quirements of 1340 of chapter III of this title. Written notice of approval or disapproval of a survey will be sent to the Governors Representative for Highway Safety within 30 days of re-ceipt of the survey report. Any notice of disapproval w
25、ill be accompanied by a detailed statement of the reasons for disapproval. (3) A State may elect to submit a de-scription of its proposed survey meth-odology, consisting of all documenta-tion identified in 1340.5 (a), (b) and (c)(3) of chapter III of this title for ad-vance review, prior to conducti
26、ng the survey. (4) NHTSA will review a proposed survey methodology submitted under paragraph (b)(3) of this section and in-form the Governors Representative for Highway Safety in writing within 30 days of receipt of the proposed method-ology whether the survey, if conducted in accordance with the me
27、thodology, VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-529 NHTSA and FHWA, DOT 1240.15 would comply with
28、all the require-ments of 1340 of chapter III of this title. Any notice indicating non-com-pliance will be accompanied by a de-tailed statement of the reasons. (5) A State that submits a descrip-tion of its proposed survey method-ology under paragraph (b)(3) of this section continues to be required t
29、o sub-mit all information required under paragraph (b)(1) of this section, after the State conducts its survey, for re-view under paragraph (b)(2) of this sec-tion. (c) Submission of Certificationcal-endar year 1998 surveys. (1) A survey conducted by a State in calendar year 1998 shall be deemed to
30、comply with the requirements of 1340 of chapter III of this title, if (i) The surveys design was approved by the agency, in writing, on or after June 29, 1992, for the purposes of the grant program authorized under 23 U.S.C. 153; (ii) The survey design has remained unchanged since the survey was ap-
31、proved (except to the extent that the requirements of paragraph (c)(1)(iii) constitute a change); and (iii) The survey samples all passenger motor vehicles, measures seat belt use by all front seat outboard occupants in the sampled vehicles, and counts seat belt use only within the calendar year for
32、 which the seat belt use rate is re-ported. (2) A State that meets the require-ments of paragraph (c)(1) of this sec-tion shall submit a certification signed by the Governors Representative for Highway Safety, in the form prescribed in Appendix C of this part, accom-panied by the information require
33、d under paragraph (b)(1) of this section. (3) Written notice of acceptance or rejection of a certification will be sent to the Governors Representative for Highway Safety within 30 days of re-ceipt of the information required under paragraph (c)(2) of this section. Any notice of rejection will be ac
34、companied by a detailed statement of the reasons for rejection. (d) Determination of State seat belt use rate. The seat belt use rate submitted by the State for a calendar year will be accepted as the State seat belt use rate for that calendar year if (1) It was determined under a survey whose surve
35、y report was approved under paragraph (b)(2) of this section; or (2) For calendar year 1998 only, the State satisfies the requirements of paragraphs (c)(1) and (c)(2) of this sec-tion, and its certification is accepted under paragraph (c)(3) of this section. 1240.13 Determination of national av-erag
36、e seat belt use rate. The national average seat belt use rate for a calendar year shall be the sum of the individual State seat belt use rates for all the States, after weighting each individual State seat belt use rate in accordance with the procedures of Appendix D of this part. 1240.14 Determinat
37、ion of Federal medical savings and notification of proposed allocations. On or about September 1, 1998, and each September 1 thereafter, NHTSA will (a) Calculate, in accordance with the procedures in Appendix E of this part, the Federal medical savings and each States share of those savings, due to
38、the amount by which the State seat belt use rate for the previous calendar year (1) Exceeds the national average seat belt use rate for that calendar year, for each State described in 1240.10(a)(1) of this part; or (2) Exceeds the States base seat belt use rate, for each State described in 1240.10(a
39、)(2) of this part; and (b) Notify the States described in 1240.10(c) of this part of their proposed allocations, which shall be equal to the amount of the Federal medical savings calculated under paragraphs (a)(1) and (a)(2) of this section, as applicable, re-duced proportionately across all States
40、if the allocations would exceed the total amount authorized for allocation during the fiscal year. 1240.15 Allocations. (a) Funds allocated under this part shall be available for any projects eli-gible for assistance under title 23, United States Code. (b) Not later than 25 days after noti-fication
41、under 1240.14(b) of this part, the Governors Representative for VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,
42、-,-530 23 CFR Ch. II (4111 Edition) Pt. 1240, App. A 1Blincoe, L.J. Estimating the Benefits of In-creased Safety Belt Use. Washington, DC: U.S. Department of Transportation, NHTSA, DOT HS 808 133, June, 1994. Highway Safety and the Secretary of the States Department of Transpor-tation for each State
43、 that receives no-tification shall jointly identify, in writing to the appropriate NHTSA Re-gional Administrator and FHWA Divi-sion Administrator, the amounts of the States proposed allocations that will be used in highway safety programs and in Federal-aid highway programs. (c) On or about October
44、1, 1998, and each October 1 thereafter, the funds to which a State is entitled under this part will be allocated in the propor-tions identified by the State under paragraph (b) of this section, reduced proportionately across all States if the allocations would, in the aggregate, ex-ceed total obliga
45、tion limitations appli-cable to 23 U.S.C. 157. (d) Thereafter, each State shall iden-tify specific NHTSA program areas and FHWA projects for which the allocated funds will be used. APPENDIX A TO PART 1240ADJUSTMENT PROCEDURES FOR STATE-SUBMITTED INFORMATION (CALENDAR YEARS 1996 AND 1997) A. In State
46、s where State-submitted infor-mation on seat belt use rates does not in-clude data for Front outboard occupants in passenger motor vehicles (FOPV), an adjust-ment will be made based on the national ratio of seat belt use rates for FOPV to the seat belt use rate for the group of occupants and vehicle
47、s that were included in the State- submitted information. The national seat belt use rates will be derived from the most recent National Occupant Protection Use Survey (NOPUS). For each affected State, the adjustment will be made by dividing the NOPUS seat belt use rate for FOPV by the NOPUS seat be
48、lt use rate for the surveyed group, or the seat belt use rate for the clos-est available group to the surveyed group. The NOPUS seat belt use rate for FOPV will be derived for each affected State by weighting the NOPUS seat belt use rates for passenger cars and for passenger motor vehi-cles that are
49、 not passenger cars (hereafter LTVs) by the relative number of registra-tions of passenger cars and LTVs in each State. This method will produce a factor which will be multiplied by the States sur-vey-based seat belt use rate to produce an adjusted seat belt use rate reflecting the re-quired vehicle and occupant population. B. The process may be expressed mathe-matically as follows: Ua = Us(Npc * Rpc + Nltv * Rltv) / Ns) Whe
