You are on page 1of 14

6830 Federal Register / Vol. 71, No.

27 / Thursday, February 9, 2006 / Notices

medical examination; and (3) that each 31136(e) can be satisfied by initially sound science and program
individual provide a copy of the annual granting the renewal and then administration. The guidelines the
medical certification to the employer for requesting and subsequently evaluating agency proposes to revise are as follows:
retention in the driver’s qualification comments submitted by interested Guideline No. 3 Motorcycle Safety,
file and retain a copy of the certification parties. As indicated above, the agency Guideline No. 8 Impaired Driving,
on his/her person while driving for previously published notices of final Guideline No. 14 Pedestrian and Bicycle
presentation to a duly authorized disposition announcing its decision to Safety, Guideline No. 15 Traffic
Federal, State, or local enforcement exempt these 18 individuals from the Enforcement Services (formerly Police
official. Each exemption will be valid vision requirement in 49 CFR Traffic Services), Guideline No. 19
for two years unless rescinded earlier by 931.41(b)(10). That final decision to Speed Management (formerly Speed
FMCSA. The exemption will be grant the exemption to each of these Control), and Guideline No. 20
rescinded if: (1) The person fails to individuals was based on the merits of Occupant Protection.
comply with the terms and conditions each case and only after careful NHTSA believes the proposed
of the exemption; (2) the exemption has consideration of the comments received revisions will provide more accurate,
resulted in a lower level of safety than to its notices of applications. Those current and detailed guidance to the
was maintained before it was granted; or notices of applications stated in detail States. The revised guidelines will be
(3) continuation of the exemption would the qualifications, experience, and made publicly available on the NHTSA
not be consistent with the goals and medical condition of each applicant for Web site.
objectives of 49 U.S.C. 31315 and an exemption from the vision DATES: You should submit your
31136(e). requirements. That information is comments early enough to ensure that
available by consulting the above cited Docket Management receives them not
Basis for Renewing Exemptions
Federal Register publications. later than March 13, 2006.
Under 49 U.S.C. 31315(b)(1), an Interested parties or organizations
ADDRESSES: You may submit comments
exemption may be granted for no longer possessing information that would
than two years from its approval date in writing to: Docket Management,
otherwise show that any, or all of these
and may be renewed upon application Room PL–401, 400 Seventh Street, SW.,
drivers, are not currently achieving the
for additional two year periods. In Washington, DC 20590. Alternatively,
statutory level of safety should
accordance with 49 U.S.C. 31315 and you may submit your comments
immediately notify FMCSA. The agency
31136(e), each of the 18 applicants has electronically by logging onto the
will evaluate any adverse evidence
satisfied the entry conditions for Docket Management System (DMS) Web
submitted and, if safety is being
obtaining an exemption from the vision site at http://dms.dot.gov. Click on
compromised or if continuation of the
requirements (68 FR 74699; 69 FR ‘‘Help & Information’’ or ‘‘Help/Info’’ to
exemption would not be consistent with
10503). Each of these 18 applicants has view instructions for filing your
the goals and objectives of 49 U.S.C.
requested timely renewal of the comments electronically. Regardless of
31315 and 31136(e), FMCSA will take
exemption and has submitted evidence how you submit your comments, you
immediate steps to revoke the
showing that the vision in the better eye should mention the docket number of
exemption of the driver(s) in question.
continues to meet the standard specified this document.
Issued on: February 2, 2006. FOR FURTHER INFORMATION CONTACT: The
at 49 CFR 391.41(b)(10) and that the
Larry W. Minor, following person at the National
vision impairment is stable. In addition,
a review of each record of safety while Office Director, Bus and Truck Standards and Highway Traffic Safety Administration,
Operations. 400 Seventh Street, SW., Washington,
driving with the respective vision
deficiencies over the past two years [FR Doc. E6–1757 Filed 2–8–06; 8:45 am] DC 20590: Julie Ross, Program
indicates each applicant continues to BILLING CODE 4910–EX–P Development and Delivery, NTI–100,
meet the vision exemption standards. telephone (202) 366–9895, facsimile:
These factors provide an adequate basis (202) 366–7149.
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION:
for predicting each driver’s ability to
continue to drive safely in interstate National Highway Traffic Safety Background
commerce. Therefore, FMCSA Administration
concludes that extending the exemption Section 402 of title 23 of the United
for each renewal applicant for a period [Docket No. NHTSA–2005–23090] States Code requires the Secretary of
of two years is likely to achieve a level Transportation to promulgate uniform
Amendments to Highway Safety guidelines for State highway safety
of safety equal to that existing without
Program Guidelines programs. As the highway safety
the exemption.
AGENCY: National Highway Traffic environment changes, it is necessary for
Request for Comments NTHSA to update the guidelines to
Safety Administration (NHTSA),
FMCSA will review comments Department of Transportation. provide current information on effective
received at any time concerning a ACTION: Request for comments, highway
program content for States to use in
particular driver’s safety record and safety program guidelines. developing and assessing their traffic
determine if the continuation of the safety programs. Each of the proposed
exemption is consistent with the SUMMARY: Section 402 of title 23 of the revised guidelines reflects the sound
requirements at 49 U.S.C. 31315 and United States Code requires the science and the experience of States in
31136(e). However, FMCSA requests Secretary of Transportation to traffic safety program content. NHTSA
that interested parties with specific data promulgate uniform guidelines for State will update the guidelines periodically
cprice-sewell on PROD1PC66 with NOTICES

concerning the safety records of these highway safety programs. to reflect new issues and to emphasize
drivers submit comments by March 13, NHTSA is seeking comments on program methodology and approaches
2006. proposed amendments to six (6) of the that have proven to be highly effective
FMCSA believes that the existing guidelines to reflect program in these program areas.
requirements for a renewal of an methodology and approaches that have The guidelines offer direction to
exemption under 49 U.S.C. 31315 and proven to be successful and are based in States in formulating their highway

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6831

safety plans for highway safety efforts Management at the address given above crashes and related deaths and injuries.
that are supported with Section 402 under ADDRESSES. When you send a Each comprehensive State motorcycle
grant funds. The guidelines provide a comment containing information safety program should address the use
framework for developing a balanced claimed to be confidential business of helmets (meeting Federal Motor
highway safety program and serve as a information, you should include a cover Vehicle Safety Standard 218) and other
tool with which States can assess the letter setting forth the information protective gear, proper licensing,
effectiveness of their own programs. specified in our confidential business impaired riding, rider training,
NHTSA encourages States to use these information regulation (49 CFR part conspicuity and motorist awareness.
guidelines and build upon them to 512). This guideline describes the
optimize the effectiveness of highway We will consider all comments that components that a State motorcycle
safety programs conducted at the State Docket Management receives before the safety program should include and the
and local level. The revised guidelines close of business on the comment criteria that the program components
will emphasize areas of national closing date indicated above under should meet.
concern and highlight effective DATES. To the extent possible, we will
countermeasures. The six (6) guidelines I. Program Management
also consider comments that Docket
NHTSA plans to revise as a result of this Management receives after that date. Each State should have centralized
Notice represent the first in a series of You may read the comments received program planning, implementation and
revisions NHTSA will propose. As each by Docket Management, Room PL–401, coordination to identify the nature and
guideline is updated, it will include a 400 Seventh Street, SW., Washington, extent of its motorcycle safety problems,
date representing the date of its DC 20590. The hours of the Docket are to establish goals and objectives for the
revision. 9 a.m. to 5 p.m., Monday to Friday, State’s motorcycle safety program and to
The guidelines (as of July 18, 1995) except Federal holidays. You may also implement projects to reach the goals
can be found in their entirety in the see the comments on the Internet. To and objectives. State motorcycle safety
Highway Safety Grant Management read the comments on the Internet, take plans should:
Manual or at http://www.nhtsa.dot.gov/ the following steps: • Designate a lead agency for
nhtsa/whatsup/tea21/GrantMan/HTML/ • Go to the Docket Management motorcycle safety;
05h_ProgGuidlines.html. System (DMS) Web page of the • Develop funding sources;
Comments Department of Transportation (http:// • Collect and analyze data on
dms.dot.gov). motorcycle crashes, injuries and
Interested persons are invited to
• On that page, click on ‘‘search.’’ fatalities;
submit comments in response to this
• On the next page (http:// • Identify and prioritize the State’s
request for comments. Your comments
dms.dot.gov/search/), type in the five- motorcycle safety problem areas;
must be written and in English. To
ensure that your comments are correctly
digit docket number shown at the • Encourage collaboration among
beginning of this document. Example: If agencies and organizations responsible
filed in the Docket, please include the
the docket number were ‘‘NHTSA– for, or impacted by, motorcycle safety
docket number of this document in your
2001–12345,’’ you would type ‘‘12345.’’ issues;
comments.
Your comments must not be more After typing the docket number, click on • Develop programs (with specific
than 15 pages long. (49 CFR 553.21). We ‘‘search.’’ projects) to address problems;
established this limit to encourage you • On the next page, which contains • Coordinate motorcycle safety
to write your primary comments in a docket summary information for the projects with those for the general
concise fashion. However, you may docket you selected, click on the desired motoring public;
attach necessary additional documents comments. You may download the • Integrate motorcycle safety into
in your comments. There is no limit on comments. State strategic highway safety plans, and
the length of the attachments. Please note that even after the other related highway safety activities
Please submit two copies of your comment closing date, we will continue including impaired driving, occupant
comments, including the attachments, to file relevant information in the protection, speed management and
to Docket Management at the address Docket as it becomes available. Further, driver licensing programs; and
given above under ADDRESSES. If you some people may submit late comments. • Routinely evaluate motorcycle
wish Docket Management to notify you Accordingly, we recommend that you safety programs and services.
upon its receipt of your comments, periodically check the Docket for new
material. II. Motorcycle Personal Protective
enclose a self-addressed, stamped
In consideration of the foregoing, Equipment
postcard in the envelope containing
your comments. Upon receiving your NHTSA proposes to amend the Each State should support passage
comments, Docket Management will guidelines as follows. and enforcement of mandatory all-rider
return the postcard by mail. If you wish Highway Safety Program Guideline motorcycle helmet use laws. In
to submit any information under a claim addition, each State should encourage
of confidentiality, you should submit Motorcycle Safety Guideline No. 3 motorcycle operators and passengers to
three copies of your complete Each State, in cooperation with its use the following protective equipment
submission, including the information political subdivisions and tribal through an aggressive communication
you claim to be confidential business governments, should develop and campaign:
information, to the Chief Counsel at the implement a comprehensive highway • Motorcycle helmets that meet the
following address: National Highway safety program, reflective of State Federal helmet standard;
cprice-sewell on PROD1PC66 with NOTICES

Traffic Safety Administration, 400 demographics, to achieve a significant • Proper clothing, including gloves,
Seventh Street, SW., Washington, DC reduction in traffic crashes, fatalities boots, long pants and a durable long-
20590. In addition, you should submit and injuries on public roads. The sleeved jacket; and
two copies, from which you have highway safety program should include • Eye and face protection.
deleted the claimed confidential a comprehensive motorcycle safety Additionally, each passenger should
business information, to Docket program that aims to reduce motorcycle have a seat and footrest.

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6832 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

III. Motorcycle Operator Licensing • Community traffic safety and other each State should ensure that State and
States should require every person injury control programs, including community motorcycle safety programs
who operates a motorcycle on public outreach to motorcyclist clubs and include a traffic-engineering component
roadways to pass an examination organizations; that is coordinated with enforcement
• Youth anti-impaired driving and educational efforts. This
designed especially for motorcycle
programs and campaigns; engineering component should improve
operation and to hold a license • High visibility law enforcement the safety of motorcyclists through the
endorsement specifically authorizing programs and communications design, construction, operation and
motorcycle operation. Each State should campaigns; maintenance of engineering measures.
have a motorcycle licensing system that • Judge and prosecutor training These measures may include, but
requires: programs; should not be limited to:
• Motorcycle operator’s manual that • Anti-impaired driving • Considering motorcycle needs
contains essential safe riding organizations’ programs; when selecting pavement skid factors;
information; • College and school programs; and
• Motorcycle license examination, • Workplace safety programs; • Providing advance warning signs to
including knowledge and skill tests, and • Event-based programs such as alert motorcyclists to unusual or
State licensing medical criteria; motorcycle rallies, shows, etc.; and irregular roadway surfaces.
• License examiner training specific • Server training programs.
to testing of motorcyclists; IX. Motorcycle Rider Conspicuity and
VI. Legislation and Regulations Motorist Awareness Programs
• Motorcycle license endorsement;
• Cross referencing of motorcycle Each State should enact and enforce State motorcycle safety programs,
registrations with motorcycle licenses to motorcycle-related traffic laws and communication campaigns and state
identify motorcycle owners who may regulations, including laws that require motor vehicle operator manuals should
not have the proper endorsement; all riders to use motorcycle helmets emphasize the issues of rider
• Motorcycle license renewal compliant with the Federal helmet conspicuity and motorist awareness of
requirements; standard. Specific policies should be motorcycles. These programs should
• Learner’s permits issued for a developed to encourage coordination address:
period of 90 days and the establishment with appropriate public and private • Daytime use of motorcycle
of limits on the number and frequency agencies in the development of headlights;
of learner’s permits issued per applicant regulations and laws to promote • Brightly colored clothing and
to encourage each motorcyclist to get motorcycle safety. reflective materials for motorcycle riders
full endorsement; and VII. Law Enforcement and motorcycle helmets with high
• Penalties for violation of motorcycle Each State should ensure that State
daytime and nighttime conspicuity;
licensing requirements. • Lane positioning of motorcycles to
and community motorcycle safety increase vehicle visibility;
IV. Motorcycle Rider Education and programs include a law enforcement • Reasons why motorists do not see
Training component. Each State should motorcycles; and
Safe motorcycle operation requires
emphasize strongly the role played by • Ways that other motorists can
law enforcement personnel in increase their awareness of
specialized training by qualified
motorcycle safety. Essential components motorcyclists.
instructors. Each State should establish
of that role include:
a State Motorcycle Rider Education • Developing knowledge of X. Communication Program
Program that has: motorcycle crash situations, States should develop and implement
• A source of program funding; investigating crashes, and maintaining a communications strategies directed at
• A state organization to administer reporting system that documents crash specific high-risk populations as
the program; activity and supports problem identified by data. Communications
• A mandate to use the State- identification and evaluation activities; should highlight and support specific
approved curriculum; • Providing communication and policy and progress underway in the
• Reasonable availability of rider education support; States and communities and should be
education courses for all interested • Providing training to law culturally relevant and appropriate to
residents of legal riding age; enforcement personnel in motorcycle the audience. States should:
• A documented policy for instructor safety, including how to identify • Focus their communication efforts
training and certification; impaired motorcycle operators and to support the overall policy and
• Incentives for successful course helmets that do not meet FMVSS 218; program;
completion such as licensing test and • Review data to identify populations
exemption; • Establishing agency goals to support at risk; and
• A plan to address the backlog of motorcycle safety. • Use a mix of media strategies to
training, if applicable; draw attention to the problem.
• State guidelines for conduct and VIII. Highway Engineering
quality control of the program; and Traffic engineering is a critical XII. Program Evaluation and Data
• A program evaluation plan. element of any crash reduction program. Both problem identification and
This is true not only for the continual evaluation require effective
V. Motorcycle Operation Under the
development of programs to reduce an record keeping by State and local
Influence of Alcohol or Other Drugs
existing crash problem, but also to government. The State should identify
cprice-sewell on PROD1PC66 with NOTICES

Each State should ensure that design transportation facilities that the frequency and types of motorcycle
programs addressing impaired driving provide for the safe movement of crashes. After problem identification is
include an impaired motorcyclist motorcyclists and all other motor complete, the State should identify
component. The following programs vehicles. appropriate countermeasures.
should be used to reach impaired Balancing the needs of motorcyclists The State should promote effective
motorcyclists: must always be considered. Therefore, evaluation by:

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6833

• Supporting the analysis of police State should include the following as community-based programs carried out
crash reports involving motorcyclists; part of their impaired driving program: in schools, work sites, medical and
• Encouraging, supporting and • Task Forces or Commissions: health care facilities, and by community
training localities in process, impact Convene Driving While Impaired (DWI) coalitions. Prevention efforts should be
and outcome evaluation of local task forces or commissions to foster directed toward populations at greatest
programs; leadership, commitment and risk. Programs and activities should be
• Conducting and publicizing coordination among all parties science-based and proven effective and
statewide surveys of public knowledge interested in impaired driving issues, include a communication component.
and attitudes about motorcycle safety; including both traditional and non- Each State should:
• Maintaining awareness of trends in traditional parties, such as highway
motorcycle crashes at the national level • Promote Responsible Alcohol
safety enforcement, criminal justice,
and how trends might influence Service: Promote policies and practices
driver licensing, treatment, liquor law
activities statewide; that prevent underage drinking by
enforcement, business, medical, health
• Evaluating the use of program people under age 21 and over-service to
care, advocacy and multicultural groups
resources and the effectiveness of and the media. people ages 21 and older.
existing countermeasures for the general • Strategic Planning: Develop and • Promote Transportation
public and high-risk population; and implement an overall plan for short- and Alternatives: Promote alternative
• Ensuring that evaluation results are long-term impaired driving activities transportation programs, such as
used to identify problems, plan new based on careful problem identification. designated driver and safe ride
programs and improve existing • Program Management: Establish programs, especially during high-risk
programs. procedures to ensure that program times, which enable drinkers ages 21
activities are implemented as intended. and older to reach their destinations
Highway Safety Program Guideline • Resources: Allocate sufficient without driving.
Impaired Driving funding, staffing and other resources to
• Conduct Community-Based
Guideline No. 8 support impaired driving programs.
Programs: Conduct community-based
Programs should aim for self-sufficiency
Each State, in cooperation with its programs that implement prevention
and, to the extent possible, costs should
political subdivisions and tribal strategies at the local level through a
be borne by impaired drivers.
governments, should develop and • Data and Records: Establish and variety of settings, including schools,
implement a comprehensive highway maintain a records system that uses data employers, medical and health care
safety program, reflective of State from other sources [e.g., U.S. Census, professionals, community coalitions and
demographics, to achieve a significant Fatality Analysis Reporting System traffic safety programs.
reduction in traffic crashes, fatalities (FARS), Crash Outcome Data Evaluation Æ Schools: School-based prevention
and injuries on public roads. The System (CODES)] to fully support the programs, beginning in elementary
highway safety program should include impaired driving program, and that is school and continuing through college
an Impaired Driving component that guided by a statewide traffic records and trade school, should play a critical
addresses highway safety activities coordinating committee (TRCC) that role in preventing underage drinking
related to impaired driving. represents the interests of all public and and impaired driving. These programs
(Throughout this guideline, the term private sector stakeholders and the wide should be developmentally appropriate,
impaired driving means operating a range of disciplines that need the culturally relevant and coordinated with
motor vehicle while affected by alcohol information. drug prevention and health promotion
and/or other drugs, including • Communication Program: Develop programs.
prescription drugs, over-the-counter and implement a comprehensive Æ Employers: States should provide
medicines or illicit substances.) This communications program that supports information and technical assistance to
guideline describes the components that priority policies and program efforts and employers and encourage employers to
a State impaired driving program should is directed at impaired driving; offer programs to reduce underage
include and the criteria that the program underage drinking; and reducing the drinking and impaired driving by
components should meet. risk of injury, death and resulting employees and their families.
I. Program Management and Strategic medical, legal, social and other costs.
Æ Community Coalitions and Traffic
Planning II. Prevention Safety Programs: Community coalitions
An effective impaired driving Prevention programs should aim to and traffic safety programs should
program should be based on strong reduce impaired driving through public provide the opportunity to conduct
leadership, sound policy development, health approaches, including altering prevention programs collaboratively
program management and strategic social norms, changing risky or with other interested parties at the local
planning, and an effective dangerous behaviors and creating safer level and provide communications
communication program. Program environments. Prevention programs toolkits for local media relations,
efforts should be data-driven, focusing should promote communication advertising and public affairs activities.
on populations and geographic areas strategies that highlight and support Coalitions may include representatives
that are most at risk, and science-based, specific policies and program activities of government such as highway safety;
determined through independent and promote activities that educate the enforcement; criminal justice; liquor
evaluation as likely to succeed. public on the effects of alcohol and law enforcement; public health; driver
Programs and activities should be other drugs, limit the availability of licensing and education; business,
cprice-sewell on PROD1PC66 with NOTICES

guided by problem identification and alcohol and other drugs, and discourage including employers and unions; the
carefully managed and monitored for those impaired by alcohol and other military; medical, health care and
effectiveness. Adequate resources drugs from driving. treatment communities; multicultural,
should be devoted to the problem and Prevention programs may include faith-based, advocacy and other
costs should be borne, to the extent responsible alcohol service practices, community groups; and neighboring
possible, by impaired drivers. Each transportation alternatives and countries, as appropriate.

VerDate Aug<31>2005 17:24 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6834 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

III. Criminal Justice System separate offenses with additional law involving the use or possession of
Each State should use the various sanctions; alcohol or illicit drugs.
components of its criminal justice • Open container, prohibiting
possession or consumption of any open B. Enforcement
system—laws, enforcement,
prosecution, adjudication, criminal and alcoholic beverage in the passenger area Each State should conduct frequent,
administrative sanctions and of a motor vehicle located on a public highly visible, well publicized and fully
communications—to achieve both highway or right-of-way (limited coordinated impaired driving (including
specific and general deterrence. exceptions are permitted under 23 zero tolerance) law enforcement efforts
Specific deterrence focuses on U.S.C. 154 and its implementing throughout the State, especially in
individual offenders and seeks to ensure regulations, 23 CFR part 1270); and
locations where alcohol-related fatalities
that impaired drivers will be detected, • Primary safety belt provisions that
most often occur. To maximize
arrested, prosecuted and subject to do not require that officers observe or
visibility, States should maximize
swift, sure and appropriate sanctions. cite a driver for a separate offense other
contact between officers and drivers,
Using these measures, the criminal than a safety belt violation.
using sobriety checkpoints and
justice system seeks to reduce The laws should include provisions to
facilitate effective enforcement that: saturation patrols and should widely
recidivism. General deterrence seeks to publicize these efforts—before, during
increase the public perception that • Authorize law enforcement to
conduct sobriety checkpoints, (i.e., stop and after they occur. Highly visible,
impaired drivers will face severe highly publicized efforts should be
consequences, discouraging individuals vehicles on a nondiscriminatory basis to
determine whether operators are driving conducted periodically and also on a
from driving impaired. sustained basis throughout the year. To
A multidisciplinary approach and while impaired by alcohol or other
drugs); maximize resources, the State should
close coordination among all
• Authorize law enforcement to use coordinate efforts among State, county,
components of the criminal justice
passive alcohol sensors to improve the municipal and tribal law enforcement
system are needed to make the system
detection of alcohol in drivers; agencies. Each State should coordinate
work effectively. In addition,
• Authorize law enforcement to efforts with liquor law enforcement
coordination is needed among law
obtain more than one chemical test from officials. To increase the probability of
enforcement agencies at the State,
county, municipal and tribal levels to an operator suspected of impaired detection, arrest and prosecution,
create and sustain both specific and driving, including preliminary breath participating officers should receive
general deterrence. tests, evidential breath tests, and training in the latest law enforcement
screening and confirmatory tests for techniques, including Standardized
A. Laws alcohol or other impairing drugs; and Field Sobriety Testing (SFST), and
Each State should enact impaired • Require law enforcement to conduct selected officers should receive training
driving laws that are sound, rigorous mandatory BAC testing of drivers in media relations and Drug Evaluation
and easy to enforce and administer. The involved in crashes producing fatal or and Classification (DEC).
laws should clearly define offenses, serious injuries.
C. Publicizing High Visibility
contain provisions that facilitate The laws should establish effective
Enforcement
effective enforcement and establish penalties that include:
effective consequences. • Administrative license suspension Each State should communicate its
The laws should define offenses to or revocation (ALR) for failing or impaired driving law enforcement
include: refusing to submit to a BAC or other efforts and other elements of the
• Driving while impaired by alcohol drug test; criminal justice system to increase the
or other drugs (whether illegal, • Prompt and certain administrative public perception of the risks of
prescription or over-the-counter) and license suspension of at least 90 days for detection, arrest, prosecution and
treating both offenses similarly; first-time offenders determined by sentencing for impaired driving. Each
• Driving with a Blood Alcohol chemical test(s) to have a BAC at or State should develop and implement a
Concentration (BAC) limit of 0.08, above the State’s ‘‘per se’’ level; year-round communications plan that
making it illegal ‘‘per se’’ to operate a • Enhanced penalties for BAC test provides emphasis during periods of
vehicle at or above this level without refusals, high BAC, repeat offenders, heightened enforcement, provides
having to prove impairment; driving with a suspended or revoked sustained coverage throughout the year,
• Driving with a high BAC (i.e., 0.16 license, driving impaired with a minor
includes both paid and earned media
BAC or greater) with enhanced in the vehicle, vehicular homicide or
and uses messages consistent with
sanctions above the standard impaired causing personal injury while driving
National campaigns. Publicity should be
driving offense; impaired, including: longer license
culturally relevant, appropriate to the
• Zero Tolerance for underage suspension or revocation; installation of
audience and based on market research.
drivers, making it illegal ‘‘per se’’ for ignition interlock devices; license plate
people under age 21 to drive with any confiscation; vehicle impoundment, D. Prosecution
measurable amount of alcohol in their immobilization or forfeiture; intensive
system (i.e., 0.02 BAC or greater); supervision and electronic monitoring; States should implement a
• Repeat offender with increasing and threat of imprisonment; comprehensive program to visibly,
sanctions for each subsequent offense; • Assessment for alcohol or other aggressively and effectively prosecute
• BAC test refusal with sanctions at drug abuse problems for all impaired and publicize impaired driving-related
cprice-sewell on PROD1PC66 with NOTICES

least as strict or stricter than a high BAC driving offenders and, as appropriate, efforts, including use of experienced
offense; treatment, abstention from use of prosecutors (e.g., Traffic Safety Resource
• Driving with a license suspended or alcohol and other drugs and frequent Prosecutors), to help coordinate and
revoked for impaired driving, with monitoring; and deliver training and technical assistance
vehicular homicide or causing personal • Driver license suspension for to prosecutors handling impaired
injury while driving impaired as people under age 21 for any violation of driving cases throughout the State.

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6835

E. Adjudication suspension, vehicle sanctions and professionals to implement a system to


installation of ignition interlock devices. identify, intervene and refer individuals
States should impose effective, • Programs: Each State’s driver for appropriate substance abuse
appropriate and research-based licensing agency should conduct treatment.
sanctions, followed by close programs that reinforce and • Screening and Assessment: Each
supervision, and the threat of harsher complement the State’s overall program State should encourage its employers,
consequences for non-compliance when to deter and prevent impaired driving, educators and health care professionals
adjudicating cases. Specifically, DWI including graduated driver licensing to have a systematic program to screen
Courts should be used to reduce (GDL) for novice drivers, education and/or assess drivers to determine
recidivism among repeat and high BAC programs that explain alcohol’s effects whether they have an alcohol or drug
offenders. DWI Courts involve all on driving and the State’s zero tolerance abuse problem and, as appropriate,
criminal justice stakeholders laws and a program to prevent briefly intervene or refer them for
(prosecutors, defense attorneys, individuals from using a fraudulently appropriate treatment. A marketing
probation officers and judges) along obtained or altered driver’s license. campaign should promote year-round
with alcohol and drug treatment screening and brief intervention to
professionals and use a cooperative IV. Communication Program medical, health and business partners
approach to systematically change States should develop and implement and to identified audiences. In
participant behavior. The effectiveness a comprehensive communication particular:
of enforcement and prosecution efforts program that supports priority policies Æ Criminal Justice System: Within the
is strengthened by knowledgeable, and program efforts. States should: criminal justice system, people
impartial and effective adjudication. • Develop and implement a year- convicted of an impaired driving offense
Each State should provide state-of-the- round communication plan that should be assessed to determine
art education to judges, covering SFST, includes policy and program priorities; whether they have an alcohol or drug
DEC, alternative sanctions and emerging comprehensive research; behavioral and abuse problem and whether they need
technologies. communications objectives; core treatment. The assessment should be
Each State should utilize DWI courts message platforms; campaigns that are required by law and completed prior to
to help improve case management and audience relevant and linguistically sentencing or reaching a plea agreement.
to provide access to specialized appropriate; key alliances with private Æ Medical and Health Care Settings:
personnel, speeding up disposition and and public partners; specific activities Within medical or health care settings,
adjudication. DWI courts also increase for advertising, media relations and any adult or adolescent seen by a
access to testing and assessment to help public affairs; special emphasis periods medical or health care professional
identify DWI offenders with addiction during high risk times; and evaluation should be screened to determine
problems and to help prevent them from and survey tools; whether they may have an alcohol or
re-offending. DWI courts additionally • Employ a communications strategy drug abuse problem. A person may have
help with sentence monitoring and principally focused on increasing a problem with alcohol abuse or
enforcement. Each State should provide knowledge and awareness, changing dependence, a brief intervention should
adequate staffing and training for attitudes and influencing and sustaining be conducted and, if appropriate, the
probation programs with the necessary appropriate behavior; person should be referred for
resources, including technological • Use traffic-related data and market assessment and further treatment.
research to identify specific audiences • Treatment and Rehabilitation: Each
resources, to monitor and guide offender
segments to maximize resources and State should work with health care
behavior. professionals, public health
effectiveness; and
F. Administrative Sanctions and Driver • Adopt a comprehensive marketing departments and third party payers to
Licensing Programs approach that coordinates elements like establish and maintain treatment
media relations, advertising and public programs for persons referred through
States should use administrative the criminal justice system, medical or
affairs/advocacy.
sanctions, including the suspension or health care professionals and other
revocation of an offender’s driver’s V. Alcohol and Other Drug Misuse: entities. This will help ensure that
license; the impoundment, Screening, Assessment, Treatment and offenders with alcohol or other drug
immobilization or forfeiture of a vehicle; Rehabilitation dependencies begin appropriate
the impoundment of a license plate; or Impaired driving frequently is a treatment and complete recommended
the use of ignition interlock devices, symptom of a larger alcohol or other treatment before their licenses are
which are among the most effective drug problem. Many first-time impaired reinstated.
actions to prevent repeat impaired driving offenders and most repeat • Monitoring Impaired Drivers: Each
driving offenses. In addition, other offenders have alcohol or other drug State should establish a program to
licensing activities can prove effective abuse or dependency problems. Without facilitate close monitoring of impaired
in preventing, deterring and monitoring appropriate assessment and treatment, drivers. Controlled input and access to
impaired driving, particularly among these offenders are more likely to repeat an impaired driver tracking system,
novice drivers. Publicizing related their crimes. with appropriate security protections, is
efforts is part of a comprehensive In addition, alcohol use leads to other essential. Monitoring functions should
communications program. injuries and health care problems. be housed in the driver licensing,
• Administrative License Revocation Frequent visits to emergency judicial, corrections and treatment
and Vehicle Sanctions: Each State’s departments present an opportunity for systems. Monitoring systems should be
cprice-sewell on PROD1PC66 with NOTICES

Motor Vehicle Code should authorize intervention, which might prevent able to determine the status of all
the imposition of administrative future arrests or motor vehicle crashes, offenders in meeting their sentencing
penalties by the driver licensing agency and result in decreased alcohol requirements for sanctions and/or
upon arrest for violation of the state’s consumption and improved health. rehabilitation and must be able to alert
impaired driving laws, including Each State should encourage its courts to non-compliance. Monitoring
administrative driver’s license employers, educators and health care requirements should be established by

VerDate Aug<31>2005 17:24 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6836 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

law to assure compliance with sanctions bicycle safety program should include laws and regulations, including laws
by offenders and responsiveness of the and the criteria that the program that require the proper use of bicycle
judicial system. Non-compliant components should meet. helmets. States should develop and
offenders should be handled swiftly enforce appropriate sanctions that
I. Program Management
either judicially or administratively. compel compliance with laws and
Many localities are successfully Each State should have centralized regulations. Specific policies should be
utilizing DWI courts or drug courts to program planning, implementation and developed to encourage coordination
monitor DWI offenders. coordination to promote pedestrian and with appropriate public and private
bicycle safety program issues as part of agencies in the development of
VI. Program Evaluation and Data
a comprehensive highway safety regulations and laws to promote
Each State should have access to and program. Evaluation should be used to pedestrian and bicyclist safety.
analyze reliable data sources for revise existing programs, develop new
problem identification and program programs and determine progress and IV. Law Enforcement
planning. Each State should conduct success of pedestrian and bicycle safety Each State should ensure that State
several different types of evaluations to programs. The State Highway Safety and community pedestrian and bicycle
effectively measure progress, to Office (SHSO) should: programs include a law enforcement
determine program effectiveness, to • Train program staff to effectively component. Each State should strongly
plan and implement new program carry out recommended activities; emphasize the role played by law
strategies and to ensure that resources • Provide leadership, training and enforcement personnel in pedestrian
are allocated appropriately. technical assistance to other State and bicyclist safety. Essential
Each State should establish and agencies and local pedestrian and components of that role include:
maintain a records system that uses data bicycle safety programs and projects;
from other sources (e.g., U.S. Census, • Developing knowledge of
• Conduct regular problem pedestrian and bicyclist crash
FARS, CODES) to fully support the identification and evaluation activities
impaired driving program. A statewide situations, investigating crashes and
to determine pedestrian and bicyclist maintaining a reporting system that
traffic records coordinating committee fatality, injury and crash trends and to
that represents the interests of all public documents crash activity and supports
provide guidance in development and problem identification and evaluation
and private sector stakeholders and the implementation of countermeasures;
wide range of disciplines that need the activities;
• Promote the proper use of bicycle
information should guide the records helmets as a primary measure to reduce • Providing communication and
system. death and injury among bicyclists; education support;
Each State’s driver licensing agency • Coordinate with the State • Providing training to law
should maintain a system of records that Department of Transportation to ensure enforcement personnel in pedestrian
enables the State to: (1) Identify provision of a safe environment for and bicycle safety;
impaired drivers; (2) maintain a pedestrians and bicyclists through • Establishing agency policies to
complete driving history of impaired engineering measures such as sidewalks support pedestrian and bicycle safety;
drivers; (3) receive timely and accurate and bicycle facilities in the planning • Enforcing pedestrian and bicycle
arrest and conviction data from law and design of all highway projects; laws;
enforcement agencies and the courts, • Support the enforcement of State • Coordinating with and supporting
including data on operators as bicycle and pedestrian laws by local education and engineering activities;
prescribed by the commercial driver enforcement agencies; and and
licensing regulations; and (4) provide • Develop safety initiatives to reduce
timely and accurate driver history • Suggesting creative strategies to
fatalities and injuries among high-risk promote safe pedestrian, bicyclist and
records to law enforcement and the groups including children, older adults
courts. motorist behaviors (e.g., citation
and alcohol-impaired pedestrians and diversion classes for violators).
Highway Safety Program Guideline bicyclists.
Pedestrian and Bicycle Safety V. Highway Engineering
II. Multi-disciplinary Involvement
Guideline No. 14 Traffic engineering is a critical
Pedestrian and bicyclist safety
Each State, in cooperation with its element of any motor vehicle crash
requires the support and coordinated
political subdivisions and tribal reduction program, but is especially
activity of multidisciplinary agencies, at
governments, should develop and important for the safe movement of
both the State and local levels. At a
implement a comprehensive highway pedestrians and bicyclists. States should
minimum, the following communities
safety program, reflective of State utilize national guidelines for
should be involved:
demographics, to achieve a significant • State Pedestrian/Bicycle constructing safe pedestrian and bicycle
reduction in traffic crashes, fatalities Coordinators. facilities in all new transportation
and injuries on public roads. The • Law Enforcement and Public Safety. projects, and are required to follow all
highway safety program should include • Education. federal regulations on accessibility.
a comprehensive pedestrian and bicycle • Public Health and Medicine. Each State should ensure that State
safety program that promotes safe • Driver Education and Licensing. and community pedestrian and bicycle
pedestrian and bicycle practices, • Transportation—Engineering, programs include a traffic engineering
educates drivers to share the road safely Planning, Local Transit. component that is coordinated with
with other road users and provides safe • Media and Communications. enforcement and educational efforts.
cprice-sewell on PROD1PC66 with NOTICES

facilities for pedestrians and bicyclists • Community Safety Organizations. This engineering component should
through a combination of policy, • Non-Profit Organizations. improve the safety of pedestrians and
enforcement, communication, bicyclists through the design,
education, incentive and engineering III. Legislation, Regulation and Policy construction, operation and
strategies. This guideline describes the Each State should enact and enforce maintenance of engineering measures
components that a State pedestrian and pedestrian and bicyclist-related traffic such as:

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6837

• Pedestrian, bicycle and school bus older pedestrians, young children and • Conducting and publicizing
loading zone signals, signs and new immigrant populations. States statewide surveys of public knowledge
markings; should also incorporate pedestrian and and attitudes about pedestrian and
• Parking regulations; bicycle safety education into school bicyclist safety;
• Traffic calming, or other approaches curricula. To encourage community and • Maintaining awareness of trends in
for slowing traffic and improving safety; school involvement, States should: pedestrian and bicyclist crashes at the
• On-road facilities (e.g., signed • Establish and convene a pedestrian national level and how this might
routes, marked lanes, wide curb lanes, and bicycle safety advisory task force or influence activities statewide;
paved shoulders); coalition to organize and generate • Evaluating the use of program
• Sidewalk design; broad-based support for pedestrian and resources and the effectiveness of
• Pedestrian pathways; bicycle programs; existing countermeasures for the general
• Off-road bicycle facilities (trails and • Create an effective communications public and high-risk populations; and
paths); and network among coalition members to • Ensuring that evaluation results are
• Accommodations for people with keep members informed and to used to identify problems, plan new
disabilities. coordinate efforts; programs and improve existing
• Integrate culturally relevant programs.
VI. Communication Program
pedestrian and bicycle safety programs Highway Safety Program Guideline
Each State should ensure that State into local traffic safety injury prevention
and community pedestrian and bicycle initiatives and local transportation Traffic Enforcement Services
programs contain a comprehensive plans; Guideline No. 15
communication component to support • Provide culturally relevant Each State, in cooperation with its
program and policy efforts. This materials and resources to promote political subdivisions and tribal
component should address coordination pedestrian and bicycle safety education governments, should develop and
with traffic engineering and law programs; implement a comprehensive highway
enforcement efforts, school-based • Ensure that highway safety in
safety program, reflective of State
education programs, communication general, and pedestrian and bicycle
demographics, to achieve a significant
and awareness campaigns, and other safety in particular, are included in the
reduction in traffic crashes, fatalities
focused educational programs such as State-approved K–12 health and safety
and injuries on public roads. The
those for seniors and other identified education curricula and textbooks, and
highway safety program should include
high-risk populations. The State should in materials for preschool age children
a traffic enforcement services program
enlist the support of a variety of media; and their caregivers;
designed to enforce traffic laws and
including mass media, to improve • Encourage the promotion of safe
regulations; reduce traffic-crashes and
public awareness of pedestrian and pedestrian and bicyclist practices
resulting fatalities and injuries; provide
bicyclist crash problems and programs (including practices near school buses)
aid and comfort to the injured;
directed at preventing them. through classroom and extra-curricular
investigate and report specific details
Communication programs should be activities; and
• Establish and enforce written and causes of traffic crashes; supervise
culturally relevant and address issues
policies requiring safe pedestrian and traffic crash and highway incident
such as:
clean-up; and maintain safe and orderly
• Visibility, or conspicuity, in the bicyclist practices to and from school,
including proper use of bicycle helmets movement of traffic along the highway
traffic system;
• Correct use of facilities and on school property. system. This guideline describes the
accommodations; components that a State traffic
VIII. Driver Education and Licensing enforcement services program should
• Law enforcement initiatives;
• Proper street crossing behavior; Each State should address pedestrian include and the minimum criteria that
• Safe practices near school buses, and bicycle safety in State driver the program components should meet.
including loading and unloading education training (i.e., in the classroom I. Program Management
practices; and behind the wheel), materials and
• The nature and extent of traffic licensing programs. A. Planning and Coordination
related pedestrian and bicycle fatalities Each State should have centralized
IX. Evaluation Program
and injuries; program planning, implementation and
• Driver training regarding pedestrian Both problem identification and coordination to achieve and sustain
and bicycle safety; evaluation of pedestrian and bicycle effective traffic enforcement services.
• Rules of the road; crashes require effective record keeping The State Highway Safety Office (SHSO)
• Proper selection, use, fit and by State and local government should provide the leadership, training
maintenance of bicycles and bicycle representatives. The State should and technical assistance necessary to:
helmets; identify the frequency and type of • Develop and implement a
• Skills training for bicyclists; and pedestrian and bicycle crashes to inform comprehensive highway safety plan for
• Sharing the road safely among selection, implementation and all traffic enforcement service programs,
motorists and bicyclists. evaluation of appropriate in cooperation with law enforcement
countermeasures. The State should (i.e., State, county, local or tribal law
VII. Outreach Program
promote effective program evaluation enforcement agency leaders);
Each State should encourage by: • Generate broad-based support for
extensive community involvement in • Supporting detailed analyses of traffic enforcement programs;
cprice-sewell on PROD1PC66 with NOTICES

pedestrian and bicycle safety education police accident reports involving • Coordinate traffic enforcement
by involving individuals and pedestrians and bicyclists; services with other traffic safety
organizations outside the traditional • Encouraging, supporting and program areas including Commercial
highway safety community. Outreach training localities in process, impact Motor Vehicle (CMV) safety activities
efforts should include a focus on and outcome evaluation of local such as the Motor Carrier Safety
reaching vulnerable road users, such as programs; Assistance Program; and

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6838 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

• Integrate traffic enforcement program. Law enforcement agencies ordinances is a responsibility shared by
services into traffic safety and other should: all law enforcement agencies. Among
injury prevention programs. • Periodically conduct assessments of the primary objectives of this function is
traffic enforcement service demands and encouraging motorists and pedestrians
B. Program Elements
resources to meet identified needs; to comply voluntarily with the laws and
State, local and tribal law • Develop a comprehensive resource ordinances. Administrators should
enforcement agencies, in conjunction management plan that includes a apply their enforcement resources in a
with the SHSO, should establish traffic specific traffic enforcement services and manner that ensures the greatest impact
safety services as a priority within their safety component; on traffic safety. Traffic enforcement
comprehensive enforcement programs. • Define the management plan in services should:
A law enforcement program should be terms of budget requirements and • Include accurate problem
built on a foundation of commitment, services to be provided; and identification and countermeasure
cooperation, planning, monitoring, and • Develop and implement operational design;
evaluation within the agency’s strategies and policies that identify the • Apply at appropriate times and
enforcement program. State, local and deployment of traffic enforcement locations, coupled with paid media and
tribal law enforcement agencies should: services resources to address program communication efforts designed to make
• Provide the public with effective demands and agency goals. the motoring public aware of the traffic
and efficient traffic enforcement safety problem and planned
III. Training
services through enabling legislation enforcement activities; and
and regulations; Training is essential to support traffic • Include a system to document and
• Coordinate activities with State enforcement services and to prepare law report results.
Departments of Transportation to ensure enforcement officers to effectively
perform their duties. Training V. Communication Program
both support and accurate date
collection. accomplishes a wide variety of States should develop and implement
• Develop and implement a necessary goals and can be obtained communication strategies directed at
comprehensive traffic enforcement through a variety of sources. Law supporting policy and program
services program that is focused on enforcement agencies should elements. Public awareness and
general deterrence and inclusive of periodically assess enforcement knowledge about traffic enforcement
impaired driving (i.e., alcohol or other activities to determine training needs services are essential for sustaining
drugs), safety belt use and child and to ensure training is endorsed by increased compliance with traffic laws
passenger safety laws, motorcycles, the State Police Officers Standards and and regulations. Communications
speeding and other programs to reduce Training (POST) agency. Effective should highlight and support specific
hazardous driving behaviors; training should: program activities underway in the
• Provide officers the knowledge and community and be culturally relevant
• Develop cooperative working
skills to act decisively and correctly; and appropriate to the audience. This
relationships with other governmental
• Increase compliance with agency requires a well-organized, effectively
agencies, community organizations and
enforcement goals; managed social marketing campaign
traffic safety stakeholders on traffic
• Assist in meeting priorities; that addresses specific high-risk
safety and enforcement issues;
• Improve compliance with populations. The SHSO, in cooperation
• Maintain traffic enforcement established policies; with law enforcement agencies, should
strategies and policies for all areas of • Result in greater productivity and develop a statewide communications
traffic safety including roadside sobriety effectiveness; plan and campaign that:
checkpoints, safety belt use, pursuit • Foster cooperation and unity of • Identifies and addresses specific
driving, crash investigating and purpose; audiences at particular risk;
reporting, speed enforcement and • Help offset liability actions and • Addresses enforcement of safety
hazardous moving traffic violations; and prevent inappropriate conduct by law belt use, child passenger safety,
• Establish performance measures for enforcement officers; impaired driving, speed and other
traffic enforcement services that are • Motivate and enhance officer serious traffic laws;
both qualitative and quantitative. professionalism; and • Capitalizes on special events and
Traffic enforcement services should • Require traffic enforcement awareness campaigns;
look beyond the issuance of traffic knowledge and skills for all recruits. • Identifies and supports the efforts of
citations to include enforcement of Law enforcement agencies should: traffic safety activist groups, community
criminal laws and that address drivers • Provide traffic enforcement in- coalitions and the health and medical
of all types of vehicles, including trucks service training to experienced officers; community to gain increased support of,
and motorcycles. • Provide specialized CMV in-service and attention to, traffic safety and
II. Resource Management training to traffic enforcement officers as enforcement;
appropriate. • Uses national themes, events and
The SHSO should encourage law • Conduct training to implement materials;
enforcement agencies to develop and specialized traffic enforcement skills, • Motivates the public to support
maintain a comprehensive resource techniques, or programs; and increased enforcement of traffic laws;
management plan that identifies and • Train instructors using certified • Educates and reminds the public
deploys resources necessary to training in order to increase agency about traffic laws and safe driving
effectively support traffic enforcement
cprice-sewell on PROD1PC66 with NOTICES

capabilities and to ensure continuity of behaviors;


services. The resource management plan specialized enforcement skills and • Disseminates information to the
should include a specific component on techniques. public about agency activities and
traffic enforcement services and safety, accomplishments;
integrating traffic enforcement services IV. Traffic Law Enforcement • Enhances relationships with news
and safety initiatives into a Providing traffic enforcement services media and health and medical
comprehensive agency enforcement and the enforcement of traffic laws and communities;

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6839

• Provides safety education and • Provide information rapidly and reducing speeding-related fatalities and
community services; accurately; injuries.
• Provides legislative and judicial • Provide routine compilations of • Establish a Speed Management
information and support; data for management use in the decision Working Group as outlined in the Speed
• Increases the public’s making process; Management Workshop Guidelines to
understanding of the enforcement • Provide data for operational develop and implement a localized
agency’s role in traffic safety; planning and execution; action plan that identifies specific
• Markets information about internal • Interface with a variety of data speeding and speeding-related crash
activities to sworn and civilian members systems, including statewide traffic problems and the actions necessary to
of the agency; safety records systems; and address problems and to establish the
• Enhances the agency’s safety • Be accessible to enforcement, credibility of posted speed limits.
enforcement role and increases planners and management. The action plan should:
employee understanding and support; • Galvanize a localized effort and
and Highway Safety Program Guideline identify specific actions to be taken to
• Recognizes employee Speed Management Guideline No. 19 effectively address managing speed and
achievements. Each State, in cooperation with its reducing speeding-related crash risks;
VI. Data and Program Evaluation political subdivisions and tribal • Address how to effectively
governments, should develop and overcome institutional and
The SHSO, in conjunction with law
implement a comprehensive highway jurisdictional barriers to setting
enforcement agencies, should develop a
safety program, reflective of State appropriate speed limits and
comprehensive evaluation program to
demographics, to achieve a significant enforcement practices;
measure progress toward established
reduction in traffic crashes, fatalities • Address how to effectively
project goals and objectives; effectively
and injuries on public roads. The coordinate with stakeholders across
plan and implement statewide, county,
highway safety program should include organizations and disciplines to
local and tribal traffic enforcement
a comprehensive speed management improve support needed for establishing
services programs; optimize the
program that encourages citizens to an effective speed management
allocation of limited resources; measure
voluntarily comply with speed limits. program; and
the impact of traffic enforcement on
reducing crime and traffic crashes,
This guideline describes the • Address how to effectively
components that a State speed communicate and exchange information
injuries and deaths; and compare costs
management program should contain between the transportation disciplines
of criminal activity to costs of traffic
and the criteria that the program and the public to reinforce the
crashes. Data should be collected from
components should meet. importance of setting and enforcing
police accident reports, daily officer
activity reports that contain workload Speed management involves a appropriate speed limits.
and citation information, highway balanced program effort that includes:
II. Problem Identification
department records (e.g., traffic Defining the relationship between
speed, speeding and safety; applying The relationship between speed
volume), citizen complaints and officer
road design and engineering measures limits, travel speeds and speed
observations. Law enforcement
to obtain appropriate speeds; setting differential are the defining components
managers should:
• Include evaluation in initial speed limits that are safe and of speed management as a highway
program planning efforts to ensure that reasonable; applying enforcement efforts safety issue. Speed increases crash
data will be available and that sufficient and appropriate technology that severity, however, crash probability
resources will be allocated; effectively target speeders and deter resulting from speed and speed
• Report results regularly to project speeding; marketing communication differential is not clearly defined. Data
and program managers, law enforcement and educational messages that focus on collection and analysis is required to
decision-makers and members of the high-risk drivers; and soliciting the identify and develop countermeasures
public and private sectors; cooperation, support and leadership of and awareness initiatives that lead to
• Use results to guide future activities traffic safety stakeholders. appropriate modifications in driver
and to assist in justifying resources to behavior. To achieve this goal, States
I. Program Management should assist Speed Management
governing bodies;
• Conduct a variety of surveys to While speeding is a national problem, Working Groups in making appropriate
assist in determining program effective solutions must be applied decisions about concentrated resource
effectiveness, such as roadside sobriety locally. The success of a speed allocation. Each State should provide
surveys, speed surveys, license checks, management program is enhanced by leadership, training and technical
belt use surveys and surveys measuring coordination and cooperation among the assistance to:
public knowledge and attitudes about engineering, enforcement and • Monitor and report travel speed
traffic enforcement programs; educational disciplines. To reduce trends across the entire localized road
• Evaluate the effectiveness of speeding-related fatalities, injuries and network;
services provided in support of priority crashes, State, local or tribal • Identify local road segments where
traffic safety areas; governments should: excessive and inappropriate vehicle
• Maintain and report traffic data to • Provide the NHTSA Speed speeds contribute to speeding-related
appropriate repositories, such as police Management Workshop that offers a crashes;
comprehensive approach to speed • Monitor the effects on vehicle
cprice-sewell on PROD1PC66 with NOTICES

accident reports, the FBI Uniform Crime


Report, FMCSA’s SAFETYNET system management through partnering a broad speeds and crash risk of setting
and annual statewide reports; and range of transportation and safety appropriate speed limits; and
• Evaluate the impact of traffic disciplines. This multi-disciplinary • Coordinate, monitor and evaluate
enforcement services on criminal team improves communication and the short- and long-term effect of State
activity. cooperation and facilitates the legislative and local ordinance changes
An effective records program should: development of innovative strategies for that establish appropriate speed laws

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6840 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

and posted speed limits on mobility and to themselves and others, they are compliance with appropriately set
safety. unlikely to adjust speeds for traffic and speed limits;
weather conditions, or to comply with • Coordinate speed enforcement
III. Engineering Countermeasurers programs with educational and media
posted speed limits. The State should
The establishment of appropriate aid established Speed Management communication activities;
speed limits facilitates voluntary public Working Groups by providing the • Ensure the accuracy and reliability
compliance and is the cornerstone for leadership, training and technical of speed-measuring devices used during
effective speed management. Speed assistance necessary to: speed enforcement operations through
management techniques and technology • Develop and evaluate public compliance with the appropriate
can be engineered into the existing awareness campaigns to educate drivers performance specifications and
highway system or incorporated into the on the importance of obeying speed established testing protocols;
Intelligent Transportation System to limits and the potential consequences of • Ensure the knowledge, skills and
improve voluntary compliance with speeding; abilities of law enforcement officers
speed limits and prevent speeding. The • Use market research to identify and involved in speed enforcement activities
State should aid established Speed clearly understand how, when and through comprehensive speed
Management Working Groups by where to reach high-risk drivers; management training and appropriate
providing the leadership, training and • Develop a strategy to educate the speed-measuring device operator
technical assistance necessary to: public about why and how speed limits training programs; and
• Comply with the Manual on are set; • Promote the proper use of
Uniform Traffic Control Devices • Capitalize on special enforcement automated speed enforcement programs,
guidelines to establish appropriate activities or events such as saturation application of automated speed
speed limits; patrols and sobriety checkpoints, enforcement technologies and
• Provide a computer-based expert impaired driving crackdowns, occupant compliance with automated speed
system speed zone advisor to set protection mobilizations, and other enforcement implementation guidelines
credible, safe and consistent speed highly publicized sustained designed to deter speeding effectively
limits; enforcement activities; and to prohibit revenue generation
• Train traffic engineers in the proper • Identify and collaboratively support beyond reasonable operational cost.
techniques to deploy speed-monitoring efforts of highway safety partners, traffic
VI. Legislation, Regulation and Policy
devices and conduct engineering studies safety stakeholders and the health and
for the purpose of establishing medical communities to include speed A key component of a successful
appropriate speed limits; management as a priority safety, speed management program is
• Determine and apply the economic and public health issue; and consistent, effective public policy to
appropriate frequency for speed limit • Promote responsible driver support speed management strategies
signs; behavior and speed compliance in and countermeasures. Traffic court
• Identify sites and applications advertising. judges, prosecutors, safety
where variable speed limit signs can organizations, health professionals,
reinforce appropriate speed limits for V. Enforcement Countermeasurers lawmakers and policy makers have a
prevailing conditions; Enforcement is critical to achieve stake in establishing the legitimacy of
• Identify and apply appropriate compliance with speed limits. More speed limits and effectively managing
traffic calming techniques for reducing than half of all traffic stops result from speed to reduce injuries and fatalities.
speed in pedestrian and bicyclist speeding violations, and public support The support and leadership of traffic
activity areas; for speed enforcement activities court judges and prosecutors is essential
• Employ speed-activated roadside depends on the confidence of the public to ensure that speeding violations are
displays that warn drivers exceeding that speed enforcement is fair, rational treated seriously and consistently.
safe speeds based on roadway curve and motivated by safety concerns. The Safety goals can only be achieved
geometry, pavement friction and/or State should provide the leadership, through the leadership of local
vehicle characteristics; and training and technical assistance authorities who are responsible for
• Promote the application of onboard necessary to: implementing most speed management
vehicle and communication • Support speed enforcement measures. Each State should aid
technologies that prevent drivers from operations that: established Speed Management Working
exceeding safe speeds, including » Compliment a comprehensive Groups by providing the leadership,
adaptive cruise control, vehicle limit speed management program including training and technical assistance
sensing and feedback, driver control traffic engineering, enforcement, necessary to:
speed limitors, wireless roadside judiciary and public support; • Promote speed management as a
beacons, vehicle infrastructure » Strategically address speeders, public policy priority;
integrated safety systems and stability locations and conditions most common • Create a network of key partners to
control systems. or most hazardous in speeding-related carry the speed management message
crashes; and and leverage their resources to extend
IV. Communication Program » Support the national commercial the reach and frequency of a speed
Communication strategies, motor vehicle safety enforcement management communication program;
accompanied by enforcement, can program; • Target speed management
modify driver behavior. Communication • Integrate speed enforcement into initiatives at sites and on highways that
programs should be developed to ensure related highway safety and priority offer the greatest opportunity for making
cprice-sewell on PROD1PC66 with NOTICES

motorist acceptance and to enhance enforcement activities such as impaired a significant reduction in speeding-
compliance with the introduction of driving prevention, safety belt use, related crashes;
revised speed limits and strict motorcycle rider training and other • Provide speed management
enforcement operations. If the public is injury control activities; program information and training
not aware of, or does not understand, • Provide speed enforcement opportunities for traffic court judges and
the potential consequences of speeding guidelines that promote driver prosecutors that outline the negative

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6841

effects of speeding on the quality of life governments, should develop and certified by the manufacturer to meet all
in their communities; implement a comprehensive highway applicable Federal safety standards) or
• Provide sentencing guidelines to safety program, reflective of State safety belt;
ensure and promote consistent demographics, to achieve a significant • Legislation permitting primary
treatment of violators in order to defuse reduction in traffic crashes, fatalities enforcement that requires children
any public perception that speed limits and injuries on public roads. The under 13 years old to be properly
are arbitrary or capricious; and highway safety program should include restrained in the rear seat (unless all
• Promote and provide speed a comprehensive occupant protection available rear seats are occupied by
management workshops within program that educates and motivates the younger children);
communities to enhance public to properly use available motor • Graduated Driver Licensing (GDL)
communications and support for the vehicle occupant protection systems. A laws that include three stages of
implementation of a comprehensive, combination of legislation and use licensure, and that place restrictions
balanced and effective speed requirements, enforcement, and sanctions on high-risk driving
management program. communication, education and situations for novice drivers (i.e.,
VII. Data and Evaluation incentive strategies is necessary to nighttime driving restrictions, passenger
achieve significant, lasting increases in restrictions, zero tolerance, required
An evaluation component is a critical safety belt use);
safety belt and child safety seat usage.
element of any speed management • Regulations requiring employees
This guideline describes the
program. The evaluation design should and contractors at all levels of
components that a State occupant
measure the impact and effectiveness of government to wear safety belts when
protection program should include and
a comprehensive speed management traveling on official business;
the criteria that the program
program on traffic fatalities, injuries and • Official policies requiring that
components should meet.
crashes and provide information for organizations receiving Federal highway
future program revisions, improvement I. Program Management safety program grant funds develop and
and planning. The State should aid Each State should have centralized enforce an employee safety belt use
established Speed Management Working program planning, implementation and policy; and
Groups by providing the leadership, coordination to achieve and sustain • Encouragement to motor vehicle
training and technical assistance high rates of safety belt use. Evaluation insurers to offer economic incentives for
necessary to: should be used to revise existing policyholders who wear safety belts and
• Include an evaluation component in secure children in child safety seats or
programs, develop new programs and
the initial program planning efforts to other appropriate restraints.
determine progress and success. The
ensure that data will be available and
State Highway Safety Office (SHSO) III. Enforcement Program
that sufficient resources will be
should:
allocated; • Provide leadership, training and Each State should conduct frequent,
• Provide reports regularly to a Speed high-visibility law enforcement efforts,
technical assistance to other State
Management Working Group, project coupled with communication strategies,
agencies and local occupant protection
and program managers; law enforcement to increase safety belt and child safety
commanders and officers; transportation programs and projects;
• Establish and convene an occupant seat use. Essential components of a law
engineers; members of the highway enforcement program include:
protection advisory task force or
safety, health and medical communities; • Written, enforced safety belt use
coalition to organize and generate
public and private sectors; and other policies for law enforcement agencies
broad-based support for programs. The
traffic safety stakeholders; with sanctions for noncompliance to
• Use evaluation results to verify coalition should include agencies and
organizations that are representative of protect law enforcement officers from
problem identification, guide future harm and for officers to serve as role
speed management activities and assist the State’s demographic composition
and critical to the implementation of models for the motoring public;
in justifying resources to legislative • Vigorous enforcement of safety belt
bodies; occupant protection initiatives;
• Conduct surveys to determine • Integrate occupant protection and child safety seat laws, including
programs into community/corridor citations and warnings;
program effectiveness and public
traffic safety and other injury prevention • Accurate reporting of occupant
knowledge and attitudes about the
programs; and protection system information on police
speed management program;
• Analyze speed compliance and • Evaluate the effectiveness of the accident report forms, including safety
speeding-related crashes in areas with State’s occupant protection program. belt and child safety seat use or non-use,
actual hazards to the public; restraint type, and airbag presence and
II. Legislation, Regulation and Policy deployment;
• Evaluate the effectiveness of speed
management activities provided in Each State should enact and enforce • Communication campaigns to
relation to other priority traffic safety occupant protection use laws, inform the public about occupant
areas; regulations and policies to provide clear protection laws and related enforcement
• Maintain and report traffic data to guidance to the public concerning motor activities;
the SHSO and other appropriate vehicle occupant protection systems. • Routine monitoring of citation rates
repositories, including the FBI Uniform This legal framework should include: for non-use of safety belts and child
Crime Reports, FMCSA’s SAFETYNET • Legislation permitting primary safety seats;
system and annual statewide reports. enforcement that requires all motor • Use of National Child Passenger
vehicle occupants to use systems Safety Certification (basic and in-
cprice-sewell on PROD1PC66 with NOTICES

Highway Safety Program Guideline provided by the vehicle manufacturer; service) for law enforcement officers.
Occupant Protection • Legislation permitting primary • Utilization of Law Enforcement
enforcement that requires that children Liaisons (LELs), for activities such as
Guideline No. 20 birth to 16 years old (or the State’s promotion of national and local
Each State, in cooperation with its driving age) be properly restrained in an mobilizations and increasing law
political subdivisions and tribal appropriate child restraint system (i.e., enforcement participation in such

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
6842 Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices

mobilizations and collaboration with that provide clear guidance to the VI. Outreach Program
local chapters of police groups and motoring public concerning occupant
Each State should encourage
associations that represent diverse protection for children. Each State
extensive statewide and community
groups (e.g., NOBLE, HAPCOA) to gain should require that children birth to 16
involvement in occupant protection
support for enforcement efforts. years old (or the State’s driving age) be
education by involving individuals and
properly restrained in the appropriate
IV. Communication Program organizations outside the traditional
child restraint system or safety belt.
As part of each State’s communication Gaps in State child passenger safety and highway safety community.
program, the State should enlist the safety belt laws should be closed to Representation from the health,
support of a variety of media, including ensure that all children are covered in business and education sectors, and
mass media, to improve public all seating positions, with requirements from diverse populations, within the
awareness and knowledge and to for age-appropriate child restraint use. community should be encouraged.
support enforcement efforts about safety Key provisions of the law should Community involvement should
belts, air bags, and child safety seats. To include: driver responsibility for broaden public support for the State’s
sustain or increase rates of safety belt ensuring that children are properly programs and increase a State’s ability
and child safety seat use, a well restrained; proper restraint of children to deliver highway safety education
organized, effectively managed under 13 years of age in the rear seat programs. To encourage statewide and
communication program should: (unless all available rear seats are community involvement, States should:
• Identify specific audiences (e.g., occupied by younger children); a ban of • Establish a coalition or task force of
low belt use, high-risk motorists) and passengers from the cargo areas of light individuals and organizations to
develop messages appropriate for these trucks; and a limit on the number of actively promote use of occupant
audiences; passengers based on the number of protection systems;
• Address the enforcement of the available safety belts in the vehicle. To • Create an effective communications
State’s safety belt and child passenger achieve these objectives, State occupant network among coalition members to
safety laws; the safety benefits of protection programs for children keep members informed about issues;
regular, correct safety belt (both manual should: • Provide culturally relevant
and automatic) and child safety seat use; • Collect and analyze key data materials and resources necessary to
and the additional protection provided elements in order to evaluate the conduct occupant protection education
by air bags; program progress; programs, especially directed toward
• Capitalize on special events, such • Assure that adequate and accurate young people, in local settings; and
as nationally recognized safety and training is provided to the professionals • Provide materials and resources
injury prevention weeks and local who deliver and enforce the occupant necessary to conduct occupant
enforcement campaigns; protection programs for parents and protection education programs,
• Provide materials and media caregivers; especially directed toward specific
campaigns in more than one language as • Assure that the capability exists to cultural or otherwise diverse
necessary; train and retain nationally certified populations represented in the State and
• Use national themes and materials; child passenger safety technicians to in its political subdivisions.
• Participate in national programs to address attrition of trainers or changing States should undertake a variety of
increase safety belt and child safety seat public demographics; outreach programs to achieve statewide
use and use law enforcement as the • Promote the use of child restraints and community involvement in
State’s contribution to obtaining and assure that a plan has been occupant protection education, as
national public awareness through developed to provide an adequate described below. Programs should
concentrated, simultaneous activity; number of inspection stations and include outreach to diverse populations,
• Utilize paid media, as appropriate; clinics, which meet minimum quality health and medical communities,
• Publicize safety belt use surveys criteria; schools and employers.
and other relevant statistics; • Maintain a strong law enforcement
• Encourage news media to report program that includes vigorous A. Diverse Populations
safety belt use and non-use in motor enforcement of the child occupant Each State should work closely with
vehicle crashes; protection laws; individuals and organizations that
• Involve media representatives in • Enlist the support of the media to
represent the various ethnic and
planning and disseminating increase public awareness about child
cultural populations reflected in State
communication campaigns; occupant protection laws and the use of
demographics. Individuals from these
• Encourage private sector groups to child restraints. Strong efforts should be
groups might not be reached through
incorporate safety belt use messages into made to reach underserved populations;
• Assure that the child occupant traditional communication markets.
their media campaigns;
Community leaders and representatives
• Utilize and involve all media protection programs at the local level
are periodically assessed and that from the various ethnic and cultural
outlets: television, radio, print, signs,
programs are designed to meet the groups and organizations will help
billboards, theaters, sports events,
unique demographic needs of the States to increase the use of child safety
health fairs; and
• Evaluate all communication community; seats and safety belts. The State should:
campaign efforts. • Establish the infrastructure to • Evaluate the need for, and provide,
systematically coordinate the array of if necessary, materials and resources in
V. Occupant Protection for Children child occupant protection program multiple languages;
cprice-sewell on PROD1PC66 with NOTICES

Program components; and • Collect and analyze data on


Each State should enact occupant • Encourage law enforcement fatalities and injuries in diverse
protection laws that require the correct participation in the National Child communities;
restraint of all children, in all seating Passenger Safety Certification (basic and • Ensure representation of diverse
positions and in every vehicle. in-service) training for law enforcement groups on State occupant protection
Regulations and policies should exist officers. coalitions and other work groups;

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Notices 6843

• Provide guidance to grantees on • Encourage active promotion of number of safety belt and child
conducting outreach in diverse regular safety belt use through passenger safety citations and
communities; classroom and extracurricular activities convictions;
• Utilize leaders from diverse as well as in school-based health clinics; • Evaluate the use of program
communities as spokespeople to and resources and the effectiveness of
promote safety belt use and child safety • Work with School Resource Officers existing general communication as well
seats; and (SROs) to promote safety belt use among as special/high-risk population
• Conduct outreach efforts to diverse high school students; education programs;
organizations and populations during • Establish and enforce written • Obtain data on morbidity, as well as
law enforcement mobilization periods. school policies that require students the estimated cost of crashes, and
B. Health and Medical Communities driving to and from school to wear determine the relation of injury to safety
safety belts. Violation of these policies belt use and non-use; and
Each State should integrate occupant should result in revocation of parking or • Ensure that evaluation results are
protection into health programs. The other campus privileges for a stated an integral part of new program
failure of drivers and passengers to use period of time. planning and problem identification.
occupant protection systems is a major
public health problem that must be D. Employers Dated: February 3, 2006.
recognized by the medical and health Each State and local subdivision Marilena Amoni,
care communities. The SHSO, the State should encourage all employers to Associate Administrator, Program
Health Department and other State or require safety belt use on the job as a Development and Delivery, NHTSA.
local medical organizations should condition of employment. Private sector [FR Doc. 06–1204 Filed 2–8–06; 8:45 am]
collaborate in developing programs that: employers should follow the lead of BILLING CODE 4910–59–P
• Integrate occupant protection into Federal and State government
professional health training curricula employers and comply with Executive
and comprehensive public health Order 13043, ‘‘Increasing Seat Belt Use DEPARTMENT OF TRANSPORTATION
planning; in the United States’’ as well as all
• Promote occupant protection applicable Federal Motor Carrier Safety
Surface Transportation Board
systems as a health promotion/injury Administration (FMCSA) Regulations or [STB Docket No. AB–31 (Sub-No. 40X)]
prevention measure; Occupational Safety and Health
• Require public health and medical Grand Trunk Western Railroad
Administration (OSHA) regulations
personnel to use available motor vehicle Incorporated—Abandonment—
requiring private business employees to
occupant protection systems during Exemption in Genesee County, MI
work hours; use safety belts on the job. All
• Provide technical assistance and employers should:
Grand Trunk Western Railroad
education about the importance of • Establish and enforce a safety belt
Incorporated (GTW) has filed a notice of
motor vehicle occupant protection to use policy with sanctions for non-use;
exemption under 49 CFR 1152 Subpart
primary caregivers (e.g., doctors, nurses, and
• Conduct occupant protection F–Exempt Abandonments to abandon
clinic staff); its line of railroad, the Flint Old Main,
• Include questions about safety belt education programs for employees on
their safety belt use policies and the between milepost 265.3 and milepost
use in health risk appraisals; 267.5, in Flint, Genesee County, MI, a
• Utilize health care providers as safety benefits of motor vehicle
occupant protection devices. distance of 2.2 miles. The line traverses
visible public spokespeople for safety United States Postal Service Zip Codes
belt use and child safety seat use; VII. Data and Program Evaluation 48503, 48507, and 48532.
• Provide information about the GTW has certified that: (1) No local
availability of child safety seats at, and Each State should access and analyze
reliable data sources for problem traffic has moved over the line for at
integrate child safety seat inspections
identification and program planning. least 2 years; (2) there is no overhead
into, maternity hospitals and other
Each State should conduct several traffic to be rerouted; (3) no formal
prenatal and natal care centers; and
• Collect, analyze and publicize data different types of evaluation to complaint filed by a user of rail service
on additional injuries and medical effectively measure progress and to plan on the line (or by a state or local
expenses resulting from non-use of and implement new program strategies. government entity acting on behalf of
occupant protection devices. Program management should: such user) regarding cessation of service
• Conduct and publicize at least one over the line either is pending with the
C. Schools statewide observational survey of safety Surface Transportation Board or with
Each State should encourage local belt and child safety seat use annually, any U.S. District Court or has been
school boards and educators to making every effort to ensure that it decided in favor of complainant within
incorporate occupant protection meets current, applicable Federal the 2-year period; and (4) the
education into school curricula. The guidelines; requirements at 49 CFR 1105.7
SHSO in cooperation with the State • Maintain trend data on child safety (environmental reports), 49 CFR 1105.8
Department of Education should: seat use, safety belt use and air bag (historic reports), 49 CFR 1105.11
• Ensure that highway safety and deployment in fatal crashes; (transmittal letter), 49 CFR 1105.12
traffic-related injury control, in general, • Identify high-risk populations (newspaper publication), and 49 CFR
and occupant protection, in particular, through observational usage surveys and 1152.50(d)(1) (notice to governmental
are included in the State-approved K–12 agencies) have been met.
cprice-sewell on PROD1PC66 with NOTICES

crash statistics;
health and safety education curricula • Conduct and publicize statewide As a condition to this exemption, any
and textbooks; surveys of public knowledge and employee adversely affected by the
• Establish and enforce written attitudes about occupant protection abandonment shall be protected under
policies requiring that school employees laws and systems; Oregon Short Line R. Co.—
use safety belts when operating a motor • Obtain monthly or quarterly data Abandonment—Goshen, 360 I.C.C. 91
vehicle on the job; and from law enforcement agencies on the (1979). To address whether this

VerDate Aug<31>2005 13:56 Feb 08, 2006 Jkt 208001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1