Code of Federal Regulations (alpha)

CFR /  Title 23  /  Part 1240  /  Sec. 1240.15 Allocations.

(a) Funds allocated under this part shall be available for any projects eligible for assistance under title 23, United States Code.

(b) Not later than 25 days after notification under Sec. 1240.14(b) of this part, the Governor's Representative for Highway Safety and the Secretary of the State's Department of Transportation for each State that receives notification shall jointly identify, in writing to the appropriate NHTSA Regional Administrator and FHWA Division Administrator, the amounts of the State's proposed allocations that will be used in highway safety programs and in Federal-aid highway programs.

(c) On or about October 1, 1998, and each October 1 thereafter, the funds to which a State is entitled under this part will be allocated in the proportions identified by the State under paragraph (b) of this section, reduced proportionately across all States if the allocations would, in the aggregate, exceed total obligation limitations applicable to 23 U.S.C. 157.

(d) Thereafter, each State shall identify specific NHTSA program areas and FHWA projects for which the allocated funds will be used. Sec. Appendix A to Part 1240--Adjustment Procedures for State-Submitted

Information (Calendar Years 1996 and 1997)

A. In States where State-submitted information on seat belt use rates does not include data for Front outboard occupants in passenger motor vehicles (FOPV), an adjustment will be made based on the national ratio of seat belt use rates for FOPV to the seat belt use rate for the group of occupants and vehicles that were included in the State-submitted information. The national seat belt use rates will be derived from the most recent National Occupant Protection Use Survey (NOPUS). For each affected State, the adjustment will be made by dividing the NOPUS seat belt use rate for FOPV by the NOPUS seat belt use rate for the surveyed group, or the seat belt use rate for the closest available group to the surveyed group. The NOPUS seat belt use rate for FOPV will be derived for each affected State by weighting the NOPUS seat belt use rates for passenger cars and for passenger motor vehicles that are not passenger cars (hereafter LTVs) by the relative number of registrations of passenger cars and LTVs in each State. This method will produce a factor which will be multiplied by the State's survey-based seat belt use rate to produce an adjusted seat belt use rate reflecting the required vehicle and occupant population.

B. The process may be expressed mathematically as follows: Ua = Us((Npc * Rpc +

Nltv * Rltv) / Ns) Where: Ua = the adjusted State seat belt use rateUs = the State-submitted seat belt use rateNpc = the national front outboard passenger car seat belt use

rate from NOPUSNltv = the national front outboard LTV seat belt use rate

from NOPUSRpc = the portion of State passenger motor vehicle

registrations that are passenger carsRltv = the portion of State passenger motor vehicle

registrations that are LTVsNs = the national seat belt use rate for the State-surveyed

vehicle and occupant population (or closest available group

from NOPUS)

Sec. Appendix B to Part 1240--Procedures for Missing or Inadequate

State-Submitted Information (Calendar Years 1996 and 1997)

A. If State-submitted seat belt use rate information is unavailable or inadequate for both calendar years 1996 and 1997, State seat belt use rates for calendars year 1996 and 1997 will be estimated based on seat belt use rates of fatally-injured occupants. Data from the Fatality Analysis Reporting System (FARS) will be translated into estimated observed seat belt use rates using an algorithm that relates historical belt use by fatally-injured occupants to observed use. \1\---------------------------------------------------------------------------

\1\ Blincoe, L.J. Estimating the Benefits of Increased Safety Belt Use. Washington, DC: U.S. Department of Transportation, NHTSA, DOT HS 808 133, June, 1994.---------------------------------------------------------------------------

B. The algorithm is as follows: u = (-.221794 + [radic].049193 + .410769F) / .456410 Where: u = the estimated observed seat belt useF = the seat belt use in potentially fatal crashes

In the above formula, F is calculated as follows: F = (f / (1 - e)) / ((f / (1 - e)) + 1 - f) Where: F = the seat belt use in potentially fatal crashese = State-specific weighted average effectiveness of seat belts in

passenger cars and passenger motor vehicles that are not

passenger carsf = State-specific seat belt use rate of fatally-injured occupants of

passenger vehicles

C. If State-submitted seat belt use rate information is available for either calendar year 1996 or 1997, but not both, a State seat belt use rate for the year for which information is missing will be estimated by calculating the percent change in the FARS-based observed seat belt use rate (derived from the above algorithm) between the two years. This factor will then be applied to the seat belt use rate from the known year to derive an estimate of the seat belt use rate for the unknown year.

Sec. Appendix C to Part 1240--Certification (Calendar Year 1998 Survey

Based on Survey Approved Under 23 U.S.C. 153)

State Certification-Calendar Year 1998 Seat Belt Use Survey

State of_______________________________________________________________

Seat Belt Use Rate Reported for Calendar Year -------- : -------- %.

In accordance with the provisions of 23 CFR 1240.12(c)(2), I hereby certify as follows:

1. The seat belt use rate reported above is based on a survey whose design was approved by NHTSA, in writing, on or after June 29, 1992, under the provisions of the grant program authorized by 23 U.S.C. 153.

2. The survey design has remained unchanged since the survey was approved (except to the extent that the requirements of paragraph 3 constitute a change).

3. The survey samples all passenger motor vehicles (including cars, pickup trucks, vans, minivans, and sport utility vehicles), measures seat belt use by all front outboard occupants in the sampled vehicles, and counts seat belt use completely within the calendar year for which the seat belt use rate is reported. ________________________________________________________________________Governor's Representative for Highway Safety ________________________________________________________________________(Date)

Sec. Appendix D to Part 1240--Determination of National Average Seat

Belt Use Rate

A. To determine the national average seat belt use rate in a calendar year, each State seat belt use rate for the calendar year will be weighted to reflect the percentage of total national vehicle miles traveled attributable to that State.

B. If a State seat belt use rate is unavailable for a State during a calendar year (either because the State did not conduct a seat belt use survey or a survey was conducted but does not comply with the Uniform Criteria for State Observational Surveys of Seat Belt Use, 23 CFR Part 1340), NHTSA will calculate a State seat belt use rate, using the last available State seat belt use rate determined under Sec. 1240.11 or Sec. 1240.12 of this part, as applicable, along with information on seat belt use rates from the FARS, and an algorithm relating FARS seat belt use rates to observed seat belt use rates (see Appendix 1, note). This procedure will produce an estimated State seat belt use rate for the unknown calendar year. The estimated State seat belt use rate will then be weighted in the manner described in paragraph A of this appendix.

C. The national average seat belt use rate for the calendar year will be determined by adding the weighted State seat belt use rates for each of the States (i.e., the national average seat belt use rate is the weighted average of all the State seat belt use rates).

D. NHTSA may elect to use a seat belt use survey that does not comply with the Uniform Criteria for State Observational Surveys of Seat Belt Use in determining the national average seat belt use rate (even though the State that submitted the survey is ineligible to receive an allocation of funds), if in NHTSA's judgment, the deficiencies in the survey are not so substantial as to render the survey less accurate than the FARS estimate.

Sec. Appendix E to Part 1240--Determination of Federal Medical Savings

A. To determine the savings to the Federal Government from reduced medical costs attributable to seat belt use, NHTSA will first estimate the impact of seat belt use on the number of fatalities and injuries, using methods described in the report ``Estimating the Benefits from Increased Safety Belt Use.'' \1\ These methods establish a relationship between the effectiveness of seat belts, current use rates, and existing injury levels to determine the impact of increasing seat belt use on motor vehicle safety. Using these methods, NHTSA will estimate the fatalities prevented and the non-fatal injuries avoided by increased seat belt use.---------------------------------------------------------------------------

\1\ Blincoe, L.J. Estimating the Benefits of Increased Safety Belt Use. Washington, DC: U.S. Department of Transportation, NHTSA, DOT HS 808 133, June, 1994.---------------------------------------------------------------------------

B. In the 1996 report ``The Economic Cost of Motor Vehicle Crashes, 1994,'' \2\ NHTSA measured both the medical costs and payment sources for motor vehicle crashes. NHTSA will adjust the national medical cost figures from this report to individual State income levels to reflect local cost levels. These per-case costs will be further adjusted for inflation, using the most recent annual average Consumer Price Index for medical care, and then multiplied by the injuries and fatalities prevented in each State to derive the total medical care savings from increased seat belt use. The Federal portion of these costs will be derived from the best available data found in the same cost report or in other sources, as they may become available.---------------------------------------------------------------------------

\2\ Blincoe, L.J. The Economic Cost of Motor Vehicle Crashes, 1994. Washington, DC: U.S. Department of Transportation, NHTSA, DOT HS 808 425, July, 1996.

SUBCHAPTER C_GENERAL PROVISIONS

PARTS 1250 1252 [RESERVED]

SUBCHAPTER D_TRANSFER AND SANCTION PROGRAMS