Alcohol Open Container Requirements


To encourage States to enact and enforce an alcohol open container law.

General information about this opportunity
Last Known Status
Program Number
Federal Agency/Office
National Highway Traffic Safety Administration, Department of Transportation
Type(s) of Assistance Offered
A - Formula Grants; B - Project Grants
Program Accomplishments
Fiscal Year 2016 2016: States receiving these penalty transfer funds are designated for alcohol impaired driving programs and are subject to 23 U.S.C. Section 402. They could spend their funds on impaired driving countermeasures, including paid media to support alcohol impaired driving countermeasures, and enforcement of laws prohibiting driving while intoxicated, driving under the influence, or other related laws or regulations, including the purchase of equipment, training of officers, and the use of additional personnel for specific alcohol impaired driving countermeasures.
Fiscal Year 2017 The Louisiana Highway Safety Commission provided Section 154 grant funds to support the forensic analysis of DWI cases in communities across 29 parishes in northern Louisiana.
Fiscal Year 2018 States receiving these funds must use it for any alcohol impaired driving related countermeasures under Section 402.
Highway Safety Act of 1998, as amended, 23 U.S.C. 154
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
States, the District of Columbia, and Puerto Rico.
Beneficiary Eligibility
State Highway Safety agencies.
If a State has not enacted and is not enforcing an Open Container Law, then a State is subject to the penalty transfer program. After being informed by NHTSA that it is subject to the penalty transfer, the State submits to the agency a split letter advising the agency of the intent to split funds between alcohol programs or hazard elimination programs (FHWA).
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.
Application Procedure
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Office of Regional Operations and Program Delivery coordinates the transfer penalty funding process with the Federal Highway Administration. This program is eligible for coverage under Executive Order 12372, Intergovernmental Review of Federal Programs.
Award Procedure
Once the State provides the agency with a split letter to NHTSA, the State will be given access to the transfer and can obligate the funds.
Not applicable.
Approval/Disapproval Decision Time
Not applicable.
Not applicable.
Not applicable.
How are proposals selected?
Not applicable.
How may assistance be used?
Funds transferred from NHTSA must be used for alcohol-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence DUI) and other related laws. A State may elect to use all or part of its transferred funds for activities eligible under Section 154 Hazard Elimination program.
What are the requirements after being awarded this opportunity?
Not applicable.
Not applicable.
The project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables.
Other Assistance Considerations
Formula and Matching Requirements
Statutory Formula: Title 23 Chapter 1270

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
Length and Time Phasing of Assistance
The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended. Method of awarding/releasing assistance: Lump.
Who do I contact about this opportunity?
Regional or Local Office
See Appendix IV of the Catalog for the addresses of the Regional Offices of NHTSA.
Headquarters Office
Jamie D.Pfister
1200 New Jersey Avenue, S.E., NRO-010
Washington, DC 20590 US
Phone: (202) 366-5424
Website Address
Financial Information
Account Identification
(Formula Grants (Apportionments)) FY 18$42,058,790.00; FY 19 est $42,058,790.00; FY 20 Estimate Not Available FY 17$43,071,086.00; FY 16$0.00; -
Range and Average of Financial Assistance
Regulations, Guidelines and Literature
23 CFR 1270.
Examples of Funded Projects
Fiscal Year 2016 1. Impaired driving countermeasures 2. Enforcement of laws prohibiting driving while intoxicated and 3. Driving under the influence
Fiscal Year 2017 Section 154 funds must be solely used for alcohol-impaired driving countermeasures permissible under NHTSA's S. 402 State and Community Highway Safety formula grant program or for FHWA's Highway Safety Improvement Program (HSIP) eligible activities (hazard elimination). For example, in FY 2017, Louisiana's Highway Safety Commission provided S. 154 grant funds to support the forensic analysis of DWI cases in communities across 29 parishes in northern Louisiana.


Federal Grants Resources