PART 1208—NATIONAL MINIMUM DRINKING AGE Authority: 23 U.S.C. 158; delegation of authority at 49 CFR 1.48 and 1.50. Source: 51 FR 10380, Mar. 26, 1986, unless otherwise noted. § 1208.1 Scope. This part prescribes the requirements necessary to implement 23 U.S.C. 158, which establishes the National Minimum Drinking Age. § 1208.2 Purpose. The purpose of this part is to clarify the provisions which a State must have incorporated into its laws in order to prevent the withholding of Federal-aid highway funds for noncompliance with the National Minimum Drinking Age. § 1208.3 Definitions. As used in this part: Alcoholic beverage Public possession de facto Purchase § 1208.4 Adoption of National Minimum Drinking Age. The Secretary shall withhold ten percent of the amount required to be apportioned to any State under each of §§ 104(b)(1), 104(b)(2), 104(b)(5) and 104(b)(6) of title 23 U.S.C. on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful. [60 FR 66076, Dec. 21, 1995] § 1208.5 Unavailability of withheld funds. Funds withheld under § 1208.4 from apportionment to any State will not be available for apportionment to the State. [60 FR 66076, Dec. 21, 1995] § 1208.6 Procedures affecting States in noncompliance. (a) Every fiscal year, each State determined to be in noncompliance with the National Minimum Drinking Age, based on NHTSA's and FHWA's preliminary review of its statutes for compliance or non-compliance, will be advised of the funds expected to be withheld under § 1208.4 from apportionment, as part of the advance notice of apportionments required under 23 U.S.C. 104(e), normally not later than ninety days prior to final apportionment. (b) If NHTSA and FHWA determine that the State is in noncompliance with the National Minimum Drinking Age based on their preliminary review, the State may, within 30 days of its receipt of the advance notice of apportionments, submit documentation showing why it is in compliance. Documentation shall be submitted to the National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (c) Every fiscal year, each State determined to be in noncompliance with the National Minimum Drinking Age, based on NHTSA's and FHWA's final determination of compliance or noncompliance, will receive notice of the funds being withheld under § 1208.4 from apportionment, as part of the certification of apportionments required under 23 U.S.C. 104(e), which normally occurs on October 1 of each fiscal year. [53 FR 31322, Aug. 18, 1988. Redesignated at 60 FR 66076, Dec. 21, 1995, as amended at 74 FR 28442, June 16, 2009]