Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act 1995 (44 USC

Chapter 35), this notice announces that the Information Collection

Request (ICR) abstracted below has been forwarded to the Office of

Management and Budget (OMB) for review and comment. The ICR describes

the nature of the information collection and its expected burden. The

Federal Register Notice with a 60-day comment period soliciting

comments on the following collection of information was published on

February 17, 1998 [63 FR 7849-7850].

DATES: Comments must be submitted on or before July 27, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Arlene Kennedy, Office of

Information Services, (202) 366-9458, Department of Transportation,

Federal Highway Administration, 400 Seventh Street, SW., Washington, DC

20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Federal Highway Administration (FHWA)

Title: Certification of Enforcement of the Heavy Vehicle Use Tax.

OMB Number: 2125-0541.

Type of Request: Extension of a currently approved collection.

Form(s): N/A

Affected Public: State highway agencies.

Abstract: Title 23, United States Code, Section 141(d), provides

that a State's apportionment of funds under 23 U.S.C. 104(b)(5) shall

be reduced in an amount up to 25 percent of the amount to be

apportioned during any fiscal year beginning after September 30, 1984,

if vehicles subject to the Federal heavy vehicle use tax are lawfully

registered in the State without having presented proof of payment of

the tax. The annual certification of collection of the heavy vehicle

use tax submitted by each State serves as the primary means of

determining State compliance with 23 U.S.C. 141(d) by the FHWA. Under

the rulemaking authority granted to the Secretary of Transportation by

23 U.S.C. 315, the FHWA has determined that an annual certification of

compliance by each State is the least obtrusive means of administering

the provisions of the legislative mandate.

Evidence of compliance with 23 U.S.C. 141(d) is comprised of two

elements: reporting and recordkeeping. The reporting element consists

of a simple certification submitted to FHWA on an annual basis by the

State's Governor or designated official. The recordkeeping element

consists of a one-year retention of Schedule 1, Form 2290, by the

States (or other suitable alternative provided by regulation).

Compliance reviews are periodically conducted by FHWA to determine

if the certification is adequate to ensure effective administration of

23 U.S.C.141(d).

The certification requirement is the critical factor in

establishing a manageable and reasonable procedure for determining

State compliance with the statute. Without annual certification and

supporting records, determinations of compliance would involve frequent

reviews of State registration procedures and practices and would

clearly be an obtrusive Federal presence in State programs.

Estimated Annual Burden Hours: 612.

ADDRESSES: Send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725-17th Street, NW.,

Washington, DC 20503, Attention FHWA Desk Officer. Comments are invited

on: whether the proposed collection of information is necessary for the

proper performance of the functions of the Department, including

whether the information will have practical utility; the accuracy of

the Department's estimate of the burden of the proposed information

collection; ways to enhance the quality, utility and clarity of the

information to be collected; and ways to minimize the burden of the

collection of information on respondents, including the use of

automated collection techniques or other forms of information

technology.

A comment to OMB is best assured of having its full effect if OMB

receives it within 30 days of publication.

[[Page 34955]]

Issued in Washington, DC, on June 22,1998.

Vanester M. Williams,

Clearance Officer, United States Department of Transportation

[FR Doc. 98-17068 Filed 6-25-98; 8:45 am]

BILLING CODE 4910-62-P