Notice of Request for Renewal of an Existing Information Collection

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. 98-3321]

Notice of Request for Renewal of an Existing Information

Collection

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirement of section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995, this notice announces the

intention of the FHWA to request the Office of Management and Budget

(OMB) to renew the information collection identified below under

supplementary information.

DATES: Comments must be submitted on or before April 20, 1998.

ADDRESSES: All signed, written comments should refer to the docket

number that appears in the heading of this document and must be

submitted to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400

Seventh Street, SW., Washington, DC 20590-0001. All comments received

will be available for examination at the above address between 10:00

a.m. and 5:00 p.m., e.t., Monday through Friday, except Federal

holidays. Those desiring notification of receipt of comments must

include a self-addressed, stamped postcard/envelope.

Interested parties are invited to send comments regarding any

aspect of this information collection, including, but not limited to:

(1) the necessity and utility of the information collection for the

proper performance of the functions of the FHWA; (2) the accuracy of

the estimated burden; (3) ways to enhance the quality, utility, and

clarity of the collected information; and (4) ways to minimize the

collection burden without reducing the quality of the collected

information. Comments submitted in response to this notice will be

summarized and/or included in the request for OMB renewal of this

information collection.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph Erickson, Office of Highway

Information Management, 202-366-0170, or Charles Medalen, Office of

Chief Counsel, 202-366-1354, Federal Highway Administration, Department

of Transportation, 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:

Title: Certification of Enforcement of the Heavy Vehicle Use Tax

[[Page 7850]]

OMB Number: 2125-0541.

Background: 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.

Respondents: State highway agencies.

Estimated Annual Burden on Respondents: 12 hours per respondent.

Estimated Total Annual Burden: 624 hours.

Authority: 23 U.S.C. 141(d); 23 CFR 669.

Issued: February 6, 1998.

George Moore,

Associate Administrator for Administration.

[FR Doc. 98-3788 Filed 2-13-98; 8:45 am]

BILLING CODE 4910-22-P