[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Rules and Regulations]
[Pages 62260-62261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30655]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 657
RIN 2125-AE20
Truck Size and Weight; Office of Management and Budget Control
Number and Expiration Date
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: This document adopts a technical amendment to the regulations
at 23 CFR part 657 to provide the Office of Management and Budget (OMB)
control number for the Federal Highway Administration's (FHWA)
collection of information from the States about their size and weight
enforcement programs and explains the significance of referencing that
number in 23 CFR part 657.
EFFECTIVE DATE: November 21, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Tom Klimek, Office of Motor
Carrier Information Analysis, (202) 366-2212, or Mr. Charles Medalen,
Office of the Chief Counsel, (202) 366-1354, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office
hours are from 7:45 a.m. to 4:15 p.m., e.s.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Federal law requires each State to certify
to the Secretary of Transportation before January 1 of each year that
it is enforcing: (1) Federal law regarding (i) vehicle weight on the
Interstate System and (ii) vehicle size on the former Federal-aid
primary, secondary and urban systems; and (2) State size and weight
laws on the former Federal-aid primary, secondary and urban systems [23
U.S.C. 141(a)].
[[Page 62261]]
If the weight laws that apply on the Interstate System in a State
are not consistent with the Federal standard [23 U.S.C. 127], the State
is subject to the withholding of its National Highway System (NHS)
funds. If the size laws that apply on the former Federal-aid systems
mentioned above (now designated the National Network [NN] for trucks)
are not consistent with the Federal standard [49 U.S.C. 31111-31114],
the State is subject to injunctive action in Federal court. If the
State does not file a certification at all, or if the certification
fails to demonstrate adequate enforcement of State size and weight
laws, the Federal-aid funds that would otherwise be apportioned under
23 U.S.C. 104 must be reduced by 10 percent [23 U.S.C. 141(b)(2)].
The FHWA regulations implement these statutory mandates by
requiring each State annually to file: (1) an enforcement plan setting
forth measurable goals; and (2) a certification that discusses the
consistency of State law with Federal requirements and the State's
success in achieving its enforcement goals for the previous fiscal year
(23 CFR part 657).
Under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.],
regulations which impose an information collection requirement must be
authorized by the Office of Management and Budget (OMB). The
information collection requirements of 23 CFR part 657 are currently
authorized under OMB Control Number 2125-0034, which is valid until May
31, 2000. The FHWA, however, inadvertently failed to list the control
number in part 657 or to inform the States of its legal significance,
as required by OMB rules [5 CFR 1320.5(b)]. When a currently valid OMB
control number is not displayed, failure to submit to the FHWA an
annual enforcement plan or certification with the form and content
specified by part 657 would not be grounds for withholding 10 percent
of a State's Federal-aid highway funds [44 U.S.C. 3512(a)]. The
reporting requirement [23 U.S.C. 141(a)-(b)] would remain in effect,
but any kind of ``certification'' that met the terms of the statute
would be adequate.
The FHWA is therefore amending 23 CFR part 657 to add a note at the
end stating that the information collection requirements of that part
have been approved by OMB. The agency has held OMB approvals for the
information collection requirements associated with part 657 since the
Paperwork Reduction Act became effective. The FHWA finds good cause
pursuant to 5 U.S.C. 553(b) to dispense with prior notice and an
opportunity for public comment on this document. Part 657 was adopted
through notice and comment rulemaking, and the FHWA applied for and
received the OMB control number in the normal manner. This amendment
simply displays the control number, as required by OMB rules, and is
not separately subject to notice and comment rulemaking procedures. The
agency also finds good cause under 5 U.S.C. 553(d)(3), for the reasons
given above, to make this amendment to part 657 final upon publication
in the Federal Register.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is neither a significant
regulatory action within the meaning of Executive Order 12866 nor
significant within the meaning of Department of Transportation
regulatory policies and procedures. It merely adds the OMB control
number to the regulations requiring States to submit information about
their size and weight programs. It is anticipated that the economic
impact of this rulemaking will be minimal; therefore, a full regulatory
evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on
small entities. Since it deals with regulations applicable to the
States, it should have no effect on any small entities. Based on this
evaluation, the FHWA hereby certifies that this action will not have a
significant economic impact on a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that it does not have sufficient federalism implications to warrant the
preparation of a federalism assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
The information collection requirements necessary for States to be
able to certify that they are enforcing their size and weight laws, as
provided in 23 CFR 657, have been approved by the OMB under control
number OMB 2125-0034 in accordance with the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq. The approval expires on May 31, 2000.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulatory identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN number contained in the
heading of this document can be used to cross-reference this action
with the Unified Agenda.
List of Subjects 23 CFR 657
Grant programs--transportation, Highways and roads, Motor carrier
size and weight.
Issued on: November 7, 1997.
Gloria J. Jeff,
Acting Administrator.
In consideration of the foregoing, the FHWA amends title 23 CFR
part 657 as set forth below:
PART 657--[AMENDED]
1. The authority citation for 23 CFR part 657 is revised to read as
follows:
Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689; 23 U.S.C.
127, 141, and 315; 49 U.S.C. 31111, 31113, and 31114; sec. 1023,
Pub. L. 102-240, 105 Stat. 1914; and 49 CFR 1.48(b)(19), (b)(23),
(c)(1), and (c)(19).
2. Part 657 is amended by adding the following note:
Note: The recordkeeping requirements contained in this part have
been approved by the Office of Management and Budget under control
number 2125-0034.
[FR Doc. 97-30655 Filed 11-20-97; 8:45 am]
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