[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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