[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Rules and Regulations]
[Pages 32229-32230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11961]

[[Page 32229]]



Federal Highway Administration

23 CFR Part 669

[FHWA Docket No. FHWA-2016-0004]
RIN 2125-AF71

Heavy Vehicle Use Tax; Technical Correction

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Final rule.


SUMMARY: This rule makes a technical correction to the regulations that 
govern the enforcement of the Heavy Vehicle Use Tax. The amendments 
contained herein make no substantive changes to FHWA regulations, 
policies, or procedures. The current regulation references a section of 
the United States Code that was later amended by the Moving Ahead for 
Progress in the 21st Century Act (MAP-21).

DATES: This rule is effective June 22, 2016.

FOR FURTHER INFORMATION CONTACT: Michael Dougherty, Office of Highway 
Policy Information, telephone 202-366-9234 or email at 
[email protected]; or William Winne, Office of the Chief 
Counsel, telephone 202-366-1397 or email at [email protected]. Both 
are located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office 
hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through 
Friday, except Federal holidays.


Electronic Access

    An electronic copy of this document may be downloaded by accessing 
the Office of the Federal Register's home page at: http://www.archives.gov or the Government Printing Office's Web page at: 


    This rulemaking makes technical corrections to the regulations that 
govern policies and procedures relating to the enforcement of the Heavy 
Vehicle Use Tax found at 23 CFR part 669. In the final rule published 
in the Federal Register on July 26, 2010 (75 FR 43409), FHWA referenced 
23 U.S.C. 104(b)(4) in 23 CFR 669.13 and 669.19, which at that time 
governed the effect of failure to certify or to adequately obtain 
proof-of-payment and the reservation and reapportionment of funds. 
Section 1404(d)(2) of MAP-21 (PL 112-141), enacted in 2012, amended 
that section and inserted revised language governing the Heavy Vehicle 
Use Tax at 23 U.S.C. 104(b)(1). As a result of the language in MAP-21, 
the penalty for States for non-compliance with the proof of payment 
requirements of the Federal Heavy Vehicle Use Tax at the time of State 
registration was amended. The penalty computation was amended by 
statute to eight percent of the amount apportioned in any fiscal year 
beginning after September 30, 1984 (23 U.S.C. 104(b)(1)) as was 
reference to the amended portion of the statute at section 104(b)(1).
    However, the regulations in 23 CFR part 669 have several references 
to the old statute at 23 U.S.C. 104(b)(4) and also suggest the penalty 
is 25 percent rather than 8 percent. As such, references in 23 CFR 
669.13 and 669.19 to 23 U.S.C. 104(b)(4) cause confusion. These 
amendments will direct readers of 23 CFR 669 to the proper section of 
23 U.S.C.
    Finally, the authority citation for part 669 will be updated to 
reflect ministerial changes in the numbering of FHWA delegations of 
authority made with the publication of the final rule on Organization 
and Delegation of Powers and Duties on August 17, 2012 (77 FR 49964, 
49981). The current regulation cites authority contained in 49 CFR 
1.48. The location of those sections describing delegations to the 
Federal Highway Administrator are now found at 49 CFR 1.85.
    The 2012 change in location within the CFR is ministerial in nature 
and pertains to DOT management and organization. Amendment of the 
section identifying the authority for part 669 will direct readers to 
the proper section of 49 CFR.

Rulemaking Analyses and Notice

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. The FHWA finds that notice and comment for this 
rule is unnecessary and contrary to the public interest because it will 
have no substantive impact, is technical in nature, and relates only to 
management, organization, procedure, and practice. The amendments to 
the rule are based upon the explicit language of statutes that were 
enacted subsequent to the promulgation of the rule. The FHWA does not 
anticipate receiving meaningful comments on it. State and local 
governments rely upon the regulations corrected by this action. These 
corrections will reduce confusion for these entities and should not be 
unnecessarily delayed. Accordingly, for the reasons listed above, FHWA 
finds good cause under 5 U.S.C. 553(b)(3)(B) to waive notice and 
opportunity for comment.

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    The FHWA has determined that this final rule is not a significant 
regulatory action within the meaning of Executive Orders 12866 or 
significant within the meaning of DOT regulatory policies and 
procedures. This action complies with Executive Orders 12866 and 13563 
to improve regulation. It is anticipated that the economic impact of 
this rulemaking will be minimal. This final rule only makes minor 
corrections that will not alter the regulatory effect of 23 CFR 669. 
Thus, the final rule will not adversely affect, in a material way, any 
sector of the economy. In addition, these changes will not interfere 
with any action taken or planned by another agency and will not 
materially alter the budgetary impact of any entitlements, grants, user 
fees, or loan programs.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354), 
FHWA has evaluated the effects of this action on small entities and has 
determined that the action will not have a significant economic impact 
on a substantial number of small entities. The final rule will not make 
any substantive changes to our regulations or in the way that our 
regulations affect small entities; it merely corrects technical errors. 
For this reason, FHWA certifies that this action will not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This final rule 
does not impose any requirements on State, local, or tribal 
governments, or the private sector and, thus, will not require those 
entities to expend any funds.

Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132. The FHWA has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment. The 
FHWA has also determined that this final rule does not preempt any

[[Page 32230]]

State law or State regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to these programs.

Paperwork Reduction Act

    This final rule does not create any new information collection 
requirements for which submission to the Office of Management and 
Budget would be needed under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520).

National Environmental Policy Act

    The FHWA has analyzed this final rule for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action will not have any effect on the quality of 
the environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this final rule under Executive Order 13175. 
The FHWA concluded that the final rule will not have substantial direct 
effects on one or more Indian tribes; will not impose substantial 
direct compliance costs on Indian tribal government; and will not 
preempt tribal law. There are no requirements set forth in the final 
rule that directly affect one or more Indian tribes. Therefore, a 
tribal summary impact statement is not required.

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988 to minimize litigation, eliminate ambiguity, 
and reduce burden.

Executive Order 13045 (Protection of Children)

    Under Executive Order 13045 this final rule is not economically 
significant and does not involve an environmental risk to health and 
safety that may disproportionally affect children.

Executive Order 12630 (Taking of Private Property)

    This final rule will not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630.

Executive Order 13211 (Energy Effects)

    This final rule has been analyzed under Executive Order 13211. The 
FHWA has determined that it is not a significant energy action under 
that order because it is not a significant regulatory action under 
Executive Order 12866 and this final rule is not likely to have a 
significant adverse effect on the supply, distribution, or use of 

Regulation Identification Number

    A regulation 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 RINs contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 669

    Excise taxes, Grant programs-transportation, Highways and roads, 
Motor vehicles.

    Issued on: May 13, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.

    In consideration of the foregoing, 23 CFR part 669 is amended as 
set forth below.


1. Revise the authority citation for part 699 to read as follows:

    Authority: 23 U.S.C. 141(c) and 315; 49 CFR 1.85.

2. Revise Sec.  669.13 to read as follows:

Sec.  669.13  Effect of failure to certify or to adequately obtain 

    If a State fails to certify as required by this regulation or if 
the Secretary of Transportation determines that a State is not 
adequately obtaining proof-of-payment of the heavy vehicle use tax as a 
condition of registration notwithstanding the State's certification, 
Federal-aid highway funds apportioned to the State under 23 U.S.C. 
104(b)(1) for the next fiscal year shall be reduced in an amount up to 
8 percent as determined by the Secretary.

3. Amend Sec.  669.19 by revising paragraph (a) and the first sentence 
of paragraph (b) to read as follows:

Sec.  669.19  Reservation and reapportionment of funds.

    (a) The Administrator may reserve from obligation up to 8 percent 
of a State's apportionment of funds under 23 U.S.C. 104(b)(1), pending 
a final determination.
    (b) Funds withheld pursuant to a final administrative determination 
under this regulation shall be reapportioned to all other eligible 
States pursuant to the formulas of 23 U.S.C. 104(b)(1) and the 
apportionment factors in effect at the time of the original 
apportionments, unless the Secretary determines, on the basis of 
information submitted by the State, that the state has come into 
conformity with this regulation prior to the final determination. * * *
* * * * *
[FR Doc. 2016-11961 Filed 5-20-16; 8:45 am]