81 FR 32229 - Heavy Vehicle Use Tax; Technical Correction

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 99 (May 23, 2016)

Page Range		32229-32230
FR Document		2016-11961

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).

Federal Register, Volume 81 Issue 99 (Monday, May 23, 2016)

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



[[Page 32229]]

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DEPARTMENT OF TRANSPORTATION

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.

SUPPLEMENTARY INFORMATION:

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: 
http://www.gpoaccess.gov/nara.

Background

    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 
energy.

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.

PART 669--ENFORCEMENT OF HEAVY VEHICLE USE TAX

0
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.


0
2. Revise Sec.  669.13 to read as follows:


Sec.  669.13  Effect of failure to certify or to adequately obtain 
proof-of-payment.

    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.

0
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]
BILLING CODE 4910-22-P

Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 32229

DEPARTMENT OF TRANSPORTATION the Heavy Vehicle Use Tax at 23 U.S.C. the reasons listed above, FHWA finds
104(b)(1). As a result of the language in good cause under 5 U.S.C. 553(b)(3)(B)
Federal Highway Administration MAP–21, the penalty for States for non- to waive notice and opportunity for
compliance with the proof of payment comment.
23 CFR Part 669 requirements of the Federal Heavy
Executive Order 12866 (Regulatory
[FHWA Docket No. FHWA–2016–0004] Vehicle Use Tax at the time of State
Planning and Review), Executive Order
registration was amended. The penalty
RIN 2125–AF71 13563 (Improving Regulation and
computation was amended by statute to
eight percent of the amount apportioned Regulatory Review), and DOT
Heavy Vehicle Use Tax; Technical in any fiscal year beginning after Regulatory Policies and Procedures
Correction September 30, 1984 (23 U.S.C. 104(b)(1)) The FHWA has determined that this
AGENCY: Federal Highway as was reference to the amended portion final rule is not a significant regulatory
Administration (FHWA), Department of of the statute at section 104(b)(1). action within the meaning of Executive
Transportation (DOT). However, the regulations in 23 CFR Orders 12866 or significant within the
part 669 have several references to the meaning of DOT regulatory policies and
ACTION: Final rule.
old statute at 23 U.S.C. 104(b)(4) and procedures. This action complies with
SUMMARY: This rule makes a technical also suggest the penalty is 25 percent Executive Orders 12866 and 13563 to
correction to the regulations that govern rather than 8 percent. As such, improve regulation. It is anticipated that
the enforcement of the Heavy Vehicle references in 23 CFR 669.13 and 669.19 the economic impact of this rulemaking
Use Tax. The amendments contained to 23 U.S.C. 104(b)(4) cause confusion. will be minimal. This final rule only
herein make no substantive changes to These amendments will direct readers makes minor corrections that will not
FHWA regulations, policies, or of 23 CFR 669 to the proper section of alter the regulatory effect of 23 CFR 669.
procedures. The current regulation 23 U.S.C. Thus, the final rule will not adversely
references a section of the United States Finally, the authority citation for part affect, in a material way, any sector of
Code that was later amended by the 669 will be updated to reflect the economy. In addition, these changes
Moving Ahead for Progress in the 21st ministerial changes in the numbering of will not interfere with any action taken
Century Act (MAP–21). FHWA delegations of authority made or planned by another agency and will
with the publication of the final rule on not materially alter the budgetary
DATES: This rule is effective June 22,
Organization and Delegation of Powers impact of any entitlements, grants, user
2016.
and Duties on August 17, 2012 (77 FR fees, or loan programs.
FOR FURTHER INFORMATION CONTACT: 49964, 49981). The current regulation
Michael Dougherty, Office of Highway cites authority contained in 49 CFR Regulatory Flexibility Act
Policy Information, telephone 202–366– 1.48. The location of those sections In compliance with the Regulatory
9234 or email at michael.dougherty@ describing delegations to the Federal Flexibility Act (Pub. L. 96–354), FHWA
dot.gov; or William Winne, Office of the Highway Administrator are now found has evaluated the effects of this action
Chief Counsel, telephone 202–366–1397 at 49 CFR 1.85. on small entities and has determined
or email at william.winne@dot.gov. Both The 2012 change in location within that the action will not have a
are located at 1200 New Jersey Avenue the CFR is ministerial in nature and significant economic impact on a
SE., Washington, DC 20590. Office pertains to DOT management and substantial number of small entities.
hours for FHWA are from 8:00 a.m. to organization. Amendment of the section The final rule will not make any
4:30 p.m., e.t., Monday through Friday, identifying the authority for part 669 substantive changes to our regulations
except Federal holidays. will direct readers to the proper section or in the way that our regulations affect
SUPPLEMENTARY INFORMATION: of 49 CFR. small entities; it merely corrects
Electronic Access Rulemaking Analyses and Notice technical errors. For this reason, FHWA
certifies that this action will not have a
An electronic copy of this document Under the Administrative Procedure significant economic impact on a
may be downloaded by accessing the Act (5 U.S.C. 553(b)), an agency may substantial number of small entities.
Office of the Federal Register’s home waive the normal notice and comment
page at: http://www.archives.gov or the requirements if it finds, for good cause, Unfunded Mandates Reform Act of
Government Printing Office’s Web page that they are impracticable, 1995
at: http://www.gpoaccess.gov/nara. unnecessary, or contrary to the public This final rule does not impose
interest. The FHWA finds that notice unfunded mandates as defined by the
Background and comment for this rule is Unfunded Mandates Reform Act of 1995
This rulemaking makes technical unnecessary and contrary to the public (Pub. L. 104–4). This final rule does not
corrections to the regulations that interest because it will have no impose any requirements on State, local,
govern policies and procedures relating substantive impact, is technical in or tribal governments, or the private
to the enforcement of the Heavy Vehicle nature, and relates only to management, sector and, thus, will not require those
Use Tax found at 23 CFR part 669. In organization, procedure, and practice. entities to expend any funds.
the final rule published in the Federal The amendments to the rule are based
Register on July 26, 2010 (75 FR 43409), upon the explicit language of statutes Executive Order 13132 (Federalism)
FHWA referenced 23 U.S.C. 104(b)(4) in that were enacted subsequent to the This final rule has been analyzed in
23 CFR 669.13 and 669.19, which at that promulgation of the rule. The FHWA accordance with the principles and
sradovich on DSK3TPTVN1PROD with RULES

time governed the effect of failure to does not anticipate receiving criteria contained in Executive Order
certify or to adequately obtain proof-of- meaningful comments on it. State and 13132. The FHWA has determined that
payment and the reservation and local governments rely upon the this final rule does not have sufficient
reapportionment of funds. Section regulations corrected by this action. federalism implications to warrant the
1404(d)(2) of MAP–21 (PL 112–141), These corrections will reduce confusion preparation of a federalism assessment.
enacted in 2012, amended that section for these entities and should not be The FHWA has also determined that
and inserted revised language governing unnecessarily delayed. Accordingly, for this final rule does not preempt any

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32230 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations

State law or State regulation or affect the Executive Order 13211 (Energy Effects) U.S.C. 104(b)(1), pending a final
States’ ability to discharge traditional This final rule has been analyzed determination.
State governmental functions. under Executive Order 13211. The (b) Funds withheld pursuant to a final
FHWA has determined that it is not a administrative determination under this
Executive Order 12372
significant energy action under that regulation shall be reapportioned to all
(Intergovernmental Review)
order because it is not a significant other eligible States pursuant to the
The regulations implementing regulatory action under Executive Order formulas of 23 U.S.C. 104(b)(1) and the
Executive Order 12372 regarding 12866 and this final rule is not likely to apportionment factors in effect at the
intergovernmental consultation on have a significant adverse effect on the time of the original apportionments,
Federal programs and activities apply to supply, distribution, or use of energy. unless the Secretary determines, on the
these programs. basis of information submitted by the
Regulation Identification Number State, that the state has come into
Paperwork Reduction Act conformity with this regulation prior to
A regulation identification number
This final rule does not create any (RIN) is assigned to each regulatory the final determination. * * *
new information collection action listed in the Unified Agenda of * * * * *
requirements for which submission to Federal Regulations. The Regulatory [FR Doc. 2016–11961 Filed 5–20–16; 8:45 am]
the Office of Management and Budget Information Service Center publishes BILLING CODE 4910–22–P
would be needed under the Paperwork the Unified Agenda in April and
Reduction Act of 1995 (44 U.S.C. 3501– October of each year. The RINs
3520). contained in the heading of this DEPARTMENT OF JUSTICE
document can be used to cross reference
National Environmental Policy Act Bureau of Alcohol, Tobacco, Firearms,
this action with the Unified Agenda.
The FHWA has analyzed this final and Explosives
List of Subjects in 23 CFR Part 669
rule for the purpose of the National
Environmental Policy Act of 1969 (42 Excise taxes, Grant programs- 27 CFR Part 478
U.S.C. 4321–4347) and has determined transportation, Highways and roads, [Docket No. ATF 2008R–15P; AG Order No.
that this action will not have any effect Motor vehicles. 3670–2016]
on the quality of the environment. Issued on: May 13, 2016.
RIN 1140–AA38
Executive Order 13175 (Tribal Gregory G. Nadeau,
Consultation) Administrator, Federal Highway Federal Firearms License
Administration. Proceedings—Hearings
The FHWA has analyzed this final In consideration of the foregoing, 23
rule under Executive Order 13175. The AGENCY: Bureau of Alcohol, Tobacco,
CFR part 669 is amended as set forth Firearms, and Explosives (ATF),
FHWA concluded that the final rule will below.
not have substantial direct effects on Department of Justice.
one or more Indian tribes; will not PART 669—ENFORCEMENT OF ACTION: Final rule.
impose substantial direct compliance HEAVY VEHICLE USE TAX
costs on Indian tribal government; and SUMMARY: The Department of Justice is
will not preempt tribal law. There are ■ 1. Revise the authority citation for part amending the regulations of the Bureau
no requirements set forth in the final 699 to read as follows: of Alcohol, Tobacco, Firearms, and
rule that directly affect one or more Explosives (ATF) regarding
Authority: 23 U.S.C. 141(c) and 315; 49
Indian tribes. Therefore, a tribal administrative hearings held as part of
CFR 1.85.
summary impact statement is not firearms license proceedings. This rule
required. ■ 2. Revise § 669.13 to read as follows: clarifies that persons requesting a
hearing will be afforded the opportunity
Executive Order 12988 (Civil Justice § 669.13 Effect of failure to certify or to to submit facts and arguments for
Reform) adequately obtain proof-of-payment. review and consideration during the
If a State fails to certify as required by hearing, and may make offers of
This rule meets applicable standards this regulation or if the Secretary of settlement before or after the hearing.
in sections 3(a) and 3(b)(2) of Executive Transportation determines that a State is The regulations are intended to ensure
Order 12988 to minimize litigation, not adequately obtaining proof-of- that Federal firearms licensees and
eliminate ambiguity, and reduce payment of the heavy vehicle use tax as persons applying for a Federal firearms
burden. a condition of registration license are familiar with the hearing
Executive Order 13045 (Protection of notwithstanding the State’s certification, process relative to the denial,
Children) Federal-aid highway funds apportioned suspension, or revocation of a firearms
to the State under 23 U.S.C. 104(b)(1) for license, or imposition of a civil fine.
Under Executive Order 13045 this the next fiscal year shall be reduced in DATES: This rule is effective July 22,
final rule is not economically significant an amount up to 8 percent as
and does not involve an environmental 2016.
determined by the Secretary.
risk to health and safety that may FOR FURTHER INFORMATION CONTACT:
■ 3. Amend § 669.19 by revising
disproportionally affect children. Shermaine Kenner, Office of Regulatory
paragraph (a) and the first sentence of
sradovich on DSK3TPTVN1PROD with RULES

Affairs, Enforcement Programs and
Executive Order 12630 (Taking of paragraph (b) to read as follows:
Services, Bureau of Alcohol, Tobacco,
Private Property)
§ 669.19 Reservation and reapportionment Firearms, and Explosives, U.S.
This final rule will not affect a taking of funds. Department of Justice, 99 New York
of private property or otherwise have (a) The Administrator may reserve Avenue NE., Washington, DC 20226;
taking implications under Executive from obligation up to 8 percent of a telephone: (202) 648–7070.
Order 12630. State’s apportionment of funds under 23 SUPPLEMENTARY INFORMATION:

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Document Created: 2018-02-07 15:07:23
Document Modified: 2018-02-07 15:07:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective June 22, 2016.
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.
FR Citation		81 FR 32229
RIN Number		2125-AF71
CFR Associated		Excise Taxes; Grant Programs-Transportation; Highways and Roads and Motor Vehicles

81 FR 32229 - Heavy Vehicle Use Tax; Technical Correction

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 99 (May 23, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration