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###### Department of the Treasury

###### Internal Revenue Service

          - [REG-113572-99]

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice and request for comments.

# SUMMARY:

                        The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and                               ( print page 10348)                            other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-113572-99, (TD 8933), Qualified Transportation Fringe Benefits (§ 1.132-9(b)).                    

# DATES:

Written comments should be received on or before May 11, 2009 to be assured of consideration.

# ADDRESSES:

Direct all written comments to R. Joseph Durbala, Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224.

# FOR FURTHER INFORMATION CONTACT:

                        Requests for additional information or copies of the regulations should be directed to Allan Hopkins at Internal Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622-6665, or through the Internet at                         *Allan.M.Hopkins@irs.gov.*

# SUPPLEMENTARY INFORMATION:

 

*Title:*                     Qualified Transportation Fringe Benefits.                

*OMB Number:*                     1545-1676.                 

*Regulation Project Number:*                     REG-113572-99.                

*Abstract:*                     These regulations provide guidance to employers that provide qualified transportation fringe benefits under section 132(f), including guidance to employers that provide cash reimbursement for qualified transportation fringes and employers that offer qualified transportation fringes in lieu of compensation. Employers that provide cash reimbursement are required to keep records of documentation received from employees who receive reimbursement. Employers that offer qualified transportation fringes in lieu of compensation are required to keep records of employee compensation reduction elections.                

*Current Actions:*                     There is no change to this existing regulation.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business or other for-profit organizations, individual or households, and not-for-profit institutions.                

The burden is reflected in the burden for Form W-2.

*Estimated Total Annual Recordkeeping Burden:*                     7,020,000.                

*Estimated Average Annual Recordkeeping Burden per Recordkeeper:*                     The average annual recordkeeping burden will vary depending on the size of the employer.                

*Estimated Average Annual Recordkeeping Burden per Recordkeeper:*                     26.5 hours.                

*Estimated Number of Recordkeepers:*                     265,343.                

*Estimated Total Annual Reporting Burden:*                     5,948,728 hours.                

*Estimated Average Annual Reporting Burden per Respondent:*                     8 hours.                

*Estimated Number of Respondents:*                     7,264,970.                

The following paragraph applies to all of the collections of information covered by this notice: 

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

*Request for Comments:*                     Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.                

Approved: February 23, 2009.

R. Joseph Durbala,

IRS Reports Clearance Officer.

[FR Doc. E9-5004 Filed 3-9-09; 8:45 am]

BILLING CODE 4830-01-P