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###### Department of Transportation

###### Federal Highway Administration 

          - [Docket No. FHWA-2009-0027] 

# AGENCY:

Federal Highway Administration (FHWA), DOT. 

# ACTION:

Notice and request for comments. 

# SUMMARY:

                        The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under                         **SUPPLEMENTARY INFORMATION**                        . We are required to publish this notice in the                         **Federal Register**                         by the Paperwork Reduction Act of 1995.                     

# DATES:

Please submit comments by May 15, 2009. 

# ADDRESSES:

You may submit comments identified by DOT Docket ID Number FHWA-2009-0027 by any of the following methods: 

*Web Site:*                         For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal:                         *http://www.regulations.gov.*                        Follow the online instructions for submitting comments.                     

*Fax:*                         1-202-493-2251.                     

*Mail:*                         Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.                     

*Hand Delivery or Courier:*                         U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,  SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.                     

# FOR FURTHER INFORMATION CONTACT:

John Nicholas (202 366-2317), Department of Transportation, Federal Highway Administration, Office of Freight Management and Operations, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. 

# SUPPLEMENTARY INFORMATION:

*Title:*                     Certification of Enforcement of Vehicle Size and Weight Laws.                 

*Background:*                     Title 23, U.S.C., section 141, requires each State, the District of Columbia and Puerto Rico to file an annual certification that they are enforcing their size and weight laws on Federal-aid highways and that their Interstate System weight limits are consistent with Federal requirements to be eligible to receive an apportionment of Federal highway trust funds. Section 141 also authorizes the Secretary to require States to file such information as is necessary to verify that their certifications are accurate. To determine whether States are adequately enforcing their size and weight limits, each must submit an updated plan for enforcing their size and weight limits to the FHWA at the beginning of each fiscal year. At the end of the fiscal year, they must submit their certifications and sufficient information to verify that their enforcement goals established in the plan have been met. Failure of a State to file a certification, adequately enforce its size and weight laws and enforce weight laws on the Interstate System that are consistent with Federal requirements, could result in a specified reduction of its Federal highway fund apportionment for the next fiscal year. In addition, section 123 of the Surface Transportation Assistance Act of 1978 (Pub. L. 95-599, 92 Stat.2689, 2701) requires each jurisdiction to inventory (1) its penalties for violation of its size and weight laws, and (2) the term and cost of its oversize and overweight permits.                 

*Respondents:*                     The State Departments of Transportation (or equivalent) in the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.                 

*Frequency:*                     Twice annually.                 

*Estimated Average Burden per Response:*                     Each response will take approximately 40 hours.                 

*Estimated Total Annual Burden Hours:*                     The estimated total annual burden for all respondents is 4,160 hours.                 

Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA's performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. 

Authority:The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. 

      ( print page 11170)    
Issued on: March 9, 2009. 

James R. Kabel, 

Chief, Management Programs and Analysis Division.

 [FR Doc. E9-5574 Filed 3-13-09; 8:45 am] 

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