Agency Information Collection Activities: Notice of Request for Extension of Currently Approved Information Collection

Juli Huynh
Federal Highway Administration
September 28, 2010

[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]               
[Page 59782-59784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se10-128]                         

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2010-0093]

 
Agency Information Collection Activities: Notice of Request for 
Extension of Currently Approved Information Collection

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of request for extension of currently approved 
information collection.

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SUMMARY: The FHWA invites public comments about our intention to 
request the Office of Management and Budget's (OMB) approval for 
renewal of an existing information collection that 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 November 29, 2010.

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
2010-0093 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.
    Hand Delivery or Courier: U.S. Department of Transportation, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,

[[Page 59783]]

Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jon Obenberger, 202-366-2221, Office 
of Infrastructure, Federal Highway Administration, Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Title: Utility Adjustments, Agreements, 
Eligibility Statements and Accommodation Policies. (Formerly: 
Developing and Recording Costs for Utility Adjustments).
    OMB Control Number: 2125-0519.
    Background: Federal laws dealing with the relocation and 
accommodation of utility facilities associated with the right-of-way of 
highway facilities are contained in the United States Code (U.S.C.) 23, 
Sections 123 and 109(I)(1). Regulations dealing with the utility 
facility accommodation and relocation are based upon the laws contained 
in 23 U.S.C. and are found in the Code of Federal Regulations (CFR), 
title 23, chapter I, subchapter G, part 645, subparts A and B.

Collection 1: Developing and Recording Costs for Utility 
Adjustments

    The FHWA requires utility companies to document costs or expenses 
for adjusting their facilities (23 CFR 645 subpart A--Utility 
Relocations, Adjustments, and Reimbursement). These utility companies 
must have a system for recording labor, materials, supplies and 
equipment costs incurred when undertaking adjustments to accommodate 
highway projects. This record of costs forms the basis for payment by 
the SDOT or local transportation department to the utility company. In 
turn, the FHWA reimburses the SDOT or local transportation department 
for its payment to the utility company. The utility company is required 
to maintain these records of costs for 3 years after final payment is 
received.
    Respondents: 3,000 Utility Firms.
    Frequency: Annually.
    Estimated Annual Burden: The FHWA estimates that this collection 
imposes a total annual burden of 24,000 hours. Utility adjustments are 
made yearly by approximately 3,000 utility firms. The average amount of 
time required by these firms to calculate the adjustment costs and 
maintain the required records is estimated at 8 hours for each 
adjustment.

Collection 2: Utility Use and Occupancy Agreements

    The SDOT and/or local agency transportation departments are 
responsible for maintaining the highway rights-of-way, including the 
control of its use by the utility companies. In managing the use of the 
highway rights-of-way, the SDOT and/or local agency transportation 
department is required (23 CFR 645.205 and 23 CFR 645.213) to document 
the terms under which utility facilities are allowed to cross or 
otherwise occupy the highway rights-of-way, in the form of utility use 
and occupancy agreements with each utility company. This documentation, 
consisting of a use and occupancy agreement (permit), must be in 
writing and must be maintained in the SDOT and/or local agency 
transportation department.
    Respondents: 4,600 State/local highway authorities.
    Frequency: There are 15 agreements per year.
    Estimated Annual Burden: The estimated amount of time required by 
the State/local highway authorities to process the permits is 8 hours. 
The FHWA estimates that the total annual burden imposed on the public 
by this collection is 552,000 hours.

Collection 3: Eligibility Statement for Utility Adjustments

    Each SDOT is required (23 CFR 615.215) to submit to the FHWA a 
utility adjustment eligibility statement that establishes the SDOT 
legal authority and policies it employs for accommodating utilities 
within highway right-of-ways or obligation to pay for utility 
adjustments. FHWA has previously reviewed and approved these 
eligibility statements for each State DOT. The statements are used as a 
basis for Federal-aid reimbursement in utility relocation costs under 
the provisions of 23 U.S.C. 123. Updated statements may be submitted 
for review at the States discretion where circumstances have modified 
(for example, a change in State statute) the extent to which utility 
adjustments are eligible for reimbursement by the State or those 
instances where a local SDOT's legal basis for payment of utility 
adjustments differs from that of the State.
    Respondents: 52 State Transportation Departments, including the 
District of Columbia and Puerto Rico.
    Frequency: Updates for review, as required at the States' 
discretion.
    Estimated Annual Burden: The average burden for preparing and 
submitting an updated eligibility statement is 18 hours per response. 
The estimated total annual burden, based upon 5 updated eligibility 
statements per year, is 90 hours.

Collection 4: Develop and Submit Utility Accommodation 
Policies

    Each SDOT is also required (23 CFR 645.215) to develop and submit 
to FHWA their utility accommodation policies that will be used to 
regulate and manage the utility facilities within the rights-of-way of 
Federal-aid highway projects. The agencies utility accommodation 
policies need to address the basis for utility facilities to use and 
occupy highway right-of-ways; the State's authority to regulate such 
use; and the policies and/or procedures employed for managing and 
accommodating utilities within the right-of-ways of Federal-aid highway 
projects. Upon FHWA's approval of the policy statement, the SDOT may 
take any action required in accordance with the approved policy 
statement without a case-by-case review by the FHWA.
    Respondents: 52 State Transportation Departments, including the 
District of Columbia and Puerto Rico.
    Frequency: Updates for review, as required at the States' 
discretion.
    Estimated Annual Burden: The average burden for updating an 
existing policy is 280 hours per response. The estimated total annual 
burden, based upon an estimated 5 updates per year, is 1,400 hours.
    The accumulated annual burden for the combined information 
collection is 577,490.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection of information is necessary for the U.S. DOT's performance, 
including whether the information will have practical utility; (2) the 
accuracy of the U.S. DOT's estimate of the burden of the proposed 
information collection; (3) ways 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.


[[Page 59784]]


    Issued On: September 22, 2010.
Juli Huynh,
Chief, Management Programs and Analysis Division.
[FR Doc. 2010-24276 Filed 9-27-10; 8:45 am]
BILLING CODE 4910-22-P