[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Notices]
[Pages 50440-50441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17339]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2007-29080]


Agency Information Collection Activities: Notice of Request for 
Extension and Change of Title of a 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 and change of title 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. As part of FHWA's ongoing effort to reduce the overall 
burden on the public, four currently approved information collections 
associated with the accommodation or relocation of utility facilities 
in the right-of-way of highway facilities are being combined into a 
single collection (2125-0519) with a new title of Utility Adjustments, 
Agreements, Eligibility Statements, and Accommodation Policies.
    Since each collection involves information regarding Federal 
regulations on utilities, this request will allow FHWA to streamline 
the collection process for the respondents with the ultimate goal of 
lowering the overall information collection burden. In addition to the 
proposed burden-hour reductions, by combining these collections, FHWA 
will be in a position to communicate collection activity from the 
respondents in one process, thus allowing for greater efficiency for 
both FHWA and the public. These four current information collections 
include:

2125-0514: Develop and Submit Utility Accommodation Policies 
(expiration date: November 30, 2007);
2125-0515: Eligibility Statement for Utility Adjustments (expiration 
date: November 30, 2007);
2125-0519: Developing and Recording Costs for Utility Adjustments 
(expiration date: December 31, 2007); and
2125-0522: Utility Use and Occupancy Agreements (expiration date: 
December 31, 2007).

DATES: Please submit comments by October 30, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FHWA-2007-29080 by any of the following methods:
    Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590.
    Hand Delivery: U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Jon Obenberger, 202-366-2221, 
Office of Infrastructure, Federal Highway Administration, Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Office hours are from 8 a.m. to 4:30 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Utility Adjustments, Agreements, Eligibility Statements and 
Accommodation Policies.
    OMB Control No.: 2125-0519 (formerly titled ``Developing and 
Recording Costs for Utility Adjustments'' with an expiration date of 
December 31, 2007).
    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.
    The FHWA requires (23 CFR part 645 subpart A--Utility Relocations, 
Adjustments, and Reimbursement) developing and recording costs for 
utility adjustments, as the basis for reimbursing State Departments of 
Transportation (SDOT's) and local agency transportation departments, 
when they have paid the costs of utility facilities relocations that 
were required by the construction of Federal-aid highway projects. The 
FHWA requires the utility companies to document the costs or expenses 
for adjusting their facilities. These utility companies must have a 
system for recording labor, materials, supplies and equipment costs 
incurred when undertaking adjustments to accommodate the 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.
    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 (formerly OMB Control No.: 2125-0522) 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.
    Each SDOT's is required (23 CFR 615.215) to submit to the FHWA a 
utility adjustment eligibility statement (formerly OMB Control No.: 
2125-0515) that establishes the SDOT's 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.
    Each SDOT's is also required (23 CFR 645.215) to develop and submit 
to FHWA their utility accommodation policies (formerly OMB Control No.: 
2125-0514) that will be used to regulate

[[Page 50441]]

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. In addition, the utility 
accommodation policy statements that have been approved previously by 
the FHWA are periodically reviewed by the SDOT's to determine if 
updating is necessary to reflect policy changes.
    Respondents: 52 SDOT's, including the District of Columbia and 
Puerto Rico, local agency transportation departments, and utility 
companies.
    Frequency: Developing and recording costs and expenses for utility 
adjustments are submitted as they occur during the year (annually) by 
utility companies to SDOTs or local agency transportation departments. 
The SDOT's and local agency transportation departments are each 
involved in an average of 15 utility use and occupancy agreements (or 
permits) per year for an annual frequency of 46,000. SDOT's are allowed 
to submit their eligibility statement for utility adjustments and their 
utility accommodation policies when warranted by changes or updates 
occur, or at the SDOT's discretion. It is estimated 10 SDOT's will 
update either their eligibility statement for utility agreements or 
utility accommodation policies per year.
    Estimated Average Annual Burden per Response: The estimated average 
amount of time required to develop and record the costs for each 
utility adjustment is 8 hours. The estimated amount of time required by 
the SDOT's and local agency transportation departments to process each 
utility use and occupancy agreement (permit) is 8 hours. The estimated 
amount of time for each update to the SDOT's eligibility statement for 
utility adjustments has an average burden of 18 hours. The estimated 
amount of time for each update and submittal of a SDOT's utility 
accommodation policy has an average burden of 280 hours.
    Estimated Total Annual Burden Hours: The annual burden associated 
with developing and recording the costs for adjusting utility 
facilities is 72,000 hours based on an estimate of 9,000 adjustments 
that utility companies perform annually that may be eligible for 
Federal-aid highway funding allowing SDOT's or local agency 
transportation departments to request reimbursement from FHWA. The 
annual burden associated with preparing, submitting and approving 
utility use and occupancy agreements (permits) is 552,000 burden-hours. 
The annual burden associated with developing and approving updates to 
SDOT's eligibility statement for utility adjustments is 90 hours. The 
annual burden associated with developing and approving updates to 
SDOT's utility accommodation policies is 1,400 hours. The accumulated 
burden for the combined information collection is 625,490.

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

    Issued on: August 27, 2007.
Judi Kane,
Team Leader, Information Services Team.
 [FR Doc. E7-17339 Filed 8-30-07; 8:45 am]
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