[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73966-73968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25205]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2007-0031]


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 and change of title of a 
currently approved information collection. --

-----------------------------------------------------------------------

SUMMARY: The FHWA has forwarded the information collection request 
described in this notice to the Office of Management and Budget (OMB) 
for approval of an extension and change of title of a currently 
approved information collection. We published a Federal Register
    Notice with a 60-day public comment period on this information 
collection on August 31, 2007.
    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 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. The four affected information collections are: 2125-0514: 
Develop and Submit Utility Accommodation Policies; 2125-0515: 
Eligibility Statement for Utility Adjustments; 2125-0519: Developing 
and Recording Costs for Utility Adjustments; and 2125-0522: Utility Use 
and Occupancy Agreements.

DATES: Please submit comments by January 28, 2008.

ADDRESSES: You may send comments within 30 days to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW, Washington, DC, 20503, or e-mail at [email protected], Attention DOT Desk Officer. 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 burden; (3) ways for the 
FHWA to enhance the quality, usefulness, and clarity of the collected 
information; and (4) ways that the burden could be

[[Page 73967]]

minimized, including the use of electronic technology, without reducing 
the quality of the collected information. All comments should include 
the Docket number FHWA-2007-0031.

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; formerly titled ``Developing and Recording 
Costs for Utility Adjustments.''
    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 645 subpart A--Utility Relocations, 
Adjustments, and Reimbursement) developing and recording costs for 
utility adjustments, as the basis for reimbursing State Departments of 
Transportation (SDOTs) 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 : 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 SDOTs 
is required (23 CFR 615.215) to submit to the FHWA a utility adjustment 
eligibility statement (formerly OMB Control : 2125-0515) that 
establishes the SDOT's legal authority and policies it employs for 
accommodating utilities within highway rights-of-way 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 is also required (23 CFR 645.215) to develop and submit 
to FHWA their utility accommodation policies (formerly OMB Control 
: 2125-0514) 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 rights-of-
way; the State's authority to regulate such use; and the policies and/
or procedures employed for managing and accommodating utilities within 
the rights-of-way 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 SDOTs to determine if updating is 
necessary to reflect policy changes.
    Respondents: 52 SDOTs, including the District of Columbia and 
Puerto Rico, local agency transportation departments, and utility 
companies.
    Frequency: The SDOTs 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. 
SDOTs are allowed to submit their eligibility statement for utility 
adjustments and their utility accommodation policies when warranted by 
changes or when updates occur, or at the SDOT's discretion. It is 
estimated 10 SDOTs will update either their eligibility statement for 
utility agreements or utility accommodation policies per year.
    Estimated Average 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 
SDOTs 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 SDOTs 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 a 
SDOT's eligibility statement for utility adjustments is 90 hours. The 
annual burden associated with developing and approving updates to 
SDOTs' utility accommodation policies is 1,400 hours. The accumulated 
burden for the combined information collection is 625,490.
    Electronic Access: Internet users may access all comments received 
by the U.S. DOT Dockets, Room PL-401, by using the universal resource 
locator (URL): http://dms.dot.gov, 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.

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


[[Page 73968]]


    Issued on: December 20, 2007.
James R. Kabel,
Chief, Management Programs and Analysis Division.
[FR Doc. E7-25205 Filed 12-27-07; 8:45 am]
BILLING CODE 4910-22-P