[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29834-29836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11438]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. FHWA-2008-0067]


Agency Information Collection Activities: Notice of Request for 
Renewal of a Previously Approved Information Collection

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The OST invites public comments about our intention to request 
the Office of Management and Budget's (OMB) approval for renewal of a 
previously approved information collection that is summarized below 
under SUPPLEMENTARY INFORMATION. We are required to publish this notice 
in the

[[Page 29835]]

Federal Register by the Paperwork Reduction Act of 1995.

DATES: Please submit comments by July 21, 2008.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FHWA-2008-0067 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 #: 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.
    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 SDOT 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 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 
State's 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 
: 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 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 69,000. 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

[[Page 29836]]

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: May 15, 2008.
Judith Kane,
Team Leader, Management Programs and Analysis Division.
 [FR Doc. E8-11438 Filed 5-21-08; 8:45 am]
BILLING CODE 4910-22-P