[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Page 51216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23881]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA 2009-0100]


Agency Information Collection Activities: Request for Comments; 
Renewed Approval of Information Collection; State Right-of-Way 
Operations Manuals, OMB Control Number: 2125-0586

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FHWA invites public comment regarding our intention to 
request the Office of Management and Budget (OMB) to approve a renewed 
information collection. The information we collect is provided by each 
State Department of Transportation (State) in its right-of-way 
operations manuals. The right-of-way manuals contain detailed 
descriptions of procedures the State will follow to show compliance 
with Federal regulations found in 23 CFR Part 710 and 49 CFR Part 24. 
23 CFR 710.201(c) sets out the requirement for the right-of-way 
operations manual. Specifically, each manual shall describe functions 
and procedures for all phases of the real estate program, including 
appraisal and appraisal review, negotiation and eminent domain, 
property management, and relocation assistance. The State shall update 
the manual periodically to reflect changes in operations and submit the 
updated manual for approval by the FHWA. The Paperwork Reduction Act of 
1995 required the FHWA to publish notice for this information 
collection in the Federal Register.

DATES: Please submit comments by December 4, 2009.

ADDRESSES: You may submit comments identified by DOT Docket ID Number 
FHWA-2009-0100 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: Kathleen Facer, 785-228-2544, Office 
of Real Estate Services, Federal Highway Administration, Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Office hours are from 7:30 a.m. to 4 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: State Right-of-Way Operations Manuals.
    OMB Control Number: 2125-0586.
    Background: It is the responsibility of each State Department of 
Transportation (State) to acquire, manage and dispose of real property 
in compliance with the legal requirements of State and Federal laws and 
regulations. Part of providing assurance of compliance is to describe 
in a right-of-way procedural (operations) manual the organization, 
policies and procedures of the State to such an extent that these guide 
State employees, local acquiring agencies, and contractors who acquire 
and manage real property that is used for a federally funded 
transportation project. Procedural manuals assure the FHWA that the 
requirements of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act (Uniform Act) will be met. The State 
responsibility to prepare and maintain an up-to-date right-of-way 
procedural manual is set out in 23 CFR 710.201(c). The regulation 
allows States flexibility in determining how to meet the manual 
requirement. This flexibility allows States to prepare manuals in the 
format of their choosing, to the level of detail necessitated by State 
complexities. Each State decides how it will provide service to 
individuals and businesses affected by Federal or federally-assisted 
projects, while at the same time reducing the burden of government 
regulation. States are required to update manuals to reflect changes in 
Federal requirements for programs administered under Title 23 U.S.C. 
The State manuals may be submitted to FHWA electronically or made 
available by posting on the State Web site.
    Respondents: State Departments of Transportation (52, including the 
District of Columbia and Puerto Rico).
    Frequency: Once initially, then States update their operations 
manuals for review.
    Estimated Average Burden per Response: 75 hours per respondent.
    Estimated Total Annual Burden Hours: 75 hours for each of the 52 
State Departments of Transportation. The total is 3,900 burden hours 
annually.
    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 oversight of the right-of-way 
program; (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 minimized 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.

    Issued on: September 29, 2009.
 Judith Kane,
Acting Chief, Management Programs and Analysis Division.
[FR Doc. E9-23881 Filed 10-2-09; 8:45 am]
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