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###### Department of Transportation

###### Federal Highway Administration

          - [Docket No. FHWA 2009-0100]

# AGENCY:

Federal Highway Administration (FHWA), DOT.

# ACTION:

Notice and request for comments.

# 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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