[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43575-43576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21568]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Reports, Forms and Recordkeeping Requirements; Agency Information 
Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act 1995 (44 USC 
Chapter 35), this notice announces that the Information Collection 
Request (ICR) abstracted below has been forwarded to the Office of 
Management and Budget (OMB) for review and comment. The ICR describes 
the nature of the information collection and its expected burden. The 
Federal Register Notice with a 60-day comment period soliciting 
comments on the following collection of information was published on 
April 18, 1997 [62 FR 19160].

DATES: Comments must be submitted on or before September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Scott, Office of Motor 
Carriers,

[[Page 43576]]

(202) 366-4104, Federal Highway Administration, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Federal Highway Administration (FHWA)

    Title: Utility Use and Occupancy Agreements.
    OMB Number: 2125-0522.
    Type of Request: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Affected Public: Highway authorities.
    Abstract: In carrying out the requirements of 23 USC 116 to assure 
Federal-aid highway projects are being properly maintained, the 
Secretary of Transportation is authorized by 23 USC 315 to prescribe 
and promulgate rules and regulations. This authority is delegated to 
the Federal Highway Administrator at 49 CFR 1.48. Further, 23 CFR 1.23 
and 1.27 establish the authority and responsibility of the 
Administrator to prescribe policies and procedures for the use, 
occupancy, and maintenance of the rights-of-way of Federal-aid 
projects. Under the Federal-aid highway program, States, or their 
political subdivisions, actually own the highway rights-of-way. State 
and/or local highway authorities are responsible for maintaining the 
highway rights-of-way, which includes controlling utility use of it. 
The FHWA regulations found in 23 CFR part 645, subpart B require that 
in controlling utility use on Federal-aid highway projects, the highway 
authority is to document the terms under which the utility is to cross 
or otherwise occupy highway rights-of-way. This documentation, 
consisting of a use and occupancy agreement, is to be in writing and 
must be contained in the highway authority's files. No submission to 
the FHWA is required. The use and occupancy agreement issued by the 
highway authority serves to document the arrangements made between it 
and a utility to allow the utility to use public right-of-way under the 
control of the highway authority. These agreements are reviewed 
periodically by the FHWA to determine whether or not the State is 
effectively maintaining the highway right-of-way and fulfilling its 
responsibilities under its utility accommodation policy. The use and 
occupancy agreements are an important means of controlling the 
installation of utilities in order to provide a safe environment for 
highway users.
    Estimated Annual Burden Hours: 552,000.
    Number of Respondents: 4,600.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725-17th Street, NW., 
Washington, DC 20503, Attention DOT Desk Officer. Comments are invited 
on: Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Department, including 
whether the information will have practical utility; the accuracy of 
the Department's estimate of the burden of the proposed information 
collection; ways to enhance the quality, utility and clarity of the 
information to be collected; and ways to minimize the burden of the 
collection of information on respondents, including the use of 
automated collection techniques or other forms of information 
technology.

    Issued in Washington, DC, on August 8, 1997.
Vanester M. Williams,
Clearance Officer, United States Department of Transportation.
[FR Doc. 97-21568 Filed 8-13-97; 8:45 am]
BILLING CODE 4910-62-P