37550 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

project impacts, as well as project scope 

modifications. 

Observation #1 

The team reviewed multiple reevaluations for the West Davis Corridor 

Project. Each individual re-evaluation 

addressed the changes on that portion of 

the larger project. The FHWA suggests 

UDOT also add language that 

summarizes the changes across all the 

re-evaluations, such as providing a 

listing of all the related re-evaluations 

and a statement correlating them, to 

clearly demonstrate and document that 

UDOT has considered impacts across 

the entirety of the project. 

Quality Assurance/Quality Control 

The UDOT has made improvements to 

its QA/QC procedures. These 

improvements are discussed in the 

Legal Sufficiency section of this report. 

Legal Sufficiency 

During the audit period outside 

counsel issued three findings of legal 

sufficiency per the requirements of 23 

CFR 771.125(b) and 23 CFR 774.7(d), 

copies of which were provided to the 

Audit Team. These include legal 

sufficiency reviews of one EIS and two 

Section 4(f) evaluations. The UDOT has 

continued using the legal sufficiency 

process it put in place for both Section 

326 CE and Section 327 NEPA 

Assignment; that is, contracting with 

outside counsel who have extensive 

experience in NEPA, other 

environmental laws, and Federal 

environmental litigation. 

Since the signing of the initial 

FHWA–UDOT MOU for the NEPA 

Assignment Program in January 2017, 

no lawsuits have been filed against 

NEPA-assigned projects in the State of 

Utah. 

Training 

The UDOT has continued to develop 

an annual training plan, in compliance 

with Section 12.2 of the MOU. 

Performance Measures 

The UDOT has continued to assess its 

performance as required under the 

terms of the MOU. The UDOT’s annual 

self-assessment report indicates that 

they are meeting their performance 

targets. The process of, and results from, 

the State’s self-assessment have been an 

important factor in the improvement of 

UDOT’s NEPA Program. 

Observation #1 

Section 10.2.1.C.i of the MOU 

requires UDOT to assess change in and 

ensure effective communication among 

UDOT, Federal and State resource 

agencies resulting from assumption of 

responsibilities under the MOU. 

In interviews, resource agency staff at 

the EPA and the FWS stated that overall 

they have a good working relationship 

with UDOT staff. Some FWS staff 

indicated that they could utilize 

additional information on the 

differences between the 23 U.S.C. 326 

(CE Assignment) program and the 23 

U.S.C. 327 (NEPA Assignment) program. 

The audit team also learned that neither 

FWS nor EPA had responded to UDOT’s 

annual resource agency survey. These 

are examples of where UDOT’s program 

may benefit from more consistent, 

program-level discussions with resource 

agencies to ensure that all parties 

understand their respective roles and 

responsibilities, as well as the 

provisions of the 326 and 327 programs. 

Stronger managerial-level 

communications with the resource 

agencies may increase their 

understanding of the importance of the 

survey and improve the response rate. 

Non-Compliance Observation 

Non-compliance observations are 

instances where the team found UDOT 

was out of compliance or deficient in 

proper implementation of a Federal 

regulation, statute, guidance, policy, the 

terms of the MOU, or UDOT’s own 

procedures for compliance with the 

NEPA process. Such observations may 

also include instances where UDOT has 

failed to maintain technical 

competency, adequate personnel, and/or 

financial resources to carry out the 

assumed responsibilities. Other noncompliance observations could suggest a 

persistent failure to adequately consult, 

coordinate, or consider the concerns of 

other Federal, State, Tribal, or local 

agencies with oversight, consultation, or 

coordination responsibilities. The 

FHWA expects UDOT to develop and 

implement corrective actions to address 

all non-compliance observations. 

The Audit Team did not identify any 

non-compliance observations during 

this audit. 

Follow-up to Previous Audit Findings 

The FHWA reported a noncompliance observation relating to 

UDOT not complying with the State’s 

environmental review procedures as a 

part of Audit #3. 

2019 Audit #3—Issuing a Document 

Without Final Legal Sufficiency Finding 

As noted earlier, in response to the 

2019 audit finding that legal sufficiency 

review documentation was not provided 

prior to approval of a project FEIS, 

UDOT and outside counsel 

implemented a more formalized system 

by instituting a Legal Sufficiency 

Review Form to be completed by 

outside counsel. The form ensures a 

record that the review occurred. This 

form has already been used for legal 

sufficiency reviews during this audit 

period. 

Next Steps 

The FHWA provided this draft audit 

report to UDOT for a 30-day review and 

comment period. The Audit Team 

considered UDOT comments in 

developing this draft audit report. The 

FHWA will publish this notice in the 

Federal Register for a 30-day comment 

period in accordance with 23 U.S.C. 

327(g)(2)(A). No later than 60 days after 

the close of the comment period, FHWA 

will respond to all comments submitted 

to finalize this draft audit report 

pursuant to 23 U.S.C. 327(g)(2)(B). Once 

finalized, FHWA will publish the final 

audit report in the Federal Register. 

[FR Doc. 2022–13401 Filed 6–22–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0017] 

Agency Information Collection Activity 

Under OMB Review: Public 

Transportation Safety Agency Plan 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describe the nature of the 

information collection and their 

expected burdens. 

DATES: Comments must be submitted on 

or before July 25, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

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 


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Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 37551 

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. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tia 

Swain, Office of Administration, 

Management Planning Division, 1200 

New Jersey Avenue SE, Mail Stop TAD– 

10, Washington, DC 20590, (202) 366– 

0354 or tia.swain@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, Section 2, 

109 Stat. 163 (1995) (codified as revised 

at 44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On March 22, 

2022 FTA published a 60-day notice (87 

FR 16306) in the Federal Register 

soliciting comments on the ICR that the 

agency was seeking OMB approval. FTA 

received no comments after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507 (b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 

30-day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summaries below describe the 

nature of the information collection 

requirements (ICRs) and the expected 

burden. The requirements are being 

submitted for clearance by OMB as 

required by the PRA. 

Title: Public Transportation Agency 

Safety Plan. 

OMB Control Number: 2132–0580. 

Background: The Public 

Transportation Agency Safety Plan 

regulation (49 CFR part 673) establishes 

requirements for Agency Safety Plans as 

authorized under 49 U.S.C. 5329(d). The 

regulation requires States and certain 

operators of public transportation 

systems that receive Federal financial 

assistance under 49 U.S.C. Chapter 53 to 

develop Agency Safety Plans based on 

the Safety Management Systems (SMS) 

approach. The development and 

implementation of these plans will help 

ensure that public transportation 

systems are safe nationwide. 

Each Public Transportation Agency 

Safety Plan must include, at minimum: 

• An approval from the recipient’s 

Board of Directors, or an Equivalent 

Authority; 

• Methods for identifying and 

evaluating safety risks throughout all 

elements of the recipient’s public 

transportation system; 

• Strategies to minimize the exposure 

of the public, personnel, and property to 

hazards and unsafe conditions; 

• A process and timeline for 

conducting an annual review and 

update of the plan; 

• Performance targets based on the 

safety performance measures 

established in FTA’s National Public 

Transportation Safety Plan; 

• Assignment of an adequately 

trained safety officer who reports 

directly to the general manager, 

president, or equivalent officer; and 

• A comprehensive safety training 

program for operations personnel and 

personnel directly responsible for safety 

that includes the completion of a safety 

training program and continuing safety 

education and training. 

• A rail transit agency must include 

or incorporate by reference in its 

Agency Safety Plan an emergency 

preparedness and response plan or 

procedures. 

Information collection requirements 

associated with this regulation include 

information collected by the agency to 

support its internal SMS processes and 

information collected by recipients to 

distribute to FTA. 

The information collection conducted 

at the agency level to support internal 

SMS processes includes the regulatory 

requirement to maintain: 

• Documents that set forth the 

Agency Safety Plan, including those 

related to implementing the SMS; 

• Results from SMS processes and 

activities; and 

• Documents included in whole, or 

by reference, that describe the programs, 

policies, and procedures used to carry 

out the Agency Safety Plan. 

Transit agencies must maintain this 

documentation for a minimum of three 

years and must make this 

documentation available upon request 

to FTA, other Federal entities having 

jurisdiction, and the relevant State 

Safety Oversight Agency, if applicable. 

The information collection exchange 

between FTA and its recipients consists 

of: 

• Annual Certifications and 

Assurances. FTA requires operators of 

public transportation systems and States 

to certify compliance with 49 CFR part 

673 through its annual submittal of 

Certifications and Assurances to FTA. 

• Triennial Review Process. FTA 

incorporated questions specific to the 

Public Transportation Agency Safety 

Plan Rule into FTA’s existing oversight 

questionnaire for transit agencies to 

evaluate areas of compliance. 

• State Management Review Process. 

FTA also ensures compliance with this 

rule through its existing triennial State 

Management Review oversight process. 

The information collection will 

continue to help guide transit agency 

and FTA’s safety program priorities. 

Respondents: State and local 

government agencies, including transit 

agencies. 

Estimated Annual Number of 

Respondents: 755 respondents. 

Estimated Annual Burden Hours per 

Respondent: 335 hours. 

Estimated Total Annual Burden: 

252,855 hours. 

Frequency: Annually. 

Nadine Pembleton, 

Deputy Associate Administrator, Office of 

Administration. 

[FR Doc. 2022–13413 Filed 6–22–22; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0016] 

Agency Information Collection Activity 

Under OMB Review: Public 

Transportation Safety Certification 

Training Program (PTSCP) 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 


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