State Right-of-Way Operations Manuals

Forms and Documents

Document Name	Status
30Day FRN.pdf Supplementary Document	2023-11-27
Uniform Act Final Rule RIA_dvid28592 - P20 comments af working 10-19-2023 HEPR responses.docx Supplementary Document	2023-11-13
Comments_OMB Final_Supporting_Statement_ROW Manual include 49 and 23 CFR clean.docx Supporting Statement A	2023-11-13
23 CFR 710.pdf Supplementary Document	2023-10-19
60Day FRN.pdf Supplementary Document	2023-10-19

IC Document Collections

IC ID	Document Title	Status
262877	49 CFR 24 Regulatory Revisions	New
262876	23 CFR 710 Regulatory Revisions	New
25988	State Right-of-Way Operations Manuals	Modified

ICR Details

OMB Control No: 2125-0586	ICR Reference No: 202310-2125-001
Status: Received in OIRA	Previous ICR Reference No: 201302-2125-002
Agency/Subagency: DOT/FHWA	Agency Tracking No: Ready for OMB Submission
Title: State Right-of-Way Operations Manuals
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/04/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	271	0
Time Burden (Hours)	50,055	0
Cost Burden (Dollars)	0	0

---

Abstract: The FHWA requires State Department of Transportation (STD) to update their right-of-way manuals to reflect changes in Federal requirements for programs administered under Title 23 U.S.C. The States must certify at 5 year intervals that their State Right-of-Way Operations Manuals are representative of their procedures, or submit an updated manual. State Transportation Departments (STDs) are required to update their manuals to reflect changes in Federal requirements for programs administered under Title 23 U.S.C. These manuals reflect how the STDs plan to perform real estate acquisition and property management, and maintain the integrity of the right-of-way for highway and related transportation systems.

---

Authorizing Statute(s): US Code: 23 USC 710.201 Name of Law: Title 23, United States Code (U.S.C.), Highways
   US Code: 42 USC 4601 et sec. Name of Law: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 34207	05/26/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 82497	11/24/2023
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
23 CFR 710 Regulatory Revisions
49 CFR 24 Regulatory Revisions
State Right-of-Way Operations Manuals

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	271	0	0	219	0	52
Annual Time Burden (Hours)	50,055	0	0	49,275	0	780
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Due to the amending of 49 CFR 24 regulations and 24 CFR 710 regulations, a lengthy and in-depth update of each manual will be required. The revisions are prompted by enactment of MAP-21. The burden hours set aside to perform a normal annual update is not sufficient to cover this in-depth update thereby necessitating this request for additional burden hours.

---

Annual Cost to Federal Government: $320,864

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/04/2023

---