Notice2024-18736
Agency Information Collection Activities: Request for Comments for a New Information Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 21, 2024
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to approve a new information collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 162 (Wednesday, August 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Pages 67705-67706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18736]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2024-0059]
Agency Information Collection Activities: Request for Comments
for a New Information Collection
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA has forwarded the information collection request
described in this notice to the Office of Management and Budget (OMB)
to approve a new information collection. We are required to publish
this notice in the Federal Register by the Paperwork Reduction Act of
1995.
DATES: Please submit comments by September 20, 2024.
ADDRESSES: You may submit comments identified by DOT Docket ID Number
FHWA-2024-0059 by any of the following methods:
Website: For access to the docket to read background documents or
comments received go to the Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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: Ms. Tashia J. Clemons, Office of
Infrastructure, 202-493-0551, <a href="/cdn-cgi/l/email-protection#e59184968d8c84cb868980888a8b96a5818a91cb828a93"><span class="__cf_email__" data-cfemail="83f7e2f0ebeae2ade0efe6eeecedf0c3e7ecf7ade4ecf5">[email protected]</span></a>, Federal Highway
Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Office
hours are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: We published a Federal Register Notice with
a 60-day public comment period on this information collection on May
30, 2024, at [89 FR 46985].
FHWA received one comment, a letter from the Virginia Department of
Transportation (VDOT) that addressed several subjects, which are
summarized below with FHWA's responses:
Comment: FHWA's estimates of the burden hours and costs to develop
the AMP and the new resilience and extreme weather analyses are too
low; VDOT's estimated level of effort to develop its AMP is
significantly higher than FHWA's estimate.
Response: FHWA's estimates of the level of effort and cost to
develop the AMP and new resilience and extreme weather analyses are an
average across all State Departments of Transportation (State DOTs)
that are subject to the requirement to develop and implement an AMP.
Some individual State DOTs may have higher costs to comply with this
collection of information, and some State DOT costs may be lower. VDOT
notes that it has the ``3rd largest state-maintained transportation
system in the
[[Page 67706]]
nation,'' \1\ so it stands to reason that VDOT's estimated burden would
be higher than average for all State DOTs.
---------------------------------------------------------------------------
\1\ VDOT, Comment Letter on FHWA Information Collection; Risk-
Based Asset Management Plans (July 29, 2024) at 2, <a href="https://www.regulations.gov/comment/FHWA-2024-0043-0002">https://www.regulations.gov/comment/FHWA-2024-0043-0002</a>.
---------------------------------------------------------------------------
Comment: VDOT already develops a State AMP that covers assets
beyond what is required under 23 U.S.C. 119(e) and 23 CFR part 515, and
VDOT already develops a State Resilience Plan that should fulfill the
requirements for extreme weather and resilience analyses now required
in a Federal AMP. Requiring a Federal AMP with these analyses is an
added burden and an unfunded mandate, and VDOT should be able to meet
these requirements using its existing State AMP and Resilience Plan.
Response: The requirement for a State DOT to develop and implement
an AMP that now must include consideration of extreme weather and
resilience is statutory, and FHWA does not have the authority to waive
it for any State DOT.
Comment: The funding used for these unfunded mandates would be
better served to go to pavement and structure work that will then
impact the network performance.
Response: The requirement for a State DOT to develop and implement
an AMP that now must include consideration of extreme weather and
resilience is statutory, and FHWA does not have the authority to waive
it for any State DOT.
Title: Risk-Based Asset Management Plans.
Background: Under 23 U.S.C. 119(e) and implementing regulations at
23 CFR part 515, State DOTs are required to develop Risked-Based Asset
Management Plans (AMP) for the National Highway System (NHS) to improve
or preserve the condition of the assets on and the performance of the
NHS. Each State DOT must also annually demonstrate to FHWA that it has
implemented an AMP that meets the requirements of 23 U.S.C. 119(e) and
23 CFR part 515 (23 CFR 515.13(b)(2)), and each State DOT must submit
its processes for the development of its AMP to FHWA for certification
and recertification every four years following the year of initial
certification (23 U.S.C. 119(e)(6)). Section 11105(3) of the Bipartisan
Infrastructure Law (BIL) (Pub. L. 117-58) added the requirement in 23
U.S.C. 119(e)(4)(D) that risk management and lifecycle cost analyses in
AMPs discuss extreme weather and resilience.
Respondents: There are 52 State DOTs that are required to submit
information to demonstrate implementation of an AMP and to recertify
their processes for developing an AMP.\2\ Of these, 17 State DOTs
already conduct extreme weather and resilience analyses, so 35 State
DOTs would be required to conduct extreme weather and resilience
analyses.
---------------------------------------------------------------------------
\2\ The District of Columbia and Puerto Rico are considered
States for the purposes of the Federal-aid highway program. See 23
U.S.C. 101(a)(28).
---------------------------------------------------------------------------
Frequency: Annually (to demonstrate implementation of an AMP) and
every 4 years (when submitting processes for the development of an AMP
for recertification).
Estimated Average Burden per Response: Per State DOT, the estimated
annual burden is 884 hours for the general AMP preparation, plus an
additional 1,560 burden hours per State DOT that does not already
perform extreme weather and resilience analyses.
Estimated Total Annual Burden Hours: Total estimated average annual
burden is 100,568 hours.
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's performance; (2) the accuracy of
the estimated burdens; (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, including the use of electronic
technology, 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: August 16, 2024.
Jazmyne Lewis,
Information Collection Officer.
[FR Doc. 2024-18736 Filed 8-20-24; 8:45 am]
BILLING CODE 4910-RY-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 21, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.