Agency Information Collection Activities: Submission for OMB Review, 46261 [05-15690]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Page 46261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15690]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Agency Information Collection Activities: Submission for OMB 
Review

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: The FHWA has forwarded the information collection request 
described in this notice to the Office of Management and Budget (OMB) 
for review and comment. We published a Federal Register Notice with a 
60-day public comment period on this information collection on October 
21, 2004 (69 FR 61901). We are required to publish this notice in the 
Federal Register by the Paperwork Reduction Act of 1995.

DATES: Please submit comments by September 8, 2005.

ADDRESSES: You may 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. 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 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, including 
the use of electronic technology, without reducing the quality of the 
collected information.

FOR FURTHER INFORMATION CONTACT: Mr. Reginald Bessmer, (202) 366-2037, 
Office of Real Estate Services, Federal Highway Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590. Office hours are from 7:30 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Title: Evaluate the Effects of Appraisal 
Waivers.
    Abstract: The Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended (URA), provides that 
``real property shall be appraised before the initiation of 
negotiations, and that the owner, or the owner's designated 
representative shall be given an opportunity to accompany the appraiser 
during the appraiser's inspection of the property, except that the head 
of the lead agency may prescribe a procedure to waive the appraisal in 
cases involving the acquisition by sale or donation of property with a 
low fair market value.'' The appraisal waiver policy is based on the 
premise that administrative costs, particularly appraisal costs, should 
not be a high proportion, or exceed the value of the actual real 
property to be acquired. The procedure to waive the appraisal is 
specified in 49 CFR 24.102(c) and allows agencies acquiring real 
property to ``* * * determine that an appraisal is unnecessary because 
the valuation problem is uncomplicated and the fair market value is 
estimated at $2,500 or less, based on a review of available data.'' The 
FHWA has previously expanded this policy by issuing a rule on January 
4, 2005 that revised 49 CFR part 24, to allow the State Departments of 
Transportation, to establish an appraisal waiver threshold to a maximum 
of $10,000 and with an approval from the Federal agency increase the 
threshold up to a maximum of $25,000 provided certain conditions were 
applied. Prior to issuing the revised rule the FHWA had already 
expanded the appraisal waiver threshold through 49 CFR 24.7, Federal 
agency waiver of regulations, to allow State Departments of 
Transportation to request an increase in the threshold. Therefore, the 
FHWA will conduct a survey to determine the effectiveness and impact of 
its appraisal waiver policy on the acquisition of real property. The 
survey will assess whether the use of appraisal waivers is successful 
in: (1) Securing agreements with owners, (2) reducing the necessity for 
litigation (eminent domain), (3) providing for consistent treatment of 
owners, and (4) maintaining public confidence in Federal land 
acquisition practices. Also, the FHWA will seek to determine whether 
there are any impacts on the State DOTs' operations from the use of the 
FHWA's appraisal waiver procedures. The information will be evaluated 
and ``best practices'' will be identified. The information will be 
shared with agencies operating under URA for their use in developing 
and enhancing effective use of their appraisal waiver policies.
    Respondents: 50 State Departments of Transportation, the District 
of Columbia and Puerto Rico (Right-of-Way Department).
    Frequency: This one-time survey will be conducted in two parts.
    Estimated Total Annual Burden Hours: The goal of part one is to 
obtain information from the 52 agencies indicated above. In order to 
clarify and expand on gathered information, the goal of part two is to 
conduct follow-up interviews with approximately 15 agencies. The 
estimated average burden for the initial survey is 3 hours per 
respondent. The follow-up interviews will require on average 1 hour to 
complete. The estimated total burden for this one time study is 171 
hours.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.48.

    Issued on: August 3, 2005.
James R. Kabel,
Chief, Management Programs and Analysis Division.
[FR Doc. 05-15690 Filed 8-8-05; 8:45 am]
BILLING CODE 4910-22-P