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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.

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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

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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

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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
Federal Transit Administration,
Department of Transportation (DOT).
ACTION: Notice of request for comments.
AGENCY:

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
SUMMARY:

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Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices
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 [email protected].
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

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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

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37551

• 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)
Federal Transit Administration,
Department of Transportation (DOT).
ACTION: Notice of request for comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)

SUMMARY:

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