Notice2022-09141
Proposed Agency Information Collection Activities; Comment Request
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
April 28, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 82 (Thursday, April 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25342-25346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09141]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2022-0002-N-6]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.
DATES: Interested persons are invited to submit comments on or before
June 27, 2022.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on <a href="http://regulations.gov">regulations.gov</a> to the docket, Docket No. FRA-
2022-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number in any correspondence submitted. FRA
will summarize comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#167e797277783861737a7a655672796238717960"><span class="__cf_email__" data-cfemail="4a22252e2b24643d2f2626390a2e253e642d253c">[email protected]</span></a> or
telephone: (202) 493-0440.
SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
Title: System for Telephonic Notification of Unsafe Conditions at
Highway-Rail and Pathway Grade Crossings.
OMB Control Number: 2130-0591.
Abstract: The collection of information set forth under 49 CFR part
234 is used by FRA to ensure that the Congressional mandate \1\ to
require railroad carriers to establish and maintain a toll-free
telephone service to report unsafe conditions at highway-rail and
pathway grade crossings is carried out. This information is used by
railroads to investigate and respond to unsafe conditions and thereby
reduce the risk of accidents/incidents and corresponding casualties and
property damage at such crossings. Additionally, law enforcement
authorities use the information to direct vehicular traffic or carry
out other activities to maintain safety at the highway-rail grade
crossing or pathway grade crossing.
---------------------------------------------------------------------------
\1\ Section 205 of the Rail Safety Improvement Act of 2008
(RSIA), Public Law 110-432, Division A (October 16, 2008).
---------------------------------------------------------------------------
[[Page 25343]]
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 621 railroads.
Frequency of Submission: On occasion.
Reporting Burden:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total cost
Section \2\ Respondent universe Total annual responses Average time per Total annual equivalent
response burden hours wage \3\
(A)..................... (B)..................... (C) = A * B (D) = C *
--------------------------------------------------------------------------------------------------------------------------------------------------------
234.303(a)-(c) and (e)--Emergency 621 railroads................ 64,000 call reports..... 1 minute................ 1,066.67 $28,800.09
notification systems for telephonic
reporting of unsafe conditions at
highway-rail and pathway grade
crossings--Receipt by dispatching
railroad (RR) of report of unsafe
condition at highway-rail grade
crossing.
--(d) Receipt by dispatching RR 621 railroads................ 1,860 call reports...... 1 minute................ 31.00 2,400.64
of report of unsafe condition at
pathway grade crossing.
234.305(a)(2)--Remedial actions in 621 railroads................ 465 contacts............ 1 minute................ 7.75 557.15
response to reports of unsafe
conditions at highway-rail and
pathway grade crossings--General
rule on response to credible report
of warning system malfunction at a
highway-rail grade crossing--Prompt
contact by the dispatching RR not
having maintenance responsibility
for all trains that are authorized
to operate through the highway-rail
grade crossing of the reported
malfunction prior to each train's
arrival at the crossing.
--(a)(2) General rule on response 621 railroads................ 465 contacts............ 1 minute................ 7.75 600.16
to credible report of warning
system malfunction at a highway-
rail grade crossing--Dispatching
RR to promptly contact the
maintaining RR and inform it of
the reported malfunction.
--(b)(1) General rule on response 621 railroads................ 925 contacts............ 1 minute................ 15.42 1,108.54
to public report of warning
system malfunction at a highway-
rail grade crossing--Prompt
contact by the dispatching RR to
all trains that are authorized
to operate through the highway-
rail grade crossing in an effort
to notify the train crews of the
reported malfunction prior to
each train's arrival at the
crossing.
--(b)(1) General rule on response 621 railroads................ 925 contacts............ 1 minute................ 15.42 1,194.12
to public report of warning
system malfunction at a highway-
rail grade crossing--Prompt
contact by the dispatching RR to
law enforcement agency having
jurisdiction over the highway-
rail grade crossing to provide
the necessary information for
the law enforcement agency to
direct traffic or carry out
other activities to maintain
safety at the highway-rail grade
crossing.
--(b)(2) General rule on response 621 railroads................ 925 contacts............ 1 minute................ 15.42 1,194.12
to public report of warning
system malfunction at a highway-
rail grade crossing--Dispatching
RR that does not have
maintenance responsibility for
the warning system at the
highway-rail grade crossing
shall promptly contact all
trains that are authorized to
operate through the highway-rail
grade crossing in an effort to
notify the train crews of the
reported malfunction prior to
each train's arrival at the
crossing.
--(b)(2) General rule on response 621 railroads................ 925 contacts............ 1 minute................ 15.42 1,194.12
to report of warning system
failure at a pathway grade
crossing--Dispatching RR to
promptly contact the law
enforcement agency having
jurisdiction over the highway-
rail grade crossing and provide
the necessary information for
the law enforcement agency to
direct traffic or carry out
other activities to maintain
safety at the highway-rail grade
crossing.
--(b)(2) General rule on response 621 railroads................ 925 contacts............ 1 minute................ 15.42 1,194.12
to public report of warning
system malfunction at a highway-
rail grade crossing--Dispatching
RR to promptly contact the
maintaining RR and inform it of
the reported malfunction and
maintaining RR to promptly
investigate the report,
determine the nature of the
malfunction, and take the
appropriate action required by
Sec. 234.207.
[[Page 25344]]
--(c)(1) General rule on response 621 railroads................ 12 contacts............. 1 minute................ .20 15.49
to report of warning system
failure at a pathway grade
crossing--Dispatching RR to
promptly contact all trains that
are authorized to operate
through the pathway grade
crossing in an effort to notify
the train crews of the reported
malfunction prior to each
train's arrival at the crossing.
--(c)(1) General rule on response 621 railroads................ 12 contacts............. 1 minute................ .20 15.49
to report of warning system
failure at a pathway grade
crossing--Dispatching RR shall
then promptly contact the law
enforcement agency having
jurisdiction over the pathway
grade crossing and provide the
necessary information for the
law enforcement agency to direct
traffic or carry out other
activities to maintain safety at
the pathway grade crossing.
--(c)(2) General rule on response 465 railroads................ 2 contacts.............. 1 minute................ .03 2.32
to report of warning system
failure at a pathway grade
crossing--Dispatching RR that
does not have maintenance
responsibility for the warning
system at the pathway grade
crossing shall promptly contact
all trains that are authorized
to operate through the pathway
grade crossing in an effort to
notify the train crews of the
reported failure prior to each
train's arrival at the crossing.
--(c)(2) General rule on response 465 railroads................ 2 contacts.............. 1 minute................ .03 2.32
to report of warning system
failure at a pathway grade
crossing--Dispatching RR to
promptly contact the law
enforcement agency having
jurisdiction over the pathway
grade crossing and provide the
necessary information for the
law enforcement agency to direct
traffic or carry out other
activities to maintain safety at
the pathway grade crossing.
--(c)(2) General rule on response 465 railroads................ 2 contacts.............. 1 minute................ .03 2.32
to report of warning system
failure at a pathway grade
crossing--Dispatching RR to
promptly contact the maintaining
railroad and inform it of the
reported failure.
--(d)(1) General rule on response 621 railroads................ 7,440 contacts.......... 1 minute................ 124.00 9,602.56
to report of a disabled vehicle
or other obstruction blocking a
railroad track at a highway-rail
or pathway grade crossing--
Dispatching RR having
maintenance authority to notify
all trains operating through
highway-rail or pathway grade
crossing in an effort to notify
the train crews of the report of
disabled vehicle/other
obstruction prior to each
train's arrival at the crossing.
--(d)(1) General rule on response 621 railroads................ 7,440 contacts.......... 1 minute................ 124.00 9,602.56
to report of a disabled vehicle
or other obstruction blocking a
railroad track at a highway-rail
or pathway grade crossing--
Dispatching RR having
maintenance responsibility to
contact law enforcement
authority and provide
information about report of
disabled vehicle/other
obstruction.
--(d)(2) General rule on response 621 railroads................ 2,560 contacts.......... 1 minute................ 42.67 3,067.55
to report of a disabled vehicle
or other obstruction blocking a
railroad track at a highway-rail
or pathway grade crossing--
Dispatching RR not having
maintenance responsibility to
contact all trains operating
through highway rail or pathway
grade crossing in an effort to
notify the train crews of the
report of disabled vehicle/other
obstruction prior to each
train's arrival at the crossing.
--(d)(2) General rule on response 621 railroads................ 2,560 contacts.......... 1 minute................ 42.67 3,304.36
to report of a disabled vehicle
or other obstruction blocking a
railroad track at a highway-rail
or pathway grade crossing--
Dispatching RR not having
maintenance responsibility to
contact law enforcement
authority and provide
information about report of
disabled vehicle/other
obstruction.
[[Page 25345]]
--(d)(2) General rule on response 621 railroads................ 2,560 contacts.......... 1 minute................ 42.67 3,304.36
to report of a disabled vehicle
or other obstruction blocking a
railroad track at a highway-rail
or pathway grade crossing--
Dispatching RR contact of
maintaining RR regarding report
of disabled vehicle/other
obstruction and maintaining RR
prompt investigation of the
report, determination of the
nature of the obstruction, and
taking necessary action to have
reported obstruction removed.
--(e) Special rule on contacting 621 railroads................ 2 contacts.............. 1 minute................ .03 2.32
a train that is not required to
have communication equipment.
------------------------------------------------------------------------------------------------------------------
--(f) General rule on response to The estimated paperwork burden for this requirement is covered under Sec. 234.305(a), (b), (c), and (d).
report of an obstruction of view Consequently, there is no additional burden associated with this requirement.
at a highway-rail or pathway
grade crossing.
------------------------------------------------------------------------------------------------------------------
--(g) General rule on response to The estimated paperwork burden for this requirement is covered under Sec. 234.305(a), (b), (c), and (d).
report of other unsafe condition Consequently, there is no additional burden associated with this requirement.
at a highway-rail or pathway
grade crossing.
------------------------------------------------------------------------------------------------------------------
--(h)(1) General rule on a 621 railroads................ 12 contacts............. 1 minute................ .20 14.38
maintaining railroad's
responsibilities for receiving
reports of unsafe conditions at
highway-rail and pathway grade
crossings--In general--Provision
of contact information by
maintaining RR to dispatching RR
for reports of unsafe conditions
at highway rail and pathway
grade crossings.
------------------------------------------------------------------------------------------------------------------
--(h)(2) General rule on a The estimated paperwork burden for this requirement is covered under Sec. 234.307. Consequently, there is no
maintaining railroad's additional burden associated with this requirement.
responsibilities for receiving
reports of unsafe conditions at
highway-rail and pathway grade
crossings--Exceptions for use of
a third-party telephone service
and answering machine by a
maintaining railroad.
------------------------------------------------------------------------------------------------------------------
234.306(a)--Multiple dispatching 465 railroads................ 50 appointment 60 minutes.............. 50.00 3,872.00
or maintaining railroads with discussions.
respect to the same highway-rail
or pathway grade crossing;
appointment of responsible
railroad--Duty of multiple
dispatching railroads to appoint
a primary dispatching railroad
for the crossing.
--(b) Duty of multiple 465 railroads................ 50 appointment 60 minutes.............. 50.00 3,872.00
maintaining railroads to appoint discussions.
a railroad responsible for the
placement and maintenance of the
Emergency Notification Systems
(ENS) sign(s).
------------------------------------------------------------------------------------------------------------------
--(c) Duty of multiple The estimated paperwork burden for this requirement is covered under Sec. 234.305(a)(2), (b)(2), (c)(2), and
maintaining railroads with (d)(2). Consequently, there is no additional burden associated with this requirement.
respect to remedial action at
the crossing.
------------------------------------------------------------------------------------------------------------------
234.307(a)--Use of third-party The burden for information (tel. no., etc.) placed on the sign pursuant to Sec. 234.309 is included under Sec.
telephone service by dispatching 234.309 below. Consequently, there is no additional burden associated with this requirement.
and maintaining railroads--
General use of a third-party
telephone service by a
dispatching railroad.
------------------------------------------------------------------------------------------------------------------
--(b) General use of a third- The estimated paperwork burden for this requirement has been fulfilled. Consequently, there is no additional
party telephone service by a burden associated with this requirement.
maintaining railroad.
------------------------------------------------------------------------------------------------------------------
--(c) Duties of third-party The estimated paperwork burden for this requirement is covered under Sec. 234.303 or Sec. 234.305.
telephone service in contacting Consequently, there is no additional burden associated with this requirement.
dispatching and maintaining
railroads.
------------------------------------------------------------------------------------------------------------------
--(d)(1) Duties of railroad using 621 railroads................ 2 contact calls......... 15 minutes.............. .50 38.72
third-party telephone service--
Providing third-party telephone
service with contact information.
--(d)(2) Duties of railroad using 621 railroads................ 2 letters............... 60 minutes.............. 2.00 154.88
third-party telephone service--
Written notice to FRA of intent
to use third-party service.
--(d)(3) Duties of railroad using 621 railroads................ 1 letter................ 60 minutes.............. 1.00 77.44
third-party telephone service--
Informing FRA of any changes in
use or discontinuance of third-
party service.
------------------------------------------------------------------------------------------------------------------
--(e) Third-party telephone The estimated paperwork burden for recordkeeping is covered under Sec. Sec. 234.313 and 234.315. Consequently,
service and railroad there is no additional burden associated with this requirement.
responsibilities.
------------------------------------------------------------------------------------------------------------------
[[Page 25346]]
234.309(a)--ENS Signs in general-- 621 railroads................ 12 contacts............. 10 minutes.............. 2.00 154.88
Provision of information--
Dispatching railroad for a highway-
rail or pathway grade crossing to
provide the maintaining railroad the
telephone number that is to be
displayed on the ENS sign at the
crossing, not later than 180
calendar days before the date that
implementation of an ENS is required.
234.311(c)--ENS sign placement and 621 railroads................ 4,000 replacement of 15 minutes.............. 1,000.00 59,680.00
maintenance--Repair or replacement missing or damaged
of ENS sign after discovery by signs.
responsible railroad of missing,
damaged, or otherwise unusable/
illegible sign to vehicular/
pedestrian traffic.
234.313(a)-(d)--Recordkeeping........ 621 railroads................ 65,860 records of calls. 10 minutes.............. 10,976.67 850,033.32
------------------------------------------------------------------------------------------------------------------
234.315--Electronic recordkeeping.... The estimated paperwork burden for this requirement is covered under Sec. 234.313. Consequently, there is no
additional burden associated with this requirement.
------------------------------------------------------------------------------------------------------------------
Total........................ 621 railroads................ 163,996 responses....... N/A..................... 13,649 985,062
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Estimated Annual Responses: 163,996.
---------------------------------------------------------------------------
\2\ The current inventory exhibits a total burden of 15,317
hours while the total burden in this notice is 13,649 hours. As part
of its review of this ICR renewal, FRA determined some of the
previous estimates were initial estimates, outdated, or duplicative.
\3\ For public respondents, FRA used an hourly rate of $27 per
hour for the value of the public's time. FRA obtained this data from
the Department of Labor, Bureau of Labor Statistics. Additionally,
for railroad respondents, the dollar equivalent cost is derived from
the Surface Transportation Board's 2020 Full Year Wage A&B data
series for railroad workers a 75-percent overhead charge.
---------------------------------------------------------------------------
Total Estimated Annual Burden: 13,649 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$985,062.
FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
Authority: 44 U.S.C. 3501-3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022-09141 Filed 4-27-22; 8:45 am]
BILLING CODE 4910-06-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 April 28, 2022.
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.