Notice2022-14188
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
July 5, 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
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39894-39896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14188]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2022-0002-N-13]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
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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
September 6, 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 (2130-0017) 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: Mr. John Purnell, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#d8b2b7b0b6f6a8adaab6bdb4b498bcb7acf6bfb7ae"><span class="__cf_email__" data-cfemail="84eeebeceaaaf4f1f6eae1e8e8c4e0ebf0aae3ebf2">[email protected]</span></a> or
telephone: (202) 713-0246, or Ms. Hodan Wells, Information Collection
Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#96fef9f2f7f8b8e1f3fafae5d6f2f9e2b8f1f9e0"><span class="__cf_email__" data-cfemail="acc4c3c8cdc282dbc9c0c0dfecc8c3d882cbc3da">[email protected]</span></a> or telephone: (202)
868-9412.
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: U.S. DOT Crossing Inventory.
OMB Control Number: 2130-0017.
Abstract: On January 6, 2015, FRA published in the Federal Register
a final rule that requires railroads that operate one or more trains
through highway-rail or pathway crossings to submit information to the
U.S. DOT National Highway-Rail Crossing Inventory about the crossings
through which they operate.\1\ These amendments, mandated by section
204 of the Rail Safety Improvement Act of 2008, require railroads to
submit information about previously unreported and new highway-rail and
pathway crossings to the U.S. DOT National Highway-Rail Crossing
Inventory, and to periodically update existing crossing data.
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\1\ This final rule was subsequently amended on June 10, 2016,
in response to a petition for reconsideration submitted by the
Association of American Railroads. See 81 FR 37521.
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In this 60-day notice, FRA made multiple adjustments which
increased the previously approved burden hours from 8,293 hours to
8,663 hours. For instance:
[[Page 39895]]
<bullet> Under Sec. 234.403(a-c), the burden increased from 34
hours to 1,509 hours due to changes in the number of responses--from
1,081 updated records to 30,018 updated records per year. FRA's
estimate is based on how frequently these updates have been submitted
to date.
<bullet> Under Sec. 234.405(b), the burden decreased from 883
hours to 17 hours annually due to changes in the number of responses--
from 10,600 responses to 200 responses. FRA's estimate is based on how
frequently these updates have been submitted to date.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses, States, and the District of Columbia
(DC).
Form(s): FRA F 6180.71.
Respondent Universe: 50 States, DC, and 667 railroads.
Frequency of Submission: On occasion.
Reporting Burden
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Total annual Total cost
CFR section \2\ Respondent universe Total annual responses Average time per response burden hours equivalent
(A).................... (B)......................... (C) = A * B (D) = C * wage \3\
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234.403(a-c)--Submission of data to 50 States/DC & 667 338 forms.............. 30 minutes.................. 169 $13,013
the U.S. DOT Highway-Rail Crossing railroads.
Inventory: Completion of inventory
form.
--GCIS update of designated data 50 States/DC & 667 30,018 updates......... 3 minutes................... 1,509 115,577
submitted by railroads & states/DC. railroads.
--Excel lists of submitted data..... 50 States/DC & 667 836 lists.............. 15 minutes.................. 209 16,093
railroads.
--Changes/corrections to Crossing 50 States/DC & 667 122,520 records........ 3 minutes................... 6,126 471,702
Inventory data submitted via API railroads.
computer program.
--Written requests by states/DC & 50 States/DC & 667 5 requests............. 15 minutes.................. 1.25 77
railroads for FRA Crossing railroads.
Inventory Guide.
(d)--Reporting Crossing Inventory 50 States/DC & 667 1 notice............... 60 minutes.................. 1 77
data by state agencies/DC on behalf railroads.
of railroads: Written notices to
FRA.
(e)(1)--Consolidated reporting by 667 railroads.......... 15 notices............. 60 minutes.................. 15 1,155
parent corporation on behalf of its
subsidiary railroads: Written
notice to FRA.
(e)(2)--Immediate notification to 667 railroads.......... 5 notices.............. 60 minutes.................. 5 385
FRA by parent corporation of any
changes in the list of subsidiary
railroads for which it reports.
234.405(a)(1)--Initial submission of 667 railroads.......... 300 assigned inventory 5 minutes................... 25 1,925
previously unreported highway-rail members.
and pathway crossings through which
they operate by primary operating
railroads: Providing assigned
crossing inventory number to each
railroad that operates one or more
trains through crossing.
--Primary operating railroad 667 railroads.......... 200 provided assigned 5 minutes................... 16.6 1,309
providing assigned inventory number inventory numbers.
to other (2) railroads operating
through crossing.
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234.405(b)--Submission of crossing Duplicate estimate removed. The estimated paperwork burden for this requirement is included under Sec. 234.403(a-
data specified in the Inventory c). Consequently, there is no additional burden associated with this requirement.
Guide to the Crossing Inventory.
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(c)--Duty of all operating 667 railroads.......... 10 notices/............ 60 minutes.................. 10 770
railroads: Notification to FRA of notifications..........
previously unreported crossing
through which it operates.
(d)--Incomplete submission by state 667 railroads.......... 70 certification 2 minutes................... 2.3 154
agency/DC: Written certification by statements.
primary operating railroad that
state/DC has not provided requested
crossing information.
--Copies of written certification 667 railroads.......... 75 certification copies 2 minutes................... 2.5 231
statements to other operating
railroads and responsible state
agency/DC.
234.407(a)--Submission of initial 667 railroads.......... 50 assigned inventory 5 minutes................... 4.2 308
data to the Crossing Inventory for numbers.
new Crossings: Providing assigned
inventory numbers for new highway-
rail and pathway crossings through
which they operate by primary
operating railroads to each
railroad that operates one or more
trains through the crossing.
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(b) Each operating railroad must Duplicate estimate removed. The estimated paperwork burden for this requirement is included under Sec.
submit accurate inventory forms or 234.407(a). Consequently, there is no additional burden associated with this requirement.
electronic equivalent to the FRA
crossing inventory for new highway-
rail & pathway crossings operating
on separate tracks.
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234.409(a)--Submission of periodic Duplicate estimate removed. The estimated paperwork burden for this requirement is included under Sec. 234.403.
updates to the Crossing Inventory Consequently, there is no additional burden associated with this requirement.
by primary operating railroad.
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234.411(a)--Notification/report by 667 railroads.......... 400 notices/reports.... 15 minutes.................. 100 7,700
railroad to primary operating
railroad of sale of all or part of
a highway-rail or pathway on or
after June 10, 2016.
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[[Page 39896]]
(b)--Crossing closure: Submission of Duplicate estimate removed. The estimated paperwork burden for this requirement is included under Sec. 234.403.
Crossing Inventory form by primary Consequently, there is no additional burden associated with this requirement.
operating railroad that closes
highway-rail and pathway crossing.
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(c)--Primary operating RR submission 667 railroads.......... 1,200 forms............ 5 minutes................... 100 7,700
of inventory form for change in
crossing characteristics.
234.413(a & b)--Recordkeeping--RR 667 railroads.......... 350 duplicate copies... 1 minute.................... 5.8 462
Duplicate copy of each inventory
form submitted in hard copy to the
Crossing Inventory.
--Copy of electronic confirmation 667 railroads.......... 265,365 copies......... 5 seconds................... 368.6 28,413
received from FRA after electronic
submission of crossing data to
Crossing Inventory.
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--List of locations where a copy of Duplicate estimate removed. The estimated paperwork burden for these requirements is included under Sec.
any record required by this Subpart 234.413(a) and Sec. 234.413(b). Consequently, there is no additional burden associated with these requirements.
may be accessed and copied.
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Total........................... 50 States/DC & 667 421,758 responses...... N/A......................... 8,663 667,051
railroads.
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\2\ The current inventory exhibits a total burden of 8,293 hours while the total burden of this notice is 8,663 hours.
\3\ FRA uses the STB's 2020 Full Year Wage A&B Group No. 200, Professional and Administrative, to represent the wage rate for the respondent universe.
The average hourly wage rate is $44.25. FRA adds an overhead of 75 percent to the hourly wage for a fully loaded hourly wage of $77.44 ($44.25 *
1.75). FRA rounds the fully loaded hourly wage rate to $74 for purposes of this ICR.
Total Estimated Annual Responses: 421,758.
Total Estimated Annual Burden: 8,663 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$667,051.
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. 2022-14188 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-06-P
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