Notice2024-06511
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
March 27, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On January 25, 2024, FRA published a notice providing a 60-day period for public comment on the ICR.
Full Text
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<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
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[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21410-21412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06511]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2024-0002]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), 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, this notice announces that FRA is forwarding
the Information Collection Request (ICR) summarized below to the Office
of Management and Budget (OMB) for review and comment. The ICR
describes the information collection and its expected burden. On
January 25, 2024, FRA published a notice providing a 60-day period for
public comment on the ICR.
[[Page 21411]]
DATES: Interested persons are invited to submit comments on or before
April 26, 2024.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular ICR by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#8eeffce2ebfafaeba0e3fbfdfde7e0e9fae1e0ceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="0d6c7f61687979682360787e7e64636a7962634d696279236a627b">[email protected]</span></a> or
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#3f55505e51515a114c485e5959504d5b7f5b504b11585049"><span class="__cf_email__" data-cfemail="553f3a343b3b307b26223433333a273115313a217b323a23">[email protected]</span></a> or
telephone: (757) 897-9908.
SUPPLEMENTARY INFORMATION: The PRA, 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. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On January 25, 2024, FRA
published a 60-day notice in the Federal Register soliciting public
comment on the ICR for which it is now seeking OMB approval. See 89 FR
5084. FRA received no comments related to the proposed collection of
information.
Before OMB decides whether to approve this proposed collection of
information, it must provide 30 days' notice for public comment.
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 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.
Comments are invited on the following ICR regarding: (1) whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information 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 to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
Title: State Highway-Rail Grade Crossing Action Plan.
OMB Control Number: 2130-0589
Abstract: Section 202 of the Rail Safety Improvement Act (RSIA) \1\
of 2008 required the Secretary of Transportation \2\ to identify the 10
States that have had the most-highway-rail grade crossing collisions,
on average, over the prior three years, and to require those States to
develop State highway-rail grade crossing action plans, within a
reasonable period of time, as determined by the Secretary. Section 202
further provided that these plans must identify specific solutions for
improving safety at crossings, including highway-rail grade crossing
closures or grade separations, and must focus on crossings that have
experienced multiple accidents or are at high risk for such accidents.
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\1\ Public Law 110-432 (Oct. 16, 2008).
\2\ See delegation to FRA Administrator at 49 CFR 1.89.
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In 2020, FRA issued a final rule titled, State Highway-Rail Grade
Crossing Action Plans,\3\ to implement the Fixing America's Surface
Transportation Act (FAST Act) requiring fifty \4\ States and the
District of Columbia to develop and implement highway-rail grade
crossing action plans. The final rule also requires ten States that
developed highway-rail grade crossing action plans, as required by RSIA
and FRA's implementing regulation, to update their plans and submit
reports to FRA describing actions they have taken to implement them.
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\3\ See 85 FR 80648 (Dec. 14, 2020).
\4\ In the published 60-day notice, the number of States
required to develop and implement a highway-rail grade crossing
action plan is shown as 40 States. In this 30-day notice, FRA has
made a correction to the number of States from 40 to 50.
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FRA uses the collection of information to ensure that States meet
the congressional mandate and devise and implement suitable plans to
reduce/eliminate highway-rail grade collisions in their States. FRA
reviews these crossing action plans and grade crossing action plan
revisions to ensure that these plans include the following: (1)
identify specific solutions for improving safety at highway-rail grade
crossings, including highway-rail grade crossing closures or grade
separations, (2) focus on crossings that have experienced multiple
accidents or are at high risk for such accidents, and (3) cover a five-
year period.
On January 25, 2024, FRA published a 60-day Federal Register notice
that reflected 5,991 total burden hours and responses of 27. See 89 FR
5084. Upon further review, FRA has determined that the initial
requirement to submit State Action Plans (SAPs) under 49 CFR 234.11(b)
has already been completed. While all States have submitted their SAPs,
States may voluntarily continue to provide updates to their approved
plans which FRA will review and file. FRA also anticipates that
additional clarification on some of these changes may be needed in
order to support an upcoming report to Congress.\5\ FRA's burden
estimate reflects the time needed for States to respond to any follow
up questions with respect to updated Plans or, potentially, approved
plans that have not been updated as FRA prepares its report. As a
result, the paperwork burden associated with this ICR has been
significantly reduced from 5,111 hours to 880 hours for this
submission, with the number of responses reduced from 27 to 17.
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\5\ Section 11401(c) of the FAST Act and section 22403 of the
Infrastructure Investment and Jobs Act, Public Law 117-58 (Nov. 15,
2021), require FRA to prepare a report to Congress that contains an
analysis and evaluation of State highway-rail grade crossing
programs, including strategies to improve highway-rail grade
crossing safety that were identified by States in their SAPs.
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For additional clarity FRA is including the updated burden table
for publication with this 30-day Federal Register notice.
Type of Request: Extension without change, (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses.
Form(s): N/A
Respondent Universe: 50 States + District of Columbia.
Frequency of Submission: On occasion.
Total Estimated Annual Responses: 17.
Total Estimated Annual Burden: 880 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent: $75,637.
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Respondent Total annual Average time Total annual Total cost
CFR section universe responses per response burden hours equivalent
............... (A)............ (B)............ (C = A * B).... (D = C *
wage rates)
\6\
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234.11(b)--New State highway- The requirement under this section has been completed; therefore, there is no
rail grade crossing action paperwork burden associated with this section.
plans.
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--(c)(1) Updated action 10 States...... 2 plans (1 360.00 hours 360.00 hours... $30,934.80
plans (10 listed States medium +1 low). (240 + 120).
in Sec. 234.11(e))--
Grouped into high,
medium, and low burden
plans.
--(c)(2) Implementation 10 States...... 2 reports (1 160.00 hours 160 hours...... 13,748.80
reports (10 listed medium +1 low). (120 + 40).
States in Sec.
234.11(e))--Grouped
into high, medium, and
low burden reports.
--(f)(2) Notification to 50 States + 2.70 5.00 minutes... 0.22 hours..... 18.90
FRA by State or District of notifications.
District of Columbia of Columbia.
another official to
assume responsibilities
described under Sec.
234.11(e)(6).
--(g) Review and 50 States + 10 updated 60 hours 48 360 hours (240 30,934.80
approval. District of plans (5 +24). + 120).
Columbia. medium + 5
low).
--(g) FRA review and The estimated paperwork burden for this requirement is included above under (g),
approval of State Review and approval.
highway-rail grade
crossing action plans:
Disapproved plans
needing revision (10
listed States in Sec.
234.11(e)) Grouped into
high, medium, and low
revised plans.
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Total............... 50 States + 17 responses... N/A............ 880 hours...... 75,637
District of
Columbia.
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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.
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\6\ The dollar equivalent cost is derived from the 2022 (STB)
Full Year Wage A&B data series using employee group 200
(Professional & Administrative) hourly wage rate of $49.10. The
total burden wage rate (straight time plus 75 percent) used in the
table is $85.93 ($49.10 x 1.75 = $85.93).
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Authority: 44 U.S.C. 3501-3520.
Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2024-06511 Filed 3-26-24; 8:45 am]
BILLING CODE 4910-06-P
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