[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Notices]
[Pages 31783-31784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12570]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-7]


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) abstracted below to the Office 
of Management and Budget (OMB) for review and comment. The ICR 
describes the information collection and its expected burden. On March 
15, 2021, FRA published a notice providing a 60-day period for public 
comment on the ICR.

DATES: Interested persons are invited to submit comments on or before 
July 15, 2021.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information 
Collection Clearance Officer at email: Hodan.Wells@dot.gov 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 
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 March 15, 2021, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
the ICR for which it is now seeking OMB approval. See 86 FR 14359. FRA 
received two comments in response to this 60-day notice.
    The Vermont Rail Action Network expressed its concerns to FRA about 
the accuracy of the law enforcement agency data proposed to be 
collected on FRA F 6180.178, specifically the data on race, ethnicity, 
and to a lesser extent, age. The advocacy group argues that problematic 
policing practices will result in FRA having an inaccurate picture of 
those who trespass along railroad rights-of-way in the United States 
because it asserts that the law enforcement data will be distorted 
towards a higher proportion of trespassers who are African American.
    FRA has considered Vermont Rail Action Network's feedback, but 
believes that collecting demographic information is important to its 
goals of reducing the annual number of injuries and fatalities arising 
from trespassing activities. FRA plans to utilize the information 
collected primarily to develop targeted outreach campaigns to dissuade 
individuals from trespassing. Prior to the creation of FRA F 6180.178, 
FRA conducted extensive interviews with law enforcement agencies and 
determined that this standard demographic data would allow FRA and its 
partners to create more impactful educational anti-trespassing 
campaigns through outreach to demographic groups that have been 
observed by law enforcement personnel trespassing along railroad 
rights-of-way.
    The collection of this demographic information may also allow FRA 
to better carry out the goals of the Biden-Harris Administration's 
Executive Order 13985 on Advancing Racial Equity and Support for 
Underserved Communities through the Federal Government \1\ and DOT's 
commitments in its Equity and Access Policy Statement. By gathering 
more demographic data, FRA will be better able to determine whether 
communities that are underserved, marginalized, or adversely affected 
by persistent poverty and inequality have a disproportionate number of 
observed trespassing incidents that necessitate new or enhanced 
outreach efforts. Utilizing the information collection as a whole, FRA 
can then, with its outreach partners, such as Operation Lifesaver and 
Safe Kids Worldwide, direct future trespasser prevention campaigns to 
all communities with a high number of observed trespassing incidents 
and fashion these efforts to maximize their effectiveness.
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    \1\ See Executive Order 13985 directing the Federal Government 
to pursue a comprehensive approach to advance equity, civil rights, 
racial justice, and equal opportunity to strengthen communities that 
have been historically underserved, marginalized, and adversely 
affected by persistent poverty and inequality.
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    FRA received another comment in response to this 60-day notice from 
Dr. Rapik Saat, expressing his support for this ICR and suggesting that 
FRA collect information related to trespassers' socioeconomic 
conditions such as occupation and income level. At the present time, 
FRA does not plan to collect this socioeconomic data from law 
enforcement agencies because this information is not part of the 
agencies' standard data collection practices and would create an undue 
paperwork burden on them.
    FRA also wishes to inform the public that it has made two changes 
to FRA F 6180.178 based on internal feedback. FRA added a clarifying 
footnote noting that railroads must continue to submit any and all 
forms for an accident/incident that are required under 49 CFR part 225. 
FRA also added a data field in which law enforcement agencies can 
indicate whether the trespasser appears intoxicated. This field was 
inadvertently excluded on the original proposed form. FRA will work 
with its outreach partners to develop educational outreach initiatives 
and public service announcement campaigns targeted to establishments 
that are located near railroad tracks if intoxication is deemed to be a 
contributing factor to railroad trespassing.
    Before OMB decides whether to approve the proposed collection of 
information, it must provide 30 days 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 1320.10(b); 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

[[Page 31784]]

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: Report of Railroad Trespasser Form.
    OMB Control Number: 2130-NEW.
    Abstract: Trespasser deaths on railroad rights-of-way and other 
railroad property are the leading cause of fatalities attributable to 
railroad operations in the United States. To address this serious 
issue, the railroad industry, governments (Federal, State, and local), 
and other interested parties must know more about the individuals who 
trespass. With such knowledge, specific educational programs, 
materials, and messages regarding the hazards and consequences of 
trespassing on railroad property can be developed and effectively 
distributed. Due to the lack of available root cause data, FRA proposes 
to collect data from law enforcement agencies to develop general 
descriptions of the root causes of trespassing. This will allow FRA and 
other interested parties, such as Operation Lifesaver, to target 
audiences with appropriate education and enforcement campaigns to 
reduce the resulting annual number of injuries and fatalities.
    Completion and submission of form FRA F 6180.178 will be required 
for law enforcement agency grantees, as a condition of FRA's Railroad 
Trespassing Enforcement Grant. The grantees will complete the form for 
each trespasser incident in their jurisdiction, describing the 
trespassers' race/ethnicity, gender and age to the best of their 
abilities. For law enforcement agencies not receiving FRA's Railroad 
Trespassing Enforcement grants, completion and submission of this form 
is voluntary.
    For convenience to the respondents, FRA proposes an electronic 
option where the respondents can respond via a web-based form. The web-
based form also will facilitate FRA's ability to maintain the data 
collected in a more useful and uniform manner, as the dropdown boxes 
will assist FRA in receiving more standardized responses.
    Type of Request: Approval of a new collection of information.
    Affected Public: Public authorities.
    Form(s): FRA F 6180.178.
    Respondent Universe: Law enforcement agencies.
    Frequency of Submission: Monthly.
    Total Estimated Annual Responses: 3,300.
    Total Estimated Annual Burden: 550 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $26,180.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), 
FRA informs all interested parties that a respondent is not required to 
respond to, conduct, or sponsor a collection of information that does 
not display a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-12570 Filed 6-14-21; 8:45 am]
BILLING CODE 4910-06-P


