[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25342-25346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09141]


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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.

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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 
June 27, 2022.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be submitted on regulations.gov 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: [email protected] 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.
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    \1\ Section 205 of the Rail Safety Improvement Act of 2008 
(RSIA), Public Law 110-432, Division A (October 16, 2008).

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[[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:

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                                                                                                                                            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 *
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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.
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    --(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
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    Total Estimated Annual Responses: 163,996.
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    \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.
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    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


