[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49611-49613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20356]



[[Page 49611]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-14]


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 June 
14, 2019, 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 
October 21, 2019.

ADDRESSES: Submit written comments on the ICR to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer. 
Comments may also be sent via email to OMB at the following address: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information 
Collection Clearance Officer, Office of Railroad Safety, Regulatory 
Analysis Division, Federal Railroad Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590 (telephone: (202) 493-6292); or Ms. Kim 
Toone, Information Collection Clearance Officer, Office of Information 
Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590 (telephone: (202) 493-6132).

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 June 14, 2019, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
the ICR for which it is now seeking OMB approval. See 84 FR 27832. FRA 
received 191 comments in response to this 60-day notice which it 
reviewed and summarized below.
    FRA received numerous comments on the 60-day notice from 
individuals, representatives of private companies, cities, community 
hospitals, police departments, and State agencies, including the 
Washington Utilities and Transportation Commission (UTC), the Illinois 
Commerce Commission (ICC), and the Public Utilities Commission of Ohio. 
Commenters across several states, including Indiana, Illinois, Texas, 
Oklahoma, Nebraska, Utah and Washington, alluded to the severity of the 
problem of blocked crossings in their communities. Many commenters 
provided FRA with feedback regarding ongoing problems with blocked 
highway-rail grade crossings in their communities. FRA thanks these 
commenters for their input. However, for purposes of this information 
collection request, FRA is only responding to comments that relate to 
the proposed blocked crossing data collection's burden estimates and 
not on blocked crossings generally.
    FRA reviewed numerous comments in support of the blocked crossing 
data collection from individuals who expressed their frustrations with 
the current reporting process. These comments discussed the need for 
greater reporting accuracy and for the public to have a mechanism for 
reporting slow-moving or stopped trains at railroad crossings. One 
commenter questioned the low number of blocked crossing complaints (669 
complaints over a two-year period) cited in the 60-day notice of the 
proposed data collection and asserted that the number of responses will 
be significantly higher if the proposed data collection is properly 
promoted. The Chicago Metropolitan Agency for Planning shared with FRA 
potential alternative techniques for data collection to evaluate the 
impacts of blocked crossings on local communities, and the UTC urged 
FRA to gather information about the location, duration, and nature of 
the crossing blockages and recommended that FRA develop a national 
educational campaign providing information on how to report blocked 
crossings.
    The Association of American Railroads (AAR) commented on what it 
believes to be several issues with the method and quality of the 
proposed data collection. The AAR notes that the 60-day notice did not 
``define what constitutes either a `blocked crossing' or a `slow 
moving' train.'' Further, the AAR asserts that FRA has not established 
any mechanism that would enable it--or the railroads--to verify or 
investigate public reports of blocked crossings and therefore questions 
the reliability and usefulness of the data. Instead, the AAR recommends 
that FRA direct the public to the railroad for any ``blocked crossing'' 
or ``slow moving train'' concerns.
    FRA believes the number of comments submitted illustrates both the 
need and the urgency to carry out the proposed data collection. The 
proposed data collection will collect information on the impacts of 
blocked crossings, while also gathering data on the location, time, and 
duration of reported blocked crossing incidents. FRA does not believe 
the proposed data collection will create the expectation that FRA and 
the railroads involved will investigate and take action in response to 
reported blocked crossing incidents. As noted, the form will state that 
there are no federal laws or regulations that specifically address the 
length of time trains are permitted to occupy a crossing. The form will 
also state that the information collected is only being used to 
determine the locations, times, and impacts of blocked crossing 
incidents. However, FRA will consider modifying language on the form to 
clarify that no investigation or action should be expected by 
submitting the survey and that there may be legitimate safety and 
operations-related reasons for a crossing to be occupied by a slow-
moving or idling train.
    Some commenters, such as the ICC, observed that FRA's estimates for 
the proposed data collection in the 60-day notice were much too low and 
that FRA's simple survey could take less than two minutes to complete. 
In response to those comments, FRA has taken a second look at its 
estimates proposed in the 60-day notice and revised them. FRA estimated 
the number of responses based on the existing rate of complaints 
received about blocked crossings. However, this estimate did not 
include the anticipated impact of future public promotion of this 
proposed data collection. FRA agrees with the comment that it should 
promote the proposed data collection and educate the public on how to 
report blocked crossings. FRA believes this could result in a tenfold 
increase in the response rate. Therefore, the estimated number of 
responses has been increased by doubling the previous estimate. FRA 
revaluated its estimated time to complete the survey and estimates that 
it will take a responder approximately 3 minutes to complete.
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30 days for public comment. Federal law 
requires OMB to approve or disapprove

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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 
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: Inquiry into Blocked Highway-Rail Grade Crossings throughout 
the United States.
    OMB Control Number: 2130-NEW.
    Abstract: FRA is interested in obtaining more information regarding 
the frequency, location, and impacts of highway-rail crossings blocked 
by slow-moving or idling trains. Currently, there are no federal laws 
or regulations that specifically address how long a train may occupy a 
crossing, whether idling or at slow speeds. Some States and local 
municipalities have laws that vary in how long trains are permitted to 
occupy crossings.
    There are potential safety concerns with crossings that are blocked 
by trains. For instance, pedestrians may crawl under or through idling 
trains. Also, emergency response vehicles and first responders may be 
significantly delayed from responding to an incident or transporting 
patients to a hospital. In addition, drivers may take more risks, such 
as driving around lowered gates at a crossing or attempting to beat a 
train through a crossing without gates, in order to avoid a lengthy 
delay if they are aware that trains routinely block a crossing for 
extended periods of time. There are also potential economic impacts 
that affect businesses, such as stores or restaurants not being 
accessible to a customer base for an extended period of time. Finally, 
highway-rail grade crossings that are blocked for extended periods of 
time may create societal nuisances, such as roadway congestion, late 
mail service and deliveries, disrupted school and work arrival and 
dismissal, or missed appointments.
    Over a recent two-year period, from April 1, 2017, to March 31, 
2019, FRA's Office of Railroad Safety received 669 email complaints 
about blocked crossings through FRA's ``Contact Us'' website. This web 
page is used by the general public to submit any type of comment/
question to FRA's Office of Safety, not just reports of blocked 
crossings. FRA proposes to add new dedicated links to its existing 
website and an existing phone application (app) for a user to report 
blocked crossings. This would simplify the reporting of blocked 
crossing information and standardize the data received about blocked 
crossings.
    The proposed data collection would be gathered using three methods:
    1. A link would be added to FRA's existing website directing a user 
to a web-based form to submit information about a blocked crossing to 
FRA. Access to this web-based form would be unrestricted and available 
to the general public.
    2. A link would be added to the existing FRA phone app, ``FRA 
Crossing Locator App,'' that will direct users to an app-based form to 
submit information about a blocked crossing to FRA. Access to the form 
on the phone app would be unrestricted and available to the general 
public.
    3. A link would be added to FRA's existing website directing law 
enforcement personnel to submit information about a blocked crossing to 
FRA. Access for law enforcement personnel to use the form would be 
restricted to users with a username and password, managed by FRA.
    Upon accessing the form, a user would be notified that there are no 
federal laws or regulations that specifically address the length of 
time a train may occupy a highway-rail grade crossing. The user would 
be notified that the information submitted will not be forwarded to a 
railroad, State, or local agency, and is only being used for data 
collection purposes to determine the locations, times, and impacts of 
blocked crossings. The questions asked on each form will be identical 
for all three methods of collection.
    Type of Request: Approval of a new collection of information.
    Affected Public: Public individuals and law enforcement personnel.
    Form(s): FRA F 6180.175.
    Respondent Universe: General public and national law enforcement 
personnel.
    Frequency of Submission: On occasion; one-time.
    Reporting Burden:

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                                                                   Average time
                   CFR section                     Total annual    per responses   Total annual     Total cost
                                                     responses       (minutes)     burden hours   equivalent \1\
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General Public via the unrestricted form on the            3,500               3             175          $4,725
 FRA website....................................
General Public via the FRA Crossing Locator                  500               3              25             675
 Phone Application..............................
Law Enforcement Personnel via the limited access           1,000               3              50           1,350
 form on the FRA website........................
                                                 ---------------------------------------------------------------
    Total.......................................           5,000             N/A             250           6,750
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\1\ 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.

    Total Estimated Annual Responses: 5,000.
    Total Estimated Annual Burden: 250 hours.
    Total Estimated Dollar Equivalent Burden Cost: $6,750.
    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 it may not conduct or sponsor, 
and a respondent is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.


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

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019-20356 Filed 9-19-19; 8:45 am]
 BILLING CODE 4910-06-P