[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
[[Page 49612]]
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........................
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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.
[[Page 49613]]
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