[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Pages 2482-2485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00731]



Federal Railroad Administration

[Docket No. FRA-2022-0002-N-1]

Proposed Agency Information Collection Activities; Comment 

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of information collection; request for comment.


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 
March 15, 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.

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 summaries below describe the ICRs that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Abstract: Under authority granted by the Noise Control Act of 1972, 
the Environmental Protection Agency (EPA) has established limits for 
noise emissions related to rail carriers in 40 CFR part 201. Those 
limits are enforced by FRA under 49 CFR part 210. In particular, the 
information FRA collects under Sec.  210.27 is necessary to ensure 
compliance with EPA noise standards for new locomotives. Although 
railroads no longer need to display a certification badge or tag in the 
locomotive cab, as was previously required by now-removed Sec.  
210.27(d), the locomotives still need to be tested and certified to 
comply with the noise emission standards, as required under Sec.  
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 4 locomotive manufacturers.
    Frequency of Submission: On occasion.
    Reporting Burden:

[[Page 2483]]

                                                                                                                           Total annual     Total cost
           CFR section \1\                Respondent universe       Total annual responses     Average time per response   burden hours     equivalent
                                                                 (A)........................  (B).......................     (C) = A * B  (D) = C * wage
                                                                                                                                                rate \2\
210.11--Waivers......................  FRA anticipates zero waivers.
210.27(a)-(c)--New locomotive          4 locomotive              4 requests.................  30 minutes................               2            $155
 certification--Request for             manufacturers.
210.31--Operation standards            The estimated paperwork burden for recording locomotive noise emission tests is under OMB control number 2130-
 (stationary locomotives at 30          0004 under the ``Remarks'' section on the reverse side of Form FRA F 6180.49A.
 meters)--Recorded locomotive noise
 emission test under the ``Remarks''
 section on the reverse side of Form
 FRA F 6180.49.
    Total............................  4 locomotive              4 responses................  N/A.......................               2             155

    Total Estimated Annual Responses: 4.

    \1\ The current inventory exhibits a total burden of 2,237 hours 
while the total burden of this notice is 2 hours. As part of its 
review of this ICR renewal, FRA determined the 2018 estimates 
incorrectly included the time associated with the testing. For 
instance, under Sec.  210.31, the burdens associated with testing 
have been addressed when FRA calculated the economic costs of the 
regulatory requirements. Additionally, the burden associated with 
the test records are covered under OMB control number 2130-0004. 
Thus, FRA has adjusted the estimated paperwork burden in the PRA 
table above so that it does not include activities outside of the 
scope of the PRA.
    \2\ Throughout this notice, the dollar equivalent cost is 
derived from the Surface Transportation Board's 2020 Full Year Wage 
A&B data series using the appropriate employee group hourly wage 
rate that includes a 75-percent overhead charge.

    Total Estimated Annual Burden: 2 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $155.
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.
    OMB Control Number: 2130-0560.
    Abstract: Under 49 CFR part 222, FRA seeks to collect information 
from railroads and public authorities in order to increase safety at 
public highway-rail grade crossings nationwide by requiring that 
locomotive horns be sounded when trains approach and pass through these 
crossings or by ensuring that a safety level at least equivalent to 
that provided by routine locomotive horn sounding exists for quiet zone 
corridors in which such horn sounding is silenced. FRA reviews 
applications by public authorities intending to establish new quiet 
zones by implementing alternative safety measures and approves the 
effectiveness rate assigned to them.
    FRA made several adjustments to its estimated paperwork burdens in 
this ICR extension.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 754 railroads/645 public authorities.
    Frequency of Submission: On occasion.
    Reporting Burden:

                                  Respondent      Total annual     Average time    Total annual     Total cost
       CFR section \3\             universe        responses       per response    burden hours     equivalent
                                                (A)............  (B)............     (C) = A * B  (D) = C * wage
222.15--How does one obtain a  754 railroads +  2 petitions....  4 hours........            8.00         $619.52
 waiver of a provision of       645 public
 this regulation?--Petition     Authorities.
 for waiver.
222.17--How can a State        FRA anticipates zero applications, as FRA has yet to receive any submissions
 agency become a recognized     under this provision.
 State agency?
222.39(b)--How is a quiet      645 public       15 applications  80 hours.......       $1,200.00       74,148.00
 zone established?--Public      authorities.
 authority application to
 FRA--Applications to
 establish quiet zone.
--(b)(1)(i) Updated Grade      645 public       75 updated       30 minutes.....           37.50        2,317.13
 Crossing Inventory Form        authorities.     forms.
 (includes requirements under
--(b)(1)(iii) Diagnostic team  645 public       3 team reviews.  16 hours.......           48.00        3,717.12
 review of proposed quiet       authorities.
 zone crossings.
--(b)(3)(i) 60-day comment     645 public       90 copies......  2 minutes......            3.00          185.37
 period--Copies of quiet zone   authorities.
--(b)(3)(ii) 60-day comment    754 railroads..  30 comments....  1.5 hours......           45.00        3,484.80
 period--Comments to FRA on
 Quiet Zone Application.

[[Page 2484]]

--(b)(3)(iii) 60-day comment   FRA anticipates zero written statements.
 period--Written no-comment
222.43--What notices and       Public           60 notices +     40 hours + 10          2,430.00      150,149.70
 other information are          authorities,     180              minutes.
 required to create or          railroads, and   notifications.
 continue a quiet zone? --      state agencies.
 Written notice of public
 authority's intent to create
 new quiet zone and
 notification to required
--(b)(3) Notice of Intent -60- 754 railroads..  120 comments...  1.5 hours......          180.00       13,939.20
 day comment period.
--(d) Notice of Quiet Zone     645 public       60 notices +     40 hours + 10          2,460.00      152,003.40
 Establishment--The Notice of   authorities.     360              minutes.
 Quiet Zone Establishment and                    notifications.
 notification to required
--(d)(2)(v)-(vi) Required      645 public       300 updated      30 minutes.....          150.00        9,268.50
 contents--Updated Crossing     authorities.     forms.
 Inventory Forms (includes
 requirements under
--(d)(2)(xi) Certification by  645 public       60               5 minutes......            5.00          308.95
 chief executive officer that   authorities.     certifications.
 the information submitted by
 the public authority is
222.47--What periodic updates  645 public       180 written      30 minutes + 2           126.00        7,785.54
 are required?--Written         authorities.     affirmations +   minutes.
 affirmation to FRA that                         1,080 copies.
 Supplementary or Alternative
 Safety Measures (SSMs or
 ASMs) conform to the
 requirements of Appendices A
 and B or the terms of the
 Quiet Zone approval--Copies
 of such notification must be
 provided to the required
--(b)(2) Updated Crossing      645 public       900 updated      30 minutes.....          450.00       27,805.50
 Inventory Forms (includes      authorities.     forms.
 requirements under
222.51(a)-(b)--Under what      645 public       15 written       5 hours........           75.00        4,634.25
 conditions will quiet zone     Authorities.     commitments.
 status be terminated?--
 Written commitment to lower
 the potential risk to the
 traveling public at the
 crossings within the quiet
--(c) Review at FRA's          645 public       2 comments.....  30 minutes.....            1.00           61.79
 initiative--Comments from      authorities.
 interested parties during
 FRA's review of quiet zone
222.55(b)--How are new         645 public       1 letter.......  30 minutes.....             .50           30.90
 supplementary or alternative   authorities.
 safety measures approved? --
 Request for FRA Approval of
 new SSMs or ASMs for quiet
--(d) Request for SSM/ASM      Interested       1 letter.......  30 minutes.....             .50           30.90
 approval upon completion of    parties and
 demonstration of proposed      public.
 new SSMs or ASMs.
222.57(a)--Can parties seek    645 public       1 petition + 6   2 hours + 2                2.20          135.94
 review of the Associate        authorities      copies.          minutes.
 Administrator's actions?--A    and interested
 public authority or other      parties.
 interested party may
 petition FRA for review of
 any decision by the
 Associate Administrator
 granting or denying an
 application for approval of
 a new SSM or ASM under Sec.
  222.55 (plus copies to the
 required parties).

[[Page 2485]]

--(b) Request for FRA          645 public       1 petition       2 hours + 2                2.20          135.94
 reconsideration of             authorities.     letter + 6       minutes.
 disapproval of Quiet Zone                       copies.
 and copies of requests to
 the required parties.
--(b) Additional documents to  645 public       1 additional     2 hours........            2.00          123.58
 FRA as a follow-up to          authorities.     document and
 petition for reconsideration.                   set of
--(b) Letter requesting FRA    645 public       1 letter.......  30 minutes.....             .50           30.90
 for an informal hearing.       authorities.
222.59(b)--When may a wayside  645 public       5 notices + 30   2.5 hours + 2             13.50          834.17
 horn be used?--Written         authorities.     copies.          minutes.
 notice of use of wayside
 horn at Grade Crossing
 within a quiet zone plus
 copies of the written
 notices to the required
--(c) Notice of wayside horn   645 public       5 notices + 30   2.5 hours + 2             13.50          834.17
 located outside a quiet zone.  authorities.     copies.          minutes.
Appendix B to Part 222--       FRA anticipates zero submissions. Additionally, FRA has yet to receive any
 Alternative Safety Measures--  submissions under this provision.
 Non-engineering ASMs--
 Programmed Enforcement.
Appendix B to Part 222--       FRA anticipates zero submissions. Additionally, FRA has yet to receive any
 Alternative Safety Measures--  submissions under this provision.
 Modified SSMs, Engineering
 ASMs--Photo Enforcement.
229.129(c)(10)--Locomotive     The one-time testing requirement under this provision for locomotives built
 horn--Written Reports and      before September 18, 2016 has been fulfilled. However, any estimated burden for
 Records of Locomotive Horn     testing records will be covered under OMB control number 2130-0004 under 229.23.
    Total....................  754 railroads +  3,620 responses  N/A............           7,253         452,585
                                645 public

    Total Estimated Annual Responses: 3,620.

    \3\ The current inventory exhibits a total burden of 9,236 hours 
while the total burden of this notice is 7,254 hours. As part of its 
review of this ICR renewal, FRA determined some of the previous 
estimates were initial estimates, outdated, or duplicative. For 
instance, the burdens previously associated with Appendix B to Part 
222 were zeroed because FRA has yet to receive, and does not 
anticipate receiving, any submissions under this provision. 
Additionally, the estimated paperwork burdens for Sec. Sec.  222.25, 
222.27, 222.35, 222.37, 222.38, 222.45, and 222.49(b) are covered 
under Sec. Sec.  222.39 and 222.43.

    Total Estimated Annual Burden: 7,253 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
    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,
Deputy Chief Counsel.
[FR Doc. 2022-00731 Filed 1-13-22; 8:45 am]