[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41166-41168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14710]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-11]


Proposed Agency Information Collection Activities; Comment 
Request

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, 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 April 
1, 2022, 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 August 
10, 2022.

[[Page 41167]]


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: [email protected] or 
telephone: (202) 868-9412.

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 April 1, 2022, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
the ICR for which it is now seeking OMB approval. See 87 FR 19176. FRA 
received one comment from the Association of American Railroads (AAR) 
related to the proposed collection of information.
    In its comment letter, AAR expressed its concerns about the 
reliability of the data collected by the blocked crossing portal, 
noting the potential for the public to submit reports of trains moving 
through highway-rail grade crossings in the ordinary course of 
operations rather than of avoidable, blocked crossing incidents. AAR 
also noted that there is no mechanism in place to guard against 
individuals submitting multiple reports of a single event, asserting 
that a small number of people could repeatedly submit a high volume of 
complaints regarding trains at specific locations. Finally, AAR 
asserted that FRA failed take into account the paperwork burden imposed 
when FRA requests further information from a railroad as part of its 
blocked crossing investigation.
    As referenced below, the Infrastructure Investment and Jobs Act, 
(Pub. L. 117-58), also known as the ``Bipartisan Infrastructure Law'' 
(BIL) requires that FRA maintain an online portal and corresponding 
database to receive information from the public regarding blocked 
highway-rail grade crossings. Section 22404(i) of BIL requires FRA to 
submit a report to Congress that discusses, among other things, whether 
FRA's blocked crossing portal continues to be an effective method to 
collect blocked crossing information, as well as changes that could be 
made to improve its effectiveness. On June 14, 2022, FRA published a 
request for information (RFI) in the Federal Register, soliciting 
comments on how FRA's engagement with affected parties and changes to 
the portal and related operations can improve the effectiveness of the 
portal. See 87 FR 36036. FRA encourages AAR and other affected parties 
to submit its suggestions on how to improve the effectiveness of the 
portal to the RFI docket.
    FRA appreciates AAR's comments about the quality of the blocked 
crossing portal's collected data and seeks comments through the RFI on 
ways in which it can be improved. Before FRA follows up with a railroad 
on a reported blocked crossing, FRA reviews information available about 
the blocked crossing incident. If FRA determines that the blocked 
crossing arose because a train moved through a highway-rail grade 
crossing in the ordinary course of operations, FRA will not investigate 
the incident further. In addition, if FRA determines that the railroad 
had an operational justification for blocking the crossing, FRA will 
include this information in its records.
    Since the introduction of the blocked crossing portal in 2020, FRA 
has streamlined its procedures for following-up with railroads in 
response to blocked crossing reports. In response to AAR feedback that 
FRA's inquiries were too onerous, FRA completes the majority of its 
follow-up requests after a brief phone call with the involved railroad 
or during stakeholder meetings. Additionally, FRA also recognizes that 
railroads may not collect the requested information and, in those 
circumstances, FRA considers the response of ``not known'' sufficient. 
Nonetheless, FRA agrees with AAR that it should adjust its estimated 
paperwork burdens to account for railroad responses to FRA's inquiries. 
Accordingly, FRA is updating its burden estimates in the re-published 
PRA table to better account for railroads' burdens in response to FRA's 
follow-up inquiries.
    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 1320.12(a); 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: 2130-0630.
    Abstract: In 2020, FRA created a dedicated website allowing the 
public and law enforcement personnel to use web-based forms to 
voluntarily submit information about blocked crossings to FRA.\1\ Under 
the currently approved information collection request, users provide 
information regarding the location, date, time, duration, and immediate 
impacts of highway-rail grade crossings blocked by slow-moving or 
stationary trains. FRA uses the data collected to gain a more complete 
picture of where, when, for how long, and what impacts result from 
reported blocked crossing incidents.\2\ Additionally, FRA uses the 
information to respond to congressional inquiries so that congressional 
staff can respond to their constituents. Furthermore, FRA uses the 
information gathered to facilitate meetings, outreach, and other 
solutions for stakeholders to reduce or eliminate blocked crossing 
concerns.
---------------------------------------------------------------------------

    \1\ Access to the web-based form used by the public is 
unrestricted. Access to the web-based form used by law enforcement 
personnel and first responders is restricted to law enforcement 
personnel with usernames and passwords managed by FRA.
    \2\ The data collection is not designed to provide a 
representative sample or create generalizable statistics. 
Additionally, the data gathered from this collection is not suitable 
for use in budgetary requests or regulatory proposals.
---------------------------------------------------------------------------

    Upon accessing these web-based forms, users are notified there are 
no Federal laws or regulations that specifically address the length of 
time a

[[Page 41168]]

train may occupy a highway-rail grade crossing. Users are also notified 
that information submitted will not be forwarded to a railroad, State, 
or local agency, and will only being used for data collection purposes 
to determine the locations, times, and impacts of blocked crossings.
    On November 15, 2021, the BIL was enacted. In addition to mandating 
that FRA establish an online portal and corresponding database to 
receive information regarding blocked highway-rail grade crossings, 
section 22404 of BIL ``encourages each complainant to report the 
blocked crossing to the relevant railroad.'' Therefore, in preparation 
for this new statutory mandate, FRA proposes to modify the existing 
web-based forms by adding one question, ``have you contacted the 
railroad?'' Otherwise, the rest of the questions on the web-based forms 
will remain the same.\3\
---------------------------------------------------------------------------

    \3\ The average time per response will be remain at 3 minutes 
per response since the modification made under BIL requirement is de 
minimis.
---------------------------------------------------------------------------

    Currently, there are no Federal laws or regulations that 
specifically address how long a train may occupy a crossing, whether 
stationary or operating at slow speeds. Some States and local 
municipalities have laws that vary in how long trains are permitted to 
occupy crossings. However, there are legitimate operational reasons why 
trains may block grade crossings, including trains stopping for 
compliance with Federal regulatory requirements (such as required 
safety tests and inspections). Therefore, some courts have found that 
State laws and regulations that address how long trains may occupy 
grade crossings have the effect of regulating aspects of railroad 
operations currently regulated by FRA and are thus preempted by the 
Federal railroad safety statutes and regulations. (See CSX Transp., 
Inc. v. City of Plymouth, 283 F.3d 812 (6th Cir. 2002)). In addition, 
some courts have found State laws and regulations attempting to limit 
the time trains are permitted to occupy grade crossings to be preempted 
by the Interstate Commerce Commission Termination Act, which provides 
the Surface Transportation Board with broad jurisdiction over railroad 
operations. (See Elam v. Kansas City So., 635 F.3d 796 (5th Cir. 
2011)).
    There are potential safety concerns with crossings that are blocked 
by trains. For instance, pedestrians may crawl under or through 
stationary trains. Also, emergency response vehicles and first 
responders may be delayed when responding to an incident or 
transporting persons 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 their customer base for an extended time period. Finally, 
highway-rail grade crossings that are blocked for extended time periods 
may create societal nuisances, such as roadway congestion, delayed mail 
service and deliveries, disrupted school and work arrival and 
dismissal, or missed appointments.
    Type of Request: Revision of a currently approved collection.
    Affected Public: Public individuals, law enforcement personnel, and 
first responders.
    Form(s): FRA F 6180.175.
    Respondent Universe: Public individuals, law enforcement personnel, 
and first responders.
    Frequency of Submission: On occasion. Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                              Total annual
          Section \4\            Total annual  responses   Average time  per      burden         Total cost
                                                               response           hours          equivalent
----------------------------------------------------------------------------------------------------------------
                                 (A)....................  (B)...............   (C) = A * B   (D) = C * wage rate
                                                                                                             \5\
----------------------------------------------------------------------------------------------------------------
General public via the           15,500 responses.......  3 minutes.........           775               $20,925
 unrestricted form on the FRA
 website.
Law enforcement personnel        350 responses..........  3 minutes.........          17.5                   895
 (including first responders)
 via the limited access form on
 the FRA website.
Monthly meeting between FRA and  12 meetings and reviews  20 hours..........           240                18,586
 Class I railroads on blocked
 crossings--Review of blocked
 crossings data from FRA's
 blocked crossings portal \6\.
                                --------------------------------------------------------------------------------
    Total......................  15,862 responses.......  N/A...............         1,033                40,406
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 15,862.
---------------------------------------------------------------------------

    \4\ The current inventory exhibits a total burden of 250 hours 
while the total burden of this notice is 1,033 hours. The increase 
in burden hours is due to an anticipated increase in the number of 
responses.
    \5\ For the value of the public's time, FRA used an hourly rate 
of $27 per hour from the Department of Labor, Bureau of Labor 
Statistics (BLS). For law enforcement and first responder 
respondents, FRA used an hourly wage rate of $49.74 per hour that 
includes an average benefit rate of $20.87 from BLS' Occupational 
Employment Statistics (OES) 33-3000, classified within NAICS 999200, 
State Government--excluding schools and hospitals. See https://www.bls.gov/oes/current/naics4_999200.htm. For railroad respondents, 
FRA used an hourly wage rate of $77.44 that includes a 75-percent 
overhead charge from the Surface Transportation Board's 2020 Full 
Year Wage A&B data series for railroad workers.
    \6\ FRA adds this row in response to AAR's comments that FRA 
should account for railroads' estimated paperwork burdens in 
responding to FRA's follow-up inquiries on blocked crossings.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 1,033 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $40,406.
    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.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2022-14710 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-06-P