[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]
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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.
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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 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.
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\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.
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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\
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\3\ The average time per response will be remain at 3 minutes
per response since the modification made under BIL requirement is de
minimis.
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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:
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Total annual
Section \4\ Total annual responses Average time per burden Total cost
response hours equivalent
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(A).................... (B)............... (C) = A * B (D) = C * wage rate
\5\
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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\.
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Total...................... 15,862 responses....... N/A............... 1,033 40,406
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Total Estimated Annual Responses: 15,862.
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\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.
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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