[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 5084-5086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01498]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2024-0002]


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, FRA seeks approval of the Information 
Collection Request (ICR) summarized 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 25, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be submitted on regulations.gov to the docket, Docket No. FRA-
2024 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 (2130-0589) in

[[Page 5085]]

any correspondence submitted. FRA will summarize comments received in a 
subsequent 30-day notice and include them in its information collection 
submission to OMB.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (757) 897-9908.

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 statutes and regulations mandate. In summary, 
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 summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires.
    Title: State Highway-Rail Grade Crossing Action Plans.
    OMB Control Number: 2130-0589.
    Abstract: Section 202 of the Rail Safety Improvement Act (RSIA) \1\ 
of 2008 required the Secretary of Transportation to identify the 10 
States that had the most highway-rail grade crossing collisions, on 
average, over the previous three years and to require those States to 
develop State highway-rail grade crossing action plans within a 
reasonable period of time, as determined by the Secretary. Section 202 
of the RSIA further provided that these plans must identify specific 
solutions for improving safety at crossings, including highway-rail 
grade crossing closures or grade separations, and must focus on 
crossings that have experienced multiple accidents or are at high risk 
for such accidents.
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    \1\ Public Law 110-432, sec. 202 (Oct. 16, 2008).
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    In 2020, FRA issued a final rule titled, State Highway-Rail Grade 
Crossing Action Plans,\2\ to implement section 11401(b) of the Fixing 
America's Surface Transportation Act (FAST Act) which required 40 
States and the District of Columbia to develop and implement highway-
rail grade crossing action plans. The final rule also required ten 
States that developed highway-rail grade crossing action plans, as 
required by RSIA and FRA's implementing regulation, to update their 
plans and submit reports to FRA describing actions they have taken to 
implement their plans.
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    \2\ 85 FR 80648 (Dec. 14, 2020).
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    FRA uses the collection of information to ensure that States meet 
the Congressional mandate and devise and implement suitable plans to 
reduce/eliminate highway-rail grade collisions. FRA reviews these 
crossing action plans and crossing action plan revisions to ensure that 
these plans include the following: (1) identify specific strategies for 
improving safety at highway-rail grade crossings, including highway-
rail grade crossing closures or grade separations; (2) focus on 
crossings that have experienced multiple accidents or are at high risk 
for such accidents; and (3) cover a five-year period.
    In this 60-day notice, FRA makes no adjustments to the previously 
approved burden hours and responses in the Office of Information and 
Regulatory Affairs (OIRA) inventory.\3\
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    \3\ Changes to the total cost equivalent in U.S. dollars, a 
category not included in the OIRA inventory, are due to updated 
statistics from the 2022 Surface Transportation Board (STB) Full 
Year Wage A&B data series.
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    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 50 States + District of Columbia.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                                                                    Total cost
         CFR section             Respondent      Total annual     Average time    Total annual    equivalent in
                                  universe        responses       per response    burden hours     U.S. dollar
                              ...............  (A)............  (B)............     (C = A * B)    (D = C * wage
                                                                                                      rates) \4\
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234.11(b)--State highway-     40 States +      13.60 burden     1,510.00 hours         3,376.67      $290,157.25
 rail grade crossing action    District of      plans (1.3       (700 hours +
 plans--Development and        Columbia.        high burden +    550 hours +
 submission of new action                       2.3 medium       200 hours + 60
 plans--Grouped into high,                      burden + 4 low   hours).
 medium, and low plans.                         burden + 6
                                                minimal
                                                burden).
    --(c)(1) Updated action   10 States......  3.30 burden      1,965.00 hours         2,040.00       175,297.20
     plans (10 listed states                    plans (1 high    (1,100 hours +
     in Sec.   234.11(e))--                     burden + 1       640 hours +
     Grouped into high,                         medium burden    225 hours).
     medium, and low plans.                     + 1.3 low
                                                burden).
    --(c)(2) Implementation   10 States......  3.30 burden      320.00 hours             333.33        28,643.05
     reports (10 listed                         reports (1       (160 hours +
     states in Sec.                             high burden +    120 hours + 40
     234.11(e))--Grouped                        1 medium         hours).
     into high, medium, and                     burden + 1.3
     low implementation                         low burden).
     reports.

[[Page 5086]]

 
    --(f)(2) Notification to  50 States +      2.70             5.00 minutes...            0.22            18.90
     FRA by State or           District of      notifications.
     District of Columbia      Columbia.
     (DC) of another
     official to assume
     responsibilities
     described under Sec.
     234.11(e)(6).
    --(g) FRA review and      40 States +      2.70 revised     189.00 hours             142.00        12,202.06
     approval of State         District of      plans (0.7       (105 hours +
     highway-rail grade        Columbia.        high burden +    60 hours + 24
     crossing action plans:                     0.7 medium       hours).
     Disapproved plans                          burden + 1.3
     needing revision--                         low burden).
     Grouped into high,
     medium, and low revised
     plans.
    --(g) FRA review and      10 States......  0.90 revised     295.00 hours              98.33         8,449.50
     approval of State                          plans (0.7       (165 hours +
     highway-rail grade                         high burden +    96 hours + 34
     crossing action plans:                     0.7 medium       hours).
     Disapproved plans                          burden + 1.3
     needing revision (10                       low burden).
     listed States in Sec.
     234.11(e))--Grouped
     into high, medium, and
     low revised plans.
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        Total \5\...........  N/A............  27 responses...  N/A............           5,991       514,768.00
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    Total Estimated Annual Responses: 27.
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    \4\ The dollar equivalent cost is derived from the 2022 (STB) 
Full Year Wage A&B data series using employee group 200 
(Professional & Administrative) hourly wage rate of $49.10. The 
total burden wage rate (straight time plus 75%) used in the table is 
$85.93 ($49.10 x 1.75 = $85.93).
    \5\ Totals may not add up due to rounding.
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    Total Estimated Annual Burden: 5,991 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$514,768.
    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.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2024-01498 Filed 1-24-24; 8:45 am]
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