[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21410-21412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06511]


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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, this notice announces that FRA is forwarding 
the Information Collection Request (ICR) summarized below to the Office 
of Management and Budget (OMB) for review and comment. The ICR 
describes the information collection and its expected burden. On 
January 25, 2024, FRA published a notice providing a 60-day period for 
public comment on the ICR.

[[Page 21411]]


DATES: Interested persons are invited to submit comments on or before 
April 26, 2024.

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 Review--Open for Public Comments'' or by using the 
search function.

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 
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 January 25, 2024, FRA 
published a 60-day notice in the Federal Register soliciting public 
comment on the ICR for which it is now seeking OMB approval. See 89 FR 
5084. FRA received no comments related to the proposed collection of 
information.
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30 days' notice 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(d); 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: State Highway-Rail Grade Crossing Action Plan.
    OMB Control Number: 2130-0589
    Abstract: Section 202 of the Rail Safety Improvement Act (RSIA) \1\ 
of 2008 required the Secretary of Transportation \2\ to identify the 10 
States that have had the most-highway-rail grade crossing collisions, 
on average, over the prior 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 
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 (Oct. 16, 2008).
    \2\ See delegation to FRA Administrator at 49 CFR 1.89.
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    In 2020, FRA issued a final rule titled, State Highway-Rail Grade 
Crossing Action Plans,\3\ to implement the Fixing America's Surface 
Transportation Act (FAST Act) requiring fifty \4\ States and the 
District of Columbia to develop and implement highway-rail grade 
crossing action plans. The final rule also requires 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 them.
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    \3\ See 85 FR 80648 (Dec. 14, 2020).
    \4\ In the published 60-day notice, the number of States 
required to develop and implement a highway-rail grade crossing 
action plan is shown as 40 States. In this 30-day notice, FRA has 
made a correction to the number of States from 40 to 50.
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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 in their States. FRA 
reviews these crossing action plans and grade crossing action plan 
revisions to ensure that these plans include the following: (1) 
identify specific solutions 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.
    On January 25, 2024, FRA published a 60-day Federal Register notice 
that reflected 5,991 total burden hours and responses of 27. See 89 FR 
5084. Upon further review, FRA has determined that the initial 
requirement to submit State Action Plans (SAPs) under 49 CFR 234.11(b) 
has already been completed. While all States have submitted their SAPs, 
States may voluntarily continue to provide updates to their approved 
plans which FRA will review and file. FRA also anticipates that 
additional clarification on some of these changes may be needed in 
order to support an upcoming report to Congress.\5\ FRA's burden 
estimate reflects the time needed for States to respond to any follow 
up questions with respect to updated Plans or, potentially, approved 
plans that have not been updated as FRA prepares its report. As a 
result, the paperwork burden associated with this ICR has been 
significantly reduced from 5,111 hours to 880 hours for this 
submission, with the number of responses reduced from 27 to 17.
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    \5\ Section 11401(c) of the FAST Act and section 22403 of the 
Infrastructure Investment and Jobs Act, Public Law 117-58 (Nov. 15, 
2021), require FRA to prepare a report to Congress that contains an 
analysis and evaluation of State highway-rail grade crossing 
programs, including strategies to improve highway-rail grade 
crossing safety that were identified by States in their SAPs.
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    For additional clarity FRA is including the updated burden table 
for publication with this 30-day Federal Register notice.
    Type of Request: Extension without change, (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A
    Respondent Universe: 50 States + District of Columbia.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 17.
    Total Estimated Annual Burden: 880 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $75,637.

[[Page 21412]]



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                                 Respondent      Total annual     Average time     Total annual     Total cost
         CFR section              universe        responses       per response     burden hours     equivalent
                              ...............  (A)............  (B)............  (C = A * B)....        (D = C *
                                                                                                     wage rates)
                                                                                                             \6\
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234.11(b)--New State highway- The requirement under this section has been completed; therefore, there is no
 rail grade crossing action    paperwork burden associated with this section.
 plans.
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    --(c)(1) Updated action   10 States......  2 plans (1       360.00 hours     360.00 hours...      $30,934.80
     plans (10 listed States                    medium +1 low).  (240 + 120).
     in Sec.   234.11(e))--
     Grouped into high,
     medium, and low burden
     plans.
    --(c)(2) Implementation   10 States......  2 reports (1     160.00 hours     160 hours......       13,748.80
     reports (10 listed                         medium +1 low).  (120 + 40).
     States in Sec.
     234.11(e))--Grouped
     into high, medium, and
     low burden reports.
    --(f)(2) Notification to  50 States +      2.70             5.00 minutes...  0.22 hours.....           18.90
     FRA by State or           District of      notifications.
     District of Columbia of   Columbia.
     another official to
     assume responsibilities
     described under Sec.
     234.11(e)(6).
    --(g) Review and          50 States +      10 updated       60 hours 48      360 hours (240        30,934.80
     approval.                 District of      plans (5         +24).            + 120).
                               Columbia.        medium + 5
                                                low).
    --(g) FRA review and      The estimated paperwork burden for this requirement is included above under (g),
     approval of State         Review and approval.
     highway-rail grade
     crossing action plans:
     Disapproved plans
     needing revision (10
     listed States in Sec.
     234.11(e)) Grouped into
     high, medium, and low
     revised plans.
                             -----------------------------------------------------------------------------------
        Total...............  50 States +      17 responses...  N/A............  880 hours......          75,637
                               District of
                               Columbia.
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    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.
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    \6\ 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 percent) used in the 
table is $85.93 ($49.10 x 1.75 = $85.93).
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    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2024-06511 Filed 3-26-24; 8:45 am]
BILLING CODE 4910-06-P