# Proposed Agency Information Collection Activities; Comment Request > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2018-24716 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 14, 2018 - **Citation:** 83 FR 56909 ## Text DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2018-0008-N-9] Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration (FRA), U.S. 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 Requests (ICRs) abstracted below. Before submitting these ICRs to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Interested persons are invited to submit comments on or before January 14, 2019. ADDRESSES: Submit written comments on the ICRs activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-497, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W34-212, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, “Comments on OMB Control Number 2130-XXXX,” (the relevant OMB control number for each ICR is listed below) and should also include the title of the ICR. Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-6497, or emailed to Mr. Brogan at Robert.Brogan@dot.gov, or Ms. Toone at Kim.Toone@dot.gov. 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. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-497, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W34-212, Washington, DC 20590 (telephone: (202) 493-6132). 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 ICRs 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 require. 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: State Safety Participation Regulations and Reporting of Remedial Actions. OMB Control Number: 2130-0509. Abstract: The collection of information is set forth under 49 CFR part 212, and requires qualified state inspectors to provide various reports to FRA for monitoring and enforcement purposes concerning state investigative, inspection, and surveillance activities regarding railroad compliance with Federal railroad safety laws and regulations. Additionally, under 49 CFR part 209, subpart E, railroads are required to report to FRA actions taken to remedy certain alleged violations of law. Form Number(s): FRA F 6180.33/61/67/96/96A/109/110/111/112/144. Affected Public: Businesses. Respondent Universe: States and Railroads. Frequency of Submission: On occasion. Reporting Burden CFR section Respondent universe Total annual responses Average time per response Total annual burden hours Burden hours dollar equivalent cost 1 Application for Participation 16 States 16 updates 2.5 hours 40 $2,960 State Railroad Technical Training Funding Agreement 32 States 32 agreements 1 hour 32 2,368 Inspector Travel Planning and Reimbursement 32 States 400 vouchers 1 hour 400 29,600 212.109—Annual Work Plan 32 States 1,862 reports 5 hours 9,310 688,940 Inspection Form (FRA F 6180.96) 32 States 69,885 forms 15 minutes 17,471 1,292,854 Violation Report—Motive, Power, and Equipment Regulations (Form FRA F 6180.109) 19 States 1,862 reports 4 hours 7,448 551,152 Violation Report—Operating Practices Regulations (Form FRA F 6180.67) 19 States 868 reports 4 hours 3,472 256,928 Violation Report—Hazardous Materials Regulations (Form FRA F 6180.110) 17 States 856 reports 4 hours 3,424 253,376 Violation Report—Hours of Service Law (F 6180.33) 19 States 103 reports 4 hours 412 30,488 Violation Report—Accident/Incident Reporting Rules (Form FRA F 6180.61) 19 States 146 reports 4 hours 584 43,216 Violation Report—Track Safety Regulations (Form FRA F 6180.111) 26 States 667 reports 4 hours 2,668 197,432 Violation Report—Signal and Train Control Regulations (Form FRA F 6180.112) 14 States 440 reports 4 hours 1,760 130,240 209.405—Remedial Actions Reports 566 Railroads 4,050 reports 15 minutes 1,013 74,962 209.407—Violation Report Challenge 566 Railroads 810 challenges 1 hour 810 59,940 209.407—Delayed Reports 695 Railroads 405 reports 30 minutes 203 15,022 1 To determine the dollar equivalent cost for the estimated burden hours under OMB No. 2130-0509, FRA used an average hourly wage rate of $74. FRA derived this estimate from Bureau of Labor Statistics (BLS) data for management occupations, NAICS 99920—State Government, excluding schools and hospitals (OES Designation). To calculate the mean hourly wage of $42.17 for this category of workers, FRA included a 75-percent charge for overhead costs. The calculation is $42.17 per hour × 1.75 = $73.7975 or $74 per hour (rounded). The Web address for this data is: https://www.bls.gov/oes/current/naics4_999200.htm#11-0000. Total Estimated Annual Responses: 82,402. Total Estimated Annual Burden: 49,047 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $3,629,478. 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 horns are silenced. FRA reviews applications by public authorities intending to establish new quiet zones or, in some cases, continue pre-rule quiet zones to ensure the necessary level of safety is achieved. Form Number(s): N/A. Affected Public: Businesses. Respondent Universe: 728 railroads/340 Public Authorities. Frequency of Submission: On occasion. CFR section Respondent universe Total annual responses Average time per response Total annual burden hours Burden hours dollar equivalent cost 222.15—Waiver Petitions 784 Railroads/531 Public Authorities 2 petitions 4 hours 8 $584 222.39—Applications to Establish Quiet Zone 531 Public Authorities 15 applications 80 hours 1,200 88,800 —Diagnostic Team Review 531 Public Authorities 3 team reviews 16 hours 48 3,504 —Updated Crossing Inventory Forms 531 Public Authorities 75 updated forms 1 hour 75 5,550 —Copies of Quiet Zone Application 531 Public Authorities 90 copies 10 minutes 15 1,110 —Comments to FRA on Quiet Zone Application 784 Railroads/State Agencies 30 comments 1.5 hours 45 3,285 222.43—Written Notice of Public Authority Intent to Create New Quiet Zone and Notification to Required Parties 216 Communities/Public Authorities 60 notices + 180 notifications 40 hours + 10 minutes 2,430 179,820 —Updated Crossing Inventory Forms 216 Communities 300 updated forms 1 hour 300 22,200 —Comments on proposed Quiet Zone 784 Railroads/State Agencies 120 comments 4 hours 480 35,040 —Notice of Quiet Zone Establishment + Notification to Required Parties 531 Public Authorities 60 notices + 360 notifications 40 hours + 10 minutes 2,460 182,040 —Updated Crossing Inventory Forms 531 Public Authorities 300 updated forms 1 hour 300 22,200 —Certification by CEO of Public Authority Regarding Accuracy of Information 531 Public Authorities 60 certifications 5 minutes 5 370 222.47—Periodic Updates: Written Affirmation that Supplementary Safety Measures Implemented w/in Quiet Zone Conform to Rule or Terms of Approval 531 Public Authorities 213 written affirmations + 1,278 copies (to required parties) 30 minutes + 2 minutes 150 11,100 —Updated Crossing Inventory Forms 531 Public Authorities 810 updated forms 1 hour 810 59,940 222.51—Written Commitment to Lower Risk to Traveling Public in Quiet Zones Exceeding Nationwide Significant Risk Threshold 15 Public Authorities 10 written commitments 5 hours 50 3,700 —Comments Upon FRA Review of Quiet Zone Status 3 Public Authorities 2 comments 30 minutes 1 74 222.55—Request for FRA Approval of New Supplementary Safety Measures/Alternative Safety Measures (ASMs) for Quiet Zone 265 Interested Parties/ 1 letter 30 minutes 1 74 —Comments on New SSMs or ASMs 265 Interested Parties/General Public 5 comments 30 minutes 3 222 —Request for SSM/ASM Approval -Demo 265 Interested Parties 1 letter 30 minutes 1 74 222.57—Petition for FRA Review of Decision Granting or Denying a New SSM or ASM; Petition Copies to Relevant Parties 531 Public Authorities/Interested Parties 1 petition + 5 petition copies 60 minutes + 2 minutes 1 74 —Request for FRA Reconsideration of Disapproval of Quiet Zone + Party Copies 531 Public Authorities 1 letter + 6 letter copies 5 hours + 2 minutes 5 370 —Additional Documents to FRA as Follow-up to Petition for Reconsideration 531 Public Authorities 1 additional document/set of materials 2 hours 2 148 —Letter Requesting FRA Informal Hearing 531 Public Authorities 1 letter 30 minutes 1 74 222.59—Written Notice of Use of Wayside Horn at Grade Crossing within Quiet Zone + Party Copies 531 Public Authorities 5 notices + 30 notice copies 2.5 hours + 10 minutes 18 1,332 —Notice of Wayside Horn Outside Quiet Zone 531 Public Authorities 5 notices + 30 notice copies 2.5 hours + 10 minutes 18 1,332 Appendix B—Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Programmed Enforcement 531 Public Authorities 1 record 500 hours 500 37,000 —Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Photo Enforcement 531 Public Authorities 1 record 9 hours 9 666 222.129—Written Reports/Records of Locomotive Horn Testing 784 Railroads 300 reports/records 60 minutes 300 21,900 Total Estimated Responses: 4,362. Total Estimated Annual Burden: 9,236 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $681,983. 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 it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501-3520. Juan D. Reyes III, Chief Counsel. [FR Doc. 2018-24716 Filed 11-13-18; 8:45 am] BILLING CODE 4910-06-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2018-24716. Public record. Not legal advice.