Proposed Agency Information Collection Activities; Comment Request

Federal RegisterAug 10, 2009

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0001-19]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration, DOT.

ACTION:

Notice.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

Comments must be received no later than October 9, 2009.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590, or Ms. Nakia Jackson, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, 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 2130-0560.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via e-mail to Mr. Brogan at

robert.brogan@dot.gov,

or to Ms. Jackson at

nakia.jackson@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, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Nakia Jackson, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35,

Washington, DC 20590 (

telephone:

(202) 493-6073). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13, § 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (

e.g.,

permitting electronic submission of responses).

See

44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a “user friendly” format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested.

See

44 U.S.C. 3501.

Below is a brief summary of currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title:

Use of Locomotive Horns at Highway-Rail Grade Crossings

OMB Control Number:

2130-0560

Abstract:

The collection of information is used by FRA to increase safety at highway-rail grade crossings nationwide by requiring that locomotive horns be sounded when train approach and pass through these crossings, or by ensuring that a safety level at least equivalent to that provided by blowing horns exists for rail corridors in which horns are silenced. Communities that qualify for this exception may create “quiet zones” within which locomotive horns would not be routinely sounded. FRA reviews applications by public authorities intending to establish new or, in some cases, continue pre-rule quiet zones to ensure that the necessary level of safety is achieved.

Form Number(s):

N/A.

Affected Public:

Public Authorities/Railroads.

Respondent Universe:

340 Public Authorities.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per

response

Total annual burden hours

222.11—Penalties—Falsified Records/Reports

727 Railroads/340 Public Authorities

5 records/reports

2 hours

222.15—Waiver Petitions

727 Railroads/340 Public Authorities

5 petitions

4 hours

222.17—Applications to Become a Recognized State Agency

68 State Agencies

7 applications

8 hours

222.39—Establishment of Quiet Zone—Public Authority Application to FRA

—Application Diagnostic Team Reviews

—Completed Grade Crossing Inventory Forms

—Copies of Public Authority Quiet Zone Applications

—Comments on Public Authority Quiet Zone Applications

340 Public Authorities

715 Railroads/State Agencies

105 applications

53 diagnostic team reviews

302 updated forms

630 copies

50 comments

80 hours

32 hours

1 hour

10 minutes

2.5 hours

8,400

1,696

302

105

125

222.41—Notice of Quiet Zone Establishment and Notification to Parties

—Certification by Public Authority CEO

—Required Grade Crossing Inventory Forms

—Notice of Quiet Zone Continuation and Notification to Parties

—Certification by Public Authority CEO

—Required Grade Crossing Inventory Forms

—Filing of Detailed Plans by Public Authority

—Statewide Implementation Plan to Continue Horn Ban—Notice of Intent to Create New Quiet Zone

—Comments on Public Authorities Notice of Intent

247 Communities/PAs

262 Communities

200 Communities

200 Communities/PAs

25 State Agencies

200 Public Authorities

200 RRs/State Agencies

247 notices + 1,482 notification

262 certifications

2,364 forms

200 notices + 1,200 notification

200 certifications

416 forms

100 plans

3 impl. Plans

100 notices + 600 notifications

70 comments

40 hours + 10 min.

5 minutes

60 minutes

40 hours + 10 min.

5 minutes

1 hour

40 hours

120 hours

20 hours + 10 minutes

4 hours

10,127

2,364

8,200

416

4,000

360

2,100

280

222.42—Intermediate Quiet Zones/Partial Quiet Zones

—Notice of Quiet Zone Continuation

—Required Grade Crossing Inventory Forms

—Certification by Public Authority CEO

—Notice of Intent to Establish New/Partial Quiet Zone

—Comments on Public Authorities Notice of Intent

—Conversion of Intermediate Partial Quiet Zone into 24-hour Quiet Zone—Notices + Notifications

—Public Comments on Notice of Intent

10 Communities/PAs

20 RRs/State Agencies

10 Public Authorities

20 RRs/State Agencies

10 notices + 60 notifications

100 forms

10 certifications

5 notices + 30 notifications

5 comments

5 notices + 30 notifications

5 comments

40 hours + 10 min.

1 hour

5 minutes

40 hours + 10 min.

4 hours

40 hours + 10 min.

4 hours

410

100

205

222.43—Notices and Other Required Information to Create or Continue a Quiet Zone

—Notice of Intent to Create New/Partial Quiet Zone or Implement New Supplementary Safety Measures or Auxiliary Safety Measures w/in Pre-Rule Quiet Zone

—Required Grade Crossing Inventory Forms

—Comments on Public Authorities Notice of Intent

—Notice of Quiet Zone Establishment

—Required Grade Crossing Inventory Forms

—Certification by Public Authority CEO

216 Communities/PAs

216 Communities

715 RRs/State Agencies

316 Public Authorities

216 Public Authorities

216 notices + 648 notifications

376 updated forms

108 comments

72 notices + 432 notifications

950 updated forms

216 certifications

40 hours + 10 min.

1 hour

4 hours

40 hours + 10 min.

1 hour

5 minutes

8,748

376

432

2,952

950

222.47—Periodic Updates

—Written Affirmations That All Supplementary Safety Measures (SSMs)/Auxiliary Safety Measures (ASMs) Meet Requirements

—Required Grade Crossing Inventory Forms

200 Public Authorities

100 affirmations + 600 copies

500 updated forms

30 min. + 2 min.

60 minutes

500

222.51—Review of Quiet Zone Status

—Written Commitment to Lower Risk Where Quiet Zone Risk Index Exceeds Nationwide Significant Risk Threshold

—Review at FRA's Initiative—Opportunity to Comment

9 Public Authorities

3 Public Authorities

2 commitments

20 comments

5 hours

30 minutes

222.55—New Supplementary Safety Measures or Alternative Safety Measures—Administrator Approval

—Opportunity for Public Comment

—Request for Approval After Completed Demonstration

265 Interested Parties

1 approval letter

5 comments

1 approval letter

30 minutes

222.57—Review of the Associate Administrator's Actions—Petition for Review of Decision

—Petition for Reconsideration of Denial of QZ Application

—Follow-up Documents to Associate Administrator

—Requests for Informal Hearing

265 Interested Parties

200 Public Authorities

1 petition + 5 copies

1 petition + 6 copies

1 document

1 letter

60 min. + 2 min.

5 hrs. + 2 min.

2 hours

30 minutes

222.59—Use of Wayside Horns

—Installation w/in QZ and Written Notice to Railroads

—Installation at Grade Crossing Outside Quiet Zone

200 Public Authorities

10 notices + 60 copies

10 notices + 60 notice copies

2.5 hours + 10 minutes

Appendix B to Part 222—Alternative Safety Measures

—Non-Engineering ASMs—Programmed Enforcement—Monitoring and Sampling Records

—Photo Enforcement—Monitoring & Sampling Records

200 Public Authorities

10 records

500 hours

9 hours

5,000

229.129—Locomotive Horn—Testing Requirements —Written Reports/Records of Testing

—Re-Testing of Locomotive Horns—Reports/Records

687 railroads

7,743 reports/records

650 report/records

60 minutes

7,743

650

Total Responses:

21,476.

Estimated Total Annual Burden:

67,194 hours.

Status:

Regular Review.

Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 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.

Issued in Washington, DC on August 4, 2009.

Martin Eble,

Acting Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. E9-19060 Filed 8-7-09; 8:45 am]

BILLING CODE 4910-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.