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Notice

Proposed Agency Information Collection Activities; Comment Request

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ACTION:

Notice and request for comments.

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 (ICRs) 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 November 23, 2012.

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. Kimberly Toone, 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-___.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via email to Mr. Brogan at Robert.Brogan@dot.gov, or to Ms. Toone at Kimberly.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, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law 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 the currently approved ICRs that FRA will submit for clearance by OMB as required under the PRA:

Title: State Safety Participation Regulations and 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, 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.

Affected Public: Businesses.

Respondent Universe: States and Railroads.

Frequency of Submission: On occasion.

Reporting Burden

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
Application For Participation15 States15 updates2.5 hours38
Training Funding Agreement30 States30 agreements1 hour30
Inspector Training Reimbursement30 States300 vouchers1 hour300
Annual Work Plan30 States30 reports15 hours450
Inspection Form (Form FRA F 6180.96)30 States16,000 forms15 minutes4,000
Violation Report—Motive, Power, and Equipment Regulations (Form FRA F 6180.109)17 States550 reports4 hours2,200
Violation Report—Operating Practices Regulations (Form FRA F 6180.67)16 States140 reports4 hours560
Violation Report—Hazardous Materials Regulations (Form FRA F 6180.110)15 States170 reports4 hours680
Violation Report—Hours of Service Law (F 6180.33)16 States35 reports4 hours140
Violation Report—Accident/Incident Reporting Rules (Form FRA F 6180.61)16 States30 reports4 hours120
Violation Report—Track Safety Regulations (Form FRA F 6180.111)25 States100 reports4 hours400
Violation Report—Signal and Train Control Regulations (Form FRA F 6180.112)14 States20 reports4 hours80
Remedial Actions Reports563 Railroads3,500 reports15 minutes875
Violation Report Challenge563 Railroads700 challenges1 hours700
Delayed Reports573 Railroads350 reports30 minutes175

Total Responses: 21,970.

Estimated Total Annual Burden: 10,748 hours.

Type of Request: Extension of a currently approved collection.

Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.

OMB Control Number: 2130-0560.

Abstract: Under Title 49 Part 222 of the Code of Federal Regulations, FRA seeks to collect information from railroads and public authorities in order to increase safety at 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 blowing locomotive horns exists for corridors in which horns are silenced. FRA reviews applications by public authorities intending to establish new 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.

Frequency of Submission: On occasion.

Respondent Universe: 728 railroads/340 Public Authorities.

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
222.11—Penalties—Falsified Report728 Railroads/340 Public Authorities1 report/record2 hours2
222.15—Waiver Petitions728 Railroads/340 Public Authorities5 petitions4 hours20
222.17—Application to Become Recognized State Agency68 State Agencies1 application8 hours8
222.39—Applications to Establish Quiet Zone340 Public Authorities10 applications80 hours800
—Diagnostic Team Rev.340 Public Authorities2 team reviews16 hours32
—Updated Crossing Inventory Forms340 Public Authorities50 updated forms1 hour50
—Copies of Quiet Zone Application340 Public Authorities60 copies10 minutes10
—Comments to FRA on Quiet Zone Application715 Railroads/State Agencies20 comments2.5 hours30
222.43—Written Notice of Public Authority Intent to Create New Quiet Zone and Notification to Required Parties216 Communities/Public Authorities30 notices + 90 notifications40 hours + 10 minutes1,215
—Updated Crossing Inventory Forms216 Communities150 updated forms1 hour150
Comments on proposed Quiet Zone715 Railroads/State Agencies60 comments4 hours240
—Notice of Quiet Zone Establishment + Notification to Required Parties316 Public Authorities30 notices + 180 notifications40 hours + 10 minutes1,230
—Updated Crossing Inventory Forms316 Public Authorities150 updated forms1 hour150
—Certification by CEO of Public Authority Regarding Accuracy of Information216 Public Authorities30 certifications5 minutes3
222.47—Periodic Updates: Written Affirmation that Supplementary Safety Measures Implemented w/in Quiet Zone Conform to Rule or Terms of Approval200 Public Authorities70 written affirmations + 420 copies (to required parties)30 minutes + 2 minutes70
—Updated Crossing Inventory Forms200 Public Authorities350 updated forms1 hour350
222.51—Written Commitment to Lower Risk to Traveling Public in Quiet Zones Exceeding Nationwide Significant Risk Threshold9 Public Authorities5 written commitments5 hours25
—Comments Upon FRA Review of Quiet Zone Status3 Public Authorities4 comments30 minutes2
222.55—Request for FRA Approval of New Supplementary Safety Measures or Alternative Safety Measures (ASMs) for Quiet Zone265 Interested Parties1 letter30 minutes1
—Comments on New SSMs or ASMs265 Interested Parties/General Public5 comments30 minutes3
—Request for SSM/ASM Approval—Demo265 Interested Parties1 letter30 minutes1
222.57—Petition for FRA Review of Decision Granting or Denying a New SSM or ASM; Petition Copies to Relevant Parties265 Public Authorities/Interested Parties5 petitions + 5 petition copies60 minutes + 2 minutes1
—Request for FRA Reconsideration of Disapproval of Quiet Zone + Party Copies200 Public Authorities1 letter + 6 letter copies5 hours + 2 minutes5
—Additional Documents to FRA as Follow-up to Petition for Reconsideration200 Public Authorities1additional document/set of materials2 hours2
—Letter Requesting FRA Informal Hearing200 Public Authorities1 letter30 minutes1
222.59—Written Notice of Use of Wayside Horn at Grade Crossing within Quiet Zone + Party Copies200 Public Authorities5 notices + 30 notice copies2.5 hours + 10 minutes18
—Notice of Wayside Horn Outside Q. Zone200 Public Authorities5 notices + 30 notice copies2.5 hours + 10 minutes18
Appendix B—Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quiet Zone with Programmed Enforcement200 Public Authorities1 record500 hours500
—Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quiet Zone with Photo Enforcement200 Public Authorities1 record9 hours9
222.129—Written Reports/Records of Locomotive Horn Testing728 Railroads650 reports/records60 minutes650

Total Estimated Responses: 2,466.

Total Estimated Annual Burden: 5,596 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 September 18, 2012.

Rebecca Pennington,

Chief Financial Officer, Federal Railroad Administration.

[FR Doc. 2012-23451 Filed 9-21-12; 8:45 am]

BILLING CODE 4910-06-P