June 14, 2019, FR Notice (60-Day)

June 14, 2019, FR Notice (60-Day; OMB Nos. 2130-0017; 2130-0504; 2130-0586).pdf

U.S. DOT Crossing Inventory Form

June 14, 2019, FR Notice (60-Day)

OMB: 2130-0017

Document [pdf]
Download: pdf | pdf
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Federal Register / Vol. 84, No. 115 / Friday, June 14, 2019 / Notices
federal laws or regulations that
specifically address the length of time a
train may occupy a highway-rail grade
crossing. The user would be notified
that the information submitted will not
be forwarded to a railroad, State, or
local agency, and is only being used for
data collection purposes to determine

Form(s): FRA F 6180.XXX.
Respondent Universe: General public
and national law enforcement
personnel.
Frequency of Submission: On
occasion; one-time.
Reporting Burden:

Form

Total estimated
annual responses

Average time per response

General Public via the unrestricted form on the FRA
website.
General Public via the FRA Crossing Locator Phone
Application.
Law Enforcement Personnel via the limited access form
on the FRA website.

335 responses ............................

15 minutes .........................

84 hours.

50 responses ..............................

15 minutes .........................

13 hours.

100 responses ............................

15 minutes .........................

25 hours.

Total ..........................................................................

485 responses ............................

15 minutes .........................

122 hours.

Total Estimated Annual Responses:
485.
Total Estimated Annual Burden: 122
hours.
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.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–12572 Filed 6–13–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–6]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

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 August
13, 2019.
SUMMARY:

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the locations, times, and impacts of
blocked crossings. The questions asked
on each form will be identical for all
three methods of collection.
Type of Request: Approval of a new
collection of information.
Affected Public: Public individuals
and law enforcement personnel.

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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, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590; or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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.

ADDRESSES:

Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC
20590 (telephone: 202–493–6292) or Ms.
Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590
(telephone: 202–493–6132).

FOR FURTHER INFORMATION CONTACT:

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hours

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 mandate. 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.

SUPPLEMENTARY INFORMATION:

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The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: U.S. DOT Crossing Inventory.
OMB Control Number: 2130–0017.
Abstract: On January 6, 2015, FRA
published in the Federal Register a final
rule that requires railroads that operate
one or more trains through highway-rail
or pathway crossings to submit
information to the U.S. DOT National
Highway-Rail Crossing Inventory about

the crossings through which they
operate.1 See 80 FR 746. These
amendments, mandated by section 204
of the Rail Safety Improvement Act of
2008, require railroads to submit
information about previously
unreported and new highway-rail and
pathway crossings to the U.S. DOT
National Highway-Rail Crossing
Inventory and to periodically update
existing crossing data.

Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses
(railroads), States, and the District of
Columbia (DC).
Form(s): FRA F 6180.71.
Respondent Universe: 692 railroads,
50 States and DC.
Frequency of Submission: On
occasion/monthly.
Reporting Burden:
Total
annual burden
hours

Total annual
burden hour
dollar cost
equivalent 2

CFR section

Respondent
universe

Total annual
responses

Average time
per response

234.403(a), (b), (c), (e)(3)—Submission
of data to the U.S. DOT Highway-Rail
Crossing Inventory: Completion of inventory form.
—Mass update lists of designated data
submitted by railroads/states.
—Excel lists of submitted data ................

51 States/DC & 692
railroads.

1,495 forms .............

30 minutes ..............

748 hours

$55,352

51 States/DC & 692
railroads.
51 States/DC & 692
railroads.
51 States/DC & 692
railroads.

1,081 lists ...............

30 minutes ..............

541

40,034

750 lists ..................

15 minutes ..............

188

13,912

134,719 records ......

3 minutes ................

6,736

498,464

51 States/DC & 692
railroads.
51 States/DC & 692
railroads.

5 requests ...............

15 minutes ..............

1 hour

74

15 notices ...............

30 minutes ..............

8

592

692 railroads ...........

250 notices .............

30 minutes ..............

125

9,625

692 railroads ...........

75 notices ...............

30 minutes ..............

38

2,926

692 railroads ...........

5,300 provided assigned inventory
numbers.

5 minutes ................

442

34,034

692 railroads ...........

10,600 assigned
numbers.

5 minutes ................

883

67,991

692 railroads ...........

5,300 forms .............

20 minutes ..............

1,767

136,059

692 railroads ...........

450 notices/notifications.

20 minutes ..............

150

11,550

692 railroads ...........

35 certification
statements.

2 minutes ................

1 hour

77

692 railroads ...........

105 mailed certification copies.

2 minutes ................

4

308

692 railroads ...........

50 assigned inventory numbers.

5 minutes ................

4

308

—Changes/corrections to Crossing Inventory data submitted via GX 32 computer program.
—Written requests by states/railroads for
FRA Crossing Inventory Guide.
(d)—Reporting Crossing Inventory data
by state agencies on behalf of railroads: Written notices to FRA.
(e)(1)—Consolidated reporting by parent
corporation on behalf of its subsidiary
railroads: Written notice to FRA.
(e)(2)—Immediate notification to FRA by
parent corporation of any changes in
the list of subsidiary railroads for which
it reports.
234.405(a)(1)—Initial submission of previously unreported highway-rail and
pathway crossings through which they
operate by primary operating railroads:
Providing assigned crossing inventory
number to each railroad that operates
one or more trains through crossing.
—Primary operating railroad providing
assigned inventory number to other (2)
railroads operating through crossing.
(a)(3)—Completed inventory forms for
each previously unreported crossing.
(c)—Duty of all operating railroads: Notification to FRA of previously unreported
crossing through which it operates.
(d)—Incomplete submission by state
agency: Written certification by primary
operating railroad that state has not
provided requested crossing information.
—Copies of written certification statements to other operating railroads and
responsible state agency.
234.407(a)—Submission of initial data to
the Crossing Inventory for new Crossings: Providing assigned inventory
numbers for new highway-rail and
pathway crossings through which they
operate by primary operating railroads
to each railroad that operates one or
more trains through the crossing.
1 This final rule was subsequently amended on
June 10, 2016, in response to a petition for

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reconsideration submitted by the Association of
American Railroads. See 81 FR 37521.

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Total annual
burden hour
dollar cost
equivalent 2

Respondent
universe

Total annual
responses

Average time
per response

(a)(3)—Completed inventory forms for
each new highway-rail & pathway
crossing provided each operating railroad operating trains through crossing.
(b) Each operating railroad must submit
accurate inventory forms or electronic
equivalent to the FRA crossing inventory for new highway-rail & pathway
crossings operating on separate tracks.
234.409(a)—Submission of periodic updates to the Crossing Inventory by primary operating railroad.
234.411(a)—Crossing sale: Submission
of Crossing Inventory form by any operating railroad that sells all or part of
highway-rail and pathway crossing.
—Notification/report by railroad to primary operating railroad of sale of all or
part of a highway-rail or pathway on or
after June 10, 2016.
(b)—Crossing closure: Submission of
Crossing Inventory form by primary operating railroad that closes highway-rail
and pathway crossing.
(c)—Primary operating RR submission of
inventory form for any surface/warning
device changes at crossing.
234.413(a & b)—Recordkeeping—RR
Duplicate copy of each inventory form
submitted in hard copy to the Crossing
Inventory.
—Copy of electronic confirmation received from FRA after electronic submission of crossing data to Crossing
Inventory.
—List of locations where a copy of any
record required by this Subpart may be
accessed and copied.

692 railroads ...........

50 forms ..................

5 minutes ................

4

308

692 railroads ...........

50 inventory forms ..

1.5 ...........................

75

5,775

692 railroads ...........

80,775 crossing invent. updates.

2.5minutes ..............

3,366

259,182

692 railroads ...........

400 updated crossing inventory
forms.

2 ..............................

800

61,600

692 railroads ...........

400 notices/reports

15 minutes ..............

100

7,700

692 railroads ...........

85 crossing inventory forms (closures).

5 minutes ................

7

539

692 railroads ...........

400 forms ................

30 minutes ..............

200

15,400

692 railroads ...........

5,901 duplicate copies.

1 minute ..................

98

7,546

692 railroads ...........

80,775 copies .........

1 minute ..................

1,346

103,642

692 railroads ...........

692 lists ..................

5 minutes ................

58

4,466

Total Estimated Annual Responses:
329,758.
Total Estimated Annual Burden:
17,690 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $1,337,464.
Title: Special Notice for Repairs.
OMB Control Number: 2130–0504.
Abstract: Under 49 CFR part 216, FRA
and State inspectors may issue a Special
Notice for Repairs to notify a railroad in
writing of an unsafe condition involving
a locomotive, car, or track. The railroad

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Total
annual burden
hours

CFR section

must notify FRA in writing when the
equipment is returned to service or the
track is restored to a condition
permitting operations at speeds
authorized for a higher class, specifying
the repairs completed. FRA and State
inspectors use this information to
remove from service freight cars,
passenger cars, and locomotives until
they can be restored to a serviceable
condition. They also use this
information to reduce the maximum

authorized speed on a section of track
until repairs can be made.
Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses
(railroads).
Form(s): FRA F 6180.71.
Respondent Universe: 741 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

CFR section

Respondent
universe

Total annual
responses

Average time per
response

216.13(b)—Special Notice for Repairs:
Locomotive—RR reply to special notice for repair informing FRA Regional
Administrator that affected locomotive
is returned to service.

741 railroads ...........

5 form replies ..........

15 minutes ..............

2 Based on Bureau of Labor Statistics (BLS) data,
FRA is using an average hourly wage rate of 74 per
hour for State employees to determine the dollar
equivalent cost of estimated burden. Based on the

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2017 American Association publication, Railroad
Facts, FRA is using an average hourly wage rate of
77 per hour for professional/administrative to
determine the same dollar equivalent costs. All

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Total annual
burden hours
1 hour

Total annual
burden hour
dollar cost
equivalent
$77

hourly wage rates included 75 percent overhead
costs.

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Respondent
universe

Total annual
responses

Average time per
response

216.15(b)—Special Notice for Repairs:
Track—RR reply to special notice for
repair informing FRA Regional Administrator that affected track is restored
to condition permitting operations at
speeds authorized at higher speeds.
216.21(b)—Notice of track conditions:
Letter from railroad to FRA regional
track engineer that affected track has
been repaired and is ready for re-inspection.
216.25—Issuance of review and emergency order: Petition for review of
order or letter stating track has been
repaired.

741 railroads ...........

50 form replies ........

15 minutes ..............

13

1,001

741 railroads ...........

1 letter .....................

60 minutes ..............

1 hour

77

741 railroads ...........

1 letter .....................

60 minutes ..............

1 hour

77

Total Estimated Annual Responses:
57.
Total Estimated Annual Burden: 16
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $1,232.
Title: Bridge Safety Standards.
OMB Control Number: 2130–0586.
Abstract: The Fixing America’s
Surface Transportation Act (FAST Act)
(Pub. L. 114–94, Dec. 4, 2015), Section
11405, ‘‘Bridge Inspection Reports,’’
provides a means for a State or a
political subdivision of a State to obtain
a public version of a bridge inspection
report generated by a railroad for a
bridge located within their respective
jurisdiction. While the FAST Act
specifies that requests for such reports
are to be filed with the Secretary of
Transportation, the responsibility for
fulfilling these requests is delegated to
FRA. See 49 CFR 1.89.
FRA’s currently approved information
collection accounts for the burden that
will be incurred by States and political
subdivisions of States requesting a
public version of a bridge inspection
report generated by a railroad for a
bridge located within their respective
jurisdiction. FRA developed a Form
titled ‘‘Bridge Inspection Report Public
Version Request Form’’ to facilitate such
requests by States and their political
subdivisions. FRA accounts for the
burden that will be incurred by
railroads to provide the public version

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CFR section

FAST ACT SECTION 11405 REQUIREMENTS:.
—Form FRA F 6180.167 ..................

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of a bridge inspection report upon
agency request to FRA.
As background, FRA’s final rule on
bridge safety standards, 49 CFR part
237, normalized and established federal
requirements for railroad bridges. See 75
FR 41281 (July 15, 2010). The final rule
established minimum requirements to
assure the structural integrity of railroad
bridges and to protect the safe operation
of trains over those bridges. The final
rule required railroads/track owners to
implement bridge management
programs to prevent the deterioration of
railroad bridges and to reduce the risk
of human casualties, environmental
damage, and disruption to the Nation’s
transportation system that would result
from a catastrophic bridge failure.
Bridge management programs were
required to include annual inspection of
bridges as well as special inspections,
which must be conducted if natural or
accidental events cause conditions that
warrant such inspections. Lastly, the
final rule required railroads/track
owners to audit bridge management
programs and bridge inspections and to
keep records mandated under part 237.
The information collected is used by
FRA to ensure that railroads/track
owners meet Federal standards for
bridge safety and comply with all the
requirements of this regulation. In
particular, the collection of information
is used by FRA to confirm that
railroads/track owners adopt and

implement bridge management
programs to properly inspect, maintain,
modify, and repair all bridges that carry
trains for which they are responsible.
Railroads/track owners must conduct
annual inspections of railroad bridges.
Further, railroads/track owners must
incorporate provisions for internal audit
into their bridge management program
and must conduct internal audits of
bridge inspection reports. The internal
audit information is used by railroads/
track owners to verify that the
inspection provisions of the bridge
management program are being
followed and to continually evaluate the
effectiveness of their bridge
management program and bridge
inspection activities. FRA uses this
information to ensure that railroads/
track owners implement a safe and
effective bridge management program
and bridge inspection regime.
Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses (railroads)
and States, DC, and political
subdivisions).
Form(s): FRA F 6180.167.
Respondent Universe: 741 railroads/
50 States and DC/200 political
subdivisions.
Frequency of Submission: On
occasion/monthly.
Reporting Burden:

Respondent
universe

Total annual
responses

Average time per
response

50 states and DC
200 state political
subdivisions.

75 forms ..................

5 minutes ................

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Total annual
burden hours

Total annual
burden hour
dollar cost
equivalent

CFR section

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Total annual
burden hours

6

Total annual
burden hour
dollar cost
equivalent 3

$402

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CFR section

Respondent
universe

Total annual
responses

Average time per
response

—Railroad submission to FRA of
bridge inspection report—public
version.
237.3—Notifications to FRA of assignment of bridge responsibility and
signed statement by assignee concerning bridge responsibility.
237.9—Waivers—petitions .......................
237.57—Designation of qualified individuals.
237.73—Issuance of instructions to railroad personnel by track owner.
237.109—Nationwide annual bridge inspections—reports/records:
—Report of deficient condition on a
bridge.
237.155—Documents & records—Establishment of RR monitoring & info. technology security systems for electronic
recordkeeping.
—Employees trained in system ........

741 railroads ...........

75 reports ...............

60 minutes ..............

741 railroads ...........

741 railroads ...........
741 railroads ...........

$5,025

15 notifications + 15 90 minutes + 30
signed statements.
minutes.

30

$2,310

4 ..............................
15 minutes ..............

8
50

$616
$3,850

2 ..............................

200

$15,400

15 minutes ..............

3,863

$258,821

741 railroads ...........

2 petitions ...............
200 recorded designations.
100 issued written
instructions.
15,450 insp. reports/
records.
50 reports ...............

30 minutes ..............

25

$1,675

741 railroads ...........

5 systems ...............

80 ............................

400

$30,800

741 Railroads .........

100 employees .......

8 ..............................

800

$61,600

741 railroads ...........
741 railroads ...........

Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–12574 Filed 6–13–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2006–25040]

Petition for Waiver of Compliance

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Under part 211 of Title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that by documents dated June 14, 2018,
and April 17, 2019, the Capital
Metropolitan Transportation Authority
(CMTY) petitioned the Federal Railroad
Administration (FRA) to modify
3 Based on the 2017 AAR publication Railroad
Facts, FRA calculates the average hourly wage rate
for professional/administrative staff at $77 per hour
and the average hourly wage rate of bridge workers
at $67 per hours to determine the dollar equivalent
cost numbers. All hourly wage rates include 75
percent overhead costs.

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Total annual
burden hour
dollar cost
equivalent 3

75

Total Estimated Annual Responses:
16,087.
Total Estimated Annual Burden:
5,457 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $380,499.
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.

VerDate Sep<11>2014

Total annual
burden hours

conditions related to a waiver of
compliance from certain provisions of
the Federal railroad safety regulations.
Specifically, CMTY requests to
eliminate temporal separation
requirements and the 60 miles-per-hour
(MPH) speed restrictions imposed, most
recently, in a decision letter dated April
20, 2015. FRA assigned the petition
Docket Number FRA–2006–25040.
The CMTY commuter rail system,
‘‘Red Line,’’ connects downtown
Austin, Texas, with Austin’s northern
suburbs along 32 miles with 9 stations.
Service began in 2010 with a fleet of six
diesel multiple unit (DMU) rail vehicles
designated ‘‘GTW Generation 1’’ (GTW
G1) built by Stadler Rail. Since 2010,
these rail vehicles have operated safely
under the conditions of waivers.
In its petition, CMTY states that
several technical and mechanical
changes have been made to the GTW G1
vehicles. Furthermore, on January 22,
2019, changes to FRA’s Passenger
Equipment Safety Standards, 49 CFR
part 238, became effective. Together, the
vehicle modification and updated
regulation combine to make CMTY
GTW G1 vehicles fully compliant with
FRA crashworthiness standards, and
more compliant with several items
previously waived. As a result, CMTY
asks FRA to remove the two waiver
conditions requiring temporal
separation and the 60 MPH speed
restriction.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200

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New Jersey Avenue SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 29,
2019 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as practicable.
Anyone can search the electronic
form of any written communications

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File Typeapplication/pdf
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