Sept 20, 2019 FR Notice (30-Day)

Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–14]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), 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, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On June 14, 2019,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before October
21, 2019.
ADDRESSES: Submit written comments
on the ICR to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503,
Attention: FRA Desk Officer. Comments
may also be sent via email to OMB at
the following address: oira_
[email protected].
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, 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).
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 June 14, 2019, FRA
published a 60-day notice in the Federal
Register soliciting comment on the ICR
for which it is now seeking OMB
approval. See 84 FR 27832. FRA
received 191 comments in response to

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this 60-day notice which it reviewed
and summarized below.
FRA received numerous comments on
the 60-day notice from individuals,
representatives of private companies,
cities, community hospitals, police
departments, and State agencies,
including the Washington Utilities and
Transportation Commission (UTC), the
Illinois Commerce Commission (ICC),
and the Public Utilities Commission of
Ohio. Commenters across several states,
including Indiana, Illinois, Texas,
Oklahoma, Nebraska, Utah and
Washington, alluded to the severity of
the problem of blocked crossings in
their communities. Many commenters
provided FRA with feedback regarding
ongoing problems with blocked
highway-rail grade crossings in their
communities. FRA thanks these
commenters for their input. However,
for purposes of this information
collection request, FRA is only
responding to comments that relate to
the proposed blocked crossing data
collection’s burden estimates and not on
blocked crossings generally.
FRA reviewed numerous comments in
support of the blocked crossing data
collection from individuals who
expressed their frustrations with the
current reporting process. These
comments discussed the need for greater
reporting accuracy and for the public to
have a mechanism for reporting slowmoving or stopped trains at railroad
crossings. One commenter questioned
the low number of blocked crossing
complaints (669 complaints over a twoyear period) cited in the 60-day notice
of the proposed data collection and
asserted that the number of responses
will be significantly higher if the
proposed data collection is properly
promoted. The Chicago Metropolitan
Agency for Planning shared with FRA
potential alternative techniques for data
collection to evaluate the impacts of
blocked crossings on local communities,
and the UTC urged FRA to gather
information about the location,
duration, and nature of the crossing
blockages and recommended that FRA
develop a national educational
campaign providing information on how
to report blocked crossings.
The Association of American
Railroads (AAR) commented on what it
believes to be several issues with the
method and quality of the proposed data
collection. The AAR notes that the 60day notice did not ‘‘define what
constitutes either a ‘blocked crossing’ or
a ‘slow moving’ train.’’ Further, the
AAR asserts that FRA has not
established any mechanism that would
enable it—or the railroads—to verify or
investigate public reports of blocked

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crossings and therefore questions the
reliability and usefulness of the data.
Instead, the AAR recommends that FRA
direct the public to the railroad for any
‘‘blocked crossing’’ or ‘‘slow moving
train’’ concerns.
FRA believes the number of
comments submitted illustrates both the
need and the urgency to carry out the
proposed data collection. The proposed
data collection will collect information
on the impacts of blocked crossings,
while also gathering data on the
location, time, and duration of reported
blocked crossing incidents. FRA does
not believe the proposed data collection
will create the expectation that FRA and
the railroads involved will investigate
and take action in response to reported
blocked crossing incidents. As noted,
the form will state that there are no
federal laws or regulations that
specifically address the length of time
trains are permitted to occupy a
crossing. The form will also state that
the information collected is only being
used to determine the locations, times,
and impacts of blocked crossing
incidents. However, FRA will consider
modifying language on the form to
clarify that no investigation or action
should be expected by submitting the
survey and that there may be legitimate
safety and operations-related reasons for
a crossing to be occupied by a slowmoving or idling train.
Some commenters, such as the ICC,
observed that FRA’s estimates for the
proposed data collection in the 60-day
notice were much too low and that
FRA’s simple survey could take less
than two minutes to complete. In
response to those comments, FRA has
taken a second look at its estimates
proposed in the 60-day notice and
revised them. FRA estimated the
number of responses based on the
existing rate of complaints received
about blocked crossings. However, this
estimate did not include the anticipated
impact of future public promotion of
this proposed data collection. FRA
agrees with the comment that it should
promote the proposed data collection
and educate the public on how to report
blocked crossings. FRA believes this
could result in a tenfold increase in the
response rate. Therefore, the estimated
number of responses has been increased
by doubling the previous estimate. FRA
revaluated its estimated time to
complete the survey and estimates that
it will take a responder approximately 3
minutes to complete.
Before OMB decides whether to
approve this proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove

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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices

paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.10(b); 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: Inquiry into Blocked HighwayRail Grade Crossings throughout the
United States.
OMB Control Number: 2130–NEW.
Abstract: FRA is interested in
obtaining more information regarding
the frequency, location, and impacts of
highway-rail crossings blocked by slowmoving or idling trains. Currently, there
are no federal laws or regulations that
specifically address how long a train
may occupy a crossing, whether idling
or at slow speeds. Some States and local

municipalities have laws that vary in
how long trains are permitted to occupy
crossings.
There are potential safety concerns
with crossings that are blocked by
trains. For instance, pedestrians may
crawl under or through idling trains.
Also, emergency response vehicles and
first responders may be significantly
delayed from responding to an incident
or transporting patients to a hospital. In
addition, drivers may take more risks,
such as driving around lowered gates at
a crossing or attempting to beat a train
through a crossing without gates, in
order to avoid a lengthy delay if they are
aware that trains routinely block a
crossing for extended periods of time.
There are also potential economic
impacts that affect businesses, such as
stores or restaurants not being accessible
to a customer base for an extended
period of time. Finally, highway-rail
grade crossings that are blocked for
extended periods of time may create
societal nuisances, such as roadway
congestion, late mail service and
deliveries, disrupted school and work
arrival and dismissal, or missed
appointments.
Over a recent two-year period, from
April 1, 2017, to March 31, 2019, FRA’s
Office of Railroad Safety received 669
email complaints about blocked
crossings through FRA’s ‘‘Contact Us’’
website. This web page is used by the
general public to submit any type of
comment/question to FRA’s Office of
Safety, not just reports of blocked
crossings. FRA proposes to add new
dedicated links to its existing website
and an existing phone application (app)
for a user to report blocked crossings.
This would simplify the reporting of
blocked crossing information and
standardize the data received about
blocked crossings.
The proposed data collection would
be gathered using three methods:
Total
annual
responses

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CFR section

1. A link would be added to FRA’s
existing website directing a user to a
web-based form to submit information
about a blocked crossing to FRA. Access
to this web-based form would be
unrestricted and available to the general
public.
2. A link would be added to the
existing FRA phone app, ‘‘FRA Crossing
Locator App,’’ that will direct users to
an app-based form to submit
information about a blocked crossing to
FRA. Access to the form on the phone
app would be unrestricted and available
to the general public.
3. A link would be added to FRA’s
existing website directing law
enforcement personnel to submit
information about a blocked crossing to
FRA. Access for law enforcement
personnel to use the form would be
restricted to users with a username and
password, managed by FRA.
Upon accessing the form, a user
would be notified that there are no
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
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.
Form(s): FRA F 6180.175.
Respondent Universe: General public
and national law enforcement
personnel.
Frequency of Submission: On
occasion; one-time.
Reporting Burden:
Average
time per
responses
(minutes)

Total
annual
burden
hours

Total
cost
equivalent 1

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 .........................................................................................................

3,500
500

3
3

175
25

$4,725
675

1,000

3

50

1,350

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

5,000

N/A

250

6,750

1 FRA

used an hourly rate of $27 per hour for the value of the public’s time. FRA obtained this data from the Department of Labor, Bureau of
Labor Statistics.

Total Estimated Annual Responses:
5,000.
Total Estimated Annual Burden: 250
hours.

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Total Estimated Dollar Equivalent
Burden Cost: $6,750.
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

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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.

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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–20356 Filed 9–19–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2019–0150]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
MINIMAL RISK (Motor Vessel);
Invitation for Public Comments
Maritime Administration, DOT.
ACTION: Notice.
AGENCY:

The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirements of the coastwise
trade laws to allow the carriage of no
more than twelve passengers for hire on
vessels, which are three years old or
more. A request for such a waiver has
been received by MARAD. The vessel,
and a brief description of the proposed
service, is listed below.
DATES: Submit comments on or before
October 21, 2019.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2019–0150 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Search
MARAD–2019–0150 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2019–0150,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
Note: If you mail or hand-deliver your
comments, we recommend that you
include your name and a mailing
address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change

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to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email [email protected].
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel MINIMAL RISK is:
—Intended Commercial Use of Vessel:
‘‘Pleasure Charters within the Miami
Beach area’’
—Geographic Region Including Base of
Operations: ‘‘Florida’’ (Base of
Operations: Miami Beach, FL)
—Vessel Length and Type: 75′ motor
vessel
The complete application is available
for review identified in the DOT docket
as MARAD–2019–0150 at http://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the vessel name, state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in section 388.4 of
MARAD’s regulations at 46 CFR part
388.
Public Participation
How do I submit comments?
Please submit your comments,
including the attachments, following the
instructions provided under the above
heading entitled ADDRESSES. Be advised
that it may take a few hours or even
days for your comment to be reflected
on the docket. In addition, your
comments must be written in English.
We encourage you to provide concise
comments and you may attach
additional documents as necessary.
There is no limit on the length of the
attachments.
Where do I go to read public comments,
and find supporting information?
Go to the docket online at http://
www.regulations.gov, keyword search

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MARAD–2019–0150 or visit the Docket
Management Facility (see ADDRESSES for
hours of operation). We recommend that
you periodically check the Docket for
new submissions and supporting
material.
Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Department
of Transportation, Maritime
Administration, Office of Legislation
and Regulations, MAR–225, W24–220,
1200 New Jersey Avenue SE,
Washington, DC 20590. Include a cover
letter setting forth with specificity the
basis for any such claim and, if possible,
a summary of your submission that can
be made available to the public.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through www.dot.gov/privacy. To
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
46 U.S.C. 12121)

*

*

*

*

*

Dated: September 17, 2019.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2019–20432 Filed 9–19–19; 8:45 am]
BILLING CODE 4910–81–P

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