June 15, 2021, 30-Day FR Notice

June 15, 2021, 30-Day FRN.pdf

Report of Railroad Trespasser Form

June 15, 2021, 30-Day FR Notice

OMB: 2130-0635

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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Notices
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action can be directed to the
FHWA or WisDOT contacts listed
above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Issued on: June 9, 2021.
Bethaney L. Bacher-Gresock,
Environmental Program and Project
Specialist, Federal Highway Administration,
Madison Wisconsin.
[FR Doc. 2021–12481 Filed 6–14–21; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0006–N–7]

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 March 15, 2021,
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 July 15,
2021.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer at email:
[email protected] or telephone:
(202) 493–0440.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its

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SUMMARY:

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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 March 15, 2021,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which it is now seeking
OMB approval. See 86 FR 14359. FRA
received two comments in response to
this 60-day notice.
The Vermont Rail Action Network
expressed its concerns to FRA about the
accuracy of the law enforcement agency
data proposed to be collected on FRA F
6180.178, specifically the data on race,
ethnicity, and to a lesser extent, age.
The advocacy group argues that
problematic policing practices will
result in FRA having an inaccurate
picture of those who trespass along
railroad rights-of-way in the United
States because it asserts that the law
enforcement data will be distorted
towards a higher proportion of
trespassers who are African American.
FRA has considered Vermont Rail
Action Network’s feedback, but believes
that collecting demographic information
is important to its goals of reducing the
annual number of injuries and fatalities
arising from trespassing activities. FRA
plans to utilize the information
collected primarily to develop targeted
outreach campaigns to dissuade
individuals from trespassing. Prior to
the creation of FRA F 6180.178, FRA
conducted extensive interviews with
law enforcement agencies and
determined that this standard
demographic data would allow FRA and
its partners to create more impactful
educational anti-trespassing campaigns
through outreach to demographic
groups that have been observed by law
enforcement personnel trespassing
along railroad rights-of-way.
The collection of this demographic
information may also allow FRA to
better carry out the goals of the BidenHarris Administration’s Executive Order
13985 on Advancing Racial Equity and
Support for Underserved Communities
through the Federal Government 1 and
DOT’s commitments in its Equity and
Access Policy Statement. By gathering
more demographic data, FRA will be
better able to determine whether
communities that are underserved,
marginalized, or adversely affected by
1 See Executive Order 13985 directing the Federal
Government to pursue a comprehensive approach
to advance equity, civil rights, racial justice, and
equal opportunity to strengthen communities that
have been historically underserved, marginalized,
and adversely affected by persistent poverty and
inequality.

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persistent poverty and inequality have a
disproportionate number of observed
trespassing incidents that necessitate
new or enhanced outreach efforts.
Utilizing the information collection as a
whole, FRA can then, with its outreach
partners, such as Operation Lifesaver
and Safe Kids Worldwide, direct future
trespasser prevention campaigns to all
communities with a high number of
observed trespassing incidents and
fashion these efforts to maximize their
effectiveness.
FRA received another comment in
response to this 60-day notice from Dr.
Rapik Saat, expressing his support for
this ICR and suggesting that FRA collect
information related to trespassers’
socioeconomic conditions such as
occupation and income level. At the
present time, FRA does not plan to
collect this socioeconomic data from
law enforcement agencies because this
information is not part of the agencies’
standard data collection practices and
would create an undue paperwork
burden on them.
FRA also wishes to inform the public
that it has made two changes to FRA F
6180.178 based on internal feedback.
FRA added a clarifying footnote noting
that railroads must continue to submit
any and all forms for an accident/
incident that are required under 49 CFR
part 225. FRA also added a data field in
which law enforcement agencies can
indicate whether the trespasser appears
intoxicated. This field was inadvertently
excluded on the original proposed form.
FRA will work with its outreach
partners to develop educational
outreach initiatives and public service
announcement campaigns targeted to
establishments that are located near
railroad tracks if intoxication is deemed
to be a contributing factor to railroad
trespassing.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
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 30day 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

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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Notices

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: Report of Railroad Trespasser
Form.
OMB Control Number: 2130–NEW.
Abstract: Trespasser deaths on
railroad rights-of-way and other railroad
property are the leading cause of
fatalities attributable to railroad
operations in the United States. To
address this serious issue, the railroad
industry, governments (Federal, State,
and local), and other interested parties
must know more about the individuals
who trespass. With such knowledge,
specific educational programs,
materials, and messages regarding the
hazards and consequences of
trespassing on railroad property can be
developed and effectively distributed.
Due to the lack of available root cause
data, FRA proposes to collect data from
law enforcement agencies to develop
general descriptions of the root causes
of trespassing. This will allow FRA and
other interested parties, such as
Operation Lifesaver, to target audiences
with appropriate education and
enforcement campaigns to reduce the
resulting annual number of injuries and
fatalities.
Completion and submission of form
FRA F 6180.178 will be required for law
enforcement agency grantees, as a
condition of FRA’s Railroad Trespassing
Enforcement Grant. The grantees will
complete the form for each trespasser
incident in their jurisdiction, describing
the trespassers’ race/ethnicity, gender
and age to the best of their abilities. For
law enforcement agencies not receiving
FRA’s Railroad Trespassing
Enforcement grants, completion and
submission of this form is voluntary.
For convenience to the respondents,
FRA proposes an electronic option
where the respondents can respond via
a web-based form. The web-based form
also will facilitate FRA’s ability to
maintain the data collected in a more
useful and uniform manner, as the

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dropdown boxes will assist FRA in
receiving more standardized responses.
Type of Request: Approval of a new
collection of information.
Affected Public: Public authorities.
Form(s): FRA F 6180.178.
Respondent Universe: Law
enforcement agencies.
Frequency of Submission: Monthly.
Total Estimated Annual Responses:
3,300.
Total Estimated Annual Burden: 550
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $26,180.
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 a
respondent is not required to respond
to, conduct, or sponsor a collection of
information that does not display a
currently valid OMB control number.
Brett A. Jortland,
Acting Chief Counsel.

Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2021–0068,
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
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.

[FR Doc. 2021–12570 Filed 6–14–21; 8:45 am]

FOR FURTHER INFORMATION CONTACT:

BILLING CODE 4910–06–P

James Mead, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–459,
Washington, DC 20590. Telephone 202–
366–5723, Email [email protected].

Authority: 44 U.S.C. 3501–3520.

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2021–0068]

Requested Administrative Waiver of
the Coastwise Trade Laws:
SAILFUTURE (Motor Yacht); Invitation
for Public Comments
Maritime Administration, DOT.
Notice.

AGENCY:
ACTION:

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
July 15, 2021.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2021–0068 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Search
MARAD–2021–0068 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
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As
described by the applicant, the intended
service of the vessel SAILFUTURE is:
—Intended Commercial Use of Vessel:
‘‘Commercial charter for 12
passengers.’’
—Geographic Region Including Base of
Operations: ‘‘Florida, Georgia, South
Carolina, North Carolina, Maryland,
New York, Massachusetts, Maine.’’
(Base of Operations: St Petersburg, FL)
—Vessel Length and Type: 105′ Motor
Yacht

SUPPLEMENTARY INFORMATION:

The complete application is available
for review identified in the DOT docket
as MARAD–2021–0068 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.

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