July 11, 2022, 30-Day FR Notice

khammond on DSKJM1Z7X2PROD with NOTICES

41166

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices

over the age of 21, resulting in more
drivers leaving the profession.
Response: FMCSA is not in a position
to answer the question about who will
insure the apprentice drivers, but notes
that any motor carrier wishing to
participate in the SDAP Program will
need to provide proof that their
apprentice drivers are covered by a
valid insurance policy, or that the motor
carrier is a participant in FMCSA’s selfinsurance program. As to the comment
regarding mistreatment of apprentice
drivers, FMCSA notes that the
requirements for RA programs under
DOL regulations provide protection
from the type of mistreatment the
commenter discussed. This is one
reason why FMCSA partnered with the
DOL and is requiring that motor carriers
participating in the SDAP Program also
become Registered Apprenticeship
participants.
APCIA’s comment raised questions
regarding the data FMCSA will collect
and the data that FMCSA will use as
comparison data. APCIA stated that
FMCSA ‘‘must show that participating
drivers are no more likely than the
current population of interstate
commercial truck drivers [to] have
highway accidents.’’ APCIA also noted
that the information collected should
capture any additional training that
individual motor carriers may add, on
top of those required by the SDAP
Program, and requested that the final
public data set include detailed
statistical information on the program’s
safety results, to aid insurers in making
decisions in the future.
Response: While the APCIA has
provided statistics on crash rates of
younger drivers, one of the key
components of this pilot program is to
identify how a structured training and
probationary period can enhance the
safety of younger CMV operators, which
can only be determined through
conducting the pilot program. FMCSA
agrees that it is important to collect
information on any remedial or
additional training that occurs and has
included this information in the
monthly data collection plan. FMCSA
will publish all detailed statistics
collected during the study provided no
personally identifiable information is
included.
Finally, TSC, CRASH, and PATT
noted their opposition to the SDAP
Program, and urged that FMCSA
immediately terminate it. In the
alternative, the commenters requested
that FMCSA add several requirements to
the SDAP Program, including: extending
requirements for the technology that is
required to be installed in a CMV past
the probationary periods to the entirety

VerDate Sep<11>2014

16:48 Jul 08, 2022

Jkt 256001

of the apprenticeship; requiring both
front- and rear-facing cameras; and
requiring all participating motor carriers
to agree to a compliance review or DOT
audit within 18 months of acceptance
into the SDAP Program. Additionally,
Samsara, Inc. also recommended
requiring both forward facing and in-cab
camera views.
Response: FMCSA agrees with and
accepts the requirement for both
forward facing- and rear- (in-cab) facing
cameras throughout the participation
period of apprentices to be able to
collect adequate safety data. Requiring
additional technology, such as speed
limiters or active braking mitigation
devices past the probationary period
could be prohibitive to smaller carriers
wishing to participate, and therefore
FMCSA has decided not to extend the
technology requirements past what is in
the IIJA. FMCSA will note that the
adoption of these technologies is
steadily increasing, and it is therefore
likely that a large percentage of
apprentices, if not all, will continue to
utilize these technologies throughout
their tenure in the program despite the
lack of requirement. FMCSA will collect
data on a monthly basis regarding which
technologies are actively employed on
the vehicles which apprentices are
driving. FMCSA requiring a compliance
review or DOT audit of up to 1,000
carriers participating in the program
would detract resources from carriers
who have been flagged for a compliance
review or DOT audit due to safetyrelated reasons. This requirement is not
feasible for FMCSA to implement at this
time.
Title: Safe Driver Apprenticeship Pilot
Program.
OMB Control Number: 2126–0075.
Type of Request: Renewal of an
information collection previously
approved under emergency authority.
Respondents: Motor carriers; drivers.
Estimated Number of Respondents:
14,830 total (1,600 motor carriers and
13,230 CMV drivers); 5,410 annually
(1,000 carriers and 4,410 CMV drivers).
Estimated Time per Response:
Application (motor carrier, apprentice
driver, and experienced driver): 20
Minutes; safety benchmark
certifications: 15 Minutes; monthly
driving and safety data: 60 Minutes;
miscellaneous data submission: 90
Minutes.
Expiration Date: July 31, 2022.
Frequency of Response: Application
(motor carrier, apprentice driver, and
experienced driver): Once; safety
benchmark certifications: Twice for
each apprentice driver; monthly driving
and safety data: Monthly; miscellaneous
data submissions: Monthly.

PO 00000

Frm 00071

Fmt 4703

Sfmt 4703

Estimated Total Annual Burden:
169,344 hours total, or 56,448 hours
annually (motor carriers: 164,934 hours
total, or 54,978 hours annually, which
includes a one-time application, two
safety benchmark certifications for each
participating apprentice, and monthly
driving and safety data on all
participating apprentices as well as
miscellaneous data submissions;
drivers: 13,797 hours total, or 4,599
hours annually which includes a onetime application for experienced and
apprentice drivers).
Definitions: N/A.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2022–14626 Filed 7–8–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–11]

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 April 1, 2022, FRA
published a notice providing a 60-day
period for public comment on the ICR.
DATES: Interested persons are invited to
submit comments on or August 10,
2022.
SUMMARY:

E:\FR\FM\11JYN1.SGM

11JYN1

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices
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) 868–9412.
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 April 1, 2022, FRA
published a 60-day notice in the Federal
Register soliciting comment on the ICR
for which it is now seeking OMB
approval. See 87 FR 19176. FRA
received one comment from the
Association of American Railroads
(AAR) related to the proposed collection
of information.
In its comment letter, AAR expressed
its concerns about the reliability of the
data collected by the blocked crossing
portal, noting the potential for the
public to submit reports of trains
moving through highway-rail grade
crossings in the ordinary course of
operations rather than of avoidable,
blocked crossing incidents. AAR also
noted that there is no mechanism in
place to guard against individuals
submitting multiple reports of a single
event, asserting that a small number of
people could repeatedly submit a high
volume of complaints regarding trains at
specific locations. Finally, AAR asserted
that FRA failed take into account the
paperwork burden imposed when FRA
requests further information from a
railroad as part of its blocked crossing
investigation.
As referenced below, the
Infrastructure Investment and Jobs Act,
(Pub. L. 117–58), also known as the
‘‘Bipartisan Infrastructure Law’’ (BIL)
requires that FRA maintain an online
portal and corresponding database to
receive information from the public
regarding blocked highway-rail grade
crossings. Section 22404(i) of BIL
requires FRA to submit a report to
Congress that discusses, among other
things, whether FRA’s blocked crossing
portal continues to be an effective
method to collect blocked crossing
information, as well as changes that
could be made to improve its

khammond on DSKJM1Z7X2PROD with NOTICES

ADDRESSES:

VerDate Sep<11>2014

16:48 Jul 08, 2022

Jkt 256001

effectiveness. On June 14, 2022, FRA
published a request for information
(RFI) in the Federal Register, soliciting
comments on how FRA’s engagement
with affected parties and changes to the
portal and related operations can
improve the effectiveness of the portal.
See 87 FR 36036. FRA encourages AAR
and other affected parties to submit its
suggestions on how to improve the
effectiveness of the portal to the RFI
docket.
FRA appreciates AAR’s comments
about the quality of the blocked crossing
portal’s collected data and seeks
comments through the RFI on ways in
which it can be improved. Before FRA
follows up with a railroad on a reported
blocked crossing, FRA reviews
information available about the blocked
crossing incident. If FRA determines
that the blocked crossing arose because
a train moved through a highway-rail
grade crossing in the ordinary course of
operations, FRA will not investigate the
incident further. In addition, if FRA
determines that the railroad had an
operational justification for blocking the
crossing, FRA will include this
information in its records.
Since the introduction of the blocked
crossing portal in 2020, FRA has
streamlined its procedures for
following-up with railroads in response
to blocked crossing reports. In response
to AAR feedback that FRA’s inquiries
were too onerous, FRA completes the
majority of its follow-up requests after a
brief phone call with the involved
railroad or during stakeholder meetings.
Additionally, FRA also recognizes that
railroads may not collect the requested
information and, in those
circumstances, FRA considers the
response of ‘‘not known’’ sufficient.
Nonetheless, FRA agrees with AAR that
it should adjust its estimated paperwork
burdens to account for railroad
responses to FRA’s inquiries.
Accordingly, FRA is updating its burden
estimates in the re-published PRA table
to better account for railroads’ burdens
in response to FRA’s follow-up
inquiries.
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
1320.12(a); 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.

PO 00000

Frm 00072

Fmt 4703

Sfmt 4703

41167

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: 2130–0630.
Abstract: In 2020, FRA created a
dedicated website allowing the public
and law enforcement personnel to use
web-based forms to voluntarily submit
information about blocked crossings to
FRA.1 Under the currently approved
information collection request, users
provide information regarding the
location, date, time, duration, and
immediate impacts of highway-rail
grade crossings blocked by slow-moving
or stationary trains. FRA uses the data
collected to gain a more complete
picture of where, when, for how long,
and what impacts result from reported
blocked crossing incidents.2
Additionally, FRA uses the information
to respond to congressional inquiries so
that congressional staff can respond to
their constituents. Furthermore, FRA
uses the information gathered to
facilitate meetings, outreach, and other
solutions for stakeholders to reduce or
eliminate blocked crossing concerns.
Upon accessing these web-based
forms, users are notified there are no
Federal laws or regulations that
specifically address the length of time a
1 Access to the web-based form used by the public
is unrestricted. Access to the web-based form used
by law enforcement personnel and first responders
is restricted to law enforcement personnel with
usernames and passwords managed by FRA.
2 The data collection is not designed to provide
a representative sample or create generalizable
statistics. Additionally, the data gathered from this
collection is not suitable for use in budgetary
requests or regulatory proposals.

E:\FR\FM\11JYN1.SGM

11JYN1

41168

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices

train may occupy a highway-rail grade
crossing. Users are also notified that
information submitted will not be
forwarded to a railroad, State, or local
agency, and will only being used for
data collection purposes to determine
the locations, times, and impacts of
blocked crossings.
On November 15, 2021, the BIL was
enacted. In addition to mandating that
FRA establish an online portal and
corresponding database to receive
information regarding blocked highwayrail grade crossings, section 22404 of
BIL ‘‘encourages each complainant to
report the blocked crossing to the
relevant railroad.’’ Therefore, in
preparation for this new statutory
mandate, FRA proposes to modify the
existing web-based forms by adding one
question, ‘‘have you contacted the
railroad?’’ Otherwise, the rest of the
questions on the web-based forms will
remain the same.3
Currently, there are no Federal laws
or regulations that specifically address
how long a train may occupy a crossing,
whether stationary or operating at slow
speeds. Some States and local
municipalities have laws that vary in
how long trains are permitted to occupy
crossings. However, there are legitimate

operational reasons why trains may
block grade crossings, including trains
stopping for compliance with Federal
regulatory requirements (such as
required safety tests and inspections).
Therefore, some courts have found that
State laws and regulations that address
how long trains may occupy grade
crossings have the effect of regulating
aspects of railroad operations currently
regulated by FRA and are thus
preempted by the Federal railroad safety
statutes and regulations. (See CSX
Transp., Inc. v. City of Plymouth, 283
F.3d 812 (6th Cir. 2002)). In addition,
some courts have found State laws and
regulations attempting to limit the time
trains are permitted to occupy grade
crossings to be preempted by the
Interstate Commerce Commission
Termination Act, which provides the
Surface Transportation Board with
broad jurisdiction over railroad
operations. (See Elam v. Kansas City
So., 635 F.3d 796 (5th Cir. 2011)).
There are potential safety concerns
with crossings that are blocked by
trains. For instance, pedestrians may
crawl under or through stationary trains.
Also, emergency response vehicles and
first responders may be delayed when
Total annual
responses

Average time
per response

Total annual
burden hours

Total cost equivalent

(A)

(B)

(C) = A * B

(D) = C * wage rate 5

General public via the unrestricted form on the FRA website .....................................
Law enforcement personnel (including first responders) via the limited access form
on the FRA website.
Monthly meeting between FRA and Class I railroads on blocked crossings—Review
of blocked crossings data from FRA’s blocked crossings portal 6.

15,500 responses ...
350 responses ........

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

775
17.5

$20,925
895

12 meetings and reviews.

20 hours ..........

240

18,586

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

15,862 responses ...

N/A ..................

1,033

40,406

Section 4

Total Estimated Annual Responses:
15,862.
Total Estimated Annual Burden:
1,033 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $40,406.
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 that does
not display a currently valid OMB
control number.

khammond on DSKJM1Z7X2PROD with NOTICES

responding to an incident or
transporting persons 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 their customer base for an extended
time period. Finally, highway-rail grade
crossings that are blocked for extended
time periods may create societal
nuisances, such as roadway congestion,
delayed mail service and deliveries,
disrupted school and work arrival and
dismissal, or missed appointments.
Type of Request: Revision of a
currently approved collection.
Affected Public: Public individuals,
law enforcement personnel, and first
responders.
Form(s): FRA F 6180.175.
Respondent Universe: Public
individuals, law enforcement personnel,
and first responders.
Frequency of Submission: On
occasion. Reporting Burden:

3 The average time per response will be remain at
3 minutes per response since the modification made
under BIL requirement is de minimis.
4 The current inventory exhibits a total burden of
250 hours while the total burden of this notice is
1,033 hours. The increase in burden hours is due
to an anticipated increase in the number of
responses.

VerDate Sep<11>2014

16:48 Jul 08, 2022

Jkt 256001

Authority: 44 U.S.C. 3501–3520.

DEPARTMENT OF TRANSPORTATION

Allison Ishihara Fultz,
Chief Counsel.

Federal Transit Administration

[FR Doc. 2022–14710 Filed 7–8–22; 8:45 am]

FY 2022 Competitive Funding
Opportunity: Passenger Ferry Grant
Program, Electric or Low-Emitting
Ferry Pilot Program, and Ferry Service
for Rural Communities Program

BILLING CODE 4910–06–P

Federal Transit Administration
(FTA), U.S. Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity
(NOFO).
AGENCY:

5 For the value of the public’s time, FRA used an
hourly rate of $27 per hour from the Department of
Labor, Bureau of Labor Statistics (BLS). For law
enforcement and first responder respondents, FRA
used an hourly wage rate of $49.74 per hour that
includes an average benefit rate of $20.87 from BLS’
Occupational Employment Statistics (OES) 33–
3000, classified within NAICS 999200, State
Government—excluding schools and hospitals. See
https://www.bls.gov/oes/current/naics4_

PO 00000

Frm 00073

Fmt 4703

Sfmt 4703

999200.htm. For railroad respondents, FRA used an
hourly wage rate of $77.44 that includes a 75percent overhead charge from the Surface
Transportation Board’s 2020 Full Year Wage A&B
data series for railroad workers.
6 FRA adds this row in response to AAR’s
comments that FRA should account for railroads’
estimated paperwork burdens in responding to
FRA’s follow-up inquiries on blocked crossings.

E:\FR\FM\11JYN1.SGM

11JYN1