April 28, 2022, FR Notice (60-day)

April 28 2022 FR Notice (60-day).pdf

System for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings

April 28, 2022, FR Notice (60-day)

OMB: 2130-0591

Document [pdf]
Download: pdf | pdf
jspears on DSK121TN23PROD with NOTICES1

25342

Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices

Dale A. McCoy (ME)
Cole W. McLaughlin (SD)
Rodney J. McMorran (IA)
Daniel A. McNabb, Jr. (KS)
Daniel I. Miller (PA)
Darin P. Milton (TN)
Robert Mollicone (FL)
Russell L. Moyers, Sr. (WV)
Robert L. Murray (IL)
Millard F. Neace II (WV)
Michael Nichols (GA)
Harold D. Pressley (TX)
Erik M. Rice (TX)
Douglas L. Riddell (CA)
John M. Riley (AL)
Gilbert M. Rosas (AZ)
Donald P. Ruckinger (PA)
Michael B. Sauseda (IL)
Tatum R. Schmidt (IA)
Harry J. Scholl (PA)
Kim A. Shaffer (PA)
Jeffery A. Sheets (AR)
Colby T. Smith (UT)
Aaron S. Taylor (WI)
Michael A. Terry (IN)
Glenn R. Theis (MN)
Hany A. Wagieh (NJ)
Eddie Walker (NC)
Norman J. Watson (NC)
Charles T. Whitehead (NC)
Ronald D. Wilson (KY)
Elmer F. Winters (NC)
Trent Wipf (SD)
Kevin Young (NJ)
The drivers were included in docket
numbers FMCSA–1999–6480; FMCSA–
2002–11714; FMCSA–2002–12844;
FMCSA–2003–16564; FMCSA–2005–
22727; FMCSA–2005–23238; FMCSA–
2007–27897; FMCSA–2008–0021;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2011–0275; FMCSA–
2011–0324; FMCSA–2011–0366;
FMCSA–2011–0378; FMCSA–2011–
0379; FMCSA–2011–0380; FMCSA–
2013–0167; FMCSA–2013–0169;
FMCSA–2013–0174; FMCSA–2014–
0002; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2015–0070;
FMCSA–2015–0072; FMCSA–2015–
0344; FMCSA–2015–0345; FMCSA–
2015–0347; FMCSA–2015–0350;
FMCSA–2015–0351; FMCSA–2016–
0024; FMCSA–2017–0026; FMCSA–
2017–0028; FMCSA–2018–0007;
FMCSA–2018–0008; FMCSA–2018–
0010; FMCSA–2018–0012; and FMCSA–
2020–0006. Their exemptions were
applicable as of March 22, 2022 and will
expire on March 22, 2024.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has

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resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–09018 Filed 4–27–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–6]

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, FRA seeks
approval of the Information Collection
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before June 27,
2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. 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: 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
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.
SUMMARY:

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3506, 3507; 5 CFR 1320.8 through
1320.12. Specifically, FRA invites
interested parties to comment on the
following ICR 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.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: System for Telephonic
Notification of Unsafe Conditions at
Highway-Rail and Pathway Grade
Crossings.
OMB Control Number: 2130–0591.
Abstract: The collection of
information set forth under 49 CFR part
234 is used by FRA to ensure that the
Congressional mandate 1 to require
railroad carriers to establish and
maintain a toll-free telephone service to
report unsafe conditions at highway-rail
and pathway grade crossings is carried
out. This information is used by
railroads to investigate and respond to
unsafe conditions and thereby reduce
the risk of accidents/incidents and
corresponding casualties and property
damage at such crossings. Additionally,
law enforcement authorities use the
information to direct vehicular traffic or
carry out other activities to maintain
safety at the highway-rail grade crossing
or pathway grade crossing.
1 Section 205 of the Rail Safety Improvement Act
of 2008 (RSIA), Public Law 110–432, Division A
(October 16, 2008).

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Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.

jspears on DSK121TN23PROD with NOTICES1

234.303(a)–(c) and (e)—Emergency notification systems for telephonic reporting of unsafe conditions
at highway-rail and pathway grade crossings—Receipt by dispatching railroad (RR) of report of unsafe condition at highway-rail grade crossing.
—(d) Receipt by dispatching RR of report of unsafe condition at pathway grade crossing.
234.305(a)(2)—Remedial actions in response to reports of unsafe conditions at highway-rail and
pathway grade crossings—General rule on response to credible report of warning system malfunction at a highway-rail grade crossing—Prompt
contact by the dispatching RR not having maintenance responsibility for all trains that are authorized to operate through the highway-rail grade
crossing of the reported malfunction prior to each
train’s arrival at the crossing.
—(a)(2) General rule on response to credible
report of warning system malfunction at a
highway-rail grade crossing—Dispatching RR
to promptly contact the maintaining RR and
inform it of the reported malfunction.
—(b)(1) General rule on response to public report of warning system malfunction at a highway-rail grade crossing—Prompt contact by
the dispatching RR to all trains that are authorized to operate through the highway-rail
grade crossing in an effort to notify the train
crews of the reported malfunction prior to
each train’s arrival at the crossing.
—(b)(1) General rule on response to public report of warning system malfunction at a highway-rail grade crossing—Prompt contact by
the dispatching RR to law enforcement agency having jurisdiction over the highway-rail
grade crossing to provide the necessary information for the law enforcement agency to direct traffic or carry out other activities to
maintain safety at the highway-rail grade
crossing.
—(b)(2) General rule on response to public report of warning system malfunction at a highway-rail grade crossing—Dispatching RR that
does not have maintenance responsibility for
the warning system at the highway-rail grade
crossing shall promptly contact all trains that
are authorized to operate through the highway-rail grade crossing in an effort to notify
the train crews of the reported malfunction
prior to each train’s arrival at the crossing.
—(b)(2) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR to promptly contact
the law enforcement agency having jurisdiction over the highway-rail grade crossing and
provide the necessary information for the law
enforcement agency to direct traffic or carry
out other activities to maintain safety at the
highway-rail grade crossing.
—(b)(2) General rule on response to public report of warning system malfunction at a highway-rail grade crossing—Dispatching RR to
promptly contact the maintaining RR and inform it of the reported malfunction and maintaining RR to promptly investigate the report,
determine the nature of the malfunction, and
take the appropriate action required by
§ 234.207.

18:26 Apr 27, 2022

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Frequency of Submission: On
occasion.
Reporting Burden:

Total annual responses

Average time per
response

Total annual
burden hours

Total cost
equivalent
wage 3

(A)

(B)

(C) = A * B

(D) = C *

621 railroads ........

64,000 call reports ...........

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

1,066.67

$28,800.09

621 railroads ........

1,860 call reports .............

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

31.00

2,400.64

621 railroads ........

465 contacts ....................

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

7.75

557.15

621 railroads ........

465 contacts ....................

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

7.75

600.16

621 railroads ........

925 contacts ....................

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

15.42

1,108.54

621 railroads ........

925 contacts ....................

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

15.42

1,194.12

621 railroads ........

925 contacts ....................

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

15.42

1,194.12

621 railroads ........

925 contacts ....................

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

15.42

1,194.12

621 railroads ........

925 contacts ....................

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

15.42

1,194.12

Respondent
universe

Section 2

VerDate Sep<11>2014

Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 621 railroads.

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—(c)(1) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR to promptly contact
all trains that are authorized to operate
through the pathway grade crossing in an effort to notify the train crews of the reported
malfunction prior to each train’s arrival at the
crossing.
—(c)(1) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR shall then promptly
contact the law enforcement agency having
jurisdiction over the pathway grade crossing
and provide the necessary information for the
law enforcement agency to direct traffic or
carry out other activities to maintain safety at
the pathway grade crossing.
—(c)(2) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR that does not have
maintenance responsibility for the warning
system at the pathway grade crossing shall
promptly contact all trains that are authorized
to operate through the pathway grade crossing in an effort to notify the train crews of the
reported failure prior to each train’s arrival at
the crossing.
—(c)(2) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR to promptly contact
the law enforcement agency having jurisdiction over the pathway grade crossing and
provide the necessary information for the law
enforcement agency to direct traffic or carry
out other activities to maintain safety at the
pathway grade crossing.
—(c)(2) General rule on response to report of
warning system failure at a pathway grade
crossing—Dispatching RR to promptly contact
the maintaining railroad and inform it of the
reported failure.
—(d)(1) General rule on response to report of a
disabled vehicle or other obstruction blocking
a railroad track at a highway-rail or pathway
grade crossing—Dispatching RR having
maintenance authority to notify all trains operating through highway-rail or pathway grade
crossing in an effort to notify the train crews
of the report of disabled vehicle/other obstruction prior to each train’s arrival at the
crossing.
—(d)(1) General rule on response to report of a
disabled vehicle or other obstruction blocking
a railroad track at a highway-rail or pathway
grade crossing—Dispatching RR having
maintenance responsibility to contact law enforcement authority and provide information
about report of disabled vehicle/other obstruction.
—(d)(2) General rule on response to report of a
disabled vehicle or other obstruction blocking
a railroad track at a highway-rail or pathway
grade crossing—Dispatching RR not having
maintenance responsibility to contact all
trains operating through highway rail or pathway grade crossing in an effort to notify the
train crews of the report of disabled vehicle/
other obstruction prior to each train’s arrival
at the crossing.
—(d)(2) General rule on response to report of a
disabled vehicle or other obstruction blocking
a railroad track at a highway-rail or pathway
grade crossing—Dispatching RR not having
maintenance responsibility to contact law enforcement authority and provide information
about report of disabled vehicle/other obstruction.

VerDate Sep<11>2014

18:26 Apr 27, 2022

Total annual responses

Average time per
response

Total annual
burden hours

Total cost
equivalent
wage 3

(A)

(B)

(C) = A * B

(D) = C *

621 railroads ........

12 contacts ......................

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

.20

15.49

621 railroads ........

12 contacts ......................

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

.20

15.49

465 railroads ........

2 contacts ........................

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

.03

2.32

465 railroads ........

2 contacts ........................

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

.03

2.32

465 railroads ........

2 contacts ........................

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

.03

2.32

621 railroads ........

7,440 contacts .................

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

124.00

9,602.56

621 railroads ........

7,440 contacts .................

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

124.00

9,602.56

621 railroads ........

2,560 contacts .................

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

42.67

3,067.55

621 railroads ........

2,560 contacts .................

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

42.67

3,304.36

Respondent
universe

Section 2

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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices

—(d)(2) General rule on response to report of a
disabled vehicle or other obstruction blocking
a railroad track at a highway-rail or pathway
grade crossing—Dispatching RR contact of
maintaining RR regarding report of disabled
vehicle/other obstruction and maintaining RR
prompt investigation of the report, determination of the nature of the obstruction, and taking necessary action to have reported obstruction removed.
—(e) Special rule on contacting a train that is
not required to have communication equipment.

Average time per
response

Total annual
burden hours

Total cost
equivalent
wage 3

(A)

(B)

(C) = A * B

(D) = C *

621 railroads ........

2,560 contacts .................

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

42.67

3,304.36

621 railroads ........

2 contacts ........................

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

.03

2.32

—(f) General rule on response to report of an
obstruction of view at a highway-rail or pathway grade crossing.

The estimated paperwork burden for this requirement is covered under § 234.305(a), (b), (c), and (d). Consequently, there is no additional burden associated with this requirement.

—(g) General rule on response to report of
other unsafe condition at a highway-rail or
pathway grade crossing.

The estimated paperwork burden for this requirement is covered under § 234.305(a), (b), (c), and (d). Consequently, there is no additional burden associated with this requirement.

—(h)(1) General rule on a maintaining railroad’s
responsibilities for receiving reports of unsafe
conditions at highway-rail and pathway grade
crossings—In general—Provision of contact
information by maintaining RR to dispatching
RR for reports of unsafe conditions at highway rail and pathway grade crossings.
—(h)(2) General rule on a maintaining railroad’s
responsibilities for receiving reports of unsafe
conditions at highway-rail and pathway grade
crossings—Exceptions for use of a third-party
telephone service and answering machine by
a maintaining railroad.
234.306(a)—Multiple dispatching or maintaining
railroads with respect to the same highwayrail or pathway grade crossing; appointment
of responsible railroad—Duty of multiple dispatching railroads to appoint a primary dispatching railroad for the crossing.
—(b) Duty of multiple maintaining railroads to
appoint a railroad responsible for the placement and maintenance of the Emergency Notification Systems (ENS) sign(s).

621 railroads ........

12 contacts ......................

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

.20

14.38

The estimated paperwork burden for this requirement is covered under § 234.307. Consequently, there is no
additional burden associated with this requirement.

465 railroads ........

50 appointment discussions.

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

50.00

3,872.00

465 railroads ........

50 appointment discussions.

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

50.00

3,872.00

—(c) Duty of multiple maintaining railroads with
respect to remedial action at the crossing.

The estimated paperwork burden for this requirement is covered under § 234.305(a)(2), (b)(2), (c)(2), and
(d)(2). Consequently, there is no additional burden associated with this requirement.

234.307(a)—Use of third-party telephone service by dispatching and maintaining railroads—General use of a third-party telephone
service by a dispatching railroad.

The burden for information (tel. no., etc.) placed on the sign pursuant to § 234.309 is included under § 234.309
below. Consequently, there is no additional burden associated with this requirement.

—(b) General use of a third-party telephone
service by a maintaining railroad.

jspears on DSK121TN23PROD with NOTICES1

Total annual responses

Respondent
universe

Section 2

The estimated paperwork burden for this requirement has been fulfilled. Consequently, there is no additional
burden associated with this requirement.

—(c) Duties of third-party telephone service in
contacting dispatching and maintaining railroads.

The estimated paperwork burden for this requirement is covered under § 234.303 or § 234.305. Consequently,
there is no additional burden associated with this requirement.

—(d)(1) Duties of railroad using third-party telephone service—Providing third-party telephone service with contact information.
—(d)(2) Duties of railroad using third-party telephone service—Written notice to FRA of intent to use third-party service.
—(d)(3) Duties of railroad using third-party telephone service—Informing FRA of any
changes in use or discontinuance of thirdparty service.

621 railroads ........

2 contact calls ..................

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

.50

38.72

621 railroads ........

2 letters ............................

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

2.00

154.88

621 railroads ........

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

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

1.00

77.44

—(e) Third-party telephone service and railroad
responsibilities.

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The estimated paperwork burden for recordkeeping is covered under §§ 234.313 and 234.315. Consequently,
there is no additional burden associated with this requirement.

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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices

234.309(a)—ENS Signs in general—Provision of information—Dispatching railroad for a highway-rail
or pathway grade crossing to provide the maintaining railroad the telephone number that is to be
displayed on the ENS sign at the crossing, not
later than 180 calendar days before the date that
implementation of an ENS is required.
234.311(c)—ENS sign placement and maintenance—Repair or replacement of ENS sign after
discovery by responsible railroad of missing, damaged, or otherwise unusable/illegible sign to vehicular/pedestrian traffic.
234.313(a)–(d)—Recordkeeping ................................
234.315—Electronic recordkeeping ...........................
Total .............................................................

Total Estimated Annual Responses:
163,996.
Total Estimated Annual Burden:
13,649 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $985,062.
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.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022–09141 Filed 4–27–22; 8:45 am]
BILLING CODE 4910–06–P

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

jspears on DSK121TN23PROD with NOTICES1

AGENCY:

2 The current inventory exhibits a total burden of
15,317 hours while the total burden in this notice
is 13,649 hours. As part of its review of this ICR
renewal, FRA determined some of the previous
estimates were initial estimates, outdated, or
duplicative.
3 For public respondents, 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. Additionally,
for railroad respondents, the dollar equivalent cost
is derived from the Surface Transportation Board’s
2020 Full Year Wage A&B data series for railroad
workers a 75-percent overhead charge.

VerDate Sep<11>2014

18:26 Apr 27, 2022

Total annual responses

Average time per
response

Total annual
burden hours

Total cost
equivalent
wage 3

(A)

(B)

(C) = A * B

(D) = C *

621 railroads ........

12 contacts ......................

10 minutes .......................

2.00

154.88

621 railroads ........

4,000 replacement of
missing or damaged
signs.

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

1,000.00

59,680.00

621 railroads ........

65,860 records of calls ....

10 minutes .......................

10,976.67

850,033.32

Respondent
universe

Section 2

Jkt 256001

The estimated paperwork burden for this requirement is covered under § 234.313. Consequently, there is no
additional burden associated with this requirement.
621 railroads ........

163,996 responses ..........

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

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA will
seek approval of the Information
Collection Request (ICR) abstracted
below. Before submitting this ICR to the
Office of Management and Budget
(OMB) for approval, FRA is soliciting
public comment on specific aspects of
the activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before June 27,
2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. 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: Ms.
Hodan Wells, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(202) 493–0440, or Ms. Stephanie
Anderson, Attorney Adviser, at email:
[email protected] or
telephone: (202) 493–0445.
SUPPLEMENTARY INFORMATION: 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 1320.8–1320.12.
Specifically, FRA invites interested
SUMMARY:

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13,649

985,062

parties to comment on the following ICR
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 statutes and regulations
mandate. In summary, FRA reasons that
comments received will advance three
objectives: (1) Reduce reporting
burdens; (2) organize information
collection requirements in a ‘‘userfriendly’’ 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.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Positive Train Control (PTC)
and Other Signal Systems.
OMB Control Number: 2130–0553.
Abstract: On November 15, 2021,
President Joseph R. Biden signed into
law the Infrastructure Investment and

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