2130-0560_Locomotive Horns at Grade Crossing SJ (ROCIS)

FEDERAL RAILROAD ADMINISTRATION

Use of Locomotive Horns at Highway-Rail Grade Crossings

(Title 49 Code of Federal Regulations (CFR) Part 222)

SUPPORTING JUSTIFICATION

OMB Control No. 2130-0560

Summary of Submission

• This submission is a revision of the last three-year approval granted by the Office of Management and Budget (OMB) on November 9, 2022, with an expiration date of November 30, 2025.

• The Federal Railroad Administration (hereafter “FRA” or “the Agency”) published the required 60-day Notice in the Federal Register on August 8, 2025. See 90 FR 38586. FRA received no comments in response to this Notice.

• Overall, the adjusted estimates decreased the total annual burden by 21 hours and responses by 84.

• The answer to question number 12 itemizes all information collection requirements.

1. Circumstances that make collection of the information necessary.

On November 2, 1994, Congress passed Public Law 103-440 (“Act”), which added section 20153 to title 49 of the United States Code (U.S.C.). Subsections (i) and (j) were added on October 9, 1996, when section 20153 was amended by Public Law 104-264. Section 20153 required that the Secretary of Transportation prescribe regulations requiring that locomotive horns be sounded by trains approaching and entering public highway-rail grade crossings. FRA also was granted the authority to make reasonable exceptions to this requirement. The regulatory requirements pertaining to the use of locomotive horns at public highway-rail grade crossings are codified in title 49 of the Code of Federal Regulations (CFR) part 222.

Title 49 CFR § 222.33 provides that a railroad operating over a public highway-rail grade crossing may, at its discretion, choose not to sound the locomotive horn if the locomotive speed is 15 miles per hour (mph) or less and the train crew or appropriately equipped flaggers provide warnings to motorists. FRA has determined that these limited types of rail operations do not present a significant risk of loss of life or serious personal injury.

As governed by §§ 222.35 through 222.59, locomotive horn sounding is also not required within quiet zones that are equipped with supplementary safety measures (SSMs) at each public highway-rail grade crossing. In addition, locomotive horn sounding is not required within quiet zones that have a Quiet Zone Risk Index at or below the Nationwide Significant Risk Threshold or the Risk Index with Horns. These highway-rail grade crossing corridors have been deemed, by the Administrator, to constitute categories of highway-rail grade crossings that do not present a significant risk with respect to loss of life or serious personal injury or that fully compensate for the absence of the warning provided by the locomotive horn. Therefore, communities with highway-rail grade crossing corridors that meet either of these standards may silence routine sounding of the locomotive horn at grade crossings within the crossing corridor by establishing a quiet zone if all other applicable quiet zone requirements have been met. (See § 222.39.)

The collection of information under 49 CFR part 222 is mission critical and allows FRA to promote and enhance rail safety throughout the United States.

2. How, by whom, and for what purpose the information is to be used.

FRA collects information from railroads and public authorities in order to increase safety at highway-rail grade crossings nationwide. FRA reviews applications by public authorities intending to establish new quiet zones by implementing alternative safety measures and approves the effectiveness rate assigned to them. The following is a section-by-section overview that pertains to information collection activities.

• Under § 222.15, a railroad or public authority may seek a waiver of a regulatory requirement in 49 CFR part 222 by submitting a waiver petition to FRA. FRA reviews these waiver petitions to determine whether they are in the public interest and consistent with the safety of highway and railroad users.

• Under § 222.17, FRA reviews applications from State agencies to become an FRA-recognized State agency and to determine whether the proposed scope of State agency involvement will facilitate safe and effective quiet zone development.

• Under § 222.39, FRA reviews applications by public authorities intending to establish new or, in some cases, continue quiet zones that contain one or more alternative safety measures (ASMs) to ensure that the necessary level of safety is achieved. Also, under § 222.39, FRA reviews comments from potentially affected parties (including railroads operating through grade crossings that will be included in the quiet zone and State agencies responsible for highway and road safety and grade crossing safety) concerning a public authority’s application.

• Under § 222.43, FRA reviews written notices, submitted electronically, to confirm that FRA and other potentially affected parties are notified by the public authority of upcoming quiet zones.

• Under § 222.47, FRA reviews written affirmations, submitted electronically, to help ensure that SSMs and alternative safety measures (ASMs) conform to the requirements of appendices A and B to 49 CFR part 222 or to the terms of the quiet zone approval. FRA also reviews updated grade crossing inventory forms to ensure that FRA has an up-to-date, accurate, and complete grade crossing inventory form for each public highway-rail grade crossing, private highway-rail grade crossing, and pedestrian crossing within the quiet zone.

• Under § 222.51, FRA reviews documentation provided by public authorities wishing to retain quiet zones that have elevated risk levels or quiet zones that are under FRA review. FRA reviews this documentation to verify that the public authority has made a written commitment to lower the potential risk to the traveling public at grade crossings within the quiet zone to a level at or below the Nationwide Significant Risk Threshold, or to a level fully compensating for the absence of the train horn.

• Under § 222.55, FRA reviews requests from public authorities for new SSMs or ASMs to determine whether they are effective substitutes for the locomotive horn in the prevention of collisions and casualties at public highway-rail grade crossings.

• Under § 222.57, a public authority or other interested party may petition the Administrator for review of any decision by the Associate Administrator granting or denying an application for approval of a new SSM or ASM under § 222.55.

• Under § 222.59, a public authority installing a wayside horn at a grade crossing within a quiet zone must provide written notice that a wayside horn is being installed to all railroads operating over the public highway-rail grade crossings within the quiet zone, the highway or traffic control authority or law enforcement authority having control over vehicular traffic at the crossings within the quiet zone, the landowner having control over any private crossings within the quiet zone, the State agency responsible for grade crossing safety, the State agency responsible for highway and road safety, and the Associate Administrator.

• Finally, under appendix B, FRA reviews required records pertaining to non-engineering ASMs, such as programmed enforcement, public education and awareness, and photo enforcement, to make sure that the public authority performs monitoring and sampling efforts at the grade crossing for a period of not less than five (5) years and that safety is not jeopardized or compromised.

3. Extent of automated information collection.

On July 1, 2025, FRA published a final rule, titled Administrative Updates to the Use of Locomotive Horns at Public Highway-Rail Grade Crossings Regulations that (in addition to other administrative updates) removed the certified mail notice requirements in §§ 222.39, 222.43, 222.47, and 222.51 and replaced them with requirements to electronically submit the notices to FRA’s Grade Crossing and Trespasser Outreach Division.¹ This final rule also amended these sections to remove the requirement that notifications required to be provided to other parties also be sent by certified mail, thereby allowing electronic service of these notifications as well.

The information that must be collected and supplied to FRA may take a variety of forms, depending on the safety measures proposed by the public authority. For example, a proposal to employ “photo enforcement” would include the use of advanced electronic automatic cameras to monitor driver compliance at crossings. Other possible safety measures, such as the temporary closing of a crossing, will require a written notification of the proposed safety measure and the evidence for its effectiveness (submitted electronically).

While the public authority is given maximum latitude in the methods used for the collection of the necessary information, and electronic and/or automatic methods are encouraged where appropriate, the actual notification of the alternative measures selected must be in writing, even when submitted electronically. As noted above, this is necessary because FRA is not the sole recipient of the information. All railroads operating over the affected grade crossings, the highway or traffic control authority or law enforcement authority, and the State agency responsible for highway and road safety must also be notified.

To assist respondents and to reduce the burden on them, FRA has made Form FRA F 6180.71, U.S. DOT Crossing Inventory Form, available in a PDF, web-based fillable format. This form is used to collect highway-grade crossing information from States and railroads.

4. Efforts to identify duplication.

The information collected is not duplicated anywhere. Similar data is not available from any other source.

5. Efforts to minimize the burden on small businesses.

FRA has certified that this regulation would not have a significant economic impact on a substantial number of small entities.

The costs of implementing this regulation are predominately on governmental jurisdictions, some of which are “small governmental jurisdictions.” As defined by the Small Business Administration, this term means governments of cities, counties, towns, townships, villages, school districts, or special districts with a population of less than fifty thousand. The most significant impacts of this regulation are on governmental jurisdictions whose communities currently have either formal or informal whistle bans in place. FRA estimates that approximately 70 percent of these governmental jurisdictions are considered small entities.

The information collection requirements contained in this regulation with respect to quiet zones are discretionary.

FRA expects that the majority of “communities” establishing quiet zones in this updated submission will be “large communities.” To the extent that small communities establish quiet zones, the number of grade crossings will also be small and, therefore, the amount of information to be collected will be very minimal.

Additionally, the regulation does not apply to (1) railroads exclusively operating freight trains only on track which is not part of the general system of transportation; (2) passenger railroads that operate only on track which is not part of the general system of transportation and that operate at a maximum of 15 mph over public grade crossings; and (3) rapid transit operations within an urban area that are not connected to the general system of transportation.

6. Impact of less frequent collection of information.

The sounding of train horns is a long-established method of providing safety at highway-rail grade crossings. FRA believes, and the data supports, that train horns provide an effective warning to motorists and may thereby reduce the number of collisions involving motorists and trains, the number of incidents involving trains and pedestrians at crossings, and corresponding casualties.

Without this collection of information, FRA would have no means of ensuring that quiet zones where train horns do not routinely sound will have a risk level that is no higher than the average risk level at gated crossings nationwide where locomotive horns are sounded regularly, or that the effectiveness of routine locomotive horn sounding is compensated for in quiet zones where trains do not sound regularly.

In sum, this collection of information both complies with the law and helps FRA to fulfill its mission, which is to promote and enhance rail safety throughout the United States.

7. Special circumstances.

Under appendix B to part 222, the public authority must retain records pertaining to monitoring and sampling efforts at the grade crossings for a period of not less than five (5) years for non-engineering ASMs. These records must be made available to FRA upon request, as provided by 49 U.S.C. 20107.

All other information collection requirements are in compliance with 5 CFR § 1320.5(d)(2).

8. Compliance with 5 CFR § 1320.8.

As required by the Paperwork Reduction Act of 1995 (PRA) and 5 CFR part 1320, FRA published a notice in the Federal Register on August 8, 2025,² soliciting comments from the public, railroads, and other interested parties on these information collection requirements. FRA received no comments in response to this notice.

Consultations with representatives of the affected population:

FRA maintains frequent contact with representatives from the rail industry to obtain their views and feedback on the information collection, as well as to solicit recommendations on how FRA can improve the collection of information to reduce the response burden.

Individuals from the railroad industry and public authorities are generally in direct contact with FRA and can provide any comments or concerns to FRA.

9. Payments or gifts to respondents.

There are no monetary payments or gifts made to respondents associated with the information collection requirements contained in this regulation.

10. Assurance of confidentiality.

The information collected is not of a confidential nature, and FRA pledges no confidentiality.

11. Justification for any questions of a sensitive nature.

There are no sensitive questions, and no sensitive information is requested.

12.       Estimate of burden hours for information collected.

The estimates for the respondent universe, annual responses, and average time per responses are based on the experience and expertise of FRA’s Office of Regional Operations and Outreach.

CFR Section	Respondent Universe	Total Annual Responses (A)	Average Time Per Response (B)	Total Annual Burden Hours (C) = A * B	Wage Rate (D)3	Total Cost equivalent (E) = C * D	PRA Analyses and Estimates
222.15 How does one obtain a waiver of a provision of this regulation?
—Petition for waiver	754 railroads 645 public authorities	2 petitions	4 hours	8	$89.13	$713.04	Two parties may jointly file a petition for a waiver. They are the railroad owning or controlling operations over the railroad tracks crossing the public highway-rail grade crossing and the public authority which has jurisdiction over the roadway crossing the railroad tracks. Each petition for waiver must be filed in accordance with 49 CFR part 211.
222.17 How can a State agency become a recognized State agency?
—Any State agency responsible for highway-rail grade crossing safety and/or highway and road safety may become a recognized State agency by submitting an application to the Associate Administrator	FRA anticipates zero submissions over the next three-year period.
222.39 How is a quiet zone established?
—(b)(1)-(2) Public authority application to FRA to establish a quiet zone	645 public authorities	15 applications	85.7 hours	1,285.50	$73.40	$94,355.70	A public authority may apply to the Associate Administrator for approval of a quiet zone that does not meet the standards for public authority designation under paragraph (a) of § 222.39, but in which it is proposed that one or more safety measures be implemented. Each application must include the requirements listed under 222.39(b)(1)-(2): Current Grade Crossing Inventory Form. Information on present safety measures at each grade crossing in the proposed Quiet Zone. Diagnostic team review information. Efforts taken to address comments on the Notice of Intent. Detailed information on proposed safety improvements to be implemented. Commitment to implement proposed safety improvements. Data analysis to demonstrate how the proposed safety improvements will reduce the Quiet Zone Risk Index Five-year projected vehicle and rail traffic counts for newly established crossings.
—(b)(3) —(i) Application copies —(ii) Comments to FRA on public authority application (Revised requirement. FRA amended § 222.39(b)(3)to require electronic submittal of the application to FRA (replacing the previous certified mail requirement), and to remove the certified mail requirement for service of the application to other interested parties (thereby allowing electronic service to all parties).	645 public authorities	90 copies	2 minutes	3	$73.40	$220.20	Copies of public authority application for FRA approval of the proposed quiet zone shall be provided to all parties listed under § 222.39(b)(3)(i). A copy of the public authority application shall also be submitted electronically to the Grade Crossing and Trespasser Outreach Division of FRA’s Office of Railroad Safety. Any party that receives a copy of the public authority application may submit comments on the public authority application to the Grade Crossing and Trespasser Outreach Division of FRA’s Office of Railroad Safety during the 60-day period after the date on which the public authority application was mailed.
	754 railroads	30 comments	1.5 hours	45	$89.13	$4,010.85
—(iii) Written statements of waived rights to comment on public authority application	FRA anticipates receiving zero submissions over the next three-year period.
222.43 What notices and other information are required to create or continue a quiet zone?
—Written notice of public authority’s intent to create new quiet zone — notification to required parties (Revised requirement. FRA amended § 222.43 to require electronic submittal of the application to FRA (replacing the previous certified mail requirement), and to remove the certified mail requirement for service of the application to other interested parties (thereby allowing electronic service to all parties.)	Public authorities, railroads, and state agencies	60 notices	40 hours	2,400	$73.40	$176,160.00	The public authority shall provide written notice of its intent to create a New Quiet Zone or New Partial Quiet Zone under § 222.39 or to implement new SSMs or ASMs within a Pre-Rule Quiet Zone or Pre-Rule Partial Quiet Zone under § 222.41(c) or (d). Such notification shall be provided to: All railroads operating over the public highway-rail grade crossings within the quiet zone; the State agency responsible for highway and road safety; and the State agency responsible for grade crossing safety. FRA estimates that each written notice of intent will take 40 hours to complete. It is estimated that each public authority will send an average of 3 notifications to the required parties (60 x 3 = 180).
		180 notifications	2 mins	6	$73.40	$440.40
—(b)(3) Notice of Intent –60-day comment period	754 railroads and state agencies	120 comments	1.5 hours	180	$89.13	$16,043.40	A party that receives a copy of the public authority’s Notice of Intent may submit information or comments about the proposed quiet zone to the public authority during the 60-day period after the date on which the Notice of Intent was mailed.
—(d) Notice of Quiet Zone Establishment —Notification to required parties	645 public authorities	60 notices	40 hours	2,400	$73.40	$176,160.00	The notice of quiet zone establishment must state with specificity the grade crossings within the quiet zone, identified by both U.S. DOT National Highway-Rail Grade Crossing Inventory Number and street or highway name, as well as the other information stipulated in paragraph (d) of § 222.43. FRA estimates that each written notice of establishment will take approximately 40 hours to compose, and each notification will take approximately 2 minutes to provide. It is estimated that each public authority will approximately 6 notifications to the required parties (60 x 6 = 360).
		360 notifications	2 minutes	12	$73.40	$880.80
—(d)(2)(v) - (vi) Required contents—Crossing Inventory Forms (includes requirements under § 222.49(a))	645 public authorities	300 updated forms	30 minutes	150	$73.40	$11,010.00	An accurate and complete Grade Crossing Inventory Form for each public, private, and pedestrian grade crossing within the quiet zone that reflects: 1) the conditions existing at the crossing before any new SSMs or ASMs were implemented and 2) SSMs and ASMs in place upon establishment of the quiet zone. SSMs and ASMs that cannot be fully described on the Inventory Form shall be separately described.
—(d)(2)(xi) Certification by chief executive officer that the information submitted by the public authority is accurate	645 public authorities	60 certifications	5 minutes	5	$73.40	$367.00	The chief executive officer of each public authority participating in the establishment of the quiet zone provides a signed statement certifying that the information submitted by the public authority is accurate and complete to the best of his/her knowledge and belief.
222.45 When is a railroad required to cease routine sounding of locomotive horns at crossings?
— On the date specified in a Notice of Quiet Zone Continuation or Notice of Quiet Zone Establishment that complies with the requirements set forth in § 222.43, a railroad shall refrain from, or cease, routine sounding of the locomotive horn at all public, private and pedestrian grade crossings identified in the Notice.	The estimated paperwork burden for this requirement is covered under § 222.43(d)(1)(i).
222.47 What periodic updates are required?
—(a)(1) and (b)(1) Written affirmation that SSMs and ASMs continue to conform —Copies of such notification must be provided to the required parties (Revised requirement. FRA amended § 222.47(a)(1) and (b)(1) to remove the certified mail requirements and allow for electronic service.)	645 public authorities	180 written affirmations	30 minutes	90	$73.40	$6,606.00	The public authority must affirm in writing to the Grade Crossing and Trespasser Outreach Division of FRA’s Office of Railroad Safety that all SSMs and ASMs implemented within the quiet zone continue to conform to the requirements of appendices A and B of part 222 or the terms of the Quiet Zone approval. Copies of such notification must be provided to the parties identified in § 222.43(a)(3)
		1,080 copies	2 minutes	36	$73.40	$2,642.40
—(a)(2) and (b)(2) Updated Crossing Inventory Forms (includes requirements under § 222.49(a)) (Revised requirement. FRA amended § 222.47(a)(2) and(b)(2) to require grade crossing inventory forms to be submitted electronically to FRA’s Grade Crossing and Trespasser Outreach Division.)	645 public authorities	900 updated forms	30 minutes	450	$73.40	$33,030.00	The public authority must provide to the Grade Crossing and Trespasser Outreach Division of FRA’s Office of Railroad Safety an up-to-date, accurate, and complete Grade Crossing Inventory Form for each public highway-rail grade crossing, private highway-rail grade crossing, and pedestrian grade crossing within the quiet zone.
222.49—Who may file Grade Crossing Inventory Forms?
—Who can file Grade Crossing Inventory Forms	The estimated paperwork burden for this requirement is included under §§ 222.39, 222.43 and 222.47.
222.51 Under what conditions will quiet zone status be terminated?
—(a)-(b) Written commitment to lower the potential risk to the traveling public at the crossings within the quiet zone	645 public authorities	15 written commitments	5 hours	75	$73.40	$5,505.00	Within six months after the date of receipt of notification from FRA that the Quiet Zone Risk Index exceeds the Nationwide Significant Risk Threshold, the public authority provides to the Associate Administrator a written commitment to lower the potential risk to the traveling public at the crossings within the quiet zone to a level at, or below, the Nationwide Significant Risk Threshold or the Risk Index With Horns.
—(d) Termination by the public authority—Written notice of termination (Revised requirement. FRA amended § 222.51(d)(2) to remove the certified mail requirements, to allow for electronic service.)	FRA estimates zero public authorities will elect to terminate a quiet zone that they only recently designated or established, and so there will be no need to provide any written notices of termination. Consequently, there is no estimated paperwork burden associated with this requirement.
—(e)(1) Notification of termination (Revised requirement. FRA amended § 222.51(e)(1) to remove the certified mail requirements, to allow for electronic service.)	645 public authorities	2 written notices	1.5 hours	3	$73.40	$220.20	If a quiet zone is terminated under the provisions of § 222.51, it shall be the responsibility of the public authority immediately to provide written notification of the termination to all required parties identified in §222.51(e)(1). A copy of the written notice of quiet zone termination shall also be submitted electronically to FRA’s Grade Crossing and Trespasser Outreach Division.
222.55 How are new supplementary or alternative safety measures approved?
—(b) Request for FRA approval to demonstrate proposed new SSMs or ASMs for quiet zones	Interested parties	1 letter	1 hour	1	$73.40	$73.40	Interested parties may apply for approval from the Associate Administrator to demonstrate proposed new SSMs or ASMs to determine whether they are effective substitutes for the locomotive horn in the prevention of collisions and casualties at public highway-rail grade crossings.
—(d) Application for SSM/ASM approval upon completion of demonstration of proposed new SSMs or ASMs	Interested parties	1 letter	40 hours	40	$73.40	$2,936.00	Upon completion of a demonstration of proposed new SSMs or ASMs, interested parties may apply to the Associate Administrator for approval.
—(g) A public authority or other interested party may appeal to the Administrator from a decision by the Associate Administrator granting or denying approval of a proposed new SSM or ASM	The estimated paperwork burden for this requirement is covered under § 222.57.
222.57 Can parties seek review of the Associate Administrator's actions?
—(a) Petition to FRA for review of any decision by the Associate Administrator granting or denying an application for approval of a new SSM or ASM under § 222.55 — Copies to the required parties	645 public authorities and interested parties	1 petition	2 hours	2	$73.40	$146.80	A public authority or other interested party may petition the Administrator for review of any decision by the Associate Administrator granting or denying an application for approval of a new SSM or ASM under § 222.55.
		6 copies	2 minutes	0.20	$73.40	$14.68
—(b) Request for FRA reconsideration of decision by the Associate Administrator denying an application for approval of quiet zone or requiring additional safety measures. This includes: copies of requests to required parties, additional documents, and letter of request for informal hearing	645 public authorities	1 petition	4.50	4.50	$73.40	$330.30	A public authority may request reconsideration of a decision by the Associate Administrator to deny an application by that authority for approval of a quiet zone, or to require additional safety measures, by filing a petition for reconsideration with the Associate Administrator. The petition shall be filed within 60 days of the date of the decision to be reconsidered and be served upon all parties listed in § 222.39(b)(3). Upon receipt of a timely and proper petition, the Associate Administrator will provide the petitioner an opportunity to submit additional materials and to request an informal hearing.
—(c) Request for FRA reconsideration of decision to terminate a quiet zone (including copies to required parties, additional documents, and request for informal hearing)	645 public authorities	1 petition	4.50 hours	4.50	$73.40	$330.30	A public authority may request reconsideration of a decision by the Associate Administrator to terminate quiet zone status by filing a petition for reconsideration with the Associate Administrator. The petition must be filed within 60 days of the date of the decision, specify the grounds for the requested relief, and be served upon all parties listed in § 222.51(c)(2). Upon receipt of a timely and proper petition, the Associate Administrator will provide the petitioner an opportunity to submit additional materials and to request an informal hearing.
—(d) Request for FRA reconsideration of approval of a quiet zone application (Including copies to required parties, additional documents, and request for informal hearing)	754 railroads	1 petition	4.50 hours	4.50	$73.40	$330.30	A railroad may request reconsideration of a decision by the Associate Administrator to approve an application for approval of a proposed quiet zone under § 222.39(b) by filing a petition for reconsideration with the Associate Administrator. The petition shall be filed within 60 days of the date of the decision to be reconsidered, and be served upon all parties listed in § 222.39(b)(3). Upon receipt of a timely and proper petition, the Associate Administrator will provide the petitioner an opportunity to submit additional materials and to request an informal hearing.
222.59 When may a wayside horn be used?
—(b) Written notice of wayside horn installation at grade crossing within a quiet zone —Copies of the written notices to the required parties	645 public authorities	5 notices	2.5 hours	12.50	$73.40	$917.50	A public authority installing a wayside horn at a grade crossing shall provide written notice that a wayside horn is being installed to all railroads operating over the public highway-rail grade crossings within the quiet zone, the highway or traffic control authority or law enforcement authority having control over vehicular traffic at the crossings within the quiet zone, the landowner having control over any private crossings within the quiet zone, the State agency responsible for grade crossing safety, the State agency responsible for highway and road safety, and the Associate Administrator.
		30 copies	2 minutes	1	$73.40	$88.08
—(c) Notice of wayside horn installation located outside a quiet zone —Copies to the required parties	645 public authorities	5 notices	2.5 hours	12.50	$73.40	$917.50
		30 copies	2 minutes	1	$73.40	$88.08
Appendix B to Part 222—Alternative Safety Measures
—Non-Engineering ASMs—Programmed Enforcement	FRA anticipates zero submissions. FRA has yet to receive any submissions under this provision.
Non-Engineering ASMs—Photo Enforcement	FRA anticipates zero submissions. FRA has yet to receive any submissions under this provision.
Total	754 railroads State agencies 645 public authorities and interested parties	3,536 responses	N/A	7,232 hours	N/A	$534,508.57

13. Estimate of total annual costs to respondents.

There are additional costs to respondents in addition to those in question number 12 above.

Recurring costs	Annual
Educational materials and signs	$5,000
Total	$5,000

14. Estimate of Cost to Federal Government.

FRA estimates that approximately two people at the GS-14, step 5 level, for the locality pay area of Washington-Baltimore-Arlington, DC-MD-VA-WV-PA, will be spending 100 percent of their time reviewing all the documentation associated with the requirements of part 222. This excludes time spent doing routine compliance and enforcement activities. Adding two annual salaries of $161,486 and then multiplying the resulting sum by 1.75 (to reflect additional overhead costs of 75% of annual salary costs) equals an annual Federal cost of $565,201.

15. Explanation of program changes and adjustments.

With this submission, FRA has made program changes and adjustments that decreased the currently approved burden hours from 7,253 to 7,232 hours and decreased the number of responses from 3,620 to 3,536. This decrease in burden, after a thorough review, is the result of the changes described in the sections summarized below:

As noted in question no. 3, FRA published a final rule on July 1, 2025, titled Administrative Updates to the Use of Locomotive Horns at Public Highway-Rail Grade Crossings Regulations.⁴ With this final rule, FRA has removed certified mail notification requirements and now allows electronic submittal of applications and notifications to other parties (and requires electronic service for submittals to FRA’s Grade Crossing and Trespasser Outreach Division). The estimated burdens for §§ 222.39, 222.43, 222.47, and 222.51 have been updated accordingly, decreasing burdens by 72 hours.

Under § 222.51(c), which describes the process for reviewing the status of any quiet zone, FRA determined that the burden previously reported for public comments should be excluded because the submission of public comments in response to a Federal Register notice falls outside the PRA’s definition of information under 5 CFR 1320.3(h)(4). Accordingly, FRA is removing the burden previously attributed to public comments from interested parties during FRA’s review of the status of any quiet zone.

Under § 222.55(b) and (d), which describe how interested parties may apply for approval from the Associate Administrator to demonstrate proposed new supplementary or alternative safety measures (SSMs/ASMs), FRA adjusted the burden estimates to reflect the number of hours and estimated average time required to compose the written request, increasing the burden by 40 hours. The increased burden hours reflect additional time needed, after the demonstration of proposed SSMs or ASMs, to gather all the necessary documentation and prepare the written application with the required information that must be included pursuant to § 222.55(d)(1) through (5).

Lastly, under § 222.57(c) (which establishes procedures for how parties can seek reconsideration of an Associate Administrator decision to terminate a quiet zone) and § 222.57(d) (which establishes procedures for railroads to request reconsideration of an Associate Administrator decision to approve an application for approval of a proposed quiet zone), FRA determined that the estimated burden hours were not included in the previously reported burden. Accordingly, FRA has corrected the oversight by adding 9 burden hours.

Overall, program changes and adjustments decreased the total burden hours for this submission by 21 hours.

16. Publication of results of data collection.

FRA does not plan to publish the information collected.

17. Approval for not displaying the expiration date for OMB approval.

FRA is not seeking approval to not display the expiration date.

18. Exception to certification statement.

No exceptions are taken at this time.

1 90 FR 28150 (July 1, 2025).

2 90 FR 38586.

3 The dollar equivalent cost is derived from the 2023 Surface Transportation Board Full Year Wage A&B data series using the employee group 200 (Professional & Administrative) hourly wage rate of $50.93, and group 600 (Transportation, Train & Engine) hourly wage rate of $41.94. The total burden wage rate (Straight time plus 75%) used in the table is $89.13 ($50.93 x 1.75 = $89.13), and $41.94 ($41.94 x 1.75 = $73.40).

4 90 FR 28150 (July 1, 2025).