The collection of information set forth under 49 CFR part 234, subpart E (§§ 234.303 and 234.311) is used by FRA to ensure that the Congressional mandate to require railroads 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. This collection of information is collected as needed and it involves both reporting and recordkeeping requirements.
This is an extension without change (with changes in estimates) to a current collection of information.
With this submission, FRA made multiple adjustments that increased the previously approved burden hours from 13,649 to 22,385 hours and increased the number of responses from 163,996 to 187,202. These adjustments are summarized below:
Under § 234.305, which contains requirements for railroadsâ response to credible reports of warning system malfunction at highway-rail grade crossings, FRA adjusted the burden estimates to reflect the number of responses and estimated average time because the number of closed crossings is no longer included.
Section 234.305(a)(2) contains requirements for railroads to contact law enforcement, which were not included in previous submissions of this ICR. Accordingly, FRA adjusted the burden estimates to include the number of hours and estimated average time required to report a warning, which increased the burden by 35 hours.
Under § 234.305(b) through (d), FRA made multiple burden adjustments to reflect the estimated annual responses more accurately from 607 railroads with open grade crossings. Specifically, a previous year analysis of the highway-rail grade crossing data indicated that approximately 90 percent of the 607 railroads responsible for ENS do not have maintenance responsibility. In addition, based on a previous extrapolation of a study/pilot program, FRA estimated an average of approximately 64,000 calls annually to the ENS concerning highway-rail grade crossings, and an average of 2,000 calls annually to the ENS concerning pathway crossings. Accordingly, FRA adjusted the paperwork requirements for remedial actions in response to reports of unsafe conditions at highway-rail and pathway grade crossings.
Under § 234.306, which establishes procedures for multiple dispatching or maintaining railroads with respect to the same highway-rail or pathway grade crossing and appointment of the responsible railroad, FRA made burden estimate adjustments to accurately reflect that appointment discussions have no timeline or end date. Consequently, these appointment discussions would only need to take place when a new appointment is made, or an appointment is changed.
Lastly, under § 234.311, which contains requirements for ENS sign placement and maintenance, FRA determined that the previous submission underestimated the annual responses for this paperwork requirement. Accordingly, FRA adjusted the burden estimates to accurately reflect the number of hours and estimated average time required for railroads to replace and repair ENS signs. FRA determined that there are approximately 200,000 highway-rail grade crossings, with two signs at each crossing, for an estimated total of 400,000 ENS signs. FRA estimates that approximately 10 percent of these signs (40,000) are being replaced annually, causing the burden estimate for this regulatory requirement to increase by 9,000 hours.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
November 26, 2025 FR Notice (30-Day).pdf
2130-0591_Telephonic Notification of Unsafe Conditions SJ (ROCIS).docx
49 CFR 234 (234.303-234.315).doc
Systems for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings