System for Telephonic
Notification of Unsafe Conditions at Highway-Rail and Pathway Grade
Crossings
Extension without change of a currently approved collection
No
Regular
11/26/2025
Requested
Previously Approved
36 Months From Approved
11/30/2025
187,202
163,996
22,385
13,649
416,420
201,800
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 railroads’ 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.