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 Department of Transportation Federal Railroad Administration [Docket No. FRA-2009-0001-19]
 AGENCY: Federal Railroad Administration, DOT.
 ACTION: Notice.
 SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
 DATES: Comments must be received no later than October 9, 2009.
 ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590, or Ms. Nakia Jackson, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, “Comments on OMB control number 2130-0560.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via e-mail to Mr. Brogan at 
                        *robert.brogan@dot.gov,*
                         or to Ms. Jackson at 
                        *nakia.jackson@dot.gov.*
                         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: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Nakia Jackson, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, 
                        ( print page 39994)
                        Washington, DC 20590 (
                        *telephone:*
                         (202) 493-6073). (These telephone numbers are not toll-free.)


SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13, § 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (
                    *e.g.,*
                     permitting electronic submission of responses). 
                    *See*44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a “user friendly” format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. 
                    *See*44 U.S.C. 3501. Below is a brief summary of currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA: *Title:*
                     Use of Locomotive Horns at Highway-Rail Grade Crossings *OMB Control Number:*
                     2130-0560 *Abstract:*
                     The collection of information is used by FRA to increase safety at highway-rail grade crossings nationwide by requiring that locomotive horns be sounded when train approach and pass through these crossings, or by ensuring that a safety level at least equivalent to that provided by blowing horns exists for rail corridors in which horns are silenced. Communities that qualify for this exception may create “quiet zones” within which locomotive horns would not be routinely sounded. FRA reviews applications by public authorities intending to establish new or, in some cases, continue pre-rule quiet zones to ensure that the necessary level of safety is achieved. *Form Number(s):*
                     N/A. *Affected Public:*
                     Public Authorities/Railroads. *Respondent Universe:*
                     340 Public Authorities. *Frequency of Submission:*
                     On occasion. *Reporting Burden:* CFR section
Respondent universe
Total annual responses
Average time per 
                             response
Total annual burden hours222.11—Penalties—Falsified Records/Reports
727 Railroads/340 Public Authorities
5 records/reports
2 hours
10222.15—Waiver Petitions
727 Railroads/340 Public Authorities
5 petitions
4 hours
20222.17—Applications to Become a Recognized State Agency
68 State Agencies
7 applications
8 hours
56222.39—Establishment of Quiet Zone—Public Authority Application to FRA
                             —Application Diagnostic Team Reviews 
                             —Completed Grade Crossing Inventory Forms 
                             —Copies of Public Authority Quiet Zone Applications 
                             —Comments on Public Authority Quiet Zone Applications
340 Public Authorities
                             340 Public Authorities 
                             340 Public Authorities 
                             340 Public Authorities 
                             715 Railroads/State Agencies
105 applications
                             53 diagnostic team reviews 
                             302 updated forms 
                             630 copies 
                             50 comments
80 hours
                             32 hours 
                             1 hour 
                             10 minutes 
                             2.5 hours
8,400 
                             1,696  
                             302  
                             105  
                             125222.41—Notice of Quiet Zone Establishment and Notification to Parties
                             —Certification by Public Authority CEO 
                             —Required Grade Crossing Inventory Forms 
                             —Notice of Quiet Zone Continuation and Notification to Parties 
                             —Certification by Public Authority CEO 
                             —Required Grade Crossing Inventory Forms 
                             —Filing of Detailed Plans by Public Authority 
                             —Statewide Implementation Plan to Continue Horn Ban—Notice of Intent to Create New Quiet Zone 
                             —Comments on Public Authorities Notice of Intent
247 Communities/PAs
                             262 Communities 
                             200 Communities 
                             200 Communities 
                             200 Communities 
                             200 Communities 
                             200 Communities/PAs 
                             25 State Agencies 
                             200 Public Authorities 
                             200 RRs/State Agencies
247 notices + 1,482 notification
                             262 certifications 
                             2,364 forms 
                             200 notices + 1,200 notification 
                             200 certifications 
                             416 forms 
                             100 plans 
                             3 impl. Plans 
                             100 notices + 600 notifications 
                             70 comments
40 hours + 10 min.
                             5 minutes 
                             60 minutes 
                             40 hours + 10 min. 
                             5 minutes 
                             1 hour 
                             40 hours 
                             120 hours 
                             20 hours + 10 minutes 
                             4 hours
10,127
                             22  
                             2,364  
                             8,200  
                             17  
                             416  
                             4,000  
                             360  
                             2,100  
                             280( print page 39995)222.42—Intermediate Quiet Zones/Partial Quiet Zones
                             —Notice of Quiet Zone Continuation 
                             —Required Grade Crossing Inventory Forms 
                             —Certification by Public Authority CEO 
                             —Notice of Intent to Establish New/Partial Quiet Zone 
                             —Comments on Public Authorities Notice of Intent 
                             —Conversion of Intermediate Partial Quiet Zone into 24-hour Quiet Zone—Notices + Notifications 
                             —Public Comments on Notice of Intent
10 Communities/PAs
                             10 Communities/PAs  
                             10 Communities/PAs 
                             10 Communities/PAs 
                             20 RRs/State Agencies 
                             10 Public Authorities 
                             20 RRs/State Agencies
10 notices + 60 notifications
                             100 forms 
                             10 certifications  
                             5 notices + 30 notifications 
                             5 comments 
                             5 notices + 30 notifications 
                             5 comments
40 hours + 10 min.
                             1 hour 
                             5 minutes 
                             40 hours + 10 min. 
                             4 hours 
                             40 hours + 10 min. 
                             4 hours
410 
                             100  
                             1  
                             205  
                             20  
                             205  
                             20222.43—Notices and Other Required Information to Create or Continue a Quiet Zone
                             —Notice of Intent to Create New/Partial Quiet Zone or Implement New Supplementary Safety Measures or Auxiliary Safety Measures w/in Pre-Rule Quiet Zone 
                             —Required Grade Crossing Inventory Forms 
                             —Comments on Public Authorities Notice of Intent 
                             —Notice of Quiet Zone Establishment 
                             —Required Grade Crossing Inventory Forms 
                             —Certification by Public Authority CEO
216 Communities/PAs
                             216 Communities 
                             715 RRs/State Agencies 
                             316 Public Authorities 
                             316 Public Authorities 
                             216 Public Authorities
216 notices + 648 notifications
                             376 updated forms 
                             108 comments 
                             72 notices + 432 notifications 
                             950 updated forms 
                             216 certifications
40 hours + 10 min.
                             1 hour 
                             4 hours 
                             40 hours + 10 min. 
                             1 hour 
                             5 minutes
8,748 
                             376  
                             432  
                             2,952  
                             950  
                             18222.47—Periodic Updates
                             —Written Affirmations That All Supplementary Safety Measures (SSMs)/Auxiliary Safety Measures (ASMs) Meet Requirements 
                             —Required Grade Crossing Inventory Forms
200 Public Authorities
                             200 Public Authorities
100 affirmations + 600 copies
                             500 updated forms
30 min. + 2 min.
                             60 minutes
70 
                             500222.51—Review of Quiet Zone Status
                             —Written Commitment to Lower Risk Where Quiet Zone Risk Index Exceeds Nationwide Significant Risk Threshold 
                             —Review at FRA's Initiative—Opportunity to Comment
9 Public Authorities
                             3 Public Authorities
2 commitments
                             20 comments
5 hours
                             30 minutes
10 
                             10222.55—New Supplementary Safety Measures or Alternative Safety Measures—Administrator Approval
                             —Opportunity for Public Comment 
                             —Request for Approval After Completed Demonstration
265 Interested Parties
                             265 Interested Parties 
                             265 Interested Parties
1 approval letter
                             5 comments 
                             1 approval letter
30 minutes
                             30 minutes 
                             30 minutes
1 
                             3  
                             1222.57—Review of the Associate Administrator's Actions—Petition for Review of Decision
                             —Petition for Reconsideration of Denial of QZ Application 
                             —Follow-up Documents to Associate Administrator 
                             —Requests for Informal Hearing
265 Interested Parties
                             200 Public Authorities 
                             200 Public Authorities 
                             200 Public Authorities
1 petition + 5 copies
                             1 petition + 6 copies 
                             1 document 
                             1 letter
60 min. + 2 min.
                             5 hrs. + 2 min. 
                             2 hours 
                             30 minutes
1 
                             5  
                             2  
                             1222.59—Use of Wayside Horns
                             —Installation w/in QZ and Written Notice to Railroads 
                             —Installation at Grade Crossing Outside Quiet Zone
200 Public Authorities
                             200 Public Authorities
10 notices + 60 copies
                             10 notices + 60 notice copies
2.5 hours + 10 minutes
                             2.5 hours + 10 minutes
35 
                             35Appendix B to Part 222—Alternative Safety Measures
                             —Non-Engineering ASMs—Programmed Enforcement—Monitoring and Sampling Records 
                             —Photo Enforcement—Monitoring & Sampling Records
200 Public Authorities
                             200 Public Authorities
10 records
                             10 records
500 hours
                             9 hours
5,000 
                             90229.129—Locomotive Horn—Testing Requirements —Written Reports/Records of Testing
                             —Re-Testing of Locomotive Horns—Reports/Records
687 railroads
                             687 railroads
7,743 reports/records
                             650 report/records
60 minutes
                             60 minutes
7,743 
                             650
 
 
 *Total Responses:*
                     21,476. *Estimated Total Annual Burden:*
                     67,194 hours. *Status:*
                     Regular Review. Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), 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 unless it displays a currently valid OMB control number. Authority:
                    44 U.S.C. 3501-3520. Issued in Washington, DC on August 4, 2009. Martin Eble, Acting Director, Office of Financial Management, Federal Railroad Administration.


[FR Doc. E9-19060 Filed 8-7-09; 8:45 am] BILLING CODE 4910-06-P