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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket No. FRA-2009-0001-N-21]

# AGENCY:

Federal Railroad Administration, DOT.

# ACTION:

Notice and request for comments.

# SUMMARY:

                        In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501*et seq.*), this notice announces that the Information Collection Requirement (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The                         **Federal Register**                         notice with a 60-day comment period soliciting comments on the following collection of information was published on June 26, 2009 (74 FR 30662).                    

# DATES:

Comments must be submitted on or before October 23, 2009.

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., 3rd Floor, Mail Stop 25, 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., 3rd Floor, Mail Stop 35, 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 104-13, Section 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 issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On June 26, 2009, FRA published a 60-day notice in the                     **Federal Register**                     soliciting comment on this ICR that the agency was seeking OMB approval. 74 FR 30662. FRA received no comments in response to this notice.                

                    Before OMB decides whether to approve these proposed collections of information, it must provide 30-days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d);                     *see also*60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c);                     *see also*60 FR 44983, Aug. 29, 1995.                

The summary below describes the nature of the information collection requirement (ICR) and the expected burden for the ICR being submitted for clearance by OMB as required by the PRA.

*Title:*                     Notice of Funding Availability and Solicitation of Applications for Grants under the Railroad Rehabilitation and Repair Grant Program.                

*OMB Control Number:*                     2130-0580.                

*Type of Request:*                     Regular Approval of a Previously Approved Collection of Information under Emergency Clearance Procedures.                

*Affected Public:*                     39 States/Local Governments.                

*Abstract:*                     On September 30, 2008, President Bush signed Public Law 110-329, The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. As part of this Act, Congress provided $20 million in disaster relief funds to FRA to award to States in one or more grants for eligible projects related to repair and rehabilitation of Class II and Class III railroad infrastructure damaged by hurricanes, floods, and other natural disasters in counties for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974. Approximately $5 million of these funds remain available for rehabilitation and repairs of railroad right-of-way, bridges, signals, and other infrastructure which are part of the general railroad system of transportation and primarily used by railroads to move freight traffic. The Secretary may retain up to one-half of one (1) percent of these funds for the oversight of the design and implementation of projects funded by grants under this Program. Funds provided under this grant program may constitute no more than 80 percent of the total cost of a selected project, with the remaining cost funded from other sources. The funding provided under these grants will be made available to                           ( print page 48624)                        grantees on a reimbursement basis. FRA anticipates awarding grants to multiple eligible participants. FRA may choose to award a grant or grants within the available funds in any amount. Funding made available through grants provided under this program, together with funding from other sources that is committed by a grantee as part of a grant agreement, must be sufficient to complete the funded project and achieve the anticipated rehabilitation and repairs to Class II and Class IIII railroads. FRA will be publishing a second Notice of Funding Availability shortly and will begin accepting grant applications 10 days after publication of this second Notice of Funding Availability in the                     **Federal Register**                    . Please see this Notice for further information.                

*Form Number(s):*                     SF-424.                

*Annual Estimated Burden Hours:*                     4,875 hours.                

*Addressee:*                     Send comments regarding this information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503,                     *Attention:*                     FRA Desk Officer. Comments may also be sent via e-mail to OMB at the following address:                     *oira_submissions@omb.eop.gov.*

*Comments are invited on the following:*                     Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.                

                    A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the                     **Federal Register**                    .                

Authority:44 U.S.C. 3501-3520.

Issued in Washington, DC, on September 16, 2009.

Donna Alwine,

Acting Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. E9-22940 Filed 9-22-09; 8:45 am]

BILLING CODE 4910-06-P