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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket No. FRA-2009-0001-N-25]

# 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 August 10, 2009 (74 FR 39993).                    

# DATES:

Comments must be submitted on or before November 19, 2009.

# 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, Washington, DC 20590 (telephone: (202) 493-6470). (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 August 10, 2009, FRA published a 60-day notice in the                     **Federal Register**                     soliciting comment on the ICR that the agency was seeking OMB approval. 74 FR 39993. FRA received no comments in response to this notice.                

                    Before OMB decides whether to re-approve this proposed collection 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. The ICR is being submitted for clearance by OMB as required by the PRA.

*Title:*                     Use of Locomotive Horns at Highway-Rail Grade Crossings.                

*OMB Control Number:*                     2130-0560.                

*Type of Request:*                     Extension of a currently approved collection.                

*Affected Public:*                     Public authorities/railroads.                

*Form(s):*                     N/A.                

*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 trains  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.                

*Annual Estimated Burden Hours:*                     5,575.                

# ADDRESSES:

                        Send comments regarding these information collections 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 collections of information are necessary for the proper performance of the functions of FRA, including whether the information will have practical utility; the accuracy of FRA's estimates of the burden of the proposed information                               ( print page 53793)                            collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections 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 October 14, 2009.

Donna Alwine,

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

[FR Doc. E9-25078 Filed 10-19-09; 8:45 am]

BILLING CODE 4910-06-P