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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket No. FRA-2023-0002-N-43]

# AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

# ACTION:

Notice of information collection; request for comment.

# SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On November 2, 2023, FRA published a notice providing a 60-day period for public comment on the ICR. FRA did not receive any substantive comment on this ICR.

# DATES:

Interested persons are invited to submit comments on or before February 23, 2024.

# ADDRESSES:

                        Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to                         *www.reginfo.gov/​public/​do/​PRAMain.*                         Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.                    

# FOR FURTHER INFORMATION CONTACT:

                        Ms. Arlette Mussington, Information Collection Clearance Officer, at email:                         *arlette.mussington@dot.gov*                         or telephone: (571) 609-1285 or Ms. Joanne Swafford, Information Collection Clearance Officer, at email:                         *joanne.swafford@dot.gov*                         or telephone: (757) 897-9908.                    

# SUPPLEMENTARY INFORMATION:

                    The PRA, 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.                     *See*44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On November 2, 2023, FRA published a 60-day notice in the                     **Federal Register**                     soliciting public comment on the ICR for which it is now seeking OMB approval.                     *See*88 FR 75367. FRA received one comment filed under this docket number. However, the comment does not refer to this ICR, or any activity involving FRA, and appears to have been filed under this docket number by mistake.                

                    Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. 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 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.                

Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) 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; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.

The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:

*Title:*                     Reflectorization of Rail Freight Rolling Stock.                

*OMB Control Number:*                     2130-0566.                

*Abstract:*                     FRA issued this regulation to mandate the reflectorization of freight rolling stock (properly installing retroreflective material on freight cars and locomotives) to enhance the visibility of trains to help reduce the number and severity of accidents at highway-rail grade crossings when                           ( print page 4653)                        visibility is low.[1]                                          FRA uses the information collected to verify that the person responsible for the car reporting mark is notified after the required visual inspection if the freight rail stock has less than 80 percent of the required retroreflective sheeting present, undamaged, or unobscured.                

Moreover, FRA uses the information collected to verify that the required locomotive records of retroreflective sheeting defects found during required locomotive inspections are kept in the locomotive cab or in an electronic database that FRA can access upon request. Finally, FRA uses the information collected to help confirm railroads/car owners meet the prescribed standards for the inspection and maintenance of the required retroreflective material.

*Type of Request:*                     Extension without change of a currently approved collection.                

*Affected Public:*                     Businesses (Railroads).                

*Form(s):*                     N/A.                

*Respondent Universe:*                     783 railroads and freight car owners.                

*Frequency of Submission:*                     On occasion/monthly.                

*Total Estimated Annual Responses:*                     36,001.                

*Total Estimated Annual Burden:*                     3,159 hours.                

*Total Estimated Annual Burden Hour Dollar Cost Equivalent:*                     $215,017.                

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 that does not display a currently valid OMB control number.

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

Christopher S. Van Nostrand,

Acting Deputy Chief Counsel.

# Footnotes

1.                                                     *See*70 FR 144, Jan. 3, 2005.                    
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[FR Doc. 2024-01320 Filed 1-23-24; 8:45 am]

BILLING CODE 4910-06-P