41166 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

over the age of 21, resulting in more 

drivers leaving the profession. 

Response: FMCSA is not in a position 

to answer the question about who will 

insure the apprentice drivers, but notes 

that any motor carrier wishing to 

participate in the SDAP Program will 

need to provide proof that their 

apprentice drivers are covered by a 

valid insurance policy, or that the motor 

carrier is a participant in FMCSA’s selfinsurance program. As to the comment 

regarding mistreatment of apprentice 

drivers, FMCSA notes that the 

requirements for RA programs under 

DOL regulations provide protection 

from the type of mistreatment the 

commenter discussed. This is one 

reason why FMCSA partnered with the 

DOL and is requiring that motor carriers 

participating in the SDAP Program also 

become Registered Apprenticeship 

participants. 

APCIA’s comment raised questions 

regarding the data FMCSA will collect 

and the data that FMCSA will use as 

comparison data. APCIA stated that 

FMCSA ‘‘must show that participating 

drivers are no more likely than the 

current population of interstate 

commercial truck drivers [to] have 

highway accidents.’’ APCIA also noted 

that the information collected should 

capture any additional training that 

individual motor carriers may add, on 

top of those required by the SDAP 

Program, and requested that the final 

public data set include detailed 

statistical information on the program’s 

safety results, to aid insurers in making 

decisions in the future. 

Response: While the APCIA has 

provided statistics on crash rates of 

younger drivers, one of the key 

components of this pilot program is to 

identify how a structured training and 

probationary period can enhance the 

safety of younger CMV operators, which 

can only be determined through 

conducting the pilot program. FMCSA 

agrees that it is important to collect 

information on any remedial or 

additional training that occurs and has 

included this information in the 

monthly data collection plan. FMCSA 

will publish all detailed statistics 

collected during the study provided no 

personally identifiable information is 

included. 

Finally, TSC, CRASH, and PATT 

noted their opposition to the SDAP 

Program, and urged that FMCSA 

immediately terminate it. In the 

alternative, the commenters requested 

that FMCSA add several requirements to 

the SDAP Program, including: extending 

requirements for the technology that is 

required to be installed in a CMV past 

the probationary periods to the entirety 

of the apprenticeship; requiring both 

front- and rear-facing cameras; and 

requiring all participating motor carriers 

to agree to a compliance review or DOT 

audit within 18 months of acceptance 

into the SDAP Program. Additionally, 

Samsara, Inc. also recommended 

requiring both forward facing and in-cab 

camera views. 

Response: FMCSA agrees with and 

accepts the requirement for both 

forward facing- and rear- (in-cab) facing 

cameras throughout the participation 

period of apprentices to be able to 

collect adequate safety data. Requiring 

additional technology, such as speed 

limiters or active braking mitigation 

devices past the probationary period 

could be prohibitive to smaller carriers 

wishing to participate, and therefore 

FMCSA has decided not to extend the 

technology requirements past what is in 

the IIJA. FMCSA will note that the 

adoption of these technologies is 

steadily increasing, and it is therefore 

likely that a large percentage of 

apprentices, if not all, will continue to 

utilize these technologies throughout 

their tenure in the program despite the 

lack of requirement. FMCSA will collect 

data on a monthly basis regarding which 

technologies are actively employed on 

the vehicles which apprentices are 

driving. FMCSA requiring a compliance 

review or DOT audit of up to 1,000 

carriers participating in the program 

would detract resources from carriers 

who have been flagged for a compliance 

review or DOT audit due to safetyrelated reasons. This requirement is not 

feasible for FMCSA to implement at this 

time. 

Title: Safe Driver Apprenticeship Pilot 

Program. 

OMB Control Number: 2126–0075. 

Type of Request: Renewal of an 

information collection previously 

approved under emergency authority. 

Respondents: Motor carriers; drivers. 

Estimated Number of Respondents: 

14,830 total (1,600 motor carriers and 

13,230 CMV drivers); 5,410 annually 

(1,000 carriers and 4,410 CMV drivers). 

Estimated Time per Response: 

Application (motor carrier, apprentice 

driver, and experienced driver): 20 

Minutes; safety benchmark 

certifications: 15 Minutes; monthly 

driving and safety data: 60 Minutes; 

miscellaneous data submission: 90 

Minutes. 

Expiration Date: July 31, 2022. 

Frequency of Response: Application 

(motor carrier, apprentice driver, and 

experienced driver): Once; safety 

benchmark certifications: Twice for 

each apprentice driver; monthly driving 

and safety data: Monthly; miscellaneous 

data submissions: Monthly. 

Estimated Total Annual Burden: 

169,344 hours total, or 56,448 hours 

annually (motor carriers: 164,934 hours 

total, or 54,978 hours annually, which 

includes a one-time application, two 

safety benchmark certifications for each 

participating apprentice, and monthly 

driving and safety data on all 

participating apprentices as well as 

miscellaneous data submissions; 

drivers: 13,797 hours total, or 4,599 

hours annually which includes a onetime application for experienced and 

apprentice drivers). 

Definitions: N/A. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

ICR. 

Issued under the authority of 49 CFR 1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2022–14626 Filed 7–8–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–11] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

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) 

abstracted below to the Office of 

Management and Budget (OMB) for 

review and comment. The ICR describes 

the information collection and its 

expected burden. On April 1, 2022, FRA 

published a notice providing a 60-day 

period for public comment on the ICR. 

DATES: Interested persons are invited to 

submit comments on or August 10, 

2022. 


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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 41167 

1Access to the web-based form used by the public 

is unrestricted. Access to the web-based form used 

by law enforcement personnel and first responders 

is restricted to law enforcement personnel with 

usernames and passwords managed by FRA. 

2The data collection is not designed to provide 

a representative sample or create generalizable 

statistics. Additionally, the data gathered from this 

collection is not suitable for use in budgetary 

requests or regulatory proposals. 

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 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

Hodan.Wells@dot.gov or telephone: 

(202) 868–9412. 

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 April 1, 2022, FRA 

published a 60-day notice in the Federal 

Register soliciting comment on the ICR 

for which it is now seeking OMB 

approval. See 87 FR 19176. FRA 

received one comment from the 

Association of American Railroads 

(AAR) related to the proposed collection 

of information. 

In its comment letter, AAR expressed 

its concerns about the reliability of the 

data collected by the blocked crossing 

portal, noting the potential for the 

public to submit reports of trains 

moving through highway-rail grade 

crossings in the ordinary course of 

operations rather than of avoidable, 

blocked crossing incidents. AAR also 

noted that there is no mechanism in 

place to guard against individuals 

submitting multiple reports of a single 

event, asserting that a small number of 

people could repeatedly submit a high 

volume of complaints regarding trains at 

specific locations. Finally, AAR asserted 

that FRA failed take into account the 

paperwork burden imposed when FRA 

requests further information from a 

railroad as part of its blocked crossing 

investigation. 

As referenced below, the 

Infrastructure Investment and Jobs Act, 

(Pub. L. 117–58), also known as the 

‘‘Bipartisan Infrastructure Law’’ (BIL) 

requires that FRA maintain an online 

portal and corresponding database to 

receive information from the public 

regarding blocked highway-rail grade 

crossings. Section 22404(i) of BIL 

requires FRA to submit a report to 

Congress that discusses, among other 

things, whether FRA’s blocked crossing 

portal continues to be an effective 

method to collect blocked crossing 

information, as well as changes that 

could be made to improve its 

effectiveness. On June 14, 2022, FRA 

published a request for information 

(RFI) in the Federal Register, soliciting 

comments on how FRA’s engagement 

with affected parties and changes to the 

portal and related operations can 

improve the effectiveness of the portal. 

See 87 FR 36036. FRA encourages AAR 

and other affected parties to submit its 

suggestions on how to improve the 

effectiveness of the portal to the RFI 

docket. 

FRA appreciates AAR’s comments 

about the quality of the blocked crossing 

portal’s collected data and seeks 

comments through the RFI on ways in 

which it can be improved. Before FRA 

follows up with a railroad on a reported 

blocked crossing, FRA reviews 

information available about the blocked 

crossing incident. If FRA determines 

that the blocked crossing arose because 

a train moved through a highway-rail 

grade crossing in the ordinary course of 

operations, FRA will not investigate the 

incident further. In addition, if FRA 

determines that the railroad had an 

operational justification for blocking the 

crossing, FRA will include this 

information in its records. 

Since the introduction of the blocked 

crossing portal in 2020, FRA has 

streamlined its procedures for 

following-up with railroads in response 

to blocked crossing reports. In response 

to AAR feedback that FRA’s inquiries 

were too onerous, FRA completes the 

majority of its follow-up requests after a 

brief phone call with the involved 

railroad or during stakeholder meetings. 

Additionally, FRA also recognizes that 

railroads may not collect the requested 

information and, in those 

circumstances, FRA considers the 

response of ‘‘not known’’ sufficient. 

Nonetheless, FRA agrees with AAR that 

it should adjust its estimated paperwork 

burdens to account for railroad 

responses to FRA’s inquiries. 

Accordingly, FRA is updating its burden 

estimates in the re-published PRA table 

to better account for railroads’ burdens 

in response to FRA’s follow-up 

inquiries. 

Before OMB decides whether to 

approve the proposed collection of 

information, it must provide 30 days 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(a); 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: Inquiry into Blocked HighwayRail Grade Crossings throughout the 

United States. 

OMB Control Number: 2130–0630. 

Abstract: In 2020, FRA created a 

dedicated website allowing the public 

and law enforcement personnel to use 

web-based forms to voluntarily submit 

information about blocked crossings to 

FRA.1 Under the currently approved 

information collection request, users 

provide information regarding the 

location, date, time, duration, and 

immediate impacts of highway-rail 

grade crossings blocked by slow-moving 

or stationary trains. FRA uses the data 

collected to gain a more complete 

picture of where, when, for how long, 

and what impacts result from reported 

blocked crossing incidents.2

Additionally, FRA uses the information 

to respond to congressional inquiries so 

that congressional staff can respond to 

their constituents. Furthermore, FRA 

uses the information gathered to 

facilitate meetings, outreach, and other 

solutions for stakeholders to reduce or 

eliminate blocked crossing concerns. 

Upon accessing these web-based 

forms, users are notified there are no 

Federal laws or regulations that 

specifically address the length of time a 


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41168 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices 

3The average time per response will be remain at 

3 minutes per response since the modification made 

under BIL requirement is de minimis. 

4The current inventory exhibits a total burden of 

250 hours while the total burden of this notice is 

1,033 hours. The increase in burden hours is due 

to an anticipated increase in the number of 

responses. 

5For the value of the public’s time, FRA used an 

hourly rate of $27 per hour from the Department of 

Labor, Bureau of Labor Statistics (BLS). For law 

enforcement and first responder respondents, FRA 

used an hourly wage rate of $49.74 per hour that 

includes an average benefit rate of $20.87 from BLS’ 

Occupational Employment Statistics (OES) 33– 

3000, classified within NAICS 999200, State 

Government—excluding schools and hospitals. See 

https://www.bls.gov/oes/current/naics4_

999200.htm. For railroad respondents, FRA used an 

hourly wage rate of $77.44 that includes a 75- 

percent overhead charge from the Surface 

Transportation Board’s 2020 Full Year Wage A&B 

data series for railroad workers. 

6FRA adds this row in response to AAR’s 

comments that FRA should account for railroads’ 

estimated paperwork burdens in responding to 

FRA’s follow-up inquiries on blocked crossings. 

train may occupy a highway-rail grade 

crossing. Users are also notified that 

information submitted will not be 

forwarded to a railroad, State, or local 

agency, and will only being used for 

data collection purposes to determine 

the locations, times, and impacts of 

blocked crossings. 

On November 15, 2021, the BIL was 

enacted. In addition to mandating that 

FRA establish an online portal and 

corresponding database to receive 

information regarding blocked highwayrail grade crossings, section 22404 of 

BIL ‘‘encourages each complainant to 

report the blocked crossing to the 

relevant railroad.’’ Therefore, in 

preparation for this new statutory 

mandate, FRA proposes to modify the 

existing web-based forms by adding one 

question, ‘‘have you contacted the 

railroad?’’ Otherwise, the rest of the 

questions on the web-based forms will 

remain the same.3

Currently, there are no Federal laws 

or regulations that specifically address 

how long a train may occupy a crossing, 

whether stationary or operating at slow 

speeds. Some States and local 

municipalities have laws that vary in 

how long trains are permitted to occupy 

crossings. However, there are legitimate 

operational reasons why trains may 

block grade crossings, including trains 

stopping for compliance with Federal 

regulatory requirements (such as 

required safety tests and inspections). 

Therefore, some courts have found that 

State laws and regulations that address 

how long trains may occupy grade 

crossings have the effect of regulating 

aspects of railroad operations currently 

regulated by FRA and are thus 

preempted by the Federal railroad safety 

statutes and regulations. (See CSX 

Transp., Inc. v. City of Plymouth, 283 

F.3d 812 (6th Cir. 2002)). In addition, 

some courts have found State laws and 

regulations attempting to limit the time 

trains are permitted to occupy grade 

crossings to be preempted by the 

Interstate Commerce Commission 

Termination Act, which provides the 

Surface Transportation Board with 

broad jurisdiction over railroad 

operations. (See Elam v. Kansas City 

So., 635 F.3d 796 (5th Cir. 2011)). 

There are potential safety concerns 

with crossings that are blocked by 

trains. For instance, pedestrians may 

crawl under or through stationary trains. 

Also, emergency response vehicles and 

first responders may be delayed when 

responding to an incident or 

transporting persons to a hospital. In 

addition, drivers may take more risks, 

such as driving around lowered gates at 

a crossing or attempting to beat a train 

through a crossing without gates, in 

order to avoid a lengthy delay if they are 

aware that trains routinely block a 

crossing for extended periods of time. 

There are also potential economic 

impacts that affect businesses, such as 

stores or restaurants not being accessible 

to their customer base for an extended 

time period. Finally, highway-rail grade 

crossings that are blocked for extended 

time periods may create societal 

nuisances, such as roadway congestion, 

delayed mail service and deliveries, 

disrupted school and work arrival and 

dismissal, or missed appointments. 

Type of Request: Revision of a 

currently approved collection. 

Affected Public: Public individuals, 

law enforcement personnel, and first 

responders. 

Form(s): FRA F 6180.175. 

Respondent Universe: Public 

individuals, law enforcement personnel, 

and first responders. 

Frequency of Submission: On 

occasion. Reporting Burden: 

Section 4 Total annual 

responses 

Average time 

per response 

Total annual 

burden hours Total cost equivalent 

(A) (B) (C) = A * B (D) = C * wage rate 5

General public via the unrestricted form on the FRA website ..................................... 15,500 responses ... 3 minutes ........ 775 $20,925 

Law enforcement personnel (including first responders) via the limited access form 

on the FRA website.

350 responses ........ 3 minutes ........ 17.5 895 

Monthly meeting between FRA and Class I railroads on blocked crossings—Review 

of blocked crossings data from FRA’s blocked crossings portal 6.

12 meetings and reviews.20 hours .......... 240 18,586 

Total ....................................................................................................................... 15,862 responses ... N/A .................. 1,033 40,406 

Total Estimated Annual Responses: 

15,862. 

Total Estimated Annual Burden: 

1,033 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $40,406. 

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. 

Allison Ishihara Fultz, 

Chief Counsel. 

[FR Doc. 2022–14710 Filed 7–8–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

FY 2022 Competitive Funding 

Opportunity: Passenger Ferry Grant 

Program, Electric or Low-Emitting 

Ferry Pilot Program, and Ferry Service 

for Rural Communities Program 

AGENCY: Federal Transit Administration 

(FTA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice of Funding Opportunity 

(NOFO). 


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