[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23872-23874]
[FR Doc No: 2020-09036]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88734; File No. SR-NYSE-2020-15]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Section 902.02 of the NYSE Listed Company Manual To Waive Initial
Listing Fees and First Partial Year Annual Fees for Certain Companies
Listing Upon Closing of an Acquisition of a Special Purpose Acquisition
Company

April 23, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on April 13, 2020, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 902.02 of the NYSE Listed
Company Manual (the ``Manual'') to waive initial listing fees and the
first partial year annual fee for any company not listed on a national
securities exchange that is listing upon closing of its acquisition of
a special purpose acquisition company listed on another national
securities exchange. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 902.02 of the Manual to
waive initial listing fees and the first partial year annual fee for
any company not listed on a national securities exchange that is
listing upon closing of its acquisition of a special purpose
acquisition company (``SPAC'') listed on another national securities
exchange.
    When a SPAC consummates its business combination, it may choose a
new listing venue for its post-business

combination existence as an operating company. In most such cases, the
SPAC is the legal acquirer in the business combination transaction and
thus the company transferring its listing to the NYSE is the same
entity as was listed on the other national securities exchange prior to
the acquisition (i.e., the SPAC). When a SPAC that is the legal
acquirer transfers its listing to the NYSE following the business
combination, the initial listing fee and first partial year annual fee
are waived. Specifically, Section 902.02 of the Manual provides that
any company listing any class of equity securities upon transfer from
another market will not be subject to any initial listing fees in
connection with such listing (including, if applicable, the one-time
special charge of $50,000 payable in connection with the listing of any
new class of common shares). Similarly, Section 902.02 also provides
that issuers transferring the listing of their primary class of common
shares from another national securities exchange are not required to
pay annual fees with respect to that primary class of common shares or
any other class of securities transferred in conjunction therewith for
the remainder of the calendar year in which the transfer occurs.
    However, in fulfilling the requirements for a SPAC to complete an
acquisition under applicable exchange rules, occasionally the SPAC is
not the legal acquirer in the business combination and, instead, the
business combination is structured so that the SPAC is acquired by the
operating company. Under the current NYSE rules, a company listing in
connection with its acquisition of a SPAC listed on another national
securities exchange would not benefit from a similar waiver of listing
fees.
    To address this disparity, the Exchange proposes to amend the fee
waiver provisions of Section 902.02 of the Manual. Specifically, the
Exchange proposes to extend the waiver of the initial listing fee
applicable to transfers to any company that was unlisted immediately
prior to the initial listing on the Exchange of any class of equity
securities upon closing of its acquisition of a SPAC that had a class
of equity securities listed on another national securities exchange
prior to the closing of such acquisition. Similarly, the Exchange
proposes to extend to any company that is not listed immediately prior
to listing its primary class of common shares upon closing of its
acquisition of a SPAC the benefits of the provision in Section 902.02
that waives for companies transferring their primary class of common
shares from another exchange the requirement to pay annual fees with
respect to that primary class of common shares or any other class of
securities transferred in conjunction therewith for the remainder of
the calendar year in which the transfer occurs. The decision whether to
structure a business combination with the SPAC as the legal acquirer
rather than the other party does not result in the listing of a
substantively different entity. Accordingly, the Exchange believes
there is no basis for charging fees purely on the basis of the
structure of the business combination chosen by the parties.
    The Exchange does not expect there to be a significant number of
listings in which this proposed fee waiver will be applicable.
Consequently, the proposed rule change would not affect the Exchange's
commitment of resources to its regulatory oversight of the listing
process or its regulatory programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(4) \5\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\6\ in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
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The Proposed Change Is Reasonable
    he [sic] Exchange operates in a highly competitive marketplace for
the listing of equity securities. The Commission has repeatedly
expressed its preference for competition over regulatory intervention
in determining prices, products, and services in the securities
markets.
    The Exchange believes that the ever shifting market share among the
exchanges with respect to new listings and the transfer of existing
listings between competitor exchanges demonstrates that issuers can
choose different listing markets in response to fee changes.
Accordingly, competitive forces constrain exchange listing fees. Stated
otherwise, changes to exchange listing fees can have a direct effect on
the ability of an exchange to compete for new listings and retain
existing listings.
    Given this competitive environment, the Exchange believes that the
proposed fee waivers are reasonable because the cost of paying initial
listing fees and the first part year of annual fees to the NYSE acts as
a disincentive to listing on the Exchange.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes that the proposed fee waivers are equitable
as it being implemented solely to avoid an anomalous fee outcome
arising from the manner in which a SPAC business combination has been
structured.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory, because the proposed waivers are solely intended to
avoid the impact on a small group of issuers of an anomalous fee
outcome arising from the manner in which a SPAC business combination
has been structured and not to provide them with any benefit that would
place them in a more favorable position than other newly-listed
companies, including specifically other previously unlisted companies
that list upon completion of an acquisition of a company listed on the
NYSE or another national securities exchange.\7\
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    \7\ Section 902.03 of the Manual includes separate fee
limitations that benefit a company that is not listed on a national
securities exchange immediately prior to the time that it lists in
connection with its acquisition of an NYSE listed company.
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    A SPAC is a shell company with no business operations.
Consequently, the parties to a business combination between a SPAC and
an operating company have significant flexibility in how they choose to
structure the business combination, including in determining which
entity will be the legal acquirer. Accordingly, the Exchange is
proposing to amend its fee structure to reflect the incidental nature
of the resulting SPAC business combination and to avoid treating
companies undergoing similar business combinations disparately
    By contrast to a SPAC business combination, there are typically
more significant limitations on the ability of the parties to a merger
between two operating companies to make decisions

about which entity will be the acquirer, including, for example, the
desire to maintain the acquirer's SEC registration and concerns about
how to present the combined entity to the market. As such, it is much
more likely that the listing fee implications of how the transaction is
structured would be a major consideration for the parties to a SPAC
business combination than would be the case in a merger between two
operating companies. As the implications of the proposed fee waivers
for decisions relating to the transaction structures utilized by
unlisted companies listing in connection with the acquisition of a SPAC
are typically greater than for other companies listing in conjunction
with merger transactions, the proposed waivers are not unfairly
discriminatory.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
Intramarket Competition
    The proposed waiver will be available to all similarly situated
issuers on the same basis. The Exchange does not believe that the
proposed waivers will have any meaningful effect on the competition
among issuers listed on the Exchange.
Intermarket Competition
    The Exchange operates in a highly competitive market in which
issuers can readily choose to list new securities on other exchanges
and transfer listings to other exchanges if they deem fee levels at
those other venues to be more favorable. Because competitors are free
to modify their own fees in response, and because issuers may change
their listing venue, the Exchange does not believe its proposed fee
change can impose any burden on intermarket competition

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-15 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2020-15. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE, Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-15 and should be submitted on
or before May 20, 2020.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-09036 Filed 4-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Notices]
[Pages 2482-2485]
[FR Doc No: 2022-00731]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-1]

Proposed Agency Information Collection Activities; Comment
Request

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

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
March 15, 2022.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2022-0002. All comments received will be posted without change to the
docket, including any personal information provided. 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: Ms. Hodan Wells, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 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 to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities 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
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Abstract: Under authority granted by the Noise Control Act of 1972,
the Environmental Protection Agency (EPA) has established limits for
noise emissions related to rail carriers in 40 CFR part 201. Those
limits are enforced by FRA under 49 CFR part 210. In particular, the
information FRA collects under Sec.  210.27 is necessary to ensure
compliance with EPA noise standards for new locomotives. Although
railroads no longer need to display a certification badge or tag in the
locomotive cab, as was previously required by now-removed Sec.
210.27(d), the locomotives still need to be tested and certified to
comply with the noise emission standards, as required under Sec.
210.27(a)-(c).
    Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 4 locomotive manufacturers.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                                                Total annual     Total cost
           CFR section \1\                Respondent universe       Total annual responses     Average time per response   burden hours     equivalent
                                                                 (A)........................  (B).......................     (C) = A * B  (D) = C * wage
                                                                                rate \2\
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210.11--Waivers......................  FRA anticipates zero waivers.
                                      ------------------------------------------------------------------------------------------------------------------
210.27(a)-(c)--New locomotive          4 locomotive              4 requests.................  30 minutes................               2            $155
 certification--Request for             manufacturers.
 certification.
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210.31--Operation standards            The estimated paperwork burden for recording locomotive noise emission tests is under OMB control number 2130-
 (stationary locomotives at 30          0004 under the ``Remarks'' section on the reverse side of Form FRA F 6180.49A.
 meters)--Recorded locomotive noise
 emission test under the ``Remarks''
 section on the reverse side of Form
 FRA F 6180.49.
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    Total............................  4 locomotive              4 responses................  N/A.......................               2             155
                                        manufacturers.
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    Total Estimated Annual Responses: 4.
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    \1\ The current inventory exhibits a total burden of 2,237 hours
while the total burden of this notice is 2 hours. As part of its
review of this ICR renewal, FRA determined the 2018 estimates
incorrectly included the time associated with the testing. For
instance, under Sec.  210.31, the burdens associated with testing
have been addressed when FRA calculated the economic costs of the
regulatory requirements. Additionally, the burden associated with
the test records are covered under OMB control number 2130-0004.
Thus, FRA has adjusted the estimated paperwork burden in the PRA
table above so that it does not include activities outside of the
scope of the PRA.
    \2\ Throughout this notice, the dollar equivalent cost is
derived from the Surface Transportation Board's 2020 Full Year Wage
A&B data series using the appropriate employee group hourly wage
rate that includes a 75-percent overhead charge.
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    Total Estimated Annual Burden: 2 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $155.
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.
    OMB Control Number: 2130-0560.
    Abstract: Under 49 CFR part 222, FRA seeks to collect information
from railroads and public authorities in order to increase safety at
public 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 routine locomotive horn sounding exists for quiet zone
corridors in which such horn sounding is silenced. FRA reviews
applications by public authorities intending to establish new quiet
zones by implementing alternative safety measures and approves the
effectiveness rate assigned to them.
    FRA made several adjustments to its estimated paperwork burdens in
this ICR extension.
    Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 754 railroads/645 public authorities.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                  Respondent      Total annual     Average time    Total annual     Total cost
       CFR section \3\             universe        responses       per response    burden hours     equivalent
                                                (A)............  (B)............     (C) = A * B  (D) = C * wage
                                                                                rate
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222.15--How does one obtain a  754 railroads +  2 petitions....  4 hours........            8.00         $619.52
 waiver of a provision of       645 public
 this regulation?--Petition     Authorities.
 for waiver.
                              ----------------------------------------------------------------------------------
222.17--How can a State        FRA anticipates zero applications, as FRA has yet to receive any submissions
 agency become a recognized     under this provision.
 State agency?
                              ----------------------------------------------------------------------------------
222.39(b)--How is a quiet      645 public       15 applications  80 hours.......       $1,200.00       74,148.00
 zone established?--Public      authorities.
 authority application to
 FRA--Applications to
 establish quiet zone.
--(b)(1)(i) Updated Grade      645 public       75 updated       30 minutes.....           37.50        2,317.13
 Crossing Inventory Form        authorities.     forms.
 (includes requirements under
 222.49(a)).
--(b)(1)(iii) Diagnostic team  645 public       3 team reviews.  16 hours.......           48.00        3,717.12
 review of proposed quiet       authorities.
 zone crossings.
--(b)(3)(i) 60-day comment     645 public       90 copies......  2 minutes......            3.00          185.37
 period--Copies of quiet zone   authorities.
 application.
--(b)(3)(ii) 60-day comment    754 railroads..  30 comments....  1.5 hours......           45.00        3,484.80
 period--Comments to FRA on
 Quiet Zone Application.
                              ----------------------------------------------------------------------------------

--(b)(3)(iii) 60-day comment   FRA anticipates zero written statements.
 period--Written no-comment
 statements.
                              ----------------------------------------------------------------------------------
222.43--What notices and       Public           60 notices +     40 hours + 10          2,430.00      150,149.70
 other information are          authorities,     180              minutes.
 required to create or          railroads, and   notifications.
 continue a quiet zone? --      state agencies.
 Written notice of public
 authority's intent to create
 new quiet zone and
 notification to required
 parties.
--(b)(3) Notice of Intent -60- 754 railroads..  120 comments...  1.5 hours......          180.00       13,939.20
 day comment period.
--(d) Notice of Quiet Zone     645 public       60 notices +     40 hours + 10          2,460.00      152,003.40
 Establishment--The Notice of   authorities.     360              minutes.
 Quiet Zone Establishment and                    notifications.
 notification to required
 parties.
--(d)(2)(v)-(vi) Required      645 public       300 updated      30 minutes.....          150.00        9,268.50
 contents--Updated Crossing     authorities.     forms.
 Inventory Forms (includes
 requirements under
 222.49(a)).
--(d)(2)(xi) Certification by  645 public       60               5 minutes......            5.00          308.95
 chief executive officer that   authorities.     certifications.
 the information submitted by
 the public authority is
 accurate.
222.47--What periodic updates  645 public       180 written      30 minutes + 2           126.00        7,785.54
 are required?--Written         authorities.     affirmations +   minutes.
 affirmation to FRA that                         1,080 copies.
 Supplementary or Alternative
 Safety Measures (SSMs or
 ASMs) conform to the
 requirements of Appendices A
 and B or the terms of the
 Quiet Zone approval--Copies
 of such notification must be
 provided to the required
 parties.
--(b)(2) Updated Crossing      645 public       900 updated      30 minutes.....          450.00       27,805.50
 Inventory Forms (includes      authorities.     forms.
 requirements under
 222.49(a)).
222.51(a)-(b)--Under what      645 public       15 written       5 hours........           75.00        4,634.25
 conditions will quiet zone     Authorities.     commitments.
 status be terminated?--
 Written commitment to lower
 the potential risk to the
 traveling public at the
 crossings within the quiet
 zone.
--(c) Review at FRA's          645 public       2 comments.....  30 minutes.....            1.00           61.79
 initiative--Comments from      authorities.
 interested parties during
 FRA's review of quiet zone
 status.
222.55(b)--How are new         645 public       1 letter.......  30 minutes.....             .50           30.90
 supplementary or alternative   authorities.
 safety measures approved? --
 Request for FRA Approval of
 new SSMs or ASMs for quiet
 zone.
--(d) Request for SSM/ASM      Interested       1 letter.......  30 minutes.....             .50           30.90
 approval upon completion of    parties and
 demonstration of proposed      public.
 new SSMs or ASMs.
222.57(a)--Can parties seek    645 public       1 petition + 6   2 hours + 2                2.20          135.94
 review of the Associate        authorities      copies.          minutes.
 Administrator's actions?--A    and interested
 public authority or other      parties.
 interested party may
 petition FRA for review of
 any decision by the
 Associate Administrator
 granting or denying an
 application for approval of
 a new SSM or ASM under Sec.
  222.55 (plus copies to the
 required parties).

--(b) Request for FRA          645 public       1 petition       2 hours + 2                2.20          135.94
 reconsideration of             authorities.     letter + 6       minutes.
 disapproval of Quiet Zone                       copies.
 and copies of requests to
 the required parties.
--(b) Additional documents to  645 public       1 additional     2 hours........            2.00          123.58
 FRA as a follow-up to          authorities.     document and
 petition for reconsideration.                   set of
                                                 materials.
--(b) Letter requesting FRA    645 public       1 letter.......  30 minutes.....             .50           30.90
 for an informal hearing.       authorities.
222.59(b)--When may a wayside  645 public       5 notices + 30   2.5 hours + 2             13.50          834.17
 horn be used?--Written         authorities.     copies.          minutes.
 notice of use of wayside
 horn at Grade Crossing
 within a quiet zone plus
 copies of the written
 notices to the required
 parties.
--(c) Notice of wayside horn   645 public       5 notices + 30   2.5 hours + 2             13.50          834.17
 located outside a quiet zone.  authorities.     copies.          minutes.
                              ----------------------------------------------------------------------------------
Appendix B to Part 222--       FRA anticipates zero submissions. Additionally, FRA has yet to receive any
 Alternative Safety Measures--  submissions under this provision.
 Non-engineering ASMs--
 Programmed Enforcement.
                              ----------------------------------------------------------------------------------
Appendix B to Part 222--       FRA anticipates zero submissions. Additionally, FRA has yet to receive any
 Alternative Safety Measures--  submissions under this provision.
 Modified SSMs, Engineering
 ASMs--Photo Enforcement.
                              ----------------------------------------------------------------------------------
229.129(c)(10)--Locomotive     The one-time testing requirement under this provision for locomotives built
 horn--Written Reports and      before September 18, 2016 has been fulfilled. However, any estimated burden for
 Records of Locomotive Horn     testing records will be covered under OMB control number 2130-0004 under 229.23.
 Testing.
                              ----------------------------------------------------------------------------------
    Total....................  754 railroads +  3,620 responses  N/A............           7,253         452,585
                                645 public
                                authorities.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 3,620.
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    \3\ The current inventory exhibits a total burden of 9,236 hours
while the total burden of this notice is 7,254 hours. As part of its
review of this ICR renewal, FRA determined some of the previous
estimates were initial estimates, outdated, or duplicative. For
instance, the burdens previously associated with Appendix B to Part
222 were zeroed because FRA has yet to receive, and does not
anticipate receiving, any submissions under this provision.
Additionally, the estimated paperwork burdens for Sec. Sec.  222.25,
222.27, 222.35, 222.37, 222.38, 222.45, and 222.49(b) are covered
under Sec. Sec.  222.39 and 222.43.
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    Total Estimated Annual Burden: 7,253 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$452,585.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that a respondent is not required to
respond to, conduct, or sponsor a collection of information that does
not display a currently valid OMB control number.
    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022-00731 Filed 1-13-22; 8:45 am]
BILLING CODE 4910-06-P