[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48415-48416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19751]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-0007-N-20]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that FRA is forwarding the modified Information 
Collection Request (ICR) abstracted below 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 
collection of information was published on April 24, 2015 (80 FR 
23069).

DATES: Comments must be submitted on or before September 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Safety Regulatory 
Analysis Division, RRS-21, U.S. Department of Transportation, Federal 
Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, 
Washington, DC 20590 (Telephone: (202) 493-6292), or Ms. Kebo Chen, 
Staff Director, Railroad Safety Information Management Division, RRS-
22, U.S. Department of Transportation, Federal Railroad Administration, 
1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 
(Telephone: (202) 493-6079). (These telephone numbers are not toll-
free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, sec. 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), 
and 1320.12. On April 24, 2015, FRA published a 60-day notice in the 
Federal Register soliciting comment on an ICR that the agency is 
seeking OMB approval. See 80 FR 23069. In its ICR, FRA proposed to 
utilize Form FRA 6180.54's Special Study Block 49b (SSB) to collect 
specific information concerning rail cars carrying petroleum crude oil 
(crude oil) in trains involved in FRA reportable accidents.
    FRA received two comments in response to the notice, from the U.S. 
Department of Commerce's Bureau of Economic Analysis (BEA) and an 
article titled ``DOT Takes Additional Actions on Crude Oil Trains--
Incident Report ICR,'' originally posted on the blog Chemical Facility 
Security News by Peter Coyle on April 20, 2015. The substance of both 
comments, along with FRA's responses to those comments is discussed 
below. You may also review the full text of the comments online at 
www.regulations.gov in docket number FRA-2015-0007.
    BEA's comment generally expresses support for the information 
collection activities associated with FRA's accident/incident reporting 
regulations, and references specific FRA forms that the BEA uses in its 
analysis that are different than the form this ICR covers. FRA 
appreciates BEA's comment, but notes that the comment relates to FRA 
forms that are outside the scope of this ICR. This ICR is limited to 
modifying the existing instructions on Form FRA F 6180.54 titled ``Rail 
Equipment Accident/Incident Report'' and does not impact FRA's 
information collection activities under other FRA accident/incident 
reporting forms.
    In his comment, Mr. Coyle asserts that FRA's proposed collection of 
information related to crude oil train accidents is of limited 
usefulness and ``will provide almost nothing in the way of information 
that can be used for analytical purposes.'' Mr. Coyle suggests that FRA 
design a new report ``specifically for rail accidents and incidents 
involving damaged and leaking rail cars containing crude oil.'' Mr. 
Coyle also asserts that combining the number of cars loaded with crude 
oil and crude oil residue cars in the data collection will ``about 
double the number of cars involved in accidents and damaged in 
accidents since most

[[Page 48416]]

railcars in crude oil service are not cleaned before being returned for 
refilling.'' Further, Mr. Coyle asserts that ``since there is no effort 
being made to determine what types of tank cars are actually in use and 
the rate of failure (measured by leaks) for each type of tank car, the 
FRA will not be able to adequately describe how the continuing change 
of the makeup of the crude oil tank car fleet will affect the failure 
rate of the fleet.''
    In response to Mr. Coyle's concern that the proposed information 
collection will not provide useful information for analytical purposes, 
FRA acknowledges that the proposed modifications will not capture all 
information about an accident that FRA needs to fully analyze an 
accident. FRA believes these simple modifications will, however, make 
this data more readily accessible to FRA and help to capture more 
specific information on the behavior of tank cars transporting crude 
oil in accident conditions. As Mr. Coyle suggests FRA should do, FRA 
intends to continue considering other options for gathering additional 
information concerning rail cars carrying crude oil (and other 
hazardous materials) involved in reportable accidents. However, 
implementation of any significant changes by FRA (such as the 
development of a new form) will necessitate a notice and comment 
rulemaking, a time consuming process. FRA does not want to wait for the 
completion of a rulemaking proceeding to begin making changes to 
improve the existing data collection. FRA believes that utilizing the 
existing SSB in the short term is the most efficient and expeditious 
method of improving FRA's information collection activity. FRA will, 
however, continue to evaluate additional, more comprehensive, methods 
of improving the agency's overall information collection activities 
related to the transportation of hazardous materials by railroad.
    In response to Mr. Coyle's assertion that combining the number of 
cars loaded with crude oil and crude oil residue cars in the data 
collection will double the number of cars reported to be in accidents 
and damaged in accidents, FRA notes that residue cars, including cars 
carrying residue amounts of crude oil, are already included in the 
counts of all hazardous materials cars in blocks 8, 9, and 10 of FRA 
Form 6180.54. These current counts will not change as a result of the 
additional information collection in the SSB of Form FRA F 6180.54. 
Thus, FRA believes Mr. Coyle's assertion is incorrect.
    Finally, Mr. Coyle asserts that ``since there is no effort being 
made to determine what types of tank cars are actually in use and the 
rate of failure (measured by leaks) for each type of tank car, the FRA 
will not be able to adequately describe how the continuing change of 
the makeup of the crude oil tank car fleet will affect the failure rate 
of the fleet.'' However, FRA again notes that the agency intends for 
the SSB as described in FRA's April 24, 2015 notice to be a short term 
method of obtaining some additional information on the number and 
behavior of tank cars transporting crude oil involved in FRA reportable 
accidents. FRA will continue to evaluate whether it needs more data as 
part of a comprehensive, long-term improvement in its information 
collection activities for the rail transportation of crude oil and the 
rail transportation of hazardous materials in general.
    FRA received no other comments. After careful consideration of each 
of the comments discussed above, FRA reevaluated and certified this 
information collection activity under 5 CFR 1320.5(a), and is now 
forwarding this ICR to OMB for review and approval under 5 CFR 
1320.12(c).
    Before OMB decides whether to 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 ICR and the expected 
burden. FRA is submitting the proposed revisions to OMB for clearance 
as the PRA requires.
    Title: Accident Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The collection of information arises from FRA's accident 
reporting regulations set forth in 49 CFR part 225. Part 225 requires 
railroads to submit monthly reports summarizing collisions, 
derailments, and certain other accidents/incidents involving damages 
above a certain dollar threshold, as well as certain injuries to 
passengers, employees, and other persons on railroad property 
(including those which are railroad work-related). Because the 
reporting requirements and information needed regarding each category 
are unique, a different form is used for each category. FRA is 
modifying the instructions for one of the three referenced agency forms 
to request that the SSB of Form FRA F 6180.54 be used to capture (with 
coded letters) information pertaining to accidents that involve rail 
cars transporting crude oil.
    Type of Request: Revision of a Currently Approved Information 
Collection.
    Affected Public: Businesses (Railroads).
    Form(s): FRA F 6180.54.
    Annual Estimated Burden: 39,058 hours.
    Addressee: 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 email to OMB 
at the following address: [email protected].
    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 estimates 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 August 6, 2015.
Patrick Warren,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2015-19751 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-06-P