[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63272-63275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26409]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-26]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking an extension of the following 
currently approved information collection activities. On May 7, 2014, 
the Secretary of Transportation issued Emergency Order (EO) Docket No. 
DOT-OST-2014-0067 requiring affected railroad carriers to provide 
certain information to the State Emergency Response Commissions (SERCs) 
for each State in which their trains carrying 1 million gallons or more 
of Bakken crude oil travel. The information collection activities 
associated with the Secretary's Emergency Order originally received a 
six-month emergency approval from OMB on May 10, 2014. On July 10, 
2015, OMB again approved the information collection activities 
associated with the Secretary's Emergency Order until March 31, 2016. 
FRA is now requesting to continue these

[[Page 63273]]

information collection activities until the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) finalizes the Oil Spill 
Response Proposed Rule that it is currently working on and that will 
codify the requirements of the Secretary's Emergency Order. The 
Secretary's EO remains in full force and effect until that happens. FRA 
also hereby announces that it is seeking renewal of the additional 
currently approved information collection activities described below 
for the maximum time period (3 years). Before submitting these 
information collection requirements for clearance by the Office of 
Management and Budget (OMB), FRA is soliciting public comment on 
specific aspects of the activities identified below.

DATES: Comments must be received no later than December 18, 2015.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Information 
Clearance Officer, Office of Safety, Regulatory Safety Analysis 
Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, 
Information Clearance Officer, Office of Information Technology, RAD-
20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail 
Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge 
receipt of their respective comments must include a self-addressed 
stamped postcard stating, ``Comments on OMB control number 2130 -___.'' 
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or (202) 493-6497, or via email to Mr. Brogan at 
[email protected], or to Ms. Toone at [email protected]. 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: Mr. Robert Brogan, Information 
Clearance Officer, Office of Safety, Regulatory Safety Analysis 
Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or 
Ms. Kimberly Toone, Information Clearance Officer, Office of 
Information Technology, RAD-20, Federal Railroad Administration, 1200 
New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: 
(202) 493-6132). (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 provide 60-days notice to the public 
for comment on information collection activities before seeking 
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA 
invites interested respondents to comment on the following summaries of 
proposed information collection activities regarding: (i) Whether the 
information collection activities are necessary for FRA to properly 
execute its functions, including whether the activities will have 
practical utility; (ii) 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; (iii) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (iv) ways for FRA to minimize the burden of 
information collection activities on the public by automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 
1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will 
promote its efforts to reduce the administrative and paperwork burdens 
associated with the collection of information mandated by Federal 
regulations. In summary, FRA reasons that comments received will 
advance three objectives: (i) Reduce reporting burdens; (ii) ensure 
that it organizes information collection requirements in a ``user 
friendly'' format to improve the use of such information; and (iii) 
accurately assess the resources expended to retrieve and produce 
information requested. See 44 U.S.C. 3501.
    Below are brief summaries of three currently approved information 
collection requests that FRA will submit for clearance by OMB as 
required under the PRA:
    Title: Secretary of Transportation Emergency Order Docket No. DOT-
OST-2014-0067.
    OMB Control Number: 2130-0604.
    Abstract: As noted in the summary above, on May 7, 2014, the 
Secretary of Transportation issued Emergency Order (EO) Docket No. DOT-
OST-2014-0067 requiring affected railroad carriers to provide certain 
information to the State Emergency Response Commissions (SERCs) for 
each State in which their trains carrying 1 million gallons or more of 
Bakken crude oil travel. This EO is available through the Department's 
public docket system at www.regulations.gov, under Docket No. DOT-OST-
2014-0067. The EO took effect immediately upon issuance, although 
affected railroads were permitted 30 days to provide the required 
information to the SERCs. The EO is the Department's direct and 
proactive response to a recent series of train accidents involving the 
transportation of petroleum crude oil, a hazardous material the 
transportation of which is regulated by the Department. The most recent 
accident occurred on April 30, 2014, when a train transporting 
petroleum crude oil derailed in Lynchburg, Virginia and released 
approximately 30,000 gallons of its contents into the James River. 
Further, the EO explains that, with the rising demand for rail 
transportation of petroleum crude oil throughout the United States, the 
risk of rail incidents has increased commensurate with the increase in 
the volume of the material shipped and that there have been several 
significant derailments in both the U.S. and Canada over the last 
several months causing deaths and property and environmental damage 
that involved petroleum crude oil. DOT emergency orders are rare and 
the EO itself describes the most recent accidents and circumstances 
leading the agency to issue the EO. The collection of information 
included under this EO is aimed at ensuring that railroads that 
transport in a single train a large quantity of petroleum crude oil (1 
million gallons or more), particularly crude oil from the Bakken shale 
formation in the Williston Basin, provide certain information to the 
relevant SERCs in each State in which the railroad operates such 
trains. Ensuring that railroads provide this information to SERCs is 
critical to ensuring that local and State emergency responders are 
aware of the large quantities of crude oil that are being transported 
through their jurisdictions and are prepared to respond to accidents 
involving such trains should they occur.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 47 Railroad Carriers; 50 State Emergency 
Response Commissions (SERCs).
    Reporting Burden:

[[Page 63274]]



----------------------------------------------------------------------------------------------------------------
                                                           Total annual      Average time  per     Total annual
   Emergency order item No.      Respondent  universe       responses             response         burden hours
----------------------------------------------------------------------------------------------------------------
(1) RR Notification to SERCs..  47 railroads..........  120 written        30 hours.............           3,600
                                                         notifications.
(2) Updated RR Notification to  47 railroads..........  25 updated         4 hours..............             100
 SERCs.                                                  written
                                                         notifications.
(3) Notification Copies to FRA  47 railroads..........  20 notification    10 minutes...........               5
                                                         copies.
(4) Requests to RRs by SERCs    47 railroads..........  30 informational   30 minutes...........              60
 for Information from Local                              assistance
 Emergency Response Agencies                             requests + 30
 Regarding the Volume and                                informational
 Frequency of Train Traffic                              responses.
 Implicated by this Emergency
 Order within that Agency's
 Jurisdiction and RR Responses.
(5) Petitions to the Secretary/ 47 railroads..........  4 relief           2 hours..............               8
 FRA Administrator for Relief                            petitions.
 from This Emergency Order.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 229.
    Total Estimated Annual Burden: 3,773 hours.
    Status: Extension of a currently approved information collection.
    Title: Ballast Defects and Conditions-Importance of Identification 
and Repair in Preventing Development of Unsafe Combinations of Track 
Conditions.
    OMB Control Number: 2130-0614.
    Abstract: FRA issued Safety Advisory 2015-04 on August 20, 2015, to 
emphasize the importance of timely repairing ballast defects and 
conditions on main tracks. FRA published Safety Advisory 2015-04 in the 
Federal Register on August 26, 2015. See 80 FR 51868. In the Safety 
Advisory, FRA noted that ballast defects and ballast conditions that 
are not repaired in a timely manner can lead to future defects. FRA 
believes it is important for track inspectors to be aware that ballast 
defects and conditions can cause track components to deteriorate 
rapidly and compromise the stability of the track structure, and that 
inspectors are trained to identify and repair ballast defects and 
conditions. This safety advisory recommends that track owners and 
railroads: (1) Assess current engineering instructions on ballast 
safety and update them to provide specific guidance to track inspectors 
(designated personnel that are qualified to inspect and repair track) 
on how to identify and initiate remedial action under 49 CFR 213.233(d) 
for ballast defects and conditions, as well as on the appropriate 
remedial action to implement, particularly in areas with one or more 
additional track conditions; (2) train track inspectors on the updated 
engineering instructions and this safety advisory to ensure they 
understand how to identify and initiate remedial action for ballast 
defects and conditions in a timely manner, and understand the 
importance of such remedial action in preventing the development of 
unsafe combinations of track conditions; and (3) ensure that 
supervisors provide adequate oversight of track inspectors to achieve 
identification and remediation of ballast defects and other track 
conditions.
    FRA is seeking regular Clearance of this information collection 
request that was previously approved under Emergency Processing 
procedures on September 9, 2015.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 754 Track owners/Railroads.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                           Total annual      Average time  per     Total annual
    Safety advisory 2015-04      Respondent  universe       responses             response         burden hours
----------------------------------------------------------------------------------------------------------------
(1) RR Assessment and Update    754 Railroads.........  100 assessments +  60 minutes...........             200
 of Engineering Instructions                             100 engineering
 to provide Guidance to Its                              instruction
 Track Inspectors on How to                              updates.
 Identify and Repair Ballast
 Defects and Other Ballast
 Conditions.
(2) RR Training of Its Track    754 Railroads.........  10,000 trained     60 minutes...........          10,000
 Inspectors on Updated                                   track inspectors/
 Engineering Instructions and                            records.
 FRA Safety Advisory 2015-04.
----------------------------------------------------------------------------------------------------------------

    Form Number(s): N/A.
    Respondent Universe: 754 Railroads.
    Frequency of Submission: One-time; on occasion.
    Total Estimated Annual Responses: 10,200.
    Total Estimated Annual Burden: 10,200 hours.
    Status: Regular Review.
    Title: Disqualification Proceedings.
    OMB Control Number: 2130-0529.
    Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue 
orders disqualifying railroad employees, including supervisors, 
managers, and other agents, from performing safety-sensitive service in 
the rail industry for violations of safety rules, regulations, 
standards, orders, or laws evidencing unfitness. FRA's regulations, 49 
CFR part 209, subpart D, implement the statutory provision by requiring 
(i) a railroad employing or formerly employing a disqualified 
individual to disclose the terms and conditions of a disqualification 
order to the individual's new or prospective employing railroad; (ii) a 
railroad considering employing an individual in a safety-sensitive 
position to ask the individual's previous employing railroad whether 
the individual is currently serving under a disqualification order; and 
(iii) a disqualified individual to inform his new or prospective 
employer of the disqualification order and provide a copy of the same. 
Additionally, the regulations prohibit a railroad from employing a 
person serving under a disqualification order to work in a safety-
sensitive position. This information serves to inform a railroad 
whether an employee or prospective employee is currently disqualified 
from performing safety-sensitive service based on the issuance of a 
disqualification order by FRA. Furthermore, it prevents an individual 
currently serving under a disqualification order from retaining and 
obtaining employment in a safety-sensitive position in the rail 
industry.
    Form Number(s): N/A.
    Affected Public: Railroad Employees.
    Respondent Universe: 40,000 Locomotive Engineers.
    Total Responses: 3.

[[Page 63275]]

    Estimated Total Annual Burden: 5 hours.
    Status: Extension of a currently approved collection.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 
1320.8(b)(3)(vi), 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 unless it displays a currently valid OMB 
control number.

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

    Issued in Washington, DC on October 13, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-26409 Filed 10-16-15; 8:45 am]
 BILLING CODE 4910-06-P