[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8588-8592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03441]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2016-0002-N-5]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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SUMMARY: FRA hereby gives notice that it is submitting the following 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for Emergency Processing under the Paperwork Reduction Act 
of 1995. FRA is republishing its February 12, 2016, Notice, see 81 FR 
7628, to include two accompanying documents that were not included with 
that Notice. FRA requests that OMB authorize the collection of 
information identified below seven days after publication of this 
Notice for a period of 180 days.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information 
Collection Clearance Officer, Regulatory Safety Analysis Division, RRS-
21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail 
Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. 
Kimberly Toone, Information Collection 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 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 summary 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

[[Page 8589]]

expended to retrieve and produce information requested. See 44 U.S.C. 
3501.
    Organizations and individuals desiring to submit comments on these 
information collection requirements should send them directly to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, 725 17th St. NW., Washington, DC 20503, Attention: FRA Desk 
Officer. Comments may also be sent via email to the Office of 
Management and Budget at the following address: 
[email protected]
    Below is a brief summary of the currently approved ICR that FRA 
will submit for clearance by OMB as required under the PRA:
    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: On December 4, 2015, President Obama signed into law the 
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-
94). Section 11405, ``Bridge Inspection Reports,'' provides a means for 
a State or a political subdivision of a State to obtain a public 
version of a bridge inspection report generated by a railroad for a 
bridge located within their respective jurisdiction. While the FAST Act 
specifies that requests for such reports are to be filed with the 
Secretary of Transportation, the responsibility for fulfilling these 
requests is delegated to FRA. See 49 CFR 1.89.
    FRA is revising its currently approved information collection to 
account for the additional burden that will be incurred by States and 
political subdivisions of States requesting a public version of a 
bridge inspection report generated by a railroad for a bridge located 
within their respective jurisdiction. FRA has developed a new form 
titled ``Bridge Inspection Report Public Version Request Form'' (see 
below) to facilitate such requests by States and their political 
subdivisions. Additionally, FRA is revising its currently approved 
information collection to account for the additional burden that will 
be incurred by railroads to provide the public version of a bridge 
inspection report upon agency request to FRA.
    As background, on July 15, 2010, FRA published its Bridge Safety 
Standards Final Rule. See 75 FR 41281. The final rule on bridge safety 
standards normalized and established federal requirements for railroad 
bridges. The final rule established minimum requirements to assure the 
structural integrity of railroad bridges and to protect the safe 
operation of trains over those bridges. The final rule required 
railroads/track owners to implement bridge management programs to 
prevent the deterioration of railroad bridges and to reduce the risk of 
human casualties, environmental damage, and disruption to the Nation's 
transportation system that would result from a catastrophic bridge 
failure. Bridge management programs were required to include annual 
inspection of bridges as well as special inspections, which must be 
conducted if natural or accidental events cause conditions that warrant 
such inspections. Lastly, the final rule required railroads/track 
owners to audit bridge management programs and bridge inspections and 
to keep records mandated under 49 CFR part 237. This final rule 
culminated FRA's efforts to develop and promulgate bridge safety 
regulations and fulfilled the Railroad Safety Improvement Act of 2008 
(Pub. L. 110-432, Division A) mandate.
    The information collected is used by FRA to ensure that railroads/
track owners meet Federal standards for bridge safety and comply with 
all the requirements of this regulation. In particular, the collection 
of information is used by FRA to confirm that railroads/track owners 
adopt and implement bridge management programs to properly inspect, 
maintain, modify, and repair all bridges that carry trains over them 
for which they are responsible. Railroads/track owners must conduct 
annual inspections of railroad bridges. Further, railroads/track owners 
must incorporate provisions for internal audit into their bridge 
management program and must conduct internal audits of bridge 
inspection reports. The internal audit information is used by 
railroads/track owners to verify that the inspection provisions of the 
bridge management program are being followed and to continually 
evaluate the effectiveness of their bridge management program and 
bridge inspection activities. FRA uses this information to ensure that 
railroads/track owners implement a safe and effective bridge management 
program and bridge inspection regime.
    As provided under 49 CFR 1320.13, FRA is requesting emergency 
processing for this new collection of information as specified in the 
Paperwork Reduction Act of 1995 and its implementing regulations. FRA 
cannot reasonably comply with normal clearance procedures since they 
would be reasonably likely to disrupt the collection of information. 
With the recent passage of the FAST Act, FRA expects States and their 
political subdivisions to immediately request a public version of 
bridge inspection reports that affect critical infrastructure within 
their jurisdiction to ensure public safety. Upon receipt of such 
requests, FRA will require railroads to submit to the agency a public 
version of the most recent bridge inspection report. Therefore, FRA is 
requesting OMB approval as soon as possible (i.e., 7 days after 
publication of this Notice) for this collection of information.
    Form Number(s): FRA F 6180.167.
    Affected Public: States/Political Subdivisions of States and 
Businesses.
    Respondent Universe: 50 States/State Political Subdivisions and 693 
Railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                    Respondent        Total annual     Average time per    Total annual  burden
          CFR Section                universe          responses           response               hours
----------------------------------------------------------------------------------------------------------------
   NEW FAST ACT REQUIREMENTS
--Form FRA F 6180.167.........  50 States/State    75 forms.........  5 minutes........  6 hours.
                                 Political
                                 Subdivision.
--Railroad Submission to FRA    693 Railroads....  75 reports.......  60 minutes.......  75 hours.
 of Bridge Inspection Report--
 Public Version.
237.3--Notifications to FRA of  693 Railroads....  15 notifications.  90 minutes.......  22.5 hours.
 Assignment of Bridge
 Responsibility.
--Signed Statement by Assignee  693 Railroads....  15 signed          30 minutes.......  7.5 hours.
 Concerning Bridge                                  statements.
 Responsibility.
237.9--Waivers--Petitions.....  693 Railroads....  6 petitions......  4 hours..........  24 hours.
23731/33--Development/Adoption  693 Railroads....  5 plans..........  24 hours.........  120 hours.
 of Bridge Management Program.
237.57--Designation of          693 Railroads....  1,000              30 minutes.......  400 hours.
 Qualified Individuals.                             designations.

[[Page 8590]]

 
237.71--Determination of        693 Railroads....  2,000              8 hours..........  16,000 hours.
 Bridge Load Capacities.                            determinations.
237.73--Issuance of             693 Railroads....  2,000              2 hours..........  4,000 hours.
 Instructions to Railroad                           instructions.
 Personnel by Track Owner.
237.105--Special Bridge         693 Railroads....  7,500 insp. and    12.50 hours......  93,750 hours.
 Inspections and Reports/                           reports/records.
 Records.
--Special Underwater            693 Railroads....  50 insp. and       40 hours.........  2,000 hours
 Inspections.                                       Reports/rcds..
237.107 and 237.109--           693 Railroads....  15,450 insp. &     4 hours..........  61,800 hours.
 Nationwide Annual Bridge                           reports.
 Inspections--Reports.
--Records.....................  693 Railroads....  15,450 records...  1 hour...........  15,450 hours.
--Report of Deficient           693 Railroads....  50 reports.......  30 minutes.......  25 hours.
 Condition on a Bridge.
237.111--Review of Bridge       693 Railroads....  2,000 insp. rpt.   30 minutes.......  1,000 hours.
 Inspection Reports by RR                           reviews.
 Bridge Engineers.
--Prescription of Bridge Insp.  693 Railroads....  200 insp. proc.    30 minutes.......  100 hours.
 Procedure Modifications After                      modifications.
 Review.
237.131--Design of Bridge       693 Railroads....  1,250 designs....  16 hours.........  20,000 hrs.
 Modifications or Bridge
 Repairs.
--Bridge Modification Repair    693 Railroads....  1,250 br. mod.     1.50 hours.......  1,875 hours.
 Reviews/Supervisory Efforts.                       repair reviews.
--Common Standard Designed by   693 Railroads....  50 standards.....  24 hours.........  1,200 hours.
 Railroad Bridge Engineer.
237.153--Audits of Inspections  693 Railroads....  725 insp. audits.  80 hours/24 hours/ 5,534 hours.
                                                                       6 hours.
237.155--Documents and          693 Railroads....  5 systems........  80 hours.........  400 hours.
 Records--Establishment of RR
 Monitoring and Info.
 Technology Security Systems
 for Electronic Recordkeeping.
--Employees Trained in System.  693 Railroads....  100 employees....  8 hours..........  800 hours.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses for New FAST Act Requirements: 150.
    Total Estimated Responses for Entire Information Collection: 
49,271.
    Total Estimated Total Annual Burden for New FAST Act Requirements: 
81 hours.
    Total Estimated Total Annual Burden Entire Information Collection: 
224,689 hours.
    Type of Request: Emergency Clearance to the revision of a currently 
approved information 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 February 12, 2016.
Corey Hill,
Acting Executive Director.

[[Page 8591]]

[GRAPHIC] [TIFF OMITTED] TN19FE16.000

FAST Act Bridge Inspection Report Requests

    The Fixing America's Surface Transportation Act (FAST Act) (Pub. 
L. 114-94) (Dec. 4, 2015), Section 11405, ``Bridge Inspection 
Reports,'' provides a means for a State or a political subdivision 
of a State to obtain a public version of a bridge inspection report 
generated by a railroad for a bridge located within their respective 
jurisdiction. While the FAST Act specifies that requests for such 
reports are to be filed with the Secretary of Transportation, the 
responsibility for fulfilling these requests is delegated to the 
Federal Railroad Administration (FRA). See 49 CFR 1.89. The text of 
Section 11405 of the FAST Act is provided in attachment 1.

Frequently Asked Questions

Q. Who can make a request for a bridge inspection report under Section 
11405 of the FAST Act?

    A. Section 11405 of the FAST Act permits a State or a political 
subdivision of a State to file a request for a public version of a 
bridge inspection report for a bridge located in that State or 
political subdivision's jurisdiction. Thus, any duly elected or 
appointed official of a State or political subdivision of a State, 
acting in his or her official capacity, may file a request. This 
includes officials of a State, city, county, town, municipality or 
other political subdivision of a State.

Q. What information do I need to provide in my request?

    A. Go to FRA's Web site (www.fra.dot.gov) and click on the 
Bridge Inspection Report link and fill out the ``Bridge Inspection 
Report Public Version Request Form'' (FRA F 6180.167) in its 
entirety (a link to the form is provided at the end of these 
questions). Please provide the following information:
     Your name and title;
     Official address;
     Email address;
     Telephone number;
     Identification of the individual bridge(s) for which 
you are requesting a public version of a bridge inspection 
report(s). Bridge identification information could include a street 
name, a nearby intersecting street, a waterway or a recognizable 
land feature where appropriate;
     Name of the railroad that owns and/or operates over the 
requested bridge(s) (if known); and
     An indication that the request is being made in your 
official capacity as a representative of a State or a political 
subdivision of a State. The bridge(s) for which the inspection 
report(s) is sought must be within the jurisdiction of the political 
subdivision of the State you represent.

[[Page 8592]]

Q. How do I file my request?

    A. You can file a request by going to FRA's Web site 
(www.fra.dot.gov) and clicking on the Bridge Inspection Report link. 
There you will find the ``Bridge Inspection Report Public Version 
Request Form'' (FRA F 6180.167). Please complete this pdf fillable 
form by providing all of the information listed in the question 
above and click on the ``submit'' box when completed. This will 
automatically create an email that will send the completed form 
directly to FRA. A link to the form has also been provided at the 
end of these questions below.
    If you are unable to submit the form to FRA directly, please 
fill out the ``Bridge Inspection Report Public Version Request 
Form'' (FRA F 6180.167) and attached it in an email to 
[email protected]. Requests will only be 
accepted through this email address with the proper form completely 
filled out and attached.

Q. How will FRA handle a request?

    A. FRA will evaluate the request and, if found to be compliant 
with law, FRA will promptly request that the railroad responsible 
for the bridge provide a public version of the most recent 
inspection report(s) to FRA. Once FRA has received the report(s), 
FRA will review the report(s) to ensure that at least the minimum 
information required by law has been provided. Once determined to be 
satisfactory, the report(s) will be sent to the requester 
electronically by reply to the request unless the requester provides 
an alternate email address to send the report to.

Q. What information must a railroad include in the public version of 
the bridge inspection report provided to FRA?

    A. The FAST Act requires the following information to be 
included in a public version of a bridge inspection report:
    1. The date of the last inspection;
    2. Length of bridge;
    3. Location of bridge;
    4. Type of bridge (superstructure);
    5. Type of structure (substructure);
    6. Features crossed by the bridge;
    7. Railroad contact information; and
    8. A general statement on the condition of the bridge.

Q. How much time does a railroad have to provide the public version of 
a bridge inspection report to FRA?

    A. FRA interprets the statute to require a railroad to provide a 
requested report containing at least the minimum specified 
information within a reasonable amount of time. FRA believes that a 
reasonable time for a railroad to provide a requested report is 
within 30 days of receipt of FRA's request.

Q. How long will it take FRA to produce a public version of a bridge 
inspection report to a requester?

    A. FRA will handle these requests as expeditiously as possible 
and generally expects to respond to most requests by providing the 
requester with a public version of a bridge inspection report within 
45 days of receipt of the request.
    (Link to Form will be located here)

Attachment 1 to Frequently Asked Questions

FAST Act--SECTION 11405--BRIDGE INSPECTION REPORTS

    Section 417(d) of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20103 note) is amended--(1) by striking ``The Secretary'' and 
inserting the following: ``(1) IN GENERAL.--The Secretary''; and (2) 
by adding at the end the following: ``(2) AVAILABILITY OF BRIDGE 
CONDITION.--
    ``(A) IN GENERAL.--A State or political subdivision of a State 
may file a request with the Secretary for a public version of a 
bridge inspection report generated under subsection (b)(5) for a 
bridge located in such State or political subdivision's 
jurisdiction.
    ``(B) PUBLIC VERSION OF REPORT.--If the Secretary determines 
that the request is reasonable, the Secretary shall require a 
railroad to submit a public version of the most recent bridge 
inspection report, such as a summary form, for a bridge subject to a 
request under subparagraph (A). The public version of a bridge 
inspection report shall include the date of last inspection, length 
of bridge, location of bridge, type of bridge, type of structure, 
feature crossed by bridge, and railroad contact information, along 
with a general statement on the condition of the bridge.
    ``(C) PROVISION OF REPORT.--The Secretary shall provide to a 
State or political subdivision of a State a public version of a 
bridge inspection report submitted under subparagraph (B).
    ``(D) TECHNICAL ASSISTANCE.--The Secretary, upon the reasonable 
request of State or political subdivision of a State, shall provide 
technical assistance to such State or political subdivision of a 
State to facilitate the understanding of a bridge inspection 
report.''
[FR Doc. 2016-03441 Filed 2-18-16; 8:45 am]
 BILLING CODE 4910-06-P