[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11878-11901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04882]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2016-0002-N-6]


Agency Request for Emergency Processing of Collection of 
Information by the Office of Management and Budget

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

ACTION: Notice.

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SUMMARY: Consistent with the Paperwork Reduction Act of 1995 and its 
implementing regulations, this document provides notice that FRA is 
submitting the following Information Collection Request (ICR) to the 
Office of Management and Budget (OMB) to collect information on 
Positive Train Control (PTC) implementation on an annual form and a 
quarterly form. FRA requests emergency processing and OMB authorization 
to collect the information on the annual form identified below five 
business days after publication of this Notice for a period of 180 
days. FRA requests regular processing and OMB authorization to collect 
the information on the quarterly form identified below 90 days after 
publication of this Notice for a period of three years.

FOR FURTHER INFORMATION CONTACT: A copy of this individual ICR, with 
any public applicable supporting documentation, may be obtained by 
telephoning FRA's Office of Safety Information Collection Clearance 
Officer, Robert Brogan (tel. (202) 493-6292), or FRA's Office of 
Administration Information Collection Clearance Officer, Kimberly Toone 
(tel. (202) 493-6132); these numbers are not toll-free; or by 
contacting Mr. Brogan via facsimile at (202) 493-6216 or Ms. Toone via 
facsimile at (202) 493-6497, or via email by contacting Mr. Brogan at 
[email protected], or by contacting Ms. Toone at [email protected]. 
Comments or questions about any aspect of this ICR pertaining to the 
Quarterly PTC Progress Report Form should be directed to Mr. Brogan or 
Ms. Toone, while comments or questions about any aspect of this ICR 
pertaining to the Annual PTC Progress Report Form should be directed to 
OMB's Office of Information and Regulatory Affairs, Attn: FRA OMB Desk 
Officer.

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 20157, as amended by the 
Positive Train Control Enforcement and Implementation Act of 2015 
(PTCEI Act) and the Fixing America's Surface Transportation (FAST) Act, 
each railroad required to implement a positive train control (PTC) 
system must provide information to FRA on its implementation progress. 
Under the PTCEI Act, each railroad subject to 49 U.S.C. 20157(a) must 
submit an annual progress report to FRA by March 31, 2016, and annually 
thereafter, until PTC implementation is complete. 49 U.S.C. 
20157(c)(1). The amended statute specifically requires each railroad to 
provide certain information in the annual reports regarding its 
progress toward implementing PTC, and authorizes FRA to request that 
railroads provide additional information in the annual progress 
reports. See id. The annual progress report will report all progress 
for the previous calendar year.
    In addition, 49 U.S.C. 20157(c)(2) requires FRA to conduct 
compliance reviews, at least annually, to ensure that each railroad is 
complying with its revised PTC implementation plan (PTCIP). The amended 
statute requires railroads to provide information to FRA that FRA 
determines is necessary to adequately conduct such compliance reviews. 
See 49 U.S.C. 20157(c)(2).
    To effectively monitor compliance with PTC system implementation, 
FRA is proposing to require each subject railroad and entity to submit 
quarterly reports on its implementation progress, in addition to the 
annual progress reports, under the PTCEI Act and FRA's statutory and 
regulatory investigative authorities. See 49 U.S.C. 20157(c)(2); see 
also 49 U.S.C. 20107, 20902; 49 CFR 236.1009(h). Specifically, FRA is 
proposing that, in addition to the annual report due each March 31 
under 49 U.S.C. 20157(c)(1), railroads must provide quarterly progress 
reports covering the preceding three-month period and submit the forms 
to FRA on the dates in the following table until full PTC system 
implementation is completed:

------------------------------------------------------------------------
                                                         Due dates for
                                   Coverage  period    quarterly reports
------------------------------------------------------------------------
Q1..............................  January 1-March 31  June 30, 2016, and
                                                       each April 30
                                                       thereafter.
Q2..............................  April 1-June 30...  July 31.
Q3..............................  July 1-September    October 31.
                                   30.
Q4..............................  October 1-December  January 31.
                                   31.
------------------------------------------------------------------------

    FRA is delaying submission of the first quarterly form to allow 
time for the normal 60-days of notice and public comment directed to 
the agency and the additional 30 days of public comment directed to OMB 
while the submission undergoes OMB review as required under the 
Paperwork Reduction Act of 1995 and its concomitant regulations. Since 
the annual report is statutorily required by March 31, 2016, FRA is 
seeking Emergency Processing for the annual form.
    Annual and quarterly reporting will enable FRA to effectively track 
and report railroad progress and compliance, and to perform its roles 
in enforcement and industry oversight. The proposed quarterly progress 
report form is formatted similar to the ``PTCIP template'' (FRA F 
6180.164, OMB No. 2130-0553) and will be used to track railroads' 
progress on, and compliance with, the core quantitative implementation 
elements and goals, some of which are included in the railroads' 
revised PTCIPs. The quarterly frequency will allow FRA to identify 
potential trends so that it can manage its technical assistance and 
monitor compliance accordingly. The annual report is required by law, 
but FRA is providing guidance on what type of information must be 
provided to ensure consistency of the information industry provides to 
FRA and its usefulness to FRA for assessing progress and compliance.
    FRA is proposing that each railroad must submit its quarterly 
progress reports and annual progress reports using Form FRA F 6180.165 
and Form FRA F 6180.166, respectively.
    FRA is proposing to let the less detailed monthly reporting that it 
currently requires (approved under

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OMB No. 2130-0553) expire in June 2016 when railroads would be required 
to begin providing the quarterly progress reports.
    As provided under 5 CFR 1320.13, FRA is requesting emergency 
processing for the new annual progress report collection of information 
under the Paperwork Reduction Act of 1995 and its implementing 
regulations. See, e.g., 44 U.S.C. 3507; 5 CFR 1320.13. FRA cannot 
reasonably comply with normal clearance procedures since they would be 
reasonably likely to disrupt the collection of information. Each 
railroad is required to submit its annual PTC progress report by March 
31, 2016, under 49 U.S.C. 20157(c)(1). Therefore, FRA cannot wait the 
typical 60-day period for public comment. Therefore, FRA is requesting 
OMB approval as soon as possible (i.e., 5 business days after 
publication of this Notice) for this collection of information.
    FRA is not requesting Emergency Processing for the quarterly PTC 
progress reports because the first quarterly reports will be due by 
June 30, 2016. The Paperwork Reduction Act of 1995, 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. 35069(c)(2)(A); 5 CFR 
1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Here, FRA is seeking public 
comment on its proposed quarterly reporting form to gather the 
information FRA needs to conduct the compliance reviews the PTCEI Act 
requires and is requesting a minimum OMB review and approval period of 
30 days after the 60-day comment period expires. Comments on any aspect 
of the Quarterly PTC Progress Report may be sent to the following: 
Federal Railroad Administration, 1200 New Jersey Ave. SE., Washington, 
DC 20590, Attention: Mr. Robert Brogan or Ms. Kim Toone; or via email 
at the following: [email protected]; [email protected]. Copies of 
both proposed forms are published as attachments to this notice.
    The associated collection of information is summarized below.
    Title: Quarterly Positive Train Control (PTC) Progress Report Form 
and Annual Positive Train Control (PTC) Progress Report Form.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
                                     Respondent universe        Total annual       per response    Total annual
                                                                 responses            (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Quarterly PTC Progress Report:
    Form FRA F 6180.165...........  41 Railroads.........  164 Reports/Forms....           1.573             258
Annual PTC Progress Report:
    Form FRA F 6180.166...........  41 Railroads.........  41 Reports/Forms.....           38.41           1,575
----------------------------------------------------------------------------------------------------------------

    Form Number(s): FRA F 6180.165; FRA F 6180.166.
    Respondent Universe: 41 Railroads.
    Frequency of Submission: On occasion.
    Total Estimated Responses for New Quarterly and Annual PTC Progress 
Report Forms: 205.
    Total Estimated Responses for Entire Information Collection: 
147,776.
    Total Estimated Annual Burden for New PTC Quarterly and Annual 
Progress Report Forms: 1,833 hours.
    Total Estimated Burden for Entire Information Collection: 
3,122,817.
    Status: Emergency Review (Annual PTC Progress Report Form) and 
Regular Review (Quarterly PTC Progress Report Form).
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 320.5(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 March 1, 2016.
Corey Hill,
Acting Executive Director.
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[FR Doc. 2016-04882 Filed 3-4-16; 8:45 am]
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