[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40938-40953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14890]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2016-0002-N-16]


Proposed Agency Information Collection Activity; Comment Request

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

ACTION: Notice and request for comments.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its 
implementing regulations, FRA is informing the public it has revised 
the Annual Positive Train Control (PTC) Progress Report Form (Form FRA 
F 6180.166), which the Office of Management and Budget (OMB) previously 
approved on March 16, 2016, for a period of 180 days, under its 
emergency processing procedures. FRA revised the Annual PTC Progress 
Report Form based on comments it received from industry stakeholders on 
a related information collection, the Quarterly PTC Progress Report 
Form (Form FRA F 6180.165). Before submitting this annual information 
collection request to OMB for regular clearance, FRA is soliciting 
public comment on specific aspects of the proposed information 
collection identified below.

DATES: Comments must be received no later than August 22, 2016.

ADDRESSES: Submit written comments on the following proposed activity 
by mail to either: Mr. Robert Brogan, Office of Safety, Planning and 
Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New 
Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly 
Toone, 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 2130-0553.'' 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]. When submitting comments to FRA in 
response to this notice, please refer to the assigned OMB control 
number 2130-0553 and to Docket Number FRA-2016-0002-0016. FRA will 
summarize comments received in response to this notice in a subsequent 
notice and include the comments in its information collection 
submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning 
and Evaluation 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, 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: 

I. Public Comment Under the PRA

    The PRA and its implementing regulations 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. See 44 U.S.C. 3506(c)(2)(A) (1995); 5 CFR 1320.8(d)(1), 
1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested 
respondents to comment on: (i) Whether the information collection 
activity is necessary for FRA to properly execute its functions, 
including whether the activity will have practical utility; (ii) the 
accuracy of FRA's estimates of the burden of the information collection 
activity, 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 the information collection 
activity 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 soliciting public comment will promote its efforts to reduce 
the administrative and paperwork burdens associated with the collection 
of information. In summary, FRA reasons that comments received will 
advance three objectives: (i) Reduce reporting burdens; (ii) ensure

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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.

II. Background on the Annual PTC Reporting Requirement

    Under the Positive Train Control Enforcement and Implementation Act 
of 2015 (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 completed. 49 U.S.C. 
20157(c)(1). The PTCEI Act specifically requires each railroad to 
provide certain information in the annual reports regarding its 
progress toward implementing a PTC system, and authorizes FRA to 
request that railroads provide additional information in the annual 
progress reports. See id. In addition, 49 U.S.C. 20157(c)(2) requires 
FRA to conduct compliance reviews at least annually to ensure each 
railroad is complying with its revised PTC implementation plan (PTCIP). 
The PTCEI Act 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).
    On March 16, 2016, OMB approved the Annual PTC Progress Report Form 
(Form FRA F 6180.166). However, based on industry's oral and written 
comments on the proposed Quarterly PTC Progress Report Form (Form FRA F 
6180.165), FRA has revised the Annual PTC Progress Report Form to be as 
consistent with the quarterly report form as possible (where the 
questions overlap), thereby enabling railroads to transfer information 
from the quarterly report forms to the annual report forms more easily. 
In summary, on April 12, 2016, the Association of American Railroads 
(AAR) submitted comments to FRA on behalf of itself and its member 
railroads, and the American Public Transit Association (APTA) submitted 
comments to FRA on behalf of Metra, the Utah Transit Authority, the 
Tri-County Metropolitan Transportation District of Oregon, and the Fort 
Worth Transportation Authority.
    On April 19, 2016, FRA held a meeting on the proposed Quarterly PTC 
Progress Report Form to offer the affected regulated entities a forum 
to provide additional comments and feedback to FRA. Representatives 
from, and members of, AAR, APTA, the American Short Line and Regional 
Railroad Association (ASLRRA), and some individual railroad 
representatives attended the meeting and provided feedback. FRA 
published minutes from the meeting on www.regulations.gov under Docket 
No. FRA-2016-0002. For a detailed summary of the oral and written 
comments and FRA's responses to the comments, please see 81 FR 28140 
(May 9, 2016).
    The current Annual PTC Progress Report Form, as approved through 
September 30, 2016, can be accessed and downloaded in FRA's eLibrary 
at: https://www.fra.dot.gov/eLib/details/L17366. To view the revised 
Annual PTC Progress Report Form that FRA hereby offers for public 
comment, please see the form attached to this Federal Register notice.

III. Overview of Information Collection

    The associated collection of information is summarized below. FRA 
will submit this information collection request to OMB for regular 
clearance as required by the PRA.
    Title: Annual Positive Train Control Progress Report.
    OMB Control Number: 2130-0553.
    Form Number(s): FRA F 6180.166.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 41 Railroad Carriers.
    Reporting Burden:

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                                                                                   Average time
    Annual PTC progress report       Respondent universe        Total annual       per response    Total annual
                                                                 responses            (hours)      burden hours
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Form FRA F 6180.166...............  41 Railroads.........  41 Reports/Forms.....           38.41           1,575
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    FRA notes that the 38.41-hour estimate is an average for all 
railroads. FRA estimated the annual reporting burden is 60 hours for 
Class I and large passenger railroads, 40 hours for Class II and medium 
passenger railroads, and 25 hours for Class III, terminal and small 
passenger railroads.
    Total Estimated Annual Responses for Form FRA F 6180.166: 41.
    Total Estimated Annual Burden for Form FRA F 6180.166: 1,575 hours.
    Total Estimated Annual Responses for Entire Information Collection: 
147,612.
    Total Estimated Annual Burden for Entire Information Collection: 
3,122,559.
    Status: Regular Review.
    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 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 June 20, 2016.
Corey Hill,
Executive Director.
BILLING CODE 4910-06-P

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[FR Doc. 2016-14890 Filed 6-22-16; 8:45 am]
 BILLING CODE 4910-06-C