[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46154-46156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16771]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0002-N-14]


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: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces FRA is forwarding the renewal of the information collection 
requirements (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. On February 25, 
2016, OMB approved Form FRA F 1680.167 for 180 days under emergency 
clearance procedures. FRA seeks regular clearance of this form for the 
maximum period (3 years) to comply with Fixing America's Surface 
Transportation Act (FAST Act) requirements. The Federal Register notice 
with a 60-day comment period soliciting comments on the following 
collection of information was published on March 24, 2016.

DATES: Comments must be submitted on or before August 15, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Railroad Safety, Safety 
Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 
1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 
493-6292, or Ms. Kimberly Toone, Information Collection Clearance 
Officer, Office of Administration, Office of Information Technology, 
RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., 
Mail Stop 35, Washington, DC 20590, (202) 493-6132. These telephone 
numbers are not toll-free.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its 
implementing regulations, Title 5 Code of Federal Regulations (CFR) 
part 1320, require Federal agencies to issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 
1320.8(d)(1), and 1320.12. On March 24, 2016, FRA published a 60-day 
notice in the Federal Register soliciting comment on ICRs for which the 
agency is seeking OMB approval. See 81 FR 15781. FRA

[[Page 46155]]

received no comment in response to that notice. However, FRA did 
receive a comment from the Association of American Railroads (AAR) on 
February 26, 2016, in response to FRA's February 19, 2016, Federal 
Register notice (see 81 FR 8588) requesting Emergency Clearance from 
OMB for the information collection activities described below. FRA is 
responding to that comment now.
    AAR commented that FRA expects the railroads will provide 
information on (i) the type of bridge (superstructure) and (ii) type of 
structure (substructure). AAR states ``there are different 
interpretations of these terms that fulfill the requirements of the 
FAST Act, including that the `type of bridge' means its material 
composition and `type of structure' means its superstructure.'' FRA 
finds that AAR's comment is reasonable and FRA will interpret ``type of 
bridge'' to mean its material composition and ``type of structure'' to 
mean its superstructure. As examples, the combination of type of bridge 
and structure could yield descriptions such as: Stone Arch, Steel 
Through Plate Girder on Concrete Abutments, Steel Multi-beams on Stone 
Abutments and Steel Column Bents, and Concrete Box Beams on Reinforced 
Concrete Piers and Abutments.
    Additionally, AAR commented that FRA will require railroads to 
respond to the inspection report request within 30 days. AAR explains 
that ``as the FAST Act does not require a railroad to respond to a 
request in a set time period, FRA should allow a railroad additional 
time to respond to a request for multiple public bridge inspection 
reports.'' FRA believes that 30 days is sufficient time for railroads 
to respond. However, FRA will consider longer periods on a case-by-case 
basis if there are extenuating circumstances.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. See 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. See 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see 
also 60 FR 44978, 44983, August 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. See 60 FR 44983, August 29, 1995. Therefore, 
respondents should submit their respective comments to OMB within 30 
days of publication to best ensure having their full effect. See 5 CFR 
1320.12(c); see also 60 FR 44983, August 29, 1995.
    The summary below describes the ICR and its expected burden. The 
renewal request is being submitted for OMB clearance as the PRA 
requires.
    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: On December 4, 2015, U.S. President Barack Obama signed 
the FAST Act into law (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 
its respective jurisdiction. While the FAST Act specifies that requests 
for such reports must be filed with the Secretary of Transportation, 
the responsibility for fulfilling these requests is delegated to FRA. 
See 49 CFR 1.89.
    FRA previously revised its currently approved information 
collection to account for the additional burden States and political 
subdivisions of States will incur for requesting a public version of a 
bridge inspection report generated by a railroad for a bridge located 
within its respective jurisdiction. FRA developed a new form titled 
``Bridge Inspection Report Public Version Request Form'' to facilitate 
such State and their political subdivisions' requests. Additionally, 
FRA revised its currently approved information collection to account 
for the additional burden railroads will incur to provide the public 
version of a bridge inspection report upon FRA request.
    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 establishes minimum requirements to assure the 
structural integrity of railroad bridges and to protect the safe 
operation of trains over those bridges. The final rule requires 
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 must 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 requires railroads/track owners to 
audit bridge management programs and bridge inspections and to keep 
records mandated under 49 CFR part 237, Bridge Safety Standards. This 
final rule culminated FRA's efforts to develop and promulgate bridge 
safety regulations and fulfilled the Rail Safety Improvement Act of 
2008 (Pub. L. 110-432, Division A) mandate.
    FRA uses the information collected to ensure railroads/track owners 
meet Federal standards for bridge safety and comply with all the 
requirements of this regulation. In particular, FRA uses the collection 
of information 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 and for 
which they are responsible. Railroads/track owners must conduct annual 
inspections of railroad bridges. Further, railroads/track owners must 
incorporate provisions for internal audits into their bridge management 
program and must conduct internal audits of bridge inspection reports. 
Railroads/track owners use the internal audit information to verify 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 railroads/track owners implement a safe and 
effective bridge management program and bridge inspection regime.
    Type of Request: Extension without change of a currently approved 
information collection under regular clearance procedures.
    Affected Public: Businesses (Railroads).
    Form(s): Form FRA F 6180.167.
    Total Annual Estimated Responses for New FAST Act Requirements: 
150.
    Total Annual Estimated Responses for Entire Information Collection: 
49,271.
    Total Annual Estimated Burden for New FAST Act Requirements: 81 
hours.
    Total Annual Estimated Burden for Entire Information Collection: 
224,689 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 
collections of information are necessary for the proper performance of 
the functions of the Department, including (i) whether the information 
will have practical utility; (ii) the accuracy of the

[[Page 46156]]

Department's estimates of the burden of the proposed information 
collections; (iii) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (iv) ways to minimize the burden 
of the collections 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 July 12, 2016.
Corey Hill,
Executive Director.
[FR Doc. 2016-16771 Filed 7-14-16; 8:45 am]
BILLING CODE 4910-06-P