[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12687-12689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04235]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-4]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and comment request.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces that FRA is forwarding the proposed Information Collection 
Requests (ICRs) abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The ICRs describe the information 
collections and their expected burden. On October 26, 2016, FRA 
published a notice providing a 60-day period for public comment on the 
ICRs.

DATES: Comments must be submitted on or before April 5, 2017.

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

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its 
implementing regulations, 5 CFR part 1320, require Federal agencies to 
issue

[[Page 12688]]

two notices seeking public comment on information collection activities 
before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 
1320.5, 1320.8(d)(1), and 1320.12. On October 26, 2016, FRA published a 
60-day notice in the Federal Register soliciting comment on the ICR for 
which it is now seeking OMB approval. See 81 FR 74496. FRA received one 
comment in response to this notice relating to OMB No. 2130-0500, 
Accident/Incident Reporting and Recordkeeping, 49 CFR part 225 (part 
225).
    The comment came from the Association of American Railroads (AAR) 
in an email letter sent to FRA on November 29, 2016. In its comment, 
AAR stated FRA should take this opportunity to: (1) Update the rail 
equipment accident/incident monetary reporting threshold (reporting 
threshold), so that the information collected will have practical 
utility; and (2) improve the quality, utility, and clarity of the 
information collected. At the time of its comment, AAR noted FRA last 
changed the reporting threshold from $9,900 to $10,500 on December 24, 
2013. See 78 FR 77601. AAR also cited FRA's stated intent to reexamine 
and amend how it calculates the reporting threshold because new data 
sources and methodologies to calculate the threshold have become 
available since 2006, and updating the formula to include these 
advances will ensure it appropriately reflects changes in costs, wages, 
and inflation. See 78 FR 77601, Dec. 24, 2013; 79 FR 77397, Dec. 24, 
2014; 80 FR 80683, Dec. 28, 2015; 81 FR 94271, Dec. 23, 2016 for FRA's 
intent to reexamine and amend how it calculates the reporting 
threshold. AAR further stated this inaction has an effect that 
compounds over time: Failure to update the reporting threshold reduces 
the utility of the accident count and other statistics derived from the 
accident data railroads report. AAR noted many in the industry use this 
data to compare accident rates across time and evaluate the state of 
railroad safety and to develop and monitor the impact of initiatives to 
improve safety. AAR stated the failure to update the reporting 
threshold to take account of inflation results in artificial increase 
in accident rates and, accordingly, FRA should update the reporting 
threshold annually.
    FRA regularly reviews and amends, if necessary, its reporting 
threshold. FRA annually analyzes any cost increases or decreases to the 
reporting threshold and, under the procedures part 225 appendix B, 
determines whether any changes to the reporting threshold are needed; 
the changes in costs may not warrant amending the reporting threshold 
for a particular calendar year (CY). FRA conducted these analyses 
between CYs 2014 and 2016 and determined it was not necessary to adjust 
the reporting threshold based upon any cost increases or decreases. FRA 
published final rules for each of those CYs providing the bases for its 
decision and those final rules contained the data FRA used to reach its 
conclusions. See 80 FR 80683, Dec. 28, 2015. In addition, FRA issued a 
final rule on December 23, 2016, increasing the reporting threshold 
from $10,500 to $10,700 for CY 2017. See 81 FR 94271. To ensure the 
utility and quality of the information collected under part 225, FRA 
continues to evaluate its method for calculating the reporting 
threshold and hopes to publish a proposed rule amending its method.
    Finally, AAR commented that, given technology available today, FRA 
should easily be able to make public the spreadsheets it uses to 
calculate cost and benefit estimates for proposed and final rules in 
interactive format (with underlying formulas in a cells-accessible 
format) instead of a hard-coded PDF format. AAR stated this will 
greatly facilitate public review and comment and increase the utility 
of the data collected under part 225 at little or no cost to FRA.
    FRA is--and has always been--a strong believer in transparency and 
provides a full explanation for the costs and benefits of each proposed 
and final agency rule in the accompanying regulatory impact analysis 
found in the public docket at https://www.regulations.gov. The current 
format provides all the essential information to be understood and 
replicated by the regulated community and the general public required 
by law. FRA does not believe creating another format is necessary 
because of the easy duplicability of each economic analysis by industry 
in a format of their choice and because FRA's limited resources 
preclude it from providing multiple formats for the same analysis.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 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. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983, Aug. 29, 1995. OMB believes 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. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should 
submit their respective comments to OMB within 30 days of publication 
to best ensure they have full effect. 5 CFR 1320.12(c); see also 60 FR 
44983, Aug. 29, 1995.
    The summary below describes the ICR and its expected burden. FRA is 
submitting the new request for clearance by OMB as the PRA requires.

    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The collection of information is necessary due to the 
railroad accident/incident reporting regulations in part 225 requiring 
railroads to submit and/or maintain a variety of reports. These 
include: (1) Monthly reports summarizing collisions, derailments, and 
certain other accidents/incidents involving equipment damages above a 
periodically revised dollar threshold; and (2) monthly reports relating 
to certain highway-rail grade crossing accidents/incidents and 
casualties arising from the operation of the railroad to passengers, 
employees, and other persons. Other reports are required annually or 
occasionally. Because the reporting requirements and the information 
needed regarding each category of accident/incident are unique, FRA 
requires a different form for each category.
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Railroads.
    Form(s): FRA F 6180.54; 55; 55A; 56; 57; 78; 81; 97; 98; 99; 107; 
150.
    Total Estimated Annual Responses: 109,430.
    Total Estimated Annual Burden: 46,577 hours.

    Title: Railroad Communications.
    OMB Control Number: 2130-0524.
    Abstract: FRA's railroad communications regulations (49 CFR part 
220) prescribe minimum requirements governing the use of wireless 
communications in connection with railroad operations. In addition, the 
regulations set forth prohibitions, restrictions, and requirements that 
apply to the use of personal and railroad-supplied cellular telephones 
and other electronic devices. If these minimum requirements are met, 
railroads may adopt additional or more stringent requirements.
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Total Estimated Annual Responses: 12,433,554.

[[Page 12689]]

    Total Estimated Annual Burden: 293,521 hours.

    Title: Safety Integration Plans.
    OMB Control Number: 2130-0557.
    Abstract: FRA and the Surface Transportation Board, working in 
conjunction, issued joint final rules establishing procedures for a 
Class I railroad proposing to undergo certain specified merger, 
consolidation, or acquisition of control transactions with another 
Class I railroad, or a Class II railroad it proposes to amalgamate 
operations with, to develop and implement safety integration plans 
(``SIPs'' or ``plans''). The scope of the transactions covered under 
the two rules is the same. FRA uses the information collected, i.e. the 
required SIPs, to maintain and promote a safe rail environment by 
ensuring affected railroads (Class Is and some Class IIs) address 
critical safety issues unique to the amalgamation of large, complex 
railroad operations.
    Type of Request: Extension without change of a currently approved 
information collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Total Estimated Annual Responses: 60.
    Total Estimated Annual Burden: 528 hours.

    Title: Passenger Train Emergency Systems.
    OMB Control Number: 2130-0576.
    Abstract: The collection of information arises from FRA's passenger 
equipment safety regulations in 49 CFR part 238. Specifically, FRA 
rules for emergency passage through vestibule and other interior 
passageway doors and enhanced emergency egress and rescue have signage 
requirements. FRA also established requirements for low-location 
emergency exit path markings to assist occupants in reaching and 
operating emergency exits, particularly under conditions of limited 
visibility. Moreover, FRA has standards to ensure emergency lighting 
systems are provided in all passenger cars and enhanced requirements 
for the survivability of emergency lighting systems in new passenger 
cars. The purpose of this part is to prevent collisions, derailments, 
and other occurrences involving railroad passenger equipment that cause 
injury or death to railroad employees, railroad passengers, or the 
general public and to mitigate the consequences of such occurrences to 
the extent that they cannot be prevented.
    Type of Request: Extension without change of a currently approved 
information collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Total Estimated Annual Responses: 89,780.
    Total Estimated Annual Burden: 23,325 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th 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 DOT to properly perform 
its functions, including: Whether the information will have practical 
utility; the accuracy of DOT's estimates of the burden of the proposed 
information collections; ways to enhance the quality, utility, and 
clarity of the information to be collected; and 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.

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-04235 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-06-P