[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13711-13714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05048]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-5]


Proposed Agency Information Collection Activities; 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 seeks approval of the proposed 
information collection activities listed below. Before submitting these 
information collection requests (ICR) to the Office of Management and 
Budget (OMB) for approval, FRA is soliciting public comment on specific 
aspects of the activities identified below.

DATES: Comments must be received no later than May 15, 2017.

ADDRESSES: Submit written comments on the information collection 
activities by mail to either: 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; or Ms. Kim Toone, 
Information Collection Clearance Officer, Office of Information 
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey 
Avenue 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-XXXX,'' (the relevant OMB control number for each ICR is 
listed below) and should also include the title of the ICR. 
Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-
6497, or emailed to Mr. Brogan at [email protected], or Ms. Toone 
at [email protected]. Please refer to the assigned OMB control number 
in any correspondence submitted. FRA will summarize comments received 
in response to this notice in a subsequent notice and include them in 
its information collection submission to OMB for approval.

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 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 provide 60-days' notice to 
the public to allow comment on information collection activities before 
seeking OMB approval of the activities. See 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 parties to comment on the following summary of proposed 
information collection activities regarding: (1) Whether the 
information collection activities are necessary for FRA to properly 
execute its functions, including whether the activities will have 
practical utility; (2) 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; (3) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (4) ways for FRA to minimize the burden of 
information collection activities on the public by automated, 
electronic, mechanical, or other technological collection techniques 
and other forms of information technology (e.g., permitting electronic 
submission of responses). See 44 U.S.C. 3506(c)(2)(A); 5 CFR 
1320.8(d)(1).
    FRA believes that soliciting public comment will promote its 
efforts to reduce the administrative and paperwork burdens associated 
with the collection of information that Federal regulations mandate. In 
summary, FRA reasons that comments received will advance three 
objectives: (1) Reduce reporting burdens; (2) ensure that it organizes 
information collection requirements in a ``user-friendly'' format to 
improve the use of such information; and (3) accurately assess the 
resources expended to retrieve and produce information requested. See 
44 U.S.C. 3501.
    Below is a brief summary of currently approved information 
collection activities that FRA will submit for OMB renewed or revised 
clearance as the PRA requires:
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.

[[Page 13712]]

    Abstract: On August 12, 2011, FRA amended its hours of service 
recordkeeping regulations, to add a new 49 CFR part 228, subpart F, 
providing substantive hours of service requirements, including maximum 
on-duty periods, minimum off-duty periods, and other limitations, for 
train employees (e.g., locomotive engineers and conductors) providing 
commuter and intercity rail passenger transportation. See 76 FR 50359. 
The regulations require railroads to evaluate work schedules for risk 
of employee fatigue and implement measures to mitigate the risk, and to 
submit to FRA for its approval the relevant schedules and fatigue 
mitigation plans. This regulation also made corresponding changes to 
FRA's hours of service recordkeeping regulations to require railroads 
to keep hours of service records and report excess service to FRA in a 
manner consistent with the new requirements. This regulation was 
mandated by the Rail Safety Improvement Act of 2008 (Pub. L. 110-432, 
Division A). FRA uses the information collected under this rule to 
ensure compliance with the requirements of the regulation. In 
particular, FRA uses the information collected as a result of new 
subpart F to verify the train employees of commuter and intercity 
passenger railroads do not exceed maximum on-duty periods, abide by 
minimum off-duty periods, and adhere to other limitations in this 
regulation, to enhance rail safety and reduce the risk of accidents/
incidents caused or contributed to by train employee fatigue.
    Form Number(s): FRA F 6180.3.
    Affected Public: Businesses.
    Respondent Universe: 768 railroads/signal contractors.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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228.11--Hours of duty records--    768 railroads/       12,318,750 records   2 min./10 min./5          2,856,125
 train & engine employees           signal contractors.  + 10,293,000         min./10 min.
 (electronic records); train &                           records + 876,000
 engine employees (paper records:                        records +
 Dispatchers' (paper records);                           3,942,000 records.
 signalmen (paper records).
228.17--Dispatcher's records of    150 dispatch         200,750 records....  3 hours............         602,250
 train movements.                   offices.
228.19--Monthly reports of excess  300 railroads......  2,670 reports......  2 hours............           5,340
 service.
228.103--Construction of employee  50 railroads.......  1 petition.........  16 hours...........              16
 sleeping quarters--petitions to
 allow construction near work
 area.
228.207--Training in use of        768 railroads/       47,000 trained-      1 hour.............          47,000
 electronic system--initial         signal contractors.  employees.
 training.
49 U.S.C. 21102(b)--Petitions for  10 railroads.......  2 petitions........  10 hours...........              20
 exemption from hours of service
 laws.
228.407--RR analysis of one cycle  168 railroads......  2 analyses.........  20 hours...........              40
 of work schedules--submission to
 FRA.
--Reports to FRA of work           168 railroads......  1 report...........  2 hours............               2
 schedules that violate fatigue
 threshold.
--Fatigue mitigation plans         168 railroads......  1 plan.............  4 hours............               4
 submitted to FRA.
--Submission of work schedules,    168 railroads......  1 document.........  2 hours............               2
 proposed fatigue mitigation
 tools, & determination of
 operational necessity corrected
 document.
--Analysis of certain later        168 railroads......  5 analyses.........  4 hours............              20
 changes in work schedules.
 Follow-up analysis.
--Submission of corrected          168 railroads......  1 document.........  2 hours............               2
 document for FRA disapproved
 work schedule.
--RR development & adoption of     168 railroads......  8 updated written    4 hours............              32
 written fatigue mitigation plan                         plans.
 for any work scheduler
 identified through analysis in
 paragraphs (a) or (d) of this
 section.
--RR consultation with employees   168 railroads......  5 consultations....  2 hours............              10
 on: Work schedules found to be
 at risk for fatigue level that
 compromises safety; railroad's
 selection of fatigue migitation
 tools; and all submissions
 seeking FRA approval.
--Filed statements with FRA by     railroad employees/  2 statements.......  2 hours............               4
 employees and employee             employee
 organizations unable to reach      organizations.
 consensus with railroad on work
 schedules or mitigation tools.
228.411--Developing training       168 railroads......  14 programs........  5 hours............              70
 programs.
--New employees initial training.  168 railroads......  150 employees......  1 hour.............             150
--Refresher training.............  168 railroads......  3,400 trained        1 hour.............           3,400
                                                         employees.
--Records of Training............  168 railroads......  3,550 records......  5 minutes..........             296
--Written Declaration by Tourist   140 railroads......  2 written            1 hour.............               2
 Railroads for Exclusion from                            declarations.
 This Section's Requirements.
--Appendix D: Guidance on fatigue  168 railroads......  2 plans............  10 hours...........              20
 management plan--updated plans.
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    Total Estimated Annual Responses: 27,687,317.
    Total Estimated Annual Burden: 3,514,805 hours.
    Type of Request: Extension of a Currently Approved Collection.

[[Page 13713]]

    Title: Reflectorization of Freight Rolling Stock.
    OMB Control Number: 2130-0566.
    Abstract: FRA issued this regulation to mandate the 
reflectorization of freight rolling stock (using retroreflective 
material on freight cars and locomotives) to enhance the visibility of 
trains to reduce the number and severity of accidents at highway-rail 
grade crossings where visibility was a contributing factor. See 70 FR 
144, Jan. 3, 2005. FRA uses the information collected to verify that 
the railroad person responsible for the car reporting mark is notified 
after the required visual inspection when the freight equipment has 
less than 80 percent of the required retroreflective sheeting present, 
undamaged, or unobscured. Further, FRA uses the information collected 
to verify that the required locomotive records of retroreflective 
sheeting defects found after inspection are kept in the locomotive cab 
or in a railroad accessible electronic database FRA can access upon 
request. Finally, FRA uses the information collected to confirm that 
railroads/car owners meet the prescribed standards for the inspection 
and maintenance of the required retroreflective material.
    Form Number(s): FRA F 6180.113.
    Affected Public: Businesses.
    Respondent Universe: 716 railroads/car owners.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
224.7--Waivers...................  716 railroads/       20 petitions.......  1 hour.............              20
                                    freight car owners.
224.15--Petitions for special      2 manufacturers....  12 petitions.......  40 hours...........             480
 approval of alternative standard.
--Public comment on special        2 manufacturers/     3 comment..........  1 hour.............               3
 approval procedures.               railroads/general
                                    public.
224.109--RR notification to        AAR/300 car shops..  131,619 notices....  2 minutes..........           4,387
 person responsible for reporting
 mark after visual inspection for
 presence and condition when
 freight car on either side has
 less than 80% reflective
 sheeting of the damaged,
 obscured, or missing sheeting.
--locomotives record of freight    716 railroads/       2,471 records......  3 minutes..........             124
 retroreflective sheeting defects   freight car owners
 found after inspection kept in     (24,707
 locomotive cab or in railroad      locomotives).
 accessible electronic database
 that FRA can access upon request.
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    Total Estimated Annual Responses: 134,125.
    Total Estimated Annual Burden: 5,014 hours.
    Type of Request: Revision of a Currently Approved Collection.
    Title: Railroad Safety Appliance Standards.
    OMB Control Number: 2130-0594.
    Abstract: FRA amended the regulations for safety appliance 
arrangements on railroad equipment on April 28, 2011. See 76 FR 23714. 
The amendments are intended to promote the safe placement and 
securement of safety appliances on rail equipment by establishing a 
process for the review and approval of existing industry standards. 
This process permits railroad industry representatives to request 
approval of existing industry standards for the safety appliance 
arrangements on newly constructed railroad cars, locomotives, tenders, 
or other rail vehicles, in lieu of the provisions in 49 CFR part 231. 
This special approval process enhances railroad safety by allowing FRA 
to consider technological advancements and ergonomic design standards 
for new car construction. It ensures that modern rail equipment 
complies with applicable statutory and safety-critical regulatory 
requirements related to safety appliances while providing the 
flexibility to efficiently address safety appliance requirements on new 
designs for railroad cars, locomotives, tenders, or other rail 
vehicles. FRA uses the information collected under this regulation to 
better serve the goal of adapting to changes in modern rail car design 
while facilitating statutory and regulatory compliance.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 734 railroads/labor unions/general public.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
231.33--Procedure for special      AAR (industry rep.)  100 petitions......  160 hours..........          16,000
 approval of existing industry
 safety appliance standards--
 filing of petitions.
--Affirmative statement by         AAR (industry rep.)  100 statements.....  30 minutes.........              50
 petitioner that a petition copy
 has been served on rep. of
 employees responsible for
 equipment's operation/inspection/
 testing/maintenance.
--Service of each special          AAR (industry rep.)  ...................  15 minutes.........             283
 approval petition on parties
 designated in section 231.33(c).
--Statement of interest in         5 rail labor unions/ 1,130 petition       8 hours............           2,400
 reviewing special approval filed   general public.      copies.
 with FRA.
--Comments on petitions for        728 railroads/5      300 statements.....  10 hours...........           1,500
 special approval.                  labor groups/
                                    general public.
--Disposition of petitions:        AAR (industry rep.)  150 comments.......  6 hours............              18
 petition returned by FRA
 requesting additional
 information.

[[Page 13714]]

 
231.35-Procedure for modification  AAR (industry rep.)  24 petitions for     160 hours..........           3,840
 of an approved industry safety                          modification.
 appliance standard for new car
 construction--filing of
 petitions.
--Affirmative statement by         AAR (industry rep.)  24 statements......  30 minutes.........              12
 petitioner that a petition copy
 has been served on rep. of
 employees responsible for
 equipment's operation/inspection/
 testing/maintenance.
--Service of each special          AAR (industry rep.)  2,712 petition.....  2 hours............           5,424
 approval petition on parties
 designated in section 231.35(b).
--Statement of Interest in         5 rail labor unions/ 72 statements......  8 hours............  ..............
 Reviewing Special Approval Filed   general public.
 with FRA.
--Comments on petitions for        744 railroads/5      36 comments........  10 hours...........  ..............
 modification.                      labor unions/
                                    general public.
--FRA review of petition for       AAR (industry rep.)  4 additional         6 hours............              24
 modification; agency objection                          documents.
 and AAR response.
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    Total Estimated Annual Responses: 4,655.
    Total Estimated Annual Burden: 30,487 hours.
    Type of Request: Extension of a Currently Approved Collection.
    Under 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.

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-05048 Filed 3-13-17; 8:45 am]
BILLING CODE 4910-06-P