[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18822-18824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08104]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-11]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and comment request.

-----------------------------------------------------------------------

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces FRA is forwarding for renewal the Information Collection 
Request (ICR) abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The ICR describes the information 
collection and its expected burden. On December 21, 2016, FRA published 
a notice providing a 60-day period for public comment on the ICR.

DATES: Comments must be submitted on or before May 22, 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 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 December 21, 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 
93725. On February 21, 2017, FRA received one comment in response to 
the 60-day notice from Mr. Jeffrey S. Hollister, President and CEO of 
American Railcar Industries (ARI), Inc.
    Many of ARI's comments focus on the substantive merits of the 
Railworthiness Directive and Revised Railworthiness Directive 
(collectively RWD or Directive unless stated otherwise) this ICR 
pertains to and FRA's authority to issue the RWD. Because these 
comments are outside the scope of the PRA burden analyzed in this 
notice, and because the RWD is currently the subject of a legal action 
brought by ARI, FRA cannot respond to those comments in this notice. 
Consistent with the PRA, however, FRA is addressing each of ARI's 
comments on the accuracy of FRA's estimates of the burdens of the 
information collection activities associated with the RWD.
    In its comments, ARI expresses the view ``FRA dramatically 
underestimates the burdens created by the information collection 
activities required by the Directive.'' Specifically, ARI alleges FRA's 
burden estimates are too low in the following eight instances:
    (1) To identify the 14,800 tank cars subject to the Directive, FRA 
estimated the total annual burden as 80 hours, but ARI estimates 900 
hours because ``the time calculated to respond to 100 lessees at 4 
hours each is 400 hours, plus FRA failed to account for 500 hours ARI 
already has invested in supporting customer requests for information on 
the application of the Directive to their cars'';
    (2) To visually inspect the 14,800 tank cars prior to each loaded 
trip, FRA estimated the total annual burden as 7,400 hours, but ARI 
estimates 98,667 hours. ARI estimates an average of 20 railcar loadings 
and 20 minutes for each inspection and the associated documentation 
requirements;
    (3) To inspect and test the sump and bottom outlet valve (BOV) skid 
groove attachment welds and maintain record results for over 2,200 tank 
cars, FRA estimates the total annual burden hours as 6,600 hours, but 
ARI estimates 53,200 hours based on the assumption that each inspection 
and test will take 26.5 hours;
    (4) FRA estimated no total annual burden hours for removal of tank 
linings to perform visual inspections on 0 percent of the cars to be 
inspected. ARI estimates 2 hours per car or an additional 1,320 total 
annual burden hours;
    (5) To train and test tank car mechanics who are not qualified on 
non-destructive testing (NDT) procedures and record qualification, FRA 
estimated the total annual burden as 132 hours, but ARI estimates 640 
hours. ARI asserts FRA did not take into account the need to train 100 
inspectors, develop the NDT procedures, or prepare specimens and 
training procedures;
    (6) For tank car notification to all parties of the terms of the 
Directive and inspection/testing schedule, FRA estimated the total 
annual burden as 100 hours, but ARI estimates 8,800 hours. ARI notes 
that ``FRA estimates only 100 notices at one hour each while ARI 
assumes this task requires the development of over 2,200 plans at 4 
hours per car to get each car to a shop, develop a freight plan, shop 
schedule, and out-of-service time'';
    (7) For reports of inspection, test, and repair to FRA, ARI states 
FRA estimated the total annual burden hours as 3,300 hours, but ARI 
estimates 6,600 hours. (FRA notes that, in its approved Emergency 
Clearance submission to OMB, it previously estimated this burden at 
33,600 hours, not the erroneous 3,300 hours in its 60-day December 21, 
2016, Federal Register notice which ARI cited in its comments). ARI 
explains it estimates 3 hours per car/report ``in order to include the 
time ARI spends to review the reports, correct factual errors, store 
results, update the database and provide summaries to the FRA''; and
    (8) For tank car facility requests to tank car owners for written 
permission and approval of qualification and maintenance programs, FRA 
estimated the total annual burden as 7 hours, but ARI estimates 660 
hours for 330 cars (15%) which will require owner's approval and 
instructions prior to repair which will require 2 hours per car.
    After careful consideration of ARI's comments and estimates, FRA 
reviewed its own estimates and either validated its initial estimates 
or adjusted its estimates in light of ARI's comments. As a result, FRA 
now estimates a total annual burden for this ICR in excess of the 
68,953 hours originally approved by OMB on October 18, 2016, in FRA's

[[Page 18823]]

Emergency Clearance submission. FRA's modified burden estimates are as 
follows:
    (1) To identify the railroad tank cars subject to the RWD, FRA 
stands by its original estimate of 20 identifications/reports--one 
report for each of the estimated 20 tank car owners/100 lessees (5 
lessees per tank car owner are included/incorporated in each 
identification/report)--and 80 hours (4 hours per identification/
report). FRA believes ARI's estimate of 900 hours is excessive because 
tank cars built to the ARI or ACF Industries, LLC (ACF) 300 stub sill 
design and subject to the Directive are easily identifiable based upon 
their certificates of construction which all tank car owners are 
required to retain;
    (2) To visually inspect the tank cars prior to each loaded move, 
FRA has revised its previous estimate of 7,400 total annual burden 
hours to 14,529 total burden hours. FRA believes the number of annual 
load moves is 6 and each visual inspection/record takes approximately 
10 minutes to complete, while ARI estimates there are 20 annual load 
moves per year and each visual inspection/record takes 20 minutes to 
complete. To arrive at its total burden of 98,667 hours, ARI more than 
triples the number of annual load moves (20 moves instead of 6 moves) 
and doubles the time to complete each visual inspection/record (20 
minutes instead of 10 minutes). FRA subject matter experts state the 
number of annual load moves is well under 10 and completing the 
required visual inspection/record is not a time consuming process and 
should take significantly less than 20 minutes;
    (3) To inspect and test the sump and BOV skid groove attachment 
welds and maintain record results, FRA has revised its estimate to 
reflect the 2,175 cars subject to this requirement (15 percent of the 
estimated fleet of 14,500 cars subject to the Directive) \1\ and has 
increased its estimate of the average time it takes to complete this 
requirement from 2 hours to 19 hours (i.e., 4 hours for cleaning, 
inbound inspection, and estimating (write-up), plus 3 hours for 
inspection, testing, records preparation for visual and ultrasonic 
testing, plus 12 hours for car repairs). Thus, FRA has raised its 
previous estimate of 6,600 total annual burden hours to 41,325 total 
annual burden hours. FRA's adjusted estimate of 41,325 hours 
approximates the ARI asserted total burden of 53,200 hours. Again, the 
experience of FRA subject matter experts supports this revised number 
as closer to the true burden than either FRA's initial estimate or 
ARI's estimate in its comments;
---------------------------------------------------------------------------

    \1\ FRA recognizes the total fleet of cars subject to this RWD 
is approximately 14,800, but based on written and verbal reports 
provided to FRA to date, FRA understands that 300 cars have already 
been inspected under terms meeting the RWD.
---------------------------------------------------------------------------

    (4) For removal of the tank lining as part of the visual 
inspection/testing/repair requirement, FRA believes it will be 
necessary to remove the tank lining in 435 tank cars to conduct the 
inspections and tests this RWD requires (20% of the 2,175 cars to be 
inspected under this RWD (again, 2,175 is 15% of the estimated total 
fleet subject to the RWD)). In its comments, ARI estimates it will be 
necessary to remove the tank lining in 660 cars (approximately 30 
percent of the cars required to be inspected under this RWD). FRA also 
estimates this process will take an average of 2 hours per car to 
complete. FRA's revised burden total amounts to 870 hours while ARI's 
total burden is 1,320 hours. FRA believes this estimate is closer to 
the actual burden, as supported by the experience of its subject matter 
experts;
    (5) To train and test tank car mechanics who are not qualified on 
NDT procedures and record qualification, FRA has revised its original 
estimate of the total number of individuals who will need such training 
to 90. FRA now estimates it will take approximately 2 hours to train 
each person (for a total annual burden hours of 180 hours). ARI 
estimates 100 individuals will be trained and it will take 
approximately 6.4 hours to complete each person's training (for a total 
annual burden of 640 hours). FRA and ARI are in the same vicinity 
concerning the number of individuals to be trained, but disagree on the 
average time to complete the necessary training. FRA has doubled its 
original average time estimate and believes two hours is more than 
adequate to complete this requirement;
    (6) For tank car notification to all parties of the terms of the 
Directive and inspection/testing schedule, FRA is maintaining its 
estimate of 100 notifications to the affected parties (i.e., tank car 
lessees), but is doubling the average time to complete each 
notification to 2 hours (for a total burden of 200 hours). ARI 
calculates its estimated burden of 8,800 hours to include 2,200 cars 
and 4 hours to complete each required notification. However, ARI 
misinterprets the requirement and applies the notifications to cars 
rather than all parties under contract to tank car owners. 
Consequently, it vastly overestimates the number of notifications. 
ARI's average time estimate of 4 hours per notification is double FRA's 
revised estimate and because it is based on cars, not parties under 
contract to the tank car owners, it is not based on facts and is 
unrealistic;
    (7) For reports of inspection, test, and repair information to FRA, 
FRA already accounted for this burden in its earlier 19-hour estimate 
in (3) above for inspection, testing, repair, and corresponding records 
that totaled 41,325 hours. ARI estimated this burden at 53,200 hours as 
explained in (3) above, but then includes an additional burden here of 
6,600 hours. Thus, ARI has mistakenly double-counted this burden;
    (8) For tank car facility requests to tank car owners for written 
permission and approval of qualification and maintenance programs, FRA 
stands by its original total annual burden estimate of 7 hours (20 
written requests plus 20 written permissions at 10 minutes each). FRA 
believes ARI's estimate of 660 hours misinterprets the requirement. ARI 
includes a written permission by the tank car owner for 330 cars (15% 
of 2,220 cars) rather than for the qualification and maintenance 
program operated by the tank car facility. FRA does not believe it will 
take triple the time (60 minutes as opposed to 20 minutes) to complete 
each written request and triple the time to complete each written 
permission (again 60 minutes as opposed to 20 minutes). Thus, FRA is 
maintaining its original estimate for this requirement;
    (9) For reports by tank car facilities to tank car owners of all 
work performed and all observed damage, deterioration, failed 
components, or noncompliant parts under 49 CFR 180.513, FRA estimates 
there will be 2,175 repair reports/records and it will take 
approximately 12 hours to complete each weld defect repair and 
associated report/record for a total annual burden of 26,100 hours. ARI 
did not state its estimate for this requirement in its comment. 
Nevertheless, based on its stated total burden of 176,092 hours, it 
appears ARI estimated a total of 2,200 reports would be completed with 
an average time of 2.411 hours to complete each repair report/record 
(for a total of 5,305 hours). FRA believes ARI underestimated the time 
necessary to complete repairs for weld defects and the corresponding 
report/record and, thus, the true burden. FRA is once again relying on 
the experience and knowledge of its subject matter experts; and
    (10) Finally, regarding the new exemption provision in the Revised 
Directive, FRA estimates 10 tank car owners will request exemptions 
from all

[[Page 18824]]

or part of the requirements of the RWD for a total of 149 hours (14.9 
hours per petition). Neither FRA nor ARI accounted for this potential 
burden previously.
    Overall, FRA's modified estimates amount to 83,440 hours. For the 
reasons outlined above, FRA believes this revised total is more 
accurate and more reasonable than its original estimates \2\ and ARI's 
estimate of 176,092 hours.
---------------------------------------------------------------------------

    \2\ FRA notes its December 21, 2016, 60-day Federal Register 
notice contained an error in math. The total burden in that notice 
should have been 30,240 hours higher (for a total burden of 53,164 
hours). See 81 FR 93725.
---------------------------------------------------------------------------

    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 this notice's 
publication. 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 this renewal request for clearance by OMB as the PRA 
requires.
    Title: Railworthiness Directive (RWD) RWD 2016-01 [REVISED] 
(previously approved by OMB under the title Railworthiness Directive 
for Certain Tank Cars Equipped with Bottom Outlet Valve Assembly and 
Constructed by American Railcar Industries and ACF Industries).
    OMB Control Number: 2130-0616.
    Abstract: An FRA investigation identified a certain design of 
specification DOT-111 tank cars that ARI and ACF manufactured using 
welding practices not in conformance with Federal regulations and 
Association of American Railroads' welding specifications. The cars are 
built to the ARI and ACF 300 stub sill design and equipped with a two-
piece cast sump and BOV skid. As a result of the non-conforming welding 
practices, these cars may have substantial weld defects at the sump and 
BOV skid groove attachment welds, potentially affecting each tank's 
ability to retain its contents during transportation. On September 30, 
2016, FRA issued the initial RWD. On November 18, 2016, FRA issued a 
Revised Directive. The Revised Directive requires owners to: (1) 
Identify tank cars in their fleet covered by the Directive; and (2) 
ensure appropriate inspection and testing of each tank car's sump and 
BOV skid groove attachment welds to ensure no flaw exists which could 
result in the loss of tank integrity. This ICR applies to the Revised 
Directive.
    Type of Request: Regular clearance of an information collection 
previously approved under emergency processing procedures.
    Affected Public: Businesses (tank car owners, shippers, and tank 
car facilities).
    Form(s): N/A.
    Total Estimated Annual Responses: 92,250.
    Total Estimated Annual Burden: 83,440 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.

    Authority:  44 U.S.C. 3501-3520.

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-08104 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-06-P