[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39152-39154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16880]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-7]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice of Information Collection Request; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces that FRA is forwarding the Information Collection Request 
(ICR) abstracted below to the Office of Management and Budget (OMB) for 
review and comment. The ICR describes the information collections and 
their expected burden. On May 10, 2018, FRA published a notice 
providing a 60-day period for public comment on the ICR.

DATES: Interested persons are invited to submit comments on or before 
September 7, 2018.

ADDRESSES: Submit written comments on the ICR to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street NW, Washington, DC 20503,

[[Page 39153]]

Attention: FRA Desk Officer. Comments may also be sent via email to OMB 
at the following address: [email protected].

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, Room W33-497, 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, Room W34-
212, Washington, DC 20590 (telephone: (202) 493-6132).

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 an ICR. See 44 U.S.C. 3506, 3507; 5 
CFR 1320.8-12. On May 10, 2018, FRA published a 60-day notice in the 
Federal Register soliciting comment on the ICR for which it is now 
seeking OMB approval. See 83 FR 21815 (May 10, 2018). During the 
comment period, on June 4, 2018, counsel for the Association of 
American Railroads asked clarifying questions, on behalf of its member 
railroads, regarding FRA's proposed changes to Section 6 of the 
Quarterly PTC Progress Report (Form FRA F 6180.165) and Annual PTC 
Progress Report (Form FRA F 6180.166). Consistent with the abstract 
below, and FRA's summary in its 60-day notice, FRA confirmed that a 
host railroad may provide its approximate completion dates for 
interoperability testing with each tenant railroad in Section 6 of the 
reporting forms. FRA received no written comments in response to the 
60-day notice.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 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 at 44983. Therefore, 
respondents should submit their respective comments to OMB within 30 
days of publication to best ensure having their full effect.
    Comments are invited on the following ICR regarding: (1) Whether 
the information collection activities are necessary for FRA to properly 
execute its functions, including whether the information 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 to minimize the burden of information 
collection activities on the public, including the use of automated 
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Positive Train Control.
    OMB Control Number: 2130-0553.
    Abstract: 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 system 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, in addition to 
any other information FRA requests. 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), including any FRA-approved amendments. The 
PTCEI Act requires railroads to provide information to FRA that FRA 
determines is necessary to adequately conduct such compliance reviews. 
49 U.S.C. 20157(c)(2).
    Under its statutory and regulatory investigative authorities, FRA 
currently requires, and seeks to continue requiring, each subject 
railroad to submit Quarterly PTC Progress Reports (Form FRA F 6180.165) 
and Annual PTC Progress Reports (Form FRA F 6180.166) on its PTC system 
implementation progress. See 49 U.S.C. 20157(c)(1)-(2); see also 49 
U.S.C. 20107; 49 CFR 236.1009(h).
    Specifically, in addition to the Annual PTC Progress Report (Form 
FRA F 6180.166) due each March 31 under 49 U.S.C. 20157(c)(1), 
railroads must provide quarterly progress reports covering the 
preceding three-month period and submit the forms to FRA on the dates 
in the following table until full PTC system implementation is 
completed:

------------------------------------------------------------------------
                                                         Due dates for
                                    Coverage priod     quarterly reports
------------------------------------------------------------------------
Q1..............................  January 1-March 31  April 30.
Q2..............................  April 1-June 30...  July 31.
Q3..............................  July 1-September    October 31.
                                   30.
Q4..............................  October 1-December  January 31.
                                   31.
------------------------------------------------------------------------

    Each railroad must submit its Quarterly PTC Progress Reports on 
Form FRA F 6180.165 and its Annual PTC Progress Reports on Form FRA F 
6180.166 on FRA's Secure Information Repository at https://sir.fra.dot.gov.

II. Proposed Revisions to the Quarterly and Annual PTC Progress Report 
Forms

    On August 15, 2017, OMB approved the Quarterly PTC Progress Report 
(Form FRA F 6180.165) and Annual PTC Progress Report (Form FRA F 
6180.166) for a period of one year, expiring on August 31, 2018. The 
current Quarterly PTC Progress Report Form and Annual PTC Progress 
Report Form, as approved through August 31, 2018, can be accessed and 
downloaded in FRA's eLibrary at: https://www.fra.dot.gov/eLib/details/L17365 and https://www.fra.dot.gov/eLib/details/L17366, respectively. 
These versions of the forms took into account the Association of 
American Railroads' written comments on behalf of itself and its member 
railroads; the American Public Transportation Association's written 
comments on behalf of Northeast Illinois Commuter Rail System, the Utah 
Transit Authority, the Tri-County Metropolitan Transportation District 
of Oregon, and the Fort Worth Transportation Authority; and industry 
stakeholders' comments during FRA's public meeting on April 19, 2016. 
FRA published minutes from the meeting on www.regulations.gov under 
Docket No. FRA-2016-0002. For a summary of the

[[Page 39154]]

oral and written comments and FRA's responses to the comments, please 
see 81 FR 28140, May 9, 2016.
    Following the above cited 60-day public comment period, FRA is now 
requesting OMB's re-approval of the forms, with the five changes 
described below. First, in Section 1 of the Quarterly PTC Progress 
Report Form (FRA F 6180.165), FRA proposes revising the row 
``Territories Where Revenue Service Demonstration Has Been Initiated'' 
to state ``Territories in Revenue Service Demonstration or in PTC 
Operation'' for clarity, based on additional feedback from the industry 
following OMB's approval of the form on August 15, 2017. FRA intended 
this row to include any and all territories where a railroad had 
initiated revenue service demonstration (RSD), even if a railroad 
subsequently obtained PTC System Certification from FRA and is 
operating its PTC system in revenue service. The purpose of this row is 
to collect information regarding a railroad's progress toward meeting 
the statutory criteria under 49 U.S.C. 20157(a)(3)(B)(vi)-(vii), if 
applicable. Based on feedback from the industry, FRA proposes 
clarifying the language in this row in Section 1 so railroads 
understand that a railroad can include in this row the number of 
territories where its PTC system is in RSD or in operation. This 
proposed change does not result in any additional reporting burden as 
it is only a clarifying change.
    Second, in footnotes 4 and 6 of the Quarterly PTC Progress Report 
Form (FRA F 6180.165), FRA proposes adding a hyperlink to Appendix A. 
The footnotes currently state: ``If a particular category listed in 
this table does not apply to the railroad's technology, please indicate 
`N/A.' A railroad may add categories or subcategories if it wants to 
provide more detail.'' FRA proposes adding the phrase ``in Appendix A'' 
to the second sentence with a hyperlink to that appendix to the form, 
as it will help direct railroads to the available section of the PDF 
where they can provide additional information. A hyperlink to Appendix 
A was in the corresponding footnotes in the prior version of the 
Quarterly PTC Progress Report Form that OMB approved through June 30, 
2017, but the hyperlink was omitted in error from the current version 
of the form. This proposed change (i.e., adding a hyperlink to an 
existing appendix) does not result in any additional reporting burden 
as it is only a formatting change.
    Third, in Section 4 (entitled ``Installation/Track Segment 
Progress--Current Status'') of both the quarterly form and the annual 
form, FRA proposes replacing the ``Testing'' option in the drop-down 
menu with two more precise options--i.e., ``Field Testing'' and 
``Revenue Service Demonstration.'' This modification will help ensure 
clearer and more accurate reporting, without imposing an additional 
reporting burden.
    Fourth, with respect to only the Annual PTC Progress Report Form 
(FRA F 6180.166), FRA proposes to delete a now inapplicable instruction 
from footnote 7 in Section 4, which stated,

Please note: For the Annual PTC Progress Report due by March 31, 
2017, this mandatory geographic requirement (that must be satisfied 
by either completing Column 5 in Section 4 or submitting a GIS 
shapefile as described above) is due to FRA by April 30, 2017. Every 
other part of this form must be completed and submitted to FRA by 
March 31, 2017. This limited extension applies only in 2017.

FRA delayed the due date for submitting that specific information in 
2017 only, per OMB's request, to ensure railroads had sufficient time 
to compile and provide the information. FRA proposes removing that note 
from footnote 7 as it is no longer applicable or necessary. By statute, 
a railroad's Annual PTC Progress Report is due by March 31st each year 
until it completes PTC system implementation. 49 U.S.C. 20157(c)(1).
    Fifth, with respect to both the quarterly form and the annual form, 
FRA proposes making certain changes to Section 6 (entitled ``Update on 
Interoperability Progress''). FRA proposes removing the portion of the 
instruction that states a host railroad must provide information about 
the status of each tenant railroad's rolling stock ``if the tenant does 
not have a separate PTCIP on file.'' FRA proposes removing this 
limiting instruction because FRA needs to know the PTC implementation 
status of any tenant railroad that operates on the host railroad's 
property, except any tenant railroad that is subject to an exception 
under 49 CFR 236.1006(b). In addition, before the final column in the 
table in Section 6, FRA proposes adding a column entitled, ``Scheduled 
Completion Date for Interoperability Testing.'' This information is 
necessary for FRA to understand the progress a host railroad and each 
of its required tenant railroads are jointly making toward testing and 
achieving PTC system interoperability, consistent with host railroad's 
PTC Implementation Plan and/or PTC Safety Plan. FRA estimates the 
additional burden for a host railroad to complete this new reporting 
requirement would be, on average, approximately 2.5 hours for Class I 
railroads and large passenger railroads; 1.25 hours for Class II and 
medium passenger railroads; and thirty minutes for Class III, terminal, 
and small passenger railroads.

III. Overview of Information Collection

    The associated collection of information is summarized below.
    Title: Positive Train Control (Quarterly Positive Train Control 
Progress Report and Annual Positive Train Control Progress Report).
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Businesses (railroads).
    Form(s): FRA F 6180.165 and FRA F 6180.166.
    Respondent Universe: 41 Railroad Carriers.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 147,526.
    Total Estimated Annual Burden: 2,728,528 hours.
    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.

Juan D. Reyes III,
Chief Counsel.
[FR Doc. 2018-16880 Filed 8-7-18; 8:45 am]
 BILLING CODE 4910-06-P