[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43648-43650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18031]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2019-0004-N-12]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the 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 June
14, 2019, FRA published a notice providing a 60-day period for public
comment on the ICRs.
DATES: Interested persons are invited to submit comments on or before
September 20, 2019.
ADDRESSES: Submit written comments on the ICRs 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].
FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, 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 Information Technology, 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 paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On June 14, 2019, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICRs for which it is now seeking OMB approval. See 84 FR 27833. FRA
received and reviewed the comments submitted in response to this
notice.
On August 7, 2019, Ms. Sarah Yurasko, of the Association of
American Railroads (AAR) sent a comment on behalf of its member
railroads regarding FRA's Crossing Inventory renewal information
collection (Part 234; OMB No. 2130-0017). Ms. Yurasko noted that AAR
and its member railroads ``have worked diligently with FRA since the
2015 publication of the Highway-Rail Crossing Inventory Final Rule to
ensure that the information reported via the U.S. Crossing Inventory
forms is accurate.'' She noted that ``both railroads and State entities
access the site to report information under their respective purviews,
and unfortunately, there have been several instances in which a state
has over-written railroad-provided information in one of the railroad
fields.'' She observed that such errors lead to confusion,
administrative burden to remediate, and ``potential FRA enforcement
activity.'' AAR and its member railroads are urging FRA to amend its
system to lock-off designated sections of the U.S. DOT Crossing
Inventory Form to the railroad, and other designated sections to the
state entity. Ms. Yurasko advocated that there are several sections of
the Inventory Form which both the railroad and the state entity should
be able to modify and that, in these instances, ``the form should allow
all parties to see who made the most recent update to the information
in the form.'' Ms. Yurasko included a color-coded copy of the Inventory
Form (FRA F 6180.71) to illustrate the categorization of fields that
railroads and the state entity would each complete.
The accuracy and reliability of the data that railroads and state
entities provide on the FRA Inventory Form is vital to FRA and to its
mission of promoting and enhancing national rail safety, particularly
at grade crossings. Before FRA issued the Crossing Inventory final rule
in 2015, FRA solicited comment and feedback on sections of the
Inventory Form that the railroads and state entities would complete.
Accordingly, in its March 29, 2013, comments on the proposed Crossing
Inventory rule, AAR recommended FRA limit access to certain specified
data fields to either the railroad or state entity to prevent
submission of erroneous information by the other entity. The Crossing
Inventory system is designed to allow users to view previously
submitted Inventory Forms, which can then be used to determine when
revised Inventory Forms were submitted and whether the railroad or
state entity submitted them. However, FRA will consider Ms. Yurasko's
recommendations on behalf of the AAR and its member railroads to lock
certain sections of the Inventory Form to prevent over-writing by
another entity.
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 44983, Aug. 29, 1995.
[[Page 43649]]
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 ICRs 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 summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: U.S. DOT Crossing Inventory.
OMB Control Number: 2130-0017.
Abstract: On January 6, 2015, FRA published in the Federal Register
a final rule that requires railroads that operate one or more trains
through highway-rail or pathway crossings to submit information to the
U.S. DOT National Highway-Rail Crossing Inventory about the crossings
through which they operate.\1\ See 80 FR 746. These amendments,
mandated by section 204 of the Rail Safety Improvement Act of 2008,
require railroads to submit information about previously unreported and
new highway-rail and pathway crossings to the U.S. DOT National
Highway-Rail Crossing Inventory and to periodically update existing
crossing data.
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\1\ This final rule was subsequently amended on June 10, 2016,
in response to a petition for reconsideration submitted by the
Association of American Railroads. See 81 FR 37521.
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Type of Request: Extension with change (revised estimates) of a
current information collection.
Affected Public: Businesses (railroads), States, and the District
of Columbia (DC).
Form(s): FRA F 6180.71.
Respondent Universe: 692 railroads, 50 States and DC.
Frequency of Submission: On occasion/monthly.
Reporting Burden: \2\
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\2\ After an internal agency review, FRA updated the PRA
estimates.
\3\ Based on Bureau of Labor Statistics (BLS) data, FRA is using
an average hourly wage rate of $74 per hour for State employees to
determine the dollar equivalent cost of estimated burden hours.
Based on the 2017 American Association publication, Railroad Facts,
FRA is using an average hourly wage rate of $77 per hour for
professional/administrative to determine the same dollar equivalent
costs. All hourly wage rates included 75 percent overhead costs.
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Total annual
Average time per Total annual burden hour
CFR section Respondent universe Total annual responses response burden hours dollar cost
equivalent \3\
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234.403(a), (b), (c), (e)(3)-- 51 States/DC & 692 railroads.... 1,495 forms..................... 30 minutes.......... 748 $55,352
Submission of data to the
U.S. DOT Highway-Rail
Crossing Inventory:
Completion of inventory form.
--Mass update lists of 51 States/DC & 692 railroads.... 67 lists (1,081 records)........ 30 minutes.......... 34 2,516
designated data submitted by
railroads/states.
--Excel lists of submitted 51 States/DC & 692 railroads.... 750 lists (110,238 records)..... 15 minutes.......... 188 13,912
data.
--Changes/corrections to 51 States/DC & 692 railroads.... 134,719 records................. 3 minutes........... 6,736 498,464
Crossing Inventory data
submitted via API computer
program.
--Written requests by states/ 51 States/DC & 692 railroads.... 5 requests...................... 15 minutes.......... 1 74
railroads for FRA Crossing
Inventory Guide.
(d)--Reporting Crossing 51 States/DC & 692 railroads.... 15 notices...................... 30 minutes.......... 8 592
Inventory data by state
agencies on behalf of
railroads: Written notices to
FRA.
(e)(1)--Consolidated reporting 692 railroads................... 250 notices..................... 30 minutes.......... 125 9,625
by parent corporation on
behalf of its subsidiary
railroads: Written notice to
FRA.
(e)(2)--Immediate notification 692 railroads................... 75 notices...................... 30 minutes.......... 38 2,926
to FRA by parent corporation
of any changes in the list of
subsidiary railroads for
which it reports.
234.405(a)(1)--Initial 692 railroads................... 300 provided assigned inventory 5 minutes........... 25 1,925
submission of previously numbers.
unreported highway-rail and
pathway crossings through
which they operate by primary
operating railroads:
Providing assigned crossing
inventory number to each
railroad that operates one or
more trains through crossing.
--Primary operating railroad 692 railroads................... 200 assigned numbers............ 5 minutes........... 17 1,309
providing assigned inventory
number to other (2) railroads
operating through crossing.
(c)--Duty of all operating 692 railroads................... 200 assigned numbers............ 20 minutes.......... 67 5,159
railroads: Notification to
FRA of previously unreported
crossing through which it
operates.
(d)--Primary operating 692 railroads................... 70 written requests............. 2 minutes........... 2 154
railroad copy to FRA of its
written request to State
agency for State-maintained
crossing data.
--Copies of primary operating 692 railroads................... 75 written requests............. 2 minutes........... 3 231
railroad written request to
other operating railroads.
234.407(a)--Submission of 692 railroads................... 50 assigned inventory numbers... 5 minutes........... 4 308
initial data to the Crossing
Inventory for new Crossings:
Primary operating railroad
assignment of Inventory
number to each new highway-
rail or pathway crossing
through which it operates.
--Providing assigned inventory 692 railroads................... 50 assigned inventory numbers... 5 minutes........... 4 308
numbers for new highway-rail
and pathway crossings through
which they operate by primary
operating railroads to each
railroad that operates one or
more trains through the
crossing.
[[Page 43650]]
234.411(a)(ii)--Notification/ 692 railroads................... 400 notices/reports............. 15 minutes.......... 100 7,700
report by railroad to primary
operating railroad of sale of
all or part of a highway-rail
or pathway on or after June
10, 2016.
234.413(a & b)--Recordkeeping-- 692 railroads................... 350 duplicate copies............ 1 minute............ 6 462
RR Duplicate copy of each
inventory form submitted in
hard copy to the Crossing
Inventory.
--Copy of electronic 692 railroads................... 134,719 copies.................. 5 seconds........... 187 14,399
confirmation received from
FRA after electronic
submission of crossing data
to Crossing Inventory.
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Total Estimated Annual Responses: 384,292.
Total Estimated Annual Burden: 8,293 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$615,416.
Title: Special Notice for Repairs.
OMB Control Number: 2130-0504.
Abstract: Under 49 CFR part 216, FRA and State inspectors may issue
a Special Notice for Repairs to notify a railroad in writing of an
unsafe condition involving a locomotive, car, or track. The railroad
must notify FRA in writing when the equipment is returned to service or
the track is restored to a condition permitting operations at speeds
authorized for a higher class, specifying the repairs completed. FRA
and State inspectors use this information to remove from service
freight cars, passenger cars, and locomotives until they can be
restored to a serviceable condition. They also use this information to
reduce the maximum authorized speed on a section of track until repairs
can be made.
Type of Request: Extension with change (revised estimates) of a
current information collection.
Affected Public: Businesses (railroads).
Form(s): FRA F 6180.8; FRA F 6180.8A.
Respondent Universe: 741 railroads.
Frequency of Submission: On occasion.
Total Estimated Annual Responses: 57.
Total Estimated Annual Burden: 16 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,232.
Title: Bridge Safety Standards.
OMB Control Number: 2130-0586.
Abstract: The Fixing America's Surface Transportation Act (FAST
Act) (Pub. L. 114-94, Dec. 4, 2015), 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 are to be filed with the Secretary of Transportation, the
responsibility for fulfilling these requests is delegated to FRA. See
49 CFR 1.89.
FRA's currently approved information collection accounts for the
burden that will be incurred by States and political subdivisions of
States requesting a public version of a bridge inspection report
generated by a railroad for a bridge located within their respective
jurisdiction. FRA developed a Form titled ``Bridge Inspection Report
Public Version Request Form'' to facilitate such requests by States and
their political subdivisions. FRA accounts for the burden that will be
incurred by railroads to provide the public version of a bridge
inspection report upon agency request to FRA.
As background, FRA's final rule on bridge safety standards, 49 CFR
part 237, normalized and established federal requirements for railroad
bridges. See 75 FR 41281 (July 15, 2010). The final rule established
minimum requirements to assure the structural integrity of railroad
bridges and to protect the safe operation of trains over those bridges.
The information collected is used by FRA to ensure that railroads/track
owners meet Federal standards for bridge safety and comply with all the
requirements of this regulation. In particular, the collection of
information is used by FRA to confirm that railroads/track owners adopt
and implement bridge management programs to properly inspect, maintain,
modify, and repair all bridges that carry trains for which they are
responsible. Railroads/track owners must conduct annual inspections of
railroad bridges as well as special inspections, which must be carried
out if natural or accidental events cause conditions that warrant such
inspections. Further, railroads/track owners must incorporate
provisions for internal audit into their bridge management programs and
must conduct internal audits of bridge inspection reports. The internal
audit information is used by railroads/track owners to verify that 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 that railroads/track owners implement safe and
effective bridge management and inspection programs.
Type of Request: Extension with change (revised estimates) of a
current information collection.
Affected Public: Businesses (railroads) and States, DC, and
political subdivisions).
Form(s): FRA F 6180.167.
Respondent Universe: 741 railroads/50 States and DC/200 political
subdivisions.
Frequency of Submission: On occasion/monthly.
Total Estimated Annual Responses: 16,037.
Total Estimated Annual Burden: 4,857 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$334,299.
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.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019-18031 Filed 8-20-19; 8:45 am]
BILLING CODE 4910-06-P