[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85721-85722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26956]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-35]


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 Request (ICR) summarized below to the Office 
of Management and Budget (OMB) for review and comment. The ICR 
describes the information collection and its expected burden. On 
September 25, 2023, FRA published a notice providing a 60-day period 
for public comment on the ICR. FRA received no comments in response to 
the notice.

DATES: Interested persons are invited to submit comments on or before 
January 8, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (571) 609-1285; or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (757) 897-9908.

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 September 25, 2023, FRA 
published a 60-day notice in the Federal Register soliciting public

[[Page 85722]]

comment on the ICR for which it is now seeking OMB approval. See 88 FR 
65765. FRA has received no comments related to the proposed collection 
of information.
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30-days' notice 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. 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: Rail Integrity and Track Safety Standards.\1\
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    \1\ Title corrected to reflect the full name in OMB's database.
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    OMB Control Number: 2130-0010.
    Abstract: The Track Safety Standards regulations under 49 CFR part 
213 prescribes minimum safety requirements for railroad track that is 
part of the general railroad system of transportation. FRA uses this 
information collection to ensure and enhance rail safety by monitoring 
complete compliance with all regulatory requirements. While the 
requirements prescribed in this part generally apply to specific track 
conditions existing in isolation, a combination of track conditions, 
none of which individually amounts to a deviation from the requirements 
in this part, may require remedial action to provide safe operations 
over that track. Qualified persons inspect track and take action to 
allow safe passage of trains and ensure compliance with the prescribed 
standards.
    In 2020, FRA published a final rule \2\ revising the minimum safety 
requirements for railroad track. The changes included allowing 
inspection of rail using continuous rail testing; allowing the use of 
flange-bearing frogs in crossing diamonds; relaxing the guard check 
gage limits on heavy-point frogs used in Class 5 track; removing an 
inspection-method exception for high density commuter lines; and other 
miscellaneous revisions.
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    \2\ 85 FR 63362, Oct. 7, 2020.
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    In addition, in 2011, FRA promulgated a rule \3\ mandating specific 
requirements for effective concrete crossties, for rail fastening 
systems connected to concrete crossties, and for automated inspections 
of track constructed with concrete crossties. These requirements 
supplement visual inspections by Class I and Class II railroads, 
intercity passenger railroads, and commuter railroads.\4\
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    \3\ 76 FR 18073, Apr. 1, 2011.
    \4\ To more effectively manage FRA's ICRs, the concrete crosstie 
ICR, OMB Control No. 2130-0592, has been combined with that of track 
safety standards, OMB Control No. 2130-0010, in this renewal cycle.
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    Type of Request: Revision of a currently approved collection.\5\
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    \5\ The 60-day notice incorrectly categorized the type of 
request as an ``Extension without change (with changes in estimates) 
of a currently approved collection.'' Since OMB Control Nos. 2130-
0010 and 2130-0592 are combined in this ICR, the type of request, 
corrected in this 30-day notice, is a ``Revision of a currently 
approved collection.'' (OMB Control No. 2130-0592 will be 
discontinued once OMB Control No. 2130-010 is cleared.)
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    Affected Public: Businesses (railroads).
    Form(s):
    Respondent Universe: 784.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 1,432,181.
    Total Estimated Annual Burden: 234,294 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$20,131,107.
    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 that does not display a currently valid OMB control 
number.
    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023-26956 Filed 12-7-23; 8:45 am]
BILLING CODE 4910-06-P