Proposed Agency Information Collection Activities; Comment Request, 63272-63275 [2015-26409]

Download as PDF 63272 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Notices 17A(b)(3)(F) of the Act 11 and is reasonably designed to meet the margin, financial resource and governance requirements of Rules 17Ad–22(b)(2), (b)(3) and (d)(8).12 IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act 13 and the rules and regulations thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,14 that the proposed rule change (SR–ICEEU–2015– 010), as modified by Amendment No. 1 thereto be, and hereby is, approved.15 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Robert W. Errett, Deputy Secretary. [FR Doc. 2015–26423 Filed 10–16–15; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14494 Disaster #ZZ– 00011] The Entire United States and U.S. Territories U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of the Military Reservist Economic Injury Disaster Loan Program (MREIDL), dated 10/01/2015. Effective Date: 10/01/2015. MREIDL Loan Application Deadline Date: 1 year after the essential employee is discharged or released from active duty. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration Processing And Disbursement Center 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of Public asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: 11 15 U.S.C. 78q–1(b)(3)(F). CFR 240.17Ad(22)(b)(2), (b)(3) and (d)(8). 13 15 U.S.C. 78q–1. 14 15 U.S.C. 78s(b)(2). 15 In approving the proposed rule change, the Commission considered the proposed rule change’s impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 12 17 VerDate Sep<11>2014 17:52 Oct 16, 2015 Jkt 238001 Law 106–50, the Veterans entrepreneurship and Small Business Development Act of 1999, and the Military Reservist and Veteran Small Business Reauthorization Act of 2008, this notice establishes the application filing period for the Military Reservist Economic Injury Disaster Loan Program (MREIDL). Effective 10/01/2015, small businesses employing military reservists may apply for economic injury disaster loans if those employees are called up to active duty during a period of military conflict or have received notice of an expected call-up, and those employees are essential to the success of the small business daily operations. The purpose of the MREIDL program is to provide funds to an eligible small business to meet its ordinary and necessary operating expenses that it could have met, but is unable to meet, because an essential employee was called-up or expects to be called-up to active duty in his or her role as a military reservist. These loans are intended only to provide the amount of working capital needed by a small business to pay its necessary obligations as they mature until operations return to normal after the essential employee is released from active duty. For information/applications contact 1– 800–659–2955 or visit www.sba.gov. Applications for the Military Reservist Economic Injury Disaster Loan Program may be filed at the above address. The Interest Rate for eligible small businesses is 4.000. The number assigned is 14494 0. (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2015–26043 Filed 10–16–15; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement; Manatee and Hillsborough Counties, Florida Federal Highway Administration (FHWA), DOT. ACTION: Notice of Intent. AGENCY: The FHWA is issuing this notice of cancellation to advise the public that we are no longer preparing an Environmental Impact Statement (EIS) for the proposed Port Manatee Connector in Manatee and Hillsborough SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Counties, Florida. This is formal cancellation of the Notice of Intent that was published in the Federal Register on March 5, 2009. FOR FURTHER INFORMATION CONTACT: Ms. Cathy Kendall, Senior Environmental Specialist, Federal Highway Administration, 3500 Financial Plaza, Suite 400, Tallahassee, Florida 32312; Telephone: (850) 553–2225. SUPPLEMENTARY INFORMATION: The Notice of Intent to prepare an EIS was to improve access between Port Manatee and Interstate 75 (I–75). The Notice of Intent to prepare an EIS is rescinded. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Cathy Kendall, Senior Environmental Specialist, Tallahassee, Florida. [FR Doc. 2015–26443 Filed 10–16–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA 2015–0007–N–26] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking an extension of the following currently approved information collection activities. On May 7, 2014, the Secretary of Transportation issued Emergency Order (EO) Docket No. DOT–OST– 2014–0067 requiring affected railroad carriers to provide certain information to the State Emergency Response Commissions (SERCs) for each State in which their trains carrying 1 million gallons or more of Bakken crude oil travel. The information collection activities associated with the Secretary’s Emergency Order originally received a six-month emergency approval from OMB on May 10, 2014. On July 10, 2015, OMB again approved the information collection activities associated with the Secretary’s Emergency Order until March 31, 2016. FRA is now requesting to continue these SUMMARY: E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Notices information collection activities until the Pipeline and Hazardous Materials Safety Administration (PHMSA) finalizes the Oil Spill Response Proposed Rule that it is currently working on and that will codify the requirements of the Secretary’s Emergency Order. The Secretary’s EO remains in full force and effect until that happens. FRA also hereby announces that it is seeking renewal of the additional currently approved information collection activities described below for the maximum time period (3 years). Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Comments must be received no later than December 18, 2015. ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Information Clearance Officer, Office of Safety, Regulatory Safety Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, Information Clearance Officer, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave. 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 -lll.’’ Alternatively, comments may be transmitted via facsimile to (202) 493– 6216 or (202) 493–6497, or via email to Mr. Brogan at Robert.Brogan@dot.gov, or to Ms. Toone at Kim.Toone@dot.gov. 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. Mr. Robert Brogan, Information Clearance Officer, Office of Safety, Regulatory Safety Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Kimberly Toone, Information Clearance Officer, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) asabaliauskas on DSK5VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:52 Oct 16, 2015 Jkt 238001 493–6132). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 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 respondents to comment on the following summaries of proposed information collection activities regarding: (i) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)–(iv); 5 CFR 1320.8(d)(1)(i)–(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a ‘‘user friendly’’ format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. Below are brief summaries of three currently approved information collection requests that FRA will submit for clearance by OMB as required under the PRA: Title: Secretary of Transportation Emergency Order Docket No. DOT– OST–2014–0067. OMB Control Number: 2130–0604. Abstract: As noted in the summary above, on May 7, 2014, the Secretary of Transportation issued Emergency Order (EO) Docket No. DOT–OST–2014–0067 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 63273 requiring affected railroad carriers to provide certain information to the State Emergency Response Commissions (SERCs) for each State in which their trains carrying 1 million gallons or more of Bakken crude oil travel. This EO is available through the Department’s public docket system at www.regulations.gov, under Docket No. DOT–OST–2014–0067. The EO took effect immediately upon issuance, although affected railroads were permitted 30 days to provide the required information to the SERCs. The EO is the Department’s direct and proactive response to a recent series of train accidents involving the transportation of petroleum crude oil, a hazardous material the transportation of which is regulated by the Department. The most recent accident occurred on April 30, 2014, when a train transporting petroleum crude oil derailed in Lynchburg, Virginia and released approximately 30,000 gallons of its contents into the James River. Further, the EO explains that, with the rising demand for rail transportation of petroleum crude oil throughout the United States, the risk of rail incidents has increased commensurate with the increase in the volume of the material shipped and that there have been several significant derailments in both the U.S. and Canada over the last several months causing deaths and property and environmental damage that involved petroleum crude oil. DOT emergency orders are rare and the EO itself describes the most recent accidents and circumstances leading the agency to issue the EO. The collection of information included under this EO is aimed at ensuring that railroads that transport in a single train a large quantity of petroleum crude oil (1 million gallons or more), particularly crude oil from the Bakken shale formation in the Williston Basin, provide certain information to the relevant SERCs in each State in which the railroad operates such trains. Ensuring that railroads provide this information to SERCs is critical to ensuring that local and State emergency responders are aware of the large quantities of crude oil that are being transported through their jurisdictions and are prepared to respond to accidents involving such trains should they occur. Form Number(s): N/A. Affected Public: Businesses. Frequency of Submission: One-time; on occasion. Respondent Universe: 47 Railroad Carriers; 50 State Emergency Response Commissions (SERCs). Reporting Burden: E:\FR\FM\19OCN1.SGM 19OCN1 63274 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Notices Emergency order item No. Respondent universe Total annual responses Average time per response (1) RR Notification to SERCs ............................................ (2) Updated RR Notification to SERCs ............................. 47 railroads ...... 47 railroads ...... 30 hours ........... 4 hours ............. 3,600 100 (3) Notification Copies to FRA .......................................... (4) Requests to RRs by SERCs for Information from Local Emergency Response Agencies Regarding the Volume and Frequency of Train Traffic Implicated by this Emergency Order within that Agency’s Jurisdiction and RR Responses. (5) Petitions to the Secretary/FRA Administrator for Relief from This Emergency Order. 47 railroads ...... 47 railroads ...... 120 written notifications ......... 25 updated written notifications. 20 notification copies ............. 30 informational assistance requests + 30 informational responses. 10 minutes ........ 30 minutes ........ 5 60 47 railroads ...... 4 relief petitions ..................... 2 hours ............. 8 Total Estimated Responses: 229. Total Estimated Annual Burden: 3,773 hours. Status: Extension of a currently approved information collection. Title: Ballast Defects and Conditions– Importance of Identification and Repair in Preventing Development of Unsafe Combinations of Track Conditions. OMB Control Number: 2130–0614. Abstract: FRA issued Safety Advisory 2015–04 on August 20, 2015, to emphasize the importance of timely repairing ballast defects and conditions on main tracks. FRA published Safety Advisory 2015–04 in the Federal Register on August 26, 2015. See 80 FR 51868. In the Safety Advisory, FRA noted that ballast defects and ballast conditions that are not repaired in a timely manner can lead to future defects. FRA believes it is important for track inspectors to be aware that ballast defects and conditions can cause track components to deteriorate rapidly and compromise the stability of the track structure, and that inspectors are trained to identify and repair ballast defects and conditions. This safety advisory recommends that track owners and railroads: (1) Assess current engineering instructions on ballast safety and update them to provide specific guidance to track inspectors (designated personnel that are qualified to inspect and repair track) on how to identify and initiate remedial action under 49 CFR 213.233(d) for ballast defects and conditions, as well as on the appropriate remedial action to implement, particularly in areas with one or more additional track conditions; (2) train track inspectors on the updated engineering instructions and this safety advisory to ensure they understand how to identify and initiate remedial action Respondent universe Safety advisory 2015–04 asabaliauskas on DSK5VPTVN1PROD with NOTICES (1) RR Assessment and Update of Engineering Instruc- 754 Railroads ... tions to provide Guidance to Its Track Inspectors on How to Identify and Repair Ballast Defects and Other Ballast Conditions. (2) RR Training of Its Track Inspectors on Updated Engi- 754 Railroads ... neering Instructions and FRA Safety Advisory 2015–04. Form Number(s): N/A. Respondent Universe: 754 Railroads. Frequency of Submission: One-time; on occasion. Total Estimated Annual Responses: 10,200. Total Estimated Annual Burden: 10,200 hours. Status: Regular Review. Title: Disqualification Proceedings. OMB Control Number: 2130–0529. Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue orders disqualifying railroad employees, including supervisors, managers, and other agents, from performing safetysensitive service in the rail industry for violations of safety rules, regulations, standards, orders, or laws evidencing VerDate Sep<11>2014 17:52 Oct 16, 2015 Jkt 238001 Frm 00082 Fmt 4703 for ballast defects and conditions in a timely manner, and understand the importance of such remedial action in preventing the development of unsafe combinations of track conditions; and (3) ensure that supervisors provide adequate oversight of track inspectors to achieve identification and remediation of ballast defects and other track conditions. FRA is seeking regular Clearance of this information collection request that was previously approved under Emergency Processing procedures on September 9, 2015. Form Number(s): N/A. Affected Public: Businesses. Frequency of Submission: One-time; on occasion. Respondent Universe: 754 Track owners/Railroads. Reporting Burden: Total annual responses Average time per response 100 assessments + 100 engineering instruction updates. 60 minutes ........ 200 10,000 trained track inspectors/records. 60 minutes ........ 10,000 unfitness. FRA’s regulations, 49 CFR part 209, subpart D, implement the statutory provision by requiring (i) a railroad employing or formerly employing a disqualified individual to disclose the terms and conditions of a disqualification order to the individual’s new or prospective employing railroad; (ii) a railroad considering employing an individual in a safety-sensitive position to ask the individual’s previous employing railroad whether the individual is currently serving under a disqualification order; and (iii) a disqualified individual to inform his new or prospective employer of the disqualification order and provide a copy of the same. Additionally, the regulations prohibit a railroad from PO 00000 Total annual burden hours Sfmt 4703 Total annual burden hours employing a person serving under a disqualification order to work in a safety-sensitive position. This information serves to inform a railroad whether an employee or prospective employee is currently disqualified from performing safety-sensitive service based on the issuance of a disqualification order by FRA. Furthermore, it prevents an individual currently serving under a disqualification order from retaining and obtaining employment in a safetysensitive position in the rail industry. Form Number(s): N/A. Affected Public: Railroad Employees. Respondent Universe: 40,000 Locomotive Engineers. Total Responses: 3. E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Notices Estimated Total Annual Burden: 5 hours. Status: Extension of a currently approved collection. Pursuant to 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. Issued in Washington, DC on October 13, 2015. Corey Hill, Acting Executive Director. [FR Doc. 2015–26409 Filed 10–16–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0135; Notice 2] General Motors, LLC, Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of Petition. AGENCY: General Motors, LLC (GM) has determined that certain model year (MY) 2013–2014 Chevrolet Express, GMC Savana, Chevrolet Silverado HD and GMC Sierra HD compressed natural gas (CNG) multipurpose passenger vehicles (MPVs) and trucks manufactured between May 20, 2012, and September 25, 2013, do not comply with the lettering height requirement in paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) FMVSS No. 303, Fuel System Integrity of Compressed Natural Gas Vehicles. GM has filed an appropriate report dated November 25, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. ADDRESSES: For further information on this decision, contact Mr. Ed Chan, Office of Vehicle Safety Compliance, at the National Highway Traffic Safety Administration (NHTSA) by telephone at (202) 493–0335. SUPPLEMENTARY INFORMATION: I. GM’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), GM submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:52 Oct 16, 2015 Jkt 238001 noncompliance is inconsequential to motor vehicle safety. The agency published a notice of receipt of the petition, with a 30-day public comment period, on March 11, 2014 in the Federal Register (79 FR 13735). No comments were received. To view the petition, and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2013– 0135.’’ II. Vehicles Involved: Affected are approximately 2,247 MY 2013–2014 Chevrolet Express, GMC Savana, Chevrolet Silverado HD and GMC Sierra HD compressed natural gas (CNG) MPVs and trucks manufactured between May 20, 2012, and September 25, 2013. III. Noncompliance: GM explains that the noncompliance is an error on the vehicle CNG labels. Specifically, the lettering height on the labels is 2.5 mm, instead of the minimum 4.76 mm, as required by paragraph S5.3 of FMVSS No. 303. IV. Rule Text: Paragraph S5.3 of FMVSS No. 303 requires: S5.3 Each CNG vehicle shall be permanently labeled, near the vehicle refueling connection, with the information specified in S5.3.1 and S5.3.2 of this section. The information shall be visible to a person standing next to the vehicle during refueling, in English, and in letters and numbers that are not less than 4.76 mm (3⁄16 inch) high. S5.3.1 The statement: ‘‘Service pressure __kPa (__psig).’’ S5.3.2 The statement ‘‘See instructions on fuel container for inspection and service life.’’ V. Summary of GM’s Analyses: GM stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: A. The information on the subject CNG labels is correct and entirely legible. Paragraph S5.4 of FMVSS No. 303 requires that the information required for the label also be included in the owner’s manual using ‘‘. . . not less than 10 point type.’’ The 2.5 mm lettering height on the subject labels is 10 point type, i.e., the same lettering size as what is specified for the owner’s manual content. The 10 point type that is legible for purposes of the owner’s manual is also legible on the labels installed at the CNG filler port. B. The subject CNG label is an ‘‘information’’ label, not a ‘‘warning’’ label. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 63275 The subject label is not a ‘‘warning’’ label and does not warn the user of a safety related risk or consequence. Even if the user does not read the label information due to the font size, the user will not miss information about a safety risk. C. The label font size does not create a risk of misfueling. Even if the user fails to read the information label due to the reduced font size, there would be no adverse safety consequence. The service pressure of the subject CNG tanks is 3,600 psi. There is no risk of overpressuring these tanks since CNG filling stations are required to shutoff at 3,600 psi, per ANSI/IAS NGV 4.2–1999 CSA 12.52–M99(R09). Accordingly, there is no risk of a fuel leak. Even if the shutoff function on a filling station were to malfunction, all CNG tanks on the affected vehicles are equipped with pressure-relief devices designed to deploy at 5,400 psi, which is below the burst pressure of the tank itself. With regard to under-pressure (underfill) potential, all affected vehicles are equipped with a CNG fuel gauge in the instrument cluster to inform the driver of the fuel level. While some drivers may estimate the driving range associated with a full fill, most drivers typically rely on fuel gauges, not anticipated range, to determine when to refuel. Some CNG filling stations, primarily in Canada, are designed to shutoff at 3,000 psi, which is below the 3,600 psi service pressure of the affected CNG tanks. However, regardless of whether the CNG tanks on the affected vehicles start out full (3,600 psi) or 83% full (3,000 psi), the driver has ample opportunity to monitor the fuel gauge and refuel prior to the CNG being depleted. Additionally, the owner manual instructs that ‘‘the fuel gauge has been calibrated to display full at approximately 24,800 kPa (3,600 psi) . . .’’ Finally, there is no risk that a customer would attempt to fuel the CNG tanks from a conventional gasoline pump. The fueling nozzle and filling port for CNG are completely distinct from the corresponding nozzle and port used for gasoline, and the distinctions are obvious. In the extraordinary event that a user attempted to connect a conventional gasoline nozzle to the CNG fueling valve, it would be immediately apparent that the mismatched gasoline nozzle does not attach to or work with the CNG valve. GM also asserts that owners and operators of CNG vehicles (the large majority being fleet purchasers) are well aware that their vehicles use a non-conventional fuel, E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63272-63275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26409]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-26]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking an extension of the following 
currently approved information collection activities. On May 7, 2014, 
the Secretary of Transportation issued Emergency Order (EO) Docket No. 
DOT-OST-2014-0067 requiring affected railroad carriers to provide 
certain information to the State Emergency Response Commissions (SERCs) 
for each State in which their trains carrying 1 million gallons or more 
of Bakken crude oil travel. The information collection activities 
associated with the Secretary's Emergency Order originally received a 
six-month emergency approval from OMB on May 10, 2014. On July 10, 
2015, OMB again approved the information collection activities 
associated with the Secretary's Emergency Order until March 31, 2016. 
FRA is now requesting to continue these

[[Page 63273]]

information collection activities until the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) finalizes the Oil Spill 
Response Proposed Rule that it is currently working on and that will 
codify the requirements of the Secretary's Emergency Order. The 
Secretary's EO remains in full force and effect until that happens. FRA 
also hereby announces that it is seeking renewal of the additional 
currently approved information collection activities described below 
for the maximum time period (3 years). Before submitting these 
information collection requirements for clearance by the Office of 
Management and Budget (OMB), FRA is soliciting public comment on 
specific aspects of the activities identified below.

DATES: Comments must be received no later than December 18, 2015.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Information 
Clearance Officer, Office of Safety, Regulatory Safety Analysis 
Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, 
Information Clearance Officer, Office of Information Technology, RAD-
20, Federal Railroad Administration, 1200 New Jersey Ave. 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 -___.'' 
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or (202) 493-6497, or via email to Mr. Brogan at 
Robert.Brogan@dot.gov, or to Ms. Toone at Kim.Toone@dot.gov. 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 
Clearance Officer, Office of Safety, Regulatory Safety Analysis 
Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. 
SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or 
Ms. Kimberly Toone, Information Clearance Officer, Office of 
Information Technology, RAD-20, Federal Railroad Administration, 1200 
New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: 
(202) 493-6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 
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 
for comment on information collection activities before seeking 
approval for reinstatement or renewal by OMB. 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 respondents to comment on the following summaries of 
proposed information collection activities regarding: (i) Whether the 
information collection activities are necessary for FRA to properly 
execute its functions, including whether the activities will have 
practical utility; (ii) 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; (iii) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (iv) ways for FRA to minimize the burden of 
information collection activities on the public by automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 
1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will 
promote its efforts to reduce the administrative and paperwork burdens 
associated with the collection of information mandated by Federal 
regulations. In summary, FRA reasons that comments received will 
advance three objectives: (i) Reduce reporting burdens; (ii) ensure 
that it organizes information collection requirements in a ``user 
friendly'' format to improve the use of such information; and (iii) 
accurately assess the resources expended to retrieve and produce 
information requested. See 44 U.S.C. 3501.
    Below are brief summaries of three currently approved information 
collection requests that FRA will submit for clearance by OMB as 
required under the PRA:
    Title: Secretary of Transportation Emergency Order Docket No. DOT-
OST-2014-0067.
    OMB Control Number: 2130-0604.
    Abstract: As noted in the summary above, on May 7, 2014, the 
Secretary of Transportation issued Emergency Order (EO) Docket No. DOT-
OST-2014-0067 requiring affected railroad carriers to provide certain 
information to the State Emergency Response Commissions (SERCs) for 
each State in which their trains carrying 1 million gallons or more of 
Bakken crude oil travel. This EO is available through the Department's 
public docket system at www.regulations.gov, under Docket No. DOT-OST-
2014-0067. The EO took effect immediately upon issuance, although 
affected railroads were permitted 30 days to provide the required 
information to the SERCs. The EO is the Department's direct and 
proactive response to a recent series of train accidents involving the 
transportation of petroleum crude oil, a hazardous material the 
transportation of which is regulated by the Department. The most recent 
accident occurred on April 30, 2014, when a train transporting 
petroleum crude oil derailed in Lynchburg, Virginia and released 
approximately 30,000 gallons of its contents into the James River. 
Further, the EO explains that, with the rising demand for rail 
transportation of petroleum crude oil throughout the United States, the 
risk of rail incidents has increased commensurate with the increase in 
the volume of the material shipped and that there have been several 
significant derailments in both the U.S. and Canada over the last 
several months causing deaths and property and environmental damage 
that involved petroleum crude oil. DOT emergency orders are rare and 
the EO itself describes the most recent accidents and circumstances 
leading the agency to issue the EO. The collection of information 
included under this EO is aimed at ensuring that railroads that 
transport in a single train a large quantity of petroleum crude oil (1 
million gallons or more), particularly crude oil from the Bakken shale 
formation in the Williston Basin, provide certain information to the 
relevant SERCs in each State in which the railroad operates such 
trains. Ensuring that railroads provide this information to SERCs is 
critical to ensuring that local and State emergency responders are 
aware of the large quantities of crude oil that are being transported 
through their jurisdictions and are prepared to respond to accidents 
involving such trains should they occur.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 47 Railroad Carriers; 50 State Emergency 
Response Commissions (SERCs).
    Reporting Burden:

[[Page 63274]]



----------------------------------------------------------------------------------------------------------------
                                                           Total annual      Average time  per     Total annual
   Emergency order item No.      Respondent  universe       responses             response         burden hours
----------------------------------------------------------------------------------------------------------------
(1) RR Notification to SERCs..  47 railroads..........  120 written        30 hours.............           3,600
                                                         notifications.
(2) Updated RR Notification to  47 railroads..........  25 updated         4 hours..............             100
 SERCs.                                                  written
                                                         notifications.
(3) Notification Copies to FRA  47 railroads..........  20 notification    10 minutes...........               5
                                                         copies.
(4) Requests to RRs by SERCs    47 railroads..........  30 informational   30 minutes...........              60
 for Information from Local                              assistance
 Emergency Response Agencies                             requests + 30
 Regarding the Volume and                                informational
 Frequency of Train Traffic                              responses.
 Implicated by this Emergency
 Order within that Agency's
 Jurisdiction and RR Responses.
(5) Petitions to the Secretary/ 47 railroads..........  4 relief           2 hours..............               8
 FRA Administrator for Relief                            petitions.
 from This Emergency Order.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 229.
    Total Estimated Annual Burden: 3,773 hours.
    Status: Extension of a currently approved information collection.
    Title: Ballast Defects and Conditions-Importance of Identification 
and Repair in Preventing Development of Unsafe Combinations of Track 
Conditions.
    OMB Control Number: 2130-0614.
    Abstract: FRA issued Safety Advisory 2015-04 on August 20, 2015, to 
emphasize the importance of timely repairing ballast defects and 
conditions on main tracks. FRA published Safety Advisory 2015-04 in the 
Federal Register on August 26, 2015. See 80 FR 51868. In the Safety 
Advisory, FRA noted that ballast defects and ballast conditions that 
are not repaired in a timely manner can lead to future defects. FRA 
believes it is important for track inspectors to be aware that ballast 
defects and conditions can cause track components to deteriorate 
rapidly and compromise the stability of the track structure, and that 
inspectors are trained to identify and repair ballast defects and 
conditions. This safety advisory recommends that track owners and 
railroads: (1) Assess current engineering instructions on ballast 
safety and update them to provide specific guidance to track inspectors 
(designated personnel that are qualified to inspect and repair track) 
on how to identify and initiate remedial action under 49 CFR 213.233(d) 
for ballast defects and conditions, as well as on the appropriate 
remedial action to implement, particularly in areas with one or more 
additional track conditions; (2) train track inspectors on the updated 
engineering instructions and this safety advisory to ensure they 
understand how to identify and initiate remedial action for ballast 
defects and conditions in a timely manner, and understand the 
importance of such remedial action in preventing the development of 
unsafe combinations of track conditions; and (3) ensure that 
supervisors provide adequate oversight of track inspectors to achieve 
identification and remediation of ballast defects and other track 
conditions.
    FRA is seeking regular Clearance of this information collection 
request that was previously approved under Emergency Processing 
procedures on September 9, 2015.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.
    Respondent Universe: 754 Track owners/Railroads.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                           Total annual      Average time  per     Total annual
    Safety advisory 2015-04      Respondent  universe       responses             response         burden hours
----------------------------------------------------------------------------------------------------------------
(1) RR Assessment and Update    754 Railroads.........  100 assessments +  60 minutes...........             200
 of Engineering Instructions                             100 engineering
 to provide Guidance to Its                              instruction
 Track Inspectors on How to                              updates.
 Identify and Repair Ballast
 Defects and Other Ballast
 Conditions.
(2) RR Training of Its Track    754 Railroads.........  10,000 trained     60 minutes...........          10,000
 Inspectors on Updated                                   track inspectors/
 Engineering Instructions and                            records.
 FRA Safety Advisory 2015-04.
----------------------------------------------------------------------------------------------------------------

    Form Number(s): N/A.
    Respondent Universe: 754 Railroads.
    Frequency of Submission: One-time; on occasion.
    Total Estimated Annual Responses: 10,200.
    Total Estimated Annual Burden: 10,200 hours.
    Status: Regular Review.
    Title: Disqualification Proceedings.
    OMB Control Number: 2130-0529.
    Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue 
orders disqualifying railroad employees, including supervisors, 
managers, and other agents, from performing safety-sensitive service in 
the rail industry for violations of safety rules, regulations, 
standards, orders, or laws evidencing unfitness. FRA's regulations, 49 
CFR part 209, subpart D, implement the statutory provision by requiring 
(i) a railroad employing or formerly employing a disqualified 
individual to disclose the terms and conditions of a disqualification 
order to the individual's new or prospective employing railroad; (ii) a 
railroad considering employing an individual in a safety-sensitive 
position to ask the individual's previous employing railroad whether 
the individual is currently serving under a disqualification order; and 
(iii) a disqualified individual to inform his new or prospective 
employer of the disqualification order and provide a copy of the same. 
Additionally, the regulations prohibit a railroad from employing a 
person serving under a disqualification order to work in a safety-
sensitive position. This information serves to inform a railroad 
whether an employee or prospective employee is currently disqualified 
from performing safety-sensitive service based on the issuance of a 
disqualification order by FRA. Furthermore, it prevents an individual 
currently serving under a disqualification order from retaining and 
obtaining employment in a safety-sensitive position in the rail 
industry.
    Form Number(s): N/A.
    Affected Public: Railroad Employees.
    Respondent Universe: 40,000 Locomotive Engineers.
    Total Responses: 3.

[[Page 63275]]

    Estimated Total Annual Burden: 5 hours.
    Status: Extension of a currently approved collection.
    Pursuant to 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.

    Issued in Washington, DC on October 13, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-26409 Filed 10-16-15; 8:45 am]
 BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.