Proposed Agency Information Collection Activities; Comment Request, 43648-43650 [2019-18031]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[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