Proposed Agency Information Collection Activities; Comment Request, 47551-47554 [2023-15626]
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
auctions offered by other options
exchanges. As noted herein, several of
the proposed enhancements to the
Auction—i.e., concurrent auctions for
larger-sized agency orders, inclusion of
an AuctionID on Request for Responses
and the option to include an AuctionID
on GTX Orders, a fixed duration during
which auction responses are submitted,
and the ability to designate an optional
Surrender Quantity— are currently
offered on other options exchanges and
the addition of these features would
make the Exchange a more competitive
venue for price improvement auctions.
The proposed functionality may lead to
an increase in Exchange volume and
should allow the Exchange to better
compete against other options markets
that already offer similar price
improvement mechanisms and for this
reason the proposal does not create an
undue burden on intermarket
competition. By contrast, not having the
proposed functionality places the
Exchange at a competitive disadvantage
vis-a`-vis other exchanges that offer
similar price improvement mechanisms.
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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 175 and Rule
19b–4(f)(6) thereunder.176 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
175 15
176 17
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 177 of the Act
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
NYSEAMER–2023–35 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–NYSEAMER–2023–35. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
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U.S.C. 78s(b)(2)(B).
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subject to copyright protection. All
submissions should refer to file number
SR–NYSEAMER–2023–35 and should
be submitted on or before August 14,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.178
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–15575 Filed 7–21–23; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–23]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of withdrawal;
reissuance of information collection;
request for comment.
AGENCY:
On July 5, 2023, FRA
published a 30-day notice of
information collection; request for
comment in the Federal Register. FR
Doc. 2023–08413. Due to technical
issues as the result of which FRA did
not receive two timely-filed comment
letters until after the comment period
closed, FRA is withdrawing the July 5,
2023, notice of information collection;
request for comment and re-issuing the
30-day notice to address the two
additional comments. Accordingly, this
notice supersedes the July 5, 2023,
notice.
SUMMARY:
Interested persons are invited to
submit comments on or before August
23, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection request (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:
arlette.mussington@dot.gov or
telephone: (571) 609–1285 or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
DATES:
178 17
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joanne.swafford@dot.gov 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 April 21, 2023,
FRA published a 60-day notice in the
Federal Register soliciting public
comment on the ICR for which it is now
seeking Office of Management and
Budget (OMB) approval. See 88 FR
24657. On July 5, 2023, FRA published
a 30-day notice in the Federal Register,
88 FR 42999. Due to technical issues in
which FRA did not receive two timelyfiled comment letters until after the
comment period closed, FRA is
withdrawing the July 5, 2023, notice of
information collection; request for
comment and re-issuing it to address the
two additional comment letters.1 In
addition, FRA has made adjustments to
the total number of responses and
burden hours in the PRA table that was
previously published in the 60-day
notice. At this time, FRA is forwarding
the ICR to OMB for review and
comment.2
In a letter dated June 20, 2023, The
President of the Transportation Trades
Department, AFL–CIO (TTD), expressed
strong support for this ICR. TTD noted
that FRA’s proposed collection of
information concerning train lengths, in
feet, and number of crew members
aboard a controlling locomotive
involved in an accident at the time of
such accident would bring FRA into
compliance with the mandate in the
Infrastructure Investment and Jobs Act
(IIJA). TTD requests that FRA amend
Form FRA F 6180.54 by adding this
information on a permanent basis and
by incorporating it into a location on the
form. Additionally, TTD recommends
that FRA take the additional step of
collecting information about train
weight distribution, number of buffer
cars between cars containing hazardous
1 On July 5, 2023, FRA published a 30-day notice,
88 FR 42999, that discussed and responded to one
comment letter, 88 FR 24657. FRA was made aware
of two additional, timely-filed comment letters that
were received after the close of the 60-day comment
period. FRA is withdrawing and re-issuing the 30day notice to summarize and incorporate the two
comment letters. For completeness, FRA will also
re-print its summary and response to the third
comment letter discussed in the July 5, 2023,
notice.
2 Once alerted to the fact that FRA received two
additional comment letters and that FRA planned
to withdraw and re-issue a 30-day notice, DOT did
not certify or forward the supporting materials for
OMB review.
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materials, crew member locations,
presence of distributed power units, and
synchronous or asynchronous operating
modes.
FRA is taking TTD’s suggestions
under advisement and may incorporate
some or all of the suggested information
at a future date. Additionally, FRA is
reviewing and considering updates to
the data collected on the Form FRA F
6180.54, and TTD’s suggestions will be
considered for inclusion in a future
version of the form.
In a comment letter dated June 20,
2023, the Association of American
Railroads (AAR) raised several
concerns. AAR asserts that FRA uses an
artificially low monetary reporting
threshold and its failure to incorporate
the latest data decreases the utility of
the reporting process. While FRA
appreciates AAR’s concern, this
comment does not fall within the scope
of the current ICR concerning the
proposed paperwork burdens associated
with accident/incident reporting and
recordkeeping and thus, will not be
addressed here.
AAR also asserts that FRA
underestimates the amount of time
required to gather information on crew
size and train length because railroads,
at a minimum, need to run separate
reports and conduct searches to find
this information. In response to AAR’s
feedback, FRA reviewed the estimate for
the average time each railroad will need
to provide information on crew size and
train length in Special Study Blocks 49a
and 49b. FRA disagrees with AAR’s
conclusion that railroads need more
time to collect this information because
the reporting data is readily available to
railroads at the onset of the accident.
Accordingly, FRA’s estimate for the
average time per response and the
resulting estimated paperwork burden
will remain unchanged.
AAR also notes that the IIJA limits the
time period for the information
collection to four years as opposed to
FRA’s proposed five years. After further
consideration, FRA is revising its
collection plan and proposes to collect
this information for a projected fouryear period in conformance with the
time period set out by the IIJA.
However, as FRA noted in response to
TTD’s suggestion of a permanent
collection, FRA is reviewing and
considering updates to the data
collected on the FRA F 6180.54 form.
AAR also requests that FRA clarify
reporting requirements for Special
Study Blocks 49a and 49b and notes that
in the FRA Guide for Preparing
Accident/Incident Reports, Special
Study Block 49a is currently used to
report the type of track an accident
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occurred on and in Special Study Block
49b, FRA has instructed railroads to
provide information related to the
number of cars carrying crude oil. In
response to this feedback, FRA will
modify the instructions for the Special
Study Blocks on its website.
Additionally, updates to the FRA Guide
for Preparing Accident/Incident Reports
are in progress.
AAR’s final assertion is that FRA’s
delayed action undermines its existing
train crew size rulemaking activities.
While FRA appreciates this feedback, it
does not fall within the scope of the
current ICR concerning the paperwork
burdens associated with accident/
incident reporting and recordkeeping
and thus, will not be addressed here.
The Chief Economist of the Bureau of
Economic Analysis (BEA) sent an
electronic letter dated May 30, 2023,
expressing BEA’s strong support for
FRA’s continued collection of data on
the Accident/Incident Reporting and
Recordkeeping forms. The Chief
Economist noted that the data collected
on these forms are crucial to key
components of BEA’s economic
analyses and requested that FRA keep
BEA informed of any modifications to
these forms.
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. This ICR responds to the
information collection mandate in
section 22421(b) of the IIJA and also
provides routine updates to 49 CFR part
225’s overall ICR renewal.
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
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
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: Accident/Incident Reporting
and Recordkeeping.
OMB Control Number: 2130–0500.
Abstract: The railroad accident/
incident reporting regulations in 49 CFR
part 225 require railroads to submit
reports summarizing collisions,
derailments, and certain other
accidents/incidents involving damages
above a periodically revised dollar
threshold, as well as certain injuries to
passengers, employees, and other
persons on railroad property. As the
reporting requirements and the
information needed regarding each
category of accident/incident are
unique, a different form is used for each
category.
In response to the mandate in IIJA
section 22421,3 FRA intends to utilize
Form FRA F 6180.54 Special Study
Blocks 49a and 49b to collect the
following information for a projected
four-year period: (1) the length of the
involved trains, in feet, and (2) the
number of crew members who were
aboard a controlling locomotive
involved in an accident at the time of
such accident. This modification
produces a minimal additional burden
with respect to what is already being
reported, as FRA estimates that the
utilization of the Special Study Blocks
will require an additional 2 minutes to
complete, for a total average burden
time of approximately 2 hours and 2
minutes per form, adding an additional
57 hours to the overall collection
request.
Additionally, in this 30-day notice,
FRA adjusts its estimated paperwork
burden for the total number of responses
and total burden hours to correct two
calculation errors. Specifically, FRA
updates the total number of responses
from 85,570 to 88,176 and the total
numbers of burden hours from 30,283 to
30,284 hours.
Specifically, under § 225.19(d), FRA
expects submissions will decrease
significantly from 11,636 hours to 7,040
hours due to a reduction in the number
of injuries reported in the last two years.
There is no change in the method of
collection; this is a routine update for
this 3-year ICR renewal period.
Type of Request: Revision of a
currently approved collection.
Affected Public: Businesses
Form(s): FRA F 6180.54; .55; .55a; .56;
.57; .78; .81; .97; .98; .107; .150.
Respondent Universe: 784 railroads.
Frequency of Submission: On
occasion.
REPORTING BURDEN
Respondent
universe
CFR section
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225.6(a)—Consolidated reporting—Request to FRA by parent
corporation to treat its commonly controlled carriers as a
single railroad carrier for purposes of this part.
784 railroads ........
Total annual
responses
Average time
per response
Total annual
burden hours
Total cost
equivalent in
U.S. dollar
(A)
(B)
(C = A * B)
(D = C *
wage rates) 4
0.33 requests ..............
40.00 hours ..........
—(b) Written agreement by parent corporation with FRA
on specific subsidiaries included in its railroad system.
The burden for this requirement is included in § 225.6(a).
—(c) Notification by parent corporation regarding any
change in the subsidiaries making up its railroad system and amended written agreement with FRA.
The burden for this requirement is included in § 225.6(a).
225.9—Telephonic reports of certain accidents/incidents and
other events.
225.11—Reporting of accidents/incidents—Form FRA F
6180.54 (IIJA created an additional burden of 2 minutes to
what is already being reported.).
225.12(a)—Rail equipment accident/incident reports alleging
human factor as cause—Form FRA F 6180.81.
—(b) Part I Form FRA F 6180.78 (Notices) .....................
—(c) Joint operations ........................................................
—(d) Late identification .....................................................
784 railroads ........
784 railroads ........
—(g) Employee statement supplementing railroad accident report (Part II Form FRA 6180.78).
—(g)(3) Employee confidential letter ................................
Railroad employees.
Railroad employees.
784 railroads ........
225.13(A)—Late reports—RR discovery of improperly omitted
report of accident/incident.
—(B) RR late/amended report of accident/incident based
on employee statement supplementing RR accident
report.
225.18(a)—RR narrative report of possible alcohol/drug involvement in accident/incident.
—(b) Reports required by § 219.209(b) appended to rail
equipment accident/incident report.
225.19(a)—Rail-highway grade crossing accident/incident report—Form FRA F 6180.57.
3 Specifically, IIJA section 22421(b) requires FRA
to update Special Study Block 49 on Form FRA F
6180.54, for a period of four years, to collect
information on: (1) the number of cars and length
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784 railroads ........
PO 00000
$1,028.41
647.25
50,427.25
3,454.63
269,150.22
784 railroads ........
2,589.00 phone reports.
1,699.00 forms ...........
784 railroads ........
732.00 forms ..............
15.00 minutes .......
183.00
14,257.53
784 railroads ........
800 notices + 800 notice copies + 3,200
copies + 10 copies.
73.00 reports ..............
20 attachments + 20
notices.
60.00 statements ........
10 minutes + 3
minutes.
333.83
26,008.70
20.00 minutes .......
10.00 minutes .......
24.00
6.67
1,869.84
519.66
1.50 hours ............
90.00
7,011.90
5.00 letters ..................
2.00 hours ............
10.00
779.10
50.00 late reports .......
2.00 hours ............
100.00
7,791.00
784 railroads ........
20 amended reports +
30 copies.
1 hour + 3 minutes
21.50
1,675.07
784 railroads ........
12.00 reports ..............
15.00 minutes .......
3.00
233.73
784 railroads ........
5.00 reports ................
30.00 minutes .......
2.50
194.78
784 railroads ........
2,161.50 forms ...........
2.00 hours ............
4,323.00
336,804.93
of trains involved in an accident/incident; and (2)
the number of crew members who were aboard a
controlling locomotive involved in an accident at
the time of such accident. Railroads are already
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15.00 minutes .......
13.20
2 hours + 2 minutes.
required to report the number of cars in the consist
of a train involved in an accident on Form FRA F
6180.54, Field 35.
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
REPORTING BURDEN—Continued
Total annual
responses
Average time
per response
Total annual
burden hours
Total cost
equivalent in
U.S. dollar
(A)
(B)
(C = A * B)
(D = C *
wage rates) 4
784 railroads ........
7,040.00 forms ...........
1.00 hour ..............
7,040.00
548,486.40
784 railroads ........
9,408.00 forms ...........
10.00 minutes .......
1,568.00
122,162.88
784 railroads ........
784.00 forms ..............
15.00 minutes .......
196.00
15,270.36
784 railroads ........
4,000.00 forms ...........
1.00 hour ..............
4,000.00
311,640.00
784 railroads ........
784 railroads ........
3.60 form copies .........
10,194.00 forms .........
2.00 minutes .........
30.00 minutes .......
0.12
5,097.00
9.35
397,107.27
Respondent
universe
CFR section
—(d) Death, injury, or occupational illness (Form FRA F
6180.55a).
225.21—Railroad injury and illness summary—Form FRA F
6180.55.
225.21—Annual railroad report of employee hours and casualties, by state—Form FRA F 6180.56.
225.21/25—Railroad employee injury and/or illness record—
Form FRA F 6180.98.
—Copies of forms to employees .......................................
225.21—Initial rail equipment accident/incident record—Form
FRA F 6180.97.
—Completion of Form FRA F 6180.97 because of rail
equipment involvement.
FRA anticipates zero railroad submissions during this 3-year ICR period.
—Alternative record for illnesses claimed to be work related—Form FRA F 6180.107.
—Highway User Statement—RR cover letter and Form
FRA F 6180.150 sent out to potentially injured travelers involved in a highway-rail grade crossing accident/incident.
—Form FRA F 6180.150 completed by highway user
and sent back to railroad.
225.25(h)—Posting of monthly summary .................................
225.27(a)(1)—Retention of records ..........................................
—Record of Form FRA F 6180.107s ................................
150.00 forms ..............
75.00 minutes .......
187.50
14,608.13
784 railroads ........
721.00 letters/forms ....
50.00 minutes .......
600.83
46,810.67
117 injured individuals.
784 railroads ........
784 railroads ........
117.00 forms ..............
45.00 minutes .......
87.75
6,836.60
9,408.00 lists ..............
7,500.00 records ........
5.00 minutes .........
2.00 minutes .........
784.00
250.00
61,081.44
19,477.50
The estimated paperwork burden for this requirement is included in 225.21 (Alternative record for illnesses claimed to be work related).
—Record of Monthly Lists .................................................
(a)(2)—Record of Form FRA F 6180.97 ..................................
—Record of employee human factor attachments ...........
225.33—Internal Control Plans—Amendments .......................
225.35—Access to records and reports ...................................
784
784
784
784
784
225.37(a)—Optical media transfer of reports, updates, and
amendments.
FRA anticipates zero submissions during this 3-year ICR period.
(c)(2)—Electronic submission of reports, updates, and
amendments.
784 railroads ........
4,704.00 submissions
784 railroads ........
88,176 responses .......
Totals 5 .......................................................................
Total Estimated Annual Responses:
88,176.
Total Estimated Annual Burden:
30,284 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $2,359,310.
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.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023–15626 Filed 7–21–23; 8:45 am]
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784 railroads ........
BILLING CODE 4910–06–P
4 The dollar equivalent cost is derived from the
2021 Surface Transportation Board Full Year Wage
A&B data series using the appropriate employee
group hourly wage rage that includes a 75 percent
overhead charge.
5 Totals may not add due to rounding.
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Jkt 259001
railroads
railroads
railroads
railroads
railroads
........
........
........
........
........
9,408.00 records ........
10,194.00 records ......
1,464.00 records ........
10.00 amendments .....
784.00 lists .................
DEPARTMENT OF THE TREASURY
Bureau of the Fiscal Service
Privacy Act of 1974; Matching Program
Bureau of the Fiscal Service,
Department of the Treasury.
ACTION: Notice of a new matching
program.
AGENCY:
Pursuant to the Privacy Act of
1974, as amended, and the Office of
Management and Budget (OMB)
Guidelines on the Conduct of Matching
Programs, notice is hereby given of the
conduct of the Bureau of the Fiscal
Service, Do Not Pay (DNP) Computer
Matching Program.
DATES: Comments on this matching
notice must be received no later than 30
days after date of publication in the
Federal Register. If no public comments
are received during the period allowed
for comment, the new agreement will be
effective August 23, 2023, provided it is
SUMMARY:
PO 00000
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2.00 minutes .........
2.00 minutes .........
2.00 minutes .........
6.00 hours ............
20.00 minutes .......
313.60
339.80
48.80
60.00
261.33
24,432.58
26,473.82
3,802.01
4,674.60
20,360.22
3.00 minutes .........
235.20
18,324.43
N/A .......................
30,284
2,359,310
a minimum of 30 days after the
publication date.
Beginning and ending dates: The
matches are conducted on an ongoing
basis in accordance with the terms of
the DNP Computer Matching Agreement
in effect with each participant as
approved by the applicable Data
Integrity Board(s). The term of these
agreements is expected to cover the 36
months period, (approximately July 24,
2023, to July 23, 2026). Ninety days
prior to expiration of the agreement, the
parties to the agreement may request a
three-year extension in accordance with
5 U.S.C. 552a(o)(2)(D).
ADDRESSES: Comments may be sent by
email to David.Ambrose@
fiscal.treasury.gov or by mail to the
Bureau of the Fiscal Service,
Information and Security Services;
ATTN: David J. Ambrose, Chief Security
Officer/Chief Privacy Officer, Bureau of
the Fiscal Service, 3201 Pennsy Drive,
Building E, Landover, MD 20785.
E:\FR\FM\24JYN1.SGM
24JYN1
]]>Agencies
[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47551-47554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15626]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-23]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of withdrawal; reissuance of information collection;
request for comment.
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SUMMARY: On July 5, 2023, FRA published a 30-day notice of information
collection; request for comment in the Federal Register. FR Doc. 2023-
08413. Due to technical issues as the result of which FRA did not
receive two timely-filed comment letters until after the comment period
closed, FRA is withdrawing the July 5, 2023, notice of information
collection; request for comment and re-issuing the 30-day notice to
address the two additional comments. Accordingly, this notice
supersedes the July 5, 2023, notice.
DATES: Interested persons are invited to submit comments on or before
August 23, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection request (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:
[[Page 47552]]
[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 April 21, 2023, FRA
published a 60-day notice in the Federal Register soliciting public
comment on the ICR for which it is now seeking Office of Management and
Budget (OMB) approval. See 88 FR 24657. On July 5, 2023, FRA published
a 30-day notice in the Federal Register, 88 FR 42999. Due to technical
issues in which FRA did not receive two timely-filed comment letters
until after the comment period closed, FRA is withdrawing the July 5,
2023, notice of information collection; request for comment and re-
issuing it to address the two additional comment letters.\1\ In
addition, FRA has made adjustments to the total number of responses and
burden hours in the PRA table that was previously published in the 60-
day notice. At this time, FRA is forwarding the ICR to OMB for review
and comment.\2\
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\1\ On July 5, 2023, FRA published a 30-day notice, 88 FR 42999,
that discussed and responded to one comment letter, 88 FR 24657. FRA
was made aware of two additional, timely-filed comment letters that
were received after the close of the 60-day comment period. FRA is
withdrawing and re-issuing the 30-day notice to summarize and
incorporate the two comment letters. For completeness, FRA will also
re-print its summary and response to the third comment letter
discussed in the July 5, 2023, notice.
\2\ Once alerted to the fact that FRA received two additional
comment letters and that FRA planned to withdraw and re-issue a 30-
day notice, DOT did not certify or forward the supporting materials
for OMB review.
---------------------------------------------------------------------------
In a letter dated June 20, 2023, The President of the
Transportation Trades Department, AFL-CIO (TTD), expressed strong
support for this ICR. TTD noted that FRA's proposed collection of
information concerning train lengths, in feet, and number of crew
members aboard a controlling locomotive involved in an accident at the
time of such accident would bring FRA into compliance with the mandate
in the Infrastructure Investment and Jobs Act (IIJA). TTD requests that
FRA amend Form FRA F 6180.54 by adding this information on a permanent
basis and by incorporating it into a location on the form.
Additionally, TTD recommends that FRA take the additional step of
collecting information about train weight distribution, number of
buffer cars between cars containing hazardous materials, crew member
locations, presence of distributed power units, and synchronous or
asynchronous operating modes.
FRA is taking TTD's suggestions under advisement and may
incorporate some or all of the suggested information at a future date.
Additionally, FRA is reviewing and considering updates to the data
collected on the Form FRA F 6180.54, and TTD's suggestions will be
considered for inclusion in a future version of the form.
In a comment letter dated June 20, 2023, the Association of
American Railroads (AAR) raised several concerns. AAR asserts that FRA
uses an artificially low monetary reporting threshold and its failure
to incorporate the latest data decreases the utility of the reporting
process. While FRA appreciates AAR's concern, this comment does not
fall within the scope of the current ICR concerning the proposed
paperwork burdens associated with accident/incident reporting and
recordkeeping and thus, will not be addressed here.
AAR also asserts that FRA underestimates the amount of time
required to gather information on crew size and train length because
railroads, at a minimum, need to run separate reports and conduct
searches to find this information. In response to AAR's feedback, FRA
reviewed the estimate for the average time each railroad will need to
provide information on crew size and train length in Special Study
Blocks 49a and 49b. FRA disagrees with AAR's conclusion that railroads
need more time to collect this information because the reporting data
is readily available to railroads at the onset of the accident.
Accordingly, FRA's estimate for the average time per response and the
resulting estimated paperwork burden will remain unchanged.
AAR also notes that the IIJA limits the time period for the
information collection to four years as opposed to FRA's proposed five
years. After further consideration, FRA is revising its collection plan
and proposes to collect this information for a projected four-year
period in conformance with the time period set out by the IIJA.
However, as FRA noted in response to TTD's suggestion of a permanent
collection, FRA is reviewing and considering updates to the data
collected on the FRA F 6180.54 form.
AAR also requests that FRA clarify reporting requirements for
Special Study Blocks 49a and 49b and notes that in the FRA Guide for
Preparing Accident/Incident Reports, Special Study Block 49a is
currently used to report the type of track an accident occurred on and
in Special Study Block 49b, FRA has instructed railroads to provide
information related to the number of cars carrying crude oil. In
response to this feedback, FRA will modify the instructions for the
Special Study Blocks on its website. Additionally, updates to the FRA
Guide for Preparing Accident/Incident Reports are in progress.
AAR's final assertion is that FRA's delayed action undermines its
existing train crew size rulemaking activities. While FRA appreciates
this feedback, it does not fall within the scope of the current ICR
concerning the paperwork burdens associated with accident/incident
reporting and recordkeeping and thus, will not be addressed here.
The Chief Economist of the Bureau of Economic Analysis (BEA) sent
an electronic letter dated May 30, 2023, expressing BEA's strong
support for FRA's continued collection of data on the Accident/Incident
Reporting and Recordkeeping forms. The Chief Economist noted that the
data collected on these forms are crucial to key components of BEA's
economic analyses and requested that FRA keep BEA informed of any
modifications to these forms.
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. This ICR responds to the information collection mandate in
section 22421(b) of the IIJA and also provides routine updates to 49
CFR part 225's overall ICR renewal.
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
[[Page 47553]]
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: Accident/Incident Reporting and Recordkeeping.
OMB Control Number: 2130-0500.
Abstract: The railroad accident/incident reporting regulations in
49 CFR part 225 require railroads to submit reports summarizing
collisions, derailments, and certain other accidents/incidents
involving damages above a periodically revised dollar threshold, as
well as certain injuries to passengers, employees, and other persons on
railroad property. As the reporting requirements and the information
needed regarding each category of accident/incident are unique, a
different form is used for each category.
In response to the mandate in IIJA section 22421,\3\ FRA intends to
utilize Form FRA F 6180.54 Special Study Blocks 49a and 49b to collect
the following information for a projected four-year period: (1) the
length of the involved trains, in feet, and (2) the number of crew
members who were aboard a controlling locomotive involved in an
accident at the time of such accident. This modification produces a
minimal additional burden with respect to what is already being
reported, as FRA estimates that the utilization of the Special Study
Blocks will require an additional 2 minutes to complete, for a total
average burden time of approximately 2 hours and 2 minutes per form,
adding an additional 57 hours to the overall collection request.
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\3\ Specifically, IIJA section 22421(b) requires FRA to update
Special Study Block 49 on Form FRA F 6180.54, for a period of four
years, to collect information on: (1) the number of cars and length
of trains involved in an accident/incident; and (2) the number of
crew members who were aboard a controlling locomotive involved in an
accident at the time of such accident. Railroads are already
required to report the number of cars in the consist of a train
involved in an accident on Form FRA F 6180.54, Field 35.
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Additionally, in this 30-day notice, FRA adjusts its estimated
paperwork burden for the total number of responses and total burden
hours to correct two calculation errors. Specifically, FRA updates the
total number of responses from 85,570 to 88,176 and the total numbers
of burden hours from 30,283 to 30,284 hours.
Specifically, under Sec. 225.19(d), FRA expects submissions will
decrease significantly from 11,636 hours to 7,040 hours due to a
reduction in the number of injuries reported in the last two years.
There is no change in the method of collection; this is a routine
update for this 3-year ICR renewal period.
Type of Request: Revision of a currently approved collection.
Affected Public: Businesses
Form(s): FRA F 6180.54; .55; .55a; .56; .57; .78; .81; .97; .98;
.107; .150.
Respondent Universe: 784 railroads.
Frequency of Submission: On occasion.
Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total cost
CFR section Respondent universe Total annual responses Average time per response Total annual equivalent in
burden hours U.S. dollar
(A).......................... (B)...................... (C = A * B) (D = C *
wage rates) \4\
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225.6(a)--Consolidated reporting-- 784 railroads............ 0.33 requests................ 40.00 hours.............. 13.20 $1,028.41
Request to FRA by parent
corporation to treat its commonly
controlled carriers as a single
railroad carrier for purposes of
this part.
---------------------------------------------------------------------------------------------------------------------
--(b) Written agreement by The burden for this requirement is included in Sec. 225.6(a).
parent corporation with FRA
on specific subsidiaries
included in its railroad
system.
---------------------------------------------------------------------------------------------------------------------
--(c) Notification by parent The burden for this requirement is included in Sec. 225.6(a).
corporation regarding any
change in the subsidiaries
making up its railroad system
and amended written agreement
with FRA.
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225.9--Telephonic reports of 784 railroads............ 2,589.00 phone reports....... 15.00 minutes............ 647.25 50,427.25
certain accidents/incidents and
other events.
225.11--Reporting of accidents/ 784 railroads............ 1,699.00 forms............... 2 hours + 2 minutes...... 3,454.63 269,150.22
incidents--Form FRA F 6180.54
(IIJA created an additional
burden of 2 minutes to what is
already being reported.).
225.12(a)--Rail equipment accident/ 784 railroads............ 732.00 forms................. 15.00 minutes............ 183.00 14,257.53
incident reports alleging human
factor as cause--Form FRA F
6180.81.
--(b) Part I Form FRA F 784 railroads............ 800 notices + 800 notice 10 minutes + 3 minutes... 333.83 26,008.70
6180.78 (Notices). copies + 3,200 copies + 10
copies.
--(c) Joint operations........ 784 railroads............ 73.00 reports................ 20.00 minutes............ 24.00 1,869.84
--(d) Late identification..... 784 railroads............ 20 attachments + 20 notices.. 10.00 minutes............ 6.67 519.66
--(g) Employee statement Railroad employees....... 60.00 statements............. 1.50 hours............... 90.00 7,011.90
supplementing railroad
accident report (Part II Form
FRA 6180.78).
--(g)(3) Employee confidential Railroad employees....... 5.00 letters................. 2.00 hours............... 10.00 779.10
letter.
225.13(A)--Late reports--RR 784 railroads............ 50.00 late reports........... 2.00 hours............... 100.00 7,791.00
discovery of improperly omitted
report of accident/incident.
--(B) RR late/amended report 784 railroads............ 20 amended reports + 30 1 hour + 3 minutes....... 21.50 1,675.07
of accident/incident based on copies.
employee statement
supplementing RR accident
report.
225.18(a)--RR narrative report of 784 railroads............ 12.00 reports................ 15.00 minutes............ 3.00 233.73
possible alcohol/drug involvement
in accident/incident.
--(b) Reports required by Sec. 784 railroads............ 5.00 reports................. 30.00 minutes............ 2.50 194.78
219.209(b) appended to rail
equipment accident/incident
report.
225.19(a)--Rail-highway grade 784 railroads............ 2,161.50 forms............... 2.00 hours............... 4,323.00 336,804.93
crossing accident/incident
report--Form FRA F 6180.57.
[[Page 47554]]
--(d) Death, injury, or 784 railroads............ 7,040.00 forms............... 1.00 hour................ 7,040.00 548,486.40
occupational illness (Form
FRA F 6180.55a).
225.21--Railroad injury and 784 railroads............ 9,408.00 forms............... 10.00 minutes............ 1,568.00 122,162.88
illness summary--Form FRA F
6180.55.
225.21--Annual railroad report of 784 railroads............ 784.00 forms................. 15.00 minutes............ 196.00 15,270.36
employee hours and casualties, by
state--Form FRA F 6180.56.
225.21/25--Railroad employee 784 railroads............ 4,000.00 forms............... 1.00 hour................ 4,000.00 311,640.00
injury and/or illness record--
Form FRA F 6180.98.
--Copies of forms to employees 784 railroads............ 3.60 form copies............. 2.00 minutes............. 0.12 9.35
225.21--Initial rail equipment 784 railroads............ 10,194.00 forms.............. 30.00 minutes............ 5,097.00 397,107.27
accident/incident record--Form
FRA F 6180.97.
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--Completion of Form FRA F FRA anticipates zero railroad submissions during this 3-year ICR period.
6180.97 because of rail
equipment involvement.
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--Alternative record for 784 railroads............ 150.00 forms................. 75.00 minutes............ 187.50 14,608.13
illnesses claimed to be work
related--Form FRA F 6180.107.
--Highway User Statement--RR 784 railroads............ 721.00 letters/forms......... 50.00 minutes............ 600.83 46,810.67
cover letter and Form FRA F
6180.150 sent out to
potentially injured travelers
involved in a highway-rail
grade crossing accident/
incident.
--Form FRA F 6180.150 117 injured individuals.. 117.00 forms................. 45.00 minutes............ 87.75 6,836.60
completed by highway user and
sent back to railroad.
225.25(h)--Posting of monthly 784 railroads............ 9,408.00 lists............... 5.00 minutes............. 784.00 61,081.44
summary.
225.27(a)(1)--Retention of records 784 railroads............ 7,500.00 records............. 2.00 minutes............. 250.00 19,477.50
---------------------------------------------------------------------------------------------------------------------
--Record of Form FRA F The estimated paperwork burden for this requirement is included in 225.21 (Alternative record for illnesses claimed
6180.107s. to be work related).
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--Record of Monthly Lists..... 784 railroads............ 9,408.00 records............. 2.00 minutes............. 313.60 24,432.58
(a)(2)--Record of Form FRA F 784 railroads............ 10,194.00 records............ 2.00 minutes............. 339.80 26,473.82
6180.97.
--Record of employee human 784 railroads............ 1,464.00 records............. 2.00 minutes............. 48.80 3,802.01
factor attachments.
225.33--Internal Control Plans-- 784 railroads............ 10.00 amendments............. 6.00 hours............... 60.00 4,674.60
Amendments.
225.35--Access to records and 784 railroads............ 784.00 lists................. 20.00 minutes............ 261.33 20,360.22
reports.
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225.37(a)--Optical media transfer FRA anticipates zero submissions during this 3-year ICR period.
of reports, updates, and
amendments.
---------------------------------------------------------------------------------------------------------------------
(c)(2)--Electronic submission of 784 railroads............ 4,704.00 submissions......... 3.00 minutes............. 235.20 18,324.43
reports, updates, and amendments.
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Totals \5\................ 784 railroads............ 88,176 responses............. N/A...................... 30,284 2,359,310
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Estimated Annual Responses: 88,176.
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\4\ The dollar equivalent cost is derived from the 2021 Surface
Transportation Board Full Year Wage A&B data series using the
appropriate employee group hourly wage rage that includes a 75
percent overhead charge.
\5\ Totals may not add due to rounding.
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Total Estimated Annual Burden: 30,284 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$2,359,310.
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.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-15626 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-06-P
