80 FR 11518 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 41 (March 3, 2015)

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. 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.

[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11518-11521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04351]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0071-N-3]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice.

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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 renewal of the following currently 
approved information collection activities. 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 May 4, 2015.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to Ms. Kimberly Toone, 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 2130-0548.'' Alternatively, comments may be transmitted 
via facsimile to (202) 493-6170, or via email to Ms. Toone at 
[email protected]. 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: Ms. Kimberly Toone, 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, 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 summary 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

[[Page 11519]]

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 is a brief summary of the information collection activities 
that FRA will submit for clearance by OMB as required under the PRA:
    Title: Railroad Rehabilitation and Improvement Financing Program 
(RRIF).
    OMB Control Number: 2130-0548.
    Abstract: Title V of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (Act), 45 U.S.C. 821 et seq., authorized FRA to 
provide railroads financial assistance through the purchase of 
preference shares, and the issuance of loan guarantees. Section 7203 of 
the Transportation Equity Act for the 21st Century of 1998, Public Law 
105-178 (1998) (TEA 21), and subsequent amendments in the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Public Law 109-59 (2005) SAFETEA-LU and the Rail Safety 
Improvement Act of 2008 (RSIA), Division A of Public Law 110-432 have 
since replaced the previous Title V financing program. On July 6, 2000, 
FRA published a final rule (FR) with procedures and requirements to 
cover applications of financial assistance in the form of direct loans 
and loan guarantees consistent with the changes made to Title V of the 
Act by section 7203 of TEA 21. On September 29, 2010, FRA published a 
Notice Regarding Consideration and Processing of Applications for 
Financial Assistance Under the RRIF Program. The collection of 
information is used by FRA staff to determine the legal and financial 
eligibility of applicants for direct loans regarding eligible projects. 
Eligible projects include: (1) Acquisition, improvement or 
rehabilitation of intermodal or rail equipment or facilities (including 
tracks, components of tracks, bridges, yards, buildings, and shops); 
(2) Refinancing outstanding debt incurred for these purposes; or (3) 
Development or establishment of new intermodal or railroad facilities. 
The aggregate unpaid principal amounts of obligations cannot exceed 
$35.0 billion at any one time, and not less than $7.0 billion is to be 
available solely for projects benefitting freight railroads other than 
Class I carriers. The Secretary of Transportation has delegated his 
authority under the RRIF Program to the FRA Administrator in 1 CFR 
1.49. On September 29, 2010, FRA published a Notice Regarding 
Consideration and Processing of Applications for Financial Assistance 
Under the RRIF Program. As explained in the notice, FRA's RRIF Buy 
America policy furthers two of the RRIF program's eight priorities 
described in 45 U.S.C. 822(c): (3) Promote economic development, and 
(4) Enable U.S. companies to be more competitive in international 
markets.
    Form Number(s): FRA Forms 217, 219 and 229.
    Affected Public: State and local governments, government sponsored 
authorities and corporations, railroads, and joint ventures that 
include at least one railroad.

                                         Reporting Burden--Applications
----------------------------------------------------------------------------------------------------------------
                                                                                  Average time
            CFR section              Respondent universe      Total annual        per response     Total annual
                                                                responses           (hours)        burden hours
----------------------------------------------------------------------------------------------------------------
260.23--Form and Content of         75,635 potential      18 applications.....             20              360
 Application.                        applicants.
260.25--Additional Information      640 potential.......  15 financial                     50              750
 Loan Guarantees.                                          documents.
260.31--Execution and Filing        75,635 potential....  18 executed                        .6             10.8
 Application.                                              applications.
Certificates with Original          75,635 potential....  18 certificates.....               .6             10.8
 Application.
Transmittal Letters...............  75,635 potential....  18 letters..........               .6             10.8
Application Packages..............  75,635 potential....  18 packages.........              1.5             27
260.33--Information Statements....  75,635 potential....  18 statements.......           * 30                9
260.35--Environmental Impact        75,635 potential....  1 impact statement..         15,552           15,552
 Statements.
Environmental Assessment..........  75,635 potential....  2 assessments.......          4,992            9,984
Categorical Exclusions............  75,635 potential....  15 exclusions.......            176            2,640
Environmental Consultations.......  75,635 potential....  5 consultations.....              1                5
260.41--Inspection and Reporting--  75,635 potential....  18 financial records             10              180
 Financial Records and Other.
----------------------------------------------------------------------------------------------------------------
* In minutes.


                                 Reporting Burden--Buy America Act Requirements
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
             Item No.              Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
1.1--Certification of Compliance   18 Borrowers.......  2,376 compliance     3 hours............        7,128
 or Non-Compliance with Buy                              certifications.
 America Requirements for Steel,
 Iron, or Manufactured Products
 being produced by Borrower.
1.2--Certification of Compliance   18 Borrowers.......  1 certification....  62 hours...........           62
 with Buy America for Rolling
 Stock.
2.1--Waivers--Requests/            18 Borrowers.......  12 waiver requests.  198 hours..........        2,349
 Applications for Waivers,
 including FRA Form 229.
2.2--Public Comment on Waiver      6 Rail Car           18 comments........  4 hours............           72
 Requests.                          Manufacturers/3
                                    Associations/
                                    Public.

[[Page 11520]]

 
2.3--Consultations with            3 Associations/6     12 consultations...  1 hour.............           12
 Organizations/Associations         Rail Car
 Knowledgeable about Sources of     Manufacturers.
 Domestic Goods.
3.1--Financial Assistance          18 Borrowers.......  18 agreements......  60 minutes.........           18
 Agreements with FRA.
3.2--Borrower Request for          18 Borrowers.......  18 RFPs............  75 minutes.........           23
 Proposal (RFP) with Buy America
 Notice.
3.3--Bidder/Offeror Written        11 Bidders/Offerors  3 written            6 hours............           18
 Explanation concerning                                  Explanations.
 Incomplete/Incorrect
 Certification.
3.4--Borrower/Borrower's Designee  18 Borrowers 11      1 request + 1        2 hours + 6 hours..            8
 Request for Additional             Bidders/Offerors.    document.
 Information from Bidder/Offeror.
3.5--Borrower Determination to     18 Borrowers.......  3 determination/3    2 hours + 6 minutes            6.25
 Accept/Reject Bidder's/Offeror's                        notifications.
 Written Explanation +
 Notification to FRA of
 Borrower's Final Determination.
3.6--Additional Information from   11 Bidders/Offerors  1 document.........  2 hours............            2
 Bidder/Offeror/Borrower after
 FRA Request.
4.1--Petition to FRA to            Interested Parties.  1 requests/          12 hours...........           12
 Investigate Compliance of                               petitions.
 Successful Bidder/Offeror with
 Bidder's/Offeror's Certification
 by Interested Party.
4.2--Borrower Investigations       18 Borrowers.......  3 investigations...  333 hours..........          999
 (including FRA initiated
 investigations).
4.3--Bidder/Offeror Documentation  11 Bidders/Offerors  2 letters + 2        1 hour + 8 hours...           18
 of Compliance Submitted to                              documents.
 Borrower after FRA Determination
 to Conduct Investigation and
 Letter from Borrower.
4.4--Borrower direct reply to FRA  18 Borrowers.......  2 replies..........  1 hour.............            2
 after request to conduct
 investigation of bidder/offeror.
4.5--Bidder/Offeror Notice to      11 Bidders/Offerors  2 notices..........  60 minutes.........            2
 Borrower that it will respond
 directly to FRA.
4.6--Direct Consultation by FRA    11 Bidders/Offerors  1 consultations....  1 hour.............            1
 with Bidder/Offeror.
4.7--Additional Documents to FRA   18 Borrowers/1       1 document.........  4 hours............            4
 from Borrower/Investigated Party.  Investigated
                                    Parties.
4.8--Transmission of Borrower/     18 Borrowers.......  2 replies..........  30 minutes.........            1
 Bidder/Offeror Reply to
 Petitioner.
4.9--Petitioner Comment to FRA on  1 Petitioners......  1 comment..........  8 hours............            8
 Reply.
4.10--Petitioner Comment Copy to   11 Bidders/Offerors  12 comment copies..  15 minutes.........            3
 Borrower/Investigated Bidder/
 Offeror.
4.11--Borrower/Investigated        11 Bidders/Offerors  1 comment responses  8 hours............            8
 Bidder/Offeror respond to
 Petitioner Comment.
4.12--Written request to FRA for   Interested Parties.  1 request..........  4 hours............            4
 information bearing on substance
 of investigation which has been
 submitted by petitioner,
 interested parties, or borrowers.
4.13--Detailed Statement to FRA    18 Borrowers/11      1 detailed           8 hours............            8
 Regarding Confidentiality of       Bidders/Offerors.    Statement.
 Previously Submitted Information
 to Agency.
4.14--Borrower Determination to    18 Borrowers.......  1 determination....  40 hours...........           40
 make award before resolution of
 investigation one of this
 sections specified reasons.
4.15--Notification to FRA by       18 Borrowers.......  1 notification.....  1 hour.............            1
 Borrower to make award during
 pendency of investigation.
4.16--Request to FRA for           Interested Parties.  1 request..........  80 hours...........           80
 Reconsideration of Initial
 Decision by Party Involved in
 Investigations.
5.1--Pre-Award Audit.............  18 Borrowers.......  1 audit............  33 hours...........           33
5.2--List by Bidder/Offeror        11 Bidders/Offerors  1 list.............  8 hours............            8
 Detailing Facility Assembly
 Activities.
5.3--Formal Final Contract         18 Borrowers.......  1 formal contract..  16 hours...........           16
 between Borrower and Bidder/
 Offeror.
5.4--Post Award Audit............  18 Borrowers.......  1 audit............  256 hours..........          256
5.5--Written Agreement by Bidder/  11 Bidders/Offerors/ 1 agreement........  4 hours............            4
 Offeror/Successful Contractor to   Successful
 allow Borrower, its Designee, or   Contractors.
 FRA to Complete All Audits,
 Inspections, and Provide All
 Requested Information.
5.6--Rolling Stock Domestic        11 Bidders/Offerors  1 plan.............  120 hours..........          120
 Content Improvement Plans.
 

[[Page 11521]]

 
    Totals.......................  n/a................  12,090.............  n/a................       11,326
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 40,865 hours.
    Pursuant to 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.

    Issued in Washington, DC, on February 25, 2015.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2015-04351 Filed 3-2-15; 8:45 am]
BILLING CODE 4910-06-P