80_FR_48570 80 FR 48415 - Proposed Agency Information Collection Activities; Comment Request

80 FR 48415 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48415-48416
FR Document2015-19751

In compliance with the Paperwork Reduction Act of 1995, this notice announces that FRA is forwarding the modified Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the collection of information was published on April 24, 2015 (80 FR 23069).

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015) 
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48415-48416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19751]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-0007-N-20]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that FRA is forwarding the modified Information 
Collection Request (ICR) abstracted below to the Office of Management 
and Budget (OMB) for review and comment. The ICR describes the nature 
of the information collection and its expected burden. The Federal 
Register notice with a 60-day comment period soliciting comments on the 
collection of information was published on April 24, 2015 (80 FR 
23069).

DATES: Comments must be submitted on or before September 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Safety Regulatory 
Analysis Division, RRS-21, U.S. Department of Transportation, Federal 
Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, 
Washington, DC 20590 (Telephone: (202) 493-6292), or Ms. Kebo Chen, 
Staff Director, Railroad Safety Information Management Division, RRS-
22, U.S. Department of Transportation, Federal Railroad Administration, 
1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 
(Telephone: (202) 493-6079). (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 issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 
and 1320.12. On April 24, 2015, FRA published a 60-day notice in the 
Federal Register soliciting comment on an ICR that the agency is 
seeking OMB approval. See 80 FR 23069. In its ICR, FRA proposed to 
utilize Form FRA 6180.54's Special Study Block 49b (SSB) to collect 
specific information concerning rail cars carrying petroleum crude oil 
(crude oil) in trains involved in FRA reportable accidents.
    FRA received two comments in response to the notice, from the U.S. 
Department of Commerce's Bureau of Economic Analysis (BEA) and an 
article titled ``DOT Takes Additional Actions on Crude Oil Trains--
Incident Report ICR,'' originally posted on the blog Chemical Facility 
Security News by Peter Coyle on April 20, 2015. The substance of both 
comments, along with FRA's responses to those comments is discussed 
below. You may also review the full text of the comments online at 
www.regulations.gov in docket number FRA-2015-0007.
    BEA's comment generally expresses support for the information 
collection activities associated with FRA's accident/incident reporting 
regulations, and references specific FRA forms that the BEA uses in its 
analysis that are different than the form this ICR covers. FRA 
appreciates BEA's comment, but notes that the comment relates to FRA 
forms that are outside the scope of this ICR. This ICR is limited to 
modifying the existing instructions on Form FRA F 6180.54 titled ``Rail 
Equipment Accident/Incident Report'' and does not impact FRA's 
information collection activities under other FRA accident/incident 
reporting forms.
    In his comment, Mr. Coyle asserts that FRA's proposed collection of 
information related to crude oil train accidents is of limited 
usefulness and ``will provide almost nothing in the way of information 
that can be used for analytical purposes.'' Mr. Coyle suggests that FRA 
design a new report ``specifically for rail accidents and incidents 
involving damaged and leaking rail cars containing crude oil.'' Mr. 
Coyle also asserts that combining the number of cars loaded with crude 
oil and crude oil residue cars in the data collection will ``about 
double the number of cars involved in accidents and damaged in 
accidents since most

[[Page 48416]]

railcars in crude oil service are not cleaned before being returned for 
refilling.'' Further, Mr. Coyle asserts that ``since there is no effort 
being made to determine what types of tank cars are actually in use and 
the rate of failure (measured by leaks) for each type of tank car, the 
FRA will not be able to adequately describe how the continuing change 
of the makeup of the crude oil tank car fleet will affect the failure 
rate of the fleet.''
    In response to Mr. Coyle's concern that the proposed information 
collection will not provide useful information for analytical purposes, 
FRA acknowledges that the proposed modifications will not capture all 
information about an accident that FRA needs to fully analyze an 
accident. FRA believes these simple modifications will, however, make 
this data more readily accessible to FRA and help to capture more 
specific information on the behavior of tank cars transporting crude 
oil in accident conditions. As Mr. Coyle suggests FRA should do, FRA 
intends to continue considering other options for gathering additional 
information concerning rail cars carrying crude oil (and other 
hazardous materials) involved in reportable accidents. However, 
implementation of any significant changes by FRA (such as the 
development of a new form) will necessitate a notice and comment 
rulemaking, a time consuming process. FRA does not want to wait for the 
completion of a rulemaking proceeding to begin making changes to 
improve the existing data collection. FRA believes that utilizing the 
existing SSB in the short term is the most efficient and expeditious 
method of improving FRA's information collection activity. FRA will, 
however, continue to evaluate additional, more comprehensive, methods 
of improving the agency's overall information collection activities 
related to the transportation of hazardous materials by railroad.
    In response to Mr. Coyle's assertion that combining the number of 
cars loaded with crude oil and crude oil residue cars in the data 
collection will double the number of cars reported to be in accidents 
and damaged in accidents, FRA notes that residue cars, including cars 
carrying residue amounts of crude oil, are already included in the 
counts of all hazardous materials cars in blocks 8, 9, and 10 of FRA 
Form 6180.54. These current counts will not change as a result of the 
additional information collection in the SSB of Form FRA F 6180.54. 
Thus, FRA believes Mr. Coyle's assertion is incorrect.
    Finally, Mr. Coyle asserts that ``since there is no effort being 
made to determine what types of tank cars are actually in use and the 
rate of failure (measured by leaks) for each type of tank car, the FRA 
will not be able to adequately describe how the continuing change of 
the makeup of the crude oil tank car fleet will affect the failure rate 
of the fleet.'' However, FRA again notes that the agency intends for 
the SSB as described in FRA's April 24, 2015 notice to be a short term 
method of obtaining some additional information on the number and 
behavior of tank cars transporting crude oil involved in FRA reportable 
accidents. FRA will continue to evaluate whether it needs more data as 
part of a comprehensive, long-term improvement in its information 
collection activities for the rail transportation of crude oil and the 
rail transportation of hazardous materials in general.
    FRA received no other comments. After careful consideration of each 
of the comments discussed above, FRA reevaluated and certified this 
information collection activity under 5 CFR 1320.5(a), and is now 
forwarding this ICR to OMB for review and approval under 5 CFR 
1320.12(c).
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). 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 that 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. 5 CFR 1320.12(c); see also 60 
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the ICR and the expected 
burden. FRA is submitting the proposed revisions to OMB for clearance 
as the PRA requires.
    Title: Accident Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The collection of information arises from FRA's accident 
reporting regulations set forth in 49 CFR part 225. Part 225 requires 
railroads to submit monthly reports summarizing collisions, 
derailments, and certain other accidents/incidents involving damages 
above a certain dollar threshold, as well as certain injuries to 
passengers, employees, and other persons on railroad property 
(including those which are railroad work-related). Because the 
reporting requirements and information needed regarding each category 
are unique, a different form is used for each category. FRA is 
modifying the instructions for one of the three referenced agency forms 
to request that the SSB of Form FRA F 6180.54 be used to capture (with 
coded letters) information pertaining to accidents that involve rail 
cars transporting crude oil.
    Type of Request: Revision of a Currently Approved Information 
Collection.
    Affected Public: Businesses (Railroads).
    Form(s): FRA F 6180.54.
    Annual Estimated Burden: 39,058 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 Seventeenth Street NW., Washington, DC, 20503, 
Attention: FRA Desk Officer. Comments may also be sent via email to OMB 
at the following address: [email protected].
    Comments are invited on the following: Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; the accuracy of the Department's estimates of 
the burden of the proposed information collection; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this notice in the Federal 
Register.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC, on August 6, 2015.
Patrick Warren,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2015-19751 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48415 drivers who participated in the the terms and conditions of the (PRA), Public Law 104–13, sec. 2, 109 Agency’s vision waiver program. exemption; (2) the exemption has Stat. 163 (1995) (codified as revised at Those requirements are found at 49 resulted in a lower level of safety than 44 U.S.C. 3501–3520), and its CFR 391.64(b) and include the was maintained before it was granted; or implementing regulations, 5 CFR part following: (1) That each individual be (3) continuation of the exemption would 1320, require Federal agencies to issue physically examined every year (a) by not be consistent with the goals and two notices seeking public comment on an ophthalmologist or optometrist who objectives of 49 U.S.C. 31136 and 31315. information collection activities before attests that the vision in the better eye If the exemption is still effective at the OMB may approve paperwork packages. continues to meet the requirement in 49 end of the 2-year period, the person may 44 U.S.C. 3506, 3507; 5 CFR 1320.5, CFR 391.41(b)(10) and (b) by a medical apply to FMCSA for a renewal under 1320.8(d)(1), and 1320.12. On April 24, examiner who attests that the individual procedures in effect at that time. 2015, FRA published a 60-day notice in is otherwise physically qualified under Issued on: August 6, 2015. the Federal Register soliciting comment 49 CFR 391.41; (2) that each individual Larry W. Minor, on an ICR that the agency is seeking provide a copy of the ophthalmologist’s OMB approval. See 80 FR 23069. In its Associate Administrator for Policy. or optometrist’s report to the medical ICR, FRA proposed to utilize Form FRA [FR Doc. 2015–19782 Filed 8–11–15; 8:45 am] 6180.54’s Special Study Block 49b (SSB) examiner at the time of the annual medical examination; and (3) that each BILLING CODE 4910–EX–P to collect specific information individual provide a copy of the annual concerning rail cars carrying petroleum medical certification to the employer for crude oil (crude oil) in trains involved DEPARTMENT OF TRANSPORTATION in FRA reportable accidents. retention in the driver’s qualification file, or keep a copy in his/her driver’s FRA received two comments in Federal Railroad Administration qualification file if he/she is self- response to the notice, from the U.S. employed. The driver must have a copy [Docket No. FRA–2015–0007–N–20] Department of Commerce’s Bureau of of the certification when driving, for Economic Analysis (BEA) and an article Proposed Agency Information titled ‘‘DOT Takes Additional Actions presentation to a duly authorized Collection Activities; Comment on Crude Oil Trains—Incident Report Federal, State, or local enforcement Request ICR,’’ originally posted on the blog official. AGENCY: Federal Railroad Chemical Facility Security News by V. Discussion of Comments Peter Coyle on April 20, 2015. The Administration (FRA), Department of FMCSA received no comments in this Transportation (DOT). substance of both comments, along with proceeding. FRA’s responses to those comments is ACTION: Notice and request for discussed below. You may also review IV. Conclusion comments. the full text of the comments online at Based upon its evaluation of the 23 SUMMARY: In compliance with the www.regulations.gov in docket number exemption applications, FMCSA Paperwork Reduction Act of 1995, this FRA–2015–0007. exempts the following drivers from the notice announces that FRA is BEA’s comment generally expresses vision requirement in 49 CFR forwarding the modified Information support for the information collection 391.41(b)(10), subject to the Collection Request (ICR) abstracted activities associated with FRA’s requirements cited above (49 CFR below to the Office of Management and accident/incident reporting regulations, 391.64(b)): Budget (OMB) for review and comment. and references specific FRA forms that The ICR describes the nature of the the BEA uses in its analysis that are Michael J. Altobelli (CT) information collection and its expected different than the form this ICR covers. Johnny A. Bingham (NC) FRA appreciates BEA’s comment, but Robert A. Buckley (IN) burden. The Federal Register notice with a 60-day comment period soliciting notes that the comment relates to FRA Allen E. Clark (NY) forms that are outside the scope of this Don A. Clymer (PA) comments on the collection of information was published on April 24, ICR. This ICR is limited to modifying Bryan K. Dalton (NC) the existing instructions on Form FRA Joseph B. Fry (KS) 2015 (80 FR 23069). F 6180.54 titled ‘‘Rail Equipment David B. Ginther (PA) DATES: Comments must be submitted on Accident/Incident Report’’ and does not Dominic F. Giordano (CT) or before September 11, 2015. impact FRA’s information collection Thomas E. Groves (WV) FOR FURTHER INFORMATION CONTACT: Mr. activities under other FRA accident/ Jose J. Guzman-Olguin (IL) Robert Brogan, Safety Regulatory incident reporting forms. Stephen T. Hines (NJ) Analysis Division, RRS–21, U.S. In his comment, Mr. Coyle asserts that James J. Keranen (MI) Department of Transportation, Federal FRA’s proposed collection of Wesley S. Kilpatrick (OK) Railroad Administration, 1200 New information related to crude oil train Herbert S. Lear (PA) Jersey Ave. SE., Mail Stop 25, accidents is of limited usefulness and Christopher V. May (GA) Washington, DC 20590 (Telephone: ‘‘will provide almost nothing in the way Nathan C. Nissen (IA) (202) 493–6292), or Ms. Kebo Chen, of information that can be used for Jeffery Reed (KY) Staff Director, Railroad Safety analytical purposes.’’ Mr. Coyle suggests Gregory S. Richter, Sr. (PA) Information Management Division, that FRA design a new report David J. Rotenberger (ND) RRS–22, U.S. Department of ‘‘specifically for rail accidents and George Tomecek, Jr. (PA) Transportation, Federal Railroad mstockstill on DSK4VPTVN1PROD with NOTICES incidents involving damaged and Richard G. Vaughn (NC) Administration, 1200 New Jersey Ave. leaking rail cars containing crude oil.’’ Paul C. Weiss (PA) SE., Mail Stop 25, Washington, DC Mr. Coyle also asserts that combining In accordance with 49 U.S.C. 31136(e) 20590 (Telephone: (202) 493–6079). the number of cars loaded with crude and 31315, each exemption will be valid (These telephone numbers are not toll- oil and crude oil residue cars in the data for 2 years unless revoked earlier by free.) collection will ‘‘about double the FMCSA. The exemption will be revoked SUPPLEMENTARY INFORMATION: The number of cars involved in accidents if: (1) The person fails to comply with Paperwork Reduction Act of 1995 and damaged in accidents since most VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

48416 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices railcars in crude oil service are not determine what types of tank cars are passengers, employees, and other cleaned before being returned for actually in use and the rate of failure persons on railroad property (including refilling.’’ Further, Mr. Coyle asserts that (measured by leaks) for each type of those which are railroad work-related). ‘‘since there is no effort being made to tank car, the FRA will not be able to Because the reporting requirements and determine what types of tank cars are adequately describe how the continuing information needed regarding each actually in use and the rate of failure change of the makeup of the crude oil category are unique, a different form is (measured by leaks) for each type of tank car fleet will affect the failure rate used for each category. FRA is tank car, the FRA will not be able to of the fleet.’’ However, FRA again notes modifying the instructions for one of the adequately describe how the continuing that the agency intends for the SSB as three referenced agency forms to request change of the makeup of the crude oil described in FRA’s April 24, 2015 that the SSB of Form FRA F 6180.54 be tank car fleet will affect the failure rate notice to be a short term method of used to capture (with coded letters) of the fleet.’’ obtaining some additional information In response to Mr. Coyle’s concern on the number and behavior of tank cars information pertaining to accidents that that the proposed information collection transporting crude oil involved in FRA involve rail cars transporting crude oil. will not provide useful information for reportable accidents. FRA will continue Type of Request: Revision of a analytical purposes, FRA acknowledges to evaluate whether it needs more data Currently Approved Information that the proposed modifications will not as part of a comprehensive, long-term Collection. capture all information about an improvement in its information Affected Public: Businesses accident that FRA needs to fully analyze collection activities for the rail (Railroads). an accident. FRA believes these simple transportation of crude oil and the rail modifications will, however, make this transportation of hazardous materials in Form(s): FRA F 6180.54. data more readily accessible to FRA and general. Annual Estimated Burden: 39,058 help to capture more specific FRA received no other comments. hours. information on the behavior of tank cars After careful consideration of each of transporting crude oil in accident the comments discussed above, FRA Addressee: Send comments regarding conditions. As Mr. Coyle suggests FRA reevaluated and certified this these information collections to the should do, FRA intends to continue information collection activity under 5 Office of Information and Regulatory considering other options for gathering CFR 1320.5(a), and is now forwarding Affairs, Office of Management and additional information concerning rail this ICR to OMB for review and Budget, 725 Seventeenth Street NW., cars carrying crude oil (and other approval under 5 CFR 1320.12(c). Washington, DC, 20503, Attention: FRA hazardous materials) involved in Before OMB decides whether to Desk Officer. Comments may also be reportable accidents. However, approve this proposed collection of sent via email to OMB at the following implementation of any significant information, it must provide 30 days for address: oira_submissions@ changes by FRA (such as the public comment. 44 U.S.C. 3507(b); 5 omb.eop.gov. development of a new form) will CFR 1320.12(d). Federal law requires Comments are invited on the necessitate a notice and comment OMB to approve or disapprove following: Whether the proposed rulemaking, a time consuming process. paperwork packages between 30 and 60 collection of information is necessary FRA does not want to wait for the days after the 30 day notice is for the proper performance of the completion of a rulemaking proceeding published. 44 U.S.C. 3507 (b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, functions of the Department, including to begin making changes to improve the existing data collection. FRA believes Aug. 29, 1995. OMB believes that the 30 whether the information will have that utilizing the existing SSB in the day notice informs the regulated practical utility; the accuracy of the short term is the most efficient and community to file relevant comments Department’s estimates of the burden of expeditious method of improving FRA’s and affords the agency adequate time to the proposed information collection; information collection activity. FRA digest public comments before it ways to enhance the quality, utility, and will, however, continue to evaluate renders a decision. 60 FR 44983, Aug. clarity of the information to be additional, more comprehensive, 29, 1995. Therefore, respondents should collected; and ways to minimize the methods of improving the agency’s submit their respective comments to burden of the collection of information overall information collection activities OMB within 30 days of publication to on respondents, including the use of related to the transportation of best ensure having their full effect. 5 automated collection techniques or hazardous materials by railroad. CFR 1320.12(c); see also 60 FR 44983, other forms of information technology. In response to Mr. Coyle’s assertion Aug. 29, 1995. A comment to OMB is best assured of that combining the number of cars The summary below describes the loaded with crude oil and crude oil having its full effect if OMB receives it nature of the ICR and the expected residue cars in the data collection will within 30 days of publication of this burden. FRA is submitting the proposed double the number of cars reported to be notice in the Federal Register. revisions to OMB for clearance as the in accidents and damaged in accidents, PRA requires. Authority: 44 U.S.C. 3501–3520. FRA notes that residue cars, including Title: Accident Incident Reporting Issued in Washington, DC, on August 6, cars carrying residue amounts of crude and Recordkeeping. 2015. oil, are already included in the counts OMB Control Number: 2130–0500. of all hazardous materials cars in blocks Abstract: The collection of Patrick Warren, Deputy Associate Administrator for Safety mstockstill on DSK4VPTVN1PROD with NOTICES 8, 9, and 10 of FRA Form 6180.54. information arises from FRA’s accident These current counts will not change as reporting regulations set forth in 49 CFR Compliance and Program Implementation. a result of the additional information part 225. Part 225 requires railroads to [FR Doc. 2015–19751 Filed 8–11–15; 8:45 am] collection in the SSB of Form FRA F submit monthly reports summarizing BILLING CODE 4910–06–P 6180.54. Thus, FRA believes Mr. Coyle’s collisions, derailments, and certain assertion is incorrect. other accidents/incidents involving Finally, Mr. Coyle asserts that ‘‘since damages above a certain dollar there is no effort being made to threshold, as well as certain injuries to VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00130 Fmt 4703 Sfmt 9990 E:\FR\FM\12AUN1.SGM 12AUN1


Document Created: 2016-09-27 22:26:52
Document Modified: 2016-09-27 22:26:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments must be submitted on or before September 11, 2015.
ContactMr. Robert Brogan, Safety Regulatory Analysis Division, RRS-21, U.S. Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202) 493-6292), or Ms. Kebo Chen, Staff Director, Railroad Safety Information Management Division, RRS- 22, U.S. Department of Transportation, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202) 493-6079). (These telephone numbers are not toll- free.)
FR Citation80 FR 48415 
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