80 FR 57425 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 184 (September 23, 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 requests (ICRs) 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 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57425-57429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24181]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-25]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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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 requests (ICRs) 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 November 23, 2015.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Office of 
Safety, Regulatory Safety Analysis Division, RRS-21, Federal Railroad 
Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 
20590, or 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-___.'' 
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or (202) 493-6497, or via email to Mr. Brogan at 
[email protected], or 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: Mr. Robert Brogan, Regulatory Safety 
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New 
Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 
493-6292) or 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, sec. 2, 109 Stat. 163 (1995) (codified as revised at 
44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part 
1320, require Federal agencies to provide 60-days notice to the public 
for comment on information collection activities before seeking 
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA 
invites interested respondents to comment on the following 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 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 currently approved ICRs that FRA 
will submit for clearance by OMB as required under the PRA:
    Title: State Safety Participation Regulations and Remedial Actions.
    OMB Control Number: 2130-0509.
    Abstract: The collection of information is set forth under 49 CFR 
part 212, and requires qualified state inspectors to provide various 
reports to FRA for monitoring and enforcement purposes concerning state 
investigative, inspection, and surveillance activities regarding 
railroad compliance with Federal railroad safety laws and regulations. 
Additionally, railroads are required to report to FRA actions taken to 
remedy certain alleged violations of law.
    Form Number(s): FRA F 6180.33/61/67/96/96A/109/110/111/112/144.
    Affected Public: Businesses.
    Respondent Universe: States and Railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

[[Page 57426]]



----------------------------------------------------------------------------------------------------------------
                                      Respondent         Total annual      Average time per      Total annual
           CFR section                 universe            responses           response          burden hours
----------------------------------------------------------------------------------------------------------------
Application For Participation...  15 States.........  15 updates........  2.5 hours.........  38 hours.
State Railroad Technical          30 States.........  30 agreements.....  1 hour............  30 hours.
 Training Funding Agreement.
Inspector Travel Planning and     30 States.........  300 vouchers......  1 hour............  300 hours.
 Reimbursement.
Annual Work Plan................  30 States.........  30 reports........  5 hours...........  150 hours.
Inspection Form (FRA F 6180.96).  30 States.........  16,000 forms......  15 minutes........  4,000 hours.
Violation Report--Motive, Power,  17 States.........  150 reports.......  4 hours...........  600 hours.
 and Equipment Regulations (Form
 FRA F 6180.109).
Violation Report--Operating       16 States.........  200 reports.......  4 hours...........  800 hours.
 Practices Regulations (Form FRA
 F 6180.67).
Violation Report--Hazardous       15 States.........  150 reports.......  4 hours...........  600 hours.
 Materials Regulations (Form FRA
 F 6180.110).
Violation Report--Hours of        16 States.........  15 reports........  4 hours...........  60 hours.
 Service Law (F 6180.33).
Violation Report--Accident/       16 States.........  15 reports........  4 hours...........  60 hours.
 Incident Reporting Rules (Form
 FRA F 6180.61).
Violation Report--Track Safety    25 States.........  60 reports........  4 hours...........  240 hours.
 Regulations (Form FRA F
 6180.111).
Violation Report--Signal and      14 States.........  20 reports........  4 hours...........  80 hours.
 Train Control Regulations (Form
 FRA F 6180.112).
Remedial Actions Reports........  563 Railroads.....  4,200 reports.....  15 minutes........  1,050 hours.
Violation Report Challenge......  563 Railroads.....  840 challenge.....  1 hours...........  840 hours.
Delayed Reports.................  573 Railroads.....  420 reports.......  30 minutes........  210 hours.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 22,445.
    Estimated Total Annual Burden: 9,058 hours.
    Type of Request: Extension of a currently approved collection.
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.
    OMB Control Number: 2130-0560.
    Abstract: Under title 49 part 222 of the Code of Federal 
Regulations, FRA seeks to collect information from railroads and public 
authorities in order to increase safety at highway-rail grade crossings 
nationwide by requiring that locomotive horns be sounded when trains 
approach and pass through these crossings or by ensuring that a safety 
level at least equivalent to that provided by blowing locomotive horns 
exists for corridors in which horns are silenced. FRA reviews 
applications by public authorities intending to establish new or, in 
some cases, continue pre-rule quiet zones to ensure the necessary level 
of safety is achieved.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 728 railroads/340 Public Authorities.
    Frequency of Submission: On occasion.

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                                      Respondent         Total annual      Average time per      Total annual
           CFR section                 universe            responses           response          burden hours
----------------------------------------------------------------------------------------------------------------
222.11--Penalties--Falsified      779 Railroads/340   1 report/record...  2 hours...........  2 hours.
 Report.                           Public
                                   Authorities.
222.15--Waiver Petitions........  779 Railroads/340   8 petitions.......  4 hours...........  32 hours.
                                   Public
                                   Authorities.
222.39--Applications to           340 Public          15 applications...  80 hours..........  1,200 hours.
 Establish Quiet Zone.             Authorities.
    --Diagnostic Team Rev.......  340 Public          3 team reviews....  16 hours..........  48 hours
                                   Authorities.
    --Updated Crossing Inventory  340 Public          75 updated forms..  1 hour............  75 hours
     Forms.                        Authorities.
    --Copies of Quiet Zone        340 Public          90 copies.........  10 minutes........  15 hours.
     Application.                  Authorities.
    --Comments to FRA on Quiet    715 Railroads/      30 comments.......  1.5 hours.........  45 hours.
     Zone Application.             State Agencies.
222.43--Written Notice of Public  216 Communities/    60 notices + 180    40 hours + 10       2,430 hours.
 Authority Intent to Create New    Public              notifications.      minutes.
 Quiet Zone and Notification to    Authorities.
 Required Parties.
    --Updated Crossing Inventory  216 Communities...  300 updated forms.  1 hour............  300 hours.
     Forms Comments on proposed
     Quiet Zone.
    --Notice of Quiet Zone        715 Railroads/      120 comments......  4 hours...........  480 hours.
     Establishment +.              State Agencies.
    --Notification to Required    316 Public          60 notices + 360    40 hours + 10       2,460 hours.
     Parties.                      Authorities.        notifications.      minutes.
    --Updated Crossing Inventory  316 Public          300 updated forms.  1 hour............  300 hours.
     Forms.                        Authorities.
    --Certification by CEO of     216 Public          60 certifications.  5 minutes.........  5 hours.
     Public Authority Regarding    Authorities.
     Accuracy of Information.
222.47--Periodic Updates:         200 Public          62 written          30 minutes + 2      113 hours.
 Written Affirmation that          Authorities.        affirmations +      minutes.
 Supplementary Safety Measures                         972 copies (to
 Implemented w/in Quiet Zone                           required parties).
 Conform to Rule or Terms of
 Approval.
    --Updated Crossing Inventory  200 Public          810 updated forms.  1 hour............  810 hours.
     Forms.                        Authorities.

[[Page 57427]]

 
222.51--Written Commitment to     9 Public            5 written           5 hours...........  25 hours.
 Lower Risk to Traveling Public    Authorities.        commitments.
 in Quiet Zones Exceeding
 Nationwide Significant Risk
 Threshold.
    --Comments Upon FRA Review    3 Public            4 comments........  30 minutes........  2 hours.
     of Quiet Zone Status.         Authorities.
222.55--Request for FRA Approval  265 Interested      1 letter..........  30 minutes........  1 hour.
 of New Supplementary Safety       Parties.
 Measures or Alternative Safety
 Measures (ASMs) for Quiet Zone.
    --Comments on New SSMs or     265 Interested      5 comments........  30 minutes........  3 hours.
     ASMs.                         Parties/General
                                   Public.
    --Request for SSM/ASM         265 Interested      1 letter..........  30 minutes........  1 hour.
     Approval -Demo.               Parties.
222.57--Petition for FRA Review   265 Public          1 petition + 5      60 minutes + 2      1 hour.
 of Decision Granting or Denying   Authorities/        petition copies.    minutes.
 a New SSM or ASM; Petition        Interested
 Copies to Relevant Parties.       Parties.
    --Request for FRA             200 Public          1 letter + 6        5 hours + 2         5 hours.
     Reconsideration of            Authorities.        letter copies.      minutes.
     Disapproval of Quiet Zone +
     Party Copies.
    --Additional Documents to     200 Public          1 additional        2 hours...........  2 hours.
     FRA as Follow-up to           Authorities.        document/set of
     Petition for                                      materials.
     Reconsideration.
    --Letter Requesting FRA       200 Public          1 letter..........  30 minutes........  1 hour.
     Informal Hearing.             Authorities.
222.59--Written Notice of Use of  200 Public          5 notices + 30      2.5 hours + 10      18 hours.
 Wayside Horn at Grade Crossing    Authorities.        notice copies.      minutes.
 within Quiet Zone + Party
 Copies.
    --Notice of Wayside Horn      200 Public          5 notices + 30      2.5 hours + 10      18 hours.
     Outside Q. Zone.              Authorities.        notice copies.      minutes.
Appendix B--Public Authority      200 Public          1 record..........  500 hours.........  500 hours.
 Record Relating to Monitoring     Authorities.
 and Sampling Efforts at Grade
 Crossing in Quiet Zone with
 Programmed Enforcement.
    --Public Authority Record     200 Public          1 record..........  9 hours...........  9 hours.
     Relating to Monitoring and    Authorities.
     Sampling Efforts at Grade
     Crossing in Quiet Zone with
     Photo Enforcement.
222.129--Written Reports/Records  779 Railroads.....  650 reports/        60 minutes........  650 hours.
 of Locomotive Horn Testing.                           records.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 4,359.
    Total Estimated Annual Burden: 9,551 hours.
    Status: Regular Review.
    Title: Safety Appliance Concern Recommendation Report; Safety 
Appliance Standards Guidance Checklist Forms.
    OMB Control Number: 2130-0565.
    Type of Request: Revision of a previously approved information 
collection.
    Abstract: Sample car/locomotive inspections are performed as a 
courtesy to the car manufacturers to ensure that the equipment is built 
in accordance with all applicable Federal regulations and requirements. 
Car builders that desire to have FRA review their equipment for 
compliance with safety standards are to submit their safety appliance 
arrangement drawings, prints, etc., to the FRA Office of Safety 
Assurance and Compliance for review at least 60 days prior to 
construction. The sample car inspection program is designed to provide 
assurance that rolling stock equipment is compliant within the Code of 
Federal Regulations for use on the general railroad system. Although a 
sample car inspection is not required, most builders today request FRA 
to perform the inspection. The goal of the sample car inspection 
program is to reduce risk to railroad employees and improve passenger 
safety for the general public by ensuring rolling stock is fully 
compliant with all applicable regulations.
    In an ongoing effort to conduct more thorough and more effective 
inspections of freight railroad equipment and to further enhance safe 
rail operations, FRA has developed a safety concern recommendation 
report form and a group of guidance checklist forms that facilitate 
railroad, rail car owner, and rail equipment manufacturer compliance 
with agency Railroad Safety Appliance Standards regulations. FRA will 
be obsoleting Forms FRA F 6180.4(a)-(q) and requesting OMB discontinue 
its current approval for these forms. FRA will be replacing these forms 
with new Forms FRA F 6180.161(a)-(k). The reason for the discontinuance 
of the previously approved forms and request for OMB approval of the 
new forms is due to the fact that 49 CFR part 231 is being supplemented 
and expanded to cover new types of cars. For these new types of cars, 
FRA will be following the Standard established by the Association of 
American Railroads (AAR) Standard 2044 or S-2044.
    When a request for sample car inspection incoming letter is 
provided by the customer, an abundant of amount of information is 
submitted to FRA for review that may require a formal on-site 
inspection. The information contained in the letter includes several 
paragraphs to explain the cited Code of Federal Regulations that the 
customer believes related to the construction of the car. Since many 
cars today are considered a car of special construction, the type of 
car to be reviewed, many times the amount of details of information are 
supplied to support why the customer believes the car submitted is the 
nearest car to construction. An abundance of factors with justification 
to support the car type is included in the request. Some examples would 
be a Logo, Company Name, and signature block,

[[Page 57428]]

specific drawings, reflectorization, engineering information such as 
test or modeling of components. Also, the request may include car 
reporting marks, the amount of cars that would be constructed in the 
car series. In addition, the request would provide the location of the 
inspection, contact person, title, and contact information. Currently, 
each request is written differently, but contains most of the 
information to process the request to completion.
    The FRA region responsible for the sample car field sample car 
inspection is obliged to formally inspect the car for compliance. All 
the information in the customer request is forwarded to the region for 
review. Once the inspection is completed, the assigned inspector 
provides his report in a memorandum to the MP&E Specialist. The MP&E 
Specialist reviews the documents and provides a memo to the Regional 
Administrator who sends a response by memorandum to FRA Headquarters of 
the finding from the field inspection.
    FRA Headquarters is responsible for gathering all the information 
from the request from the customer as well as assigning and forwarding 
the information to the Region. All the information is reviewed by the 
MP&E Specialist at Headquarters. The MP&E Specialist prepares a grid 
letter response for the MP&E Staff Director who then offers the 
response letter to the Director, Office of Safety Assurance and 
Compliance. The formal response letter is then sent to the customer 
through the Control Correspondence Management (CCM) system.
    Form Number(s): New Forms FRA F 6180.1614(a)-(k).
    Affected Public: Businesses.
    Respondent Universe: FRA Customers/State Inspectors.
    Frequency of Submission: Annually.
    Reporting Burden:

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                                                                   Total annual    Average time
                 Form                      Respondent universe       responses     per response    Total annual
                                                                      (forms)        (minutes)     burden hours
----------------------------------------------------------------------------------------------------------------
New Form FRA F 6180.161a (S-2044,       FRA Customers/State                   20              60              20
 Appendix A).                            Inspectors.
New Form FRA F 6180.161b S-2044,        FRA Customers/State                    7              60               7
 Appendix B-1).                          Inspectors.
New Form FRA F 6180.161c S-2044,        FRA Customers/State                   15              60              15
 Appendix C-1).                          Inspectors.
New Form FRA F 6180.161d S-2044,        FRA Customers/State                   15              60              15
 Appendix D-2).                          Inspectors.
New Form FRA F 6180.161e S-2044,        FRA Customers/State                   15              60              15
 Appendix D-3).                          Inspectors.
New Form FRA F 6180.161f S-2044,        FRA Customers/State                   10              60              10
 Appendix D-4).                          Inspectors.
New Form FRA F 6180.161g S-2044,        FRA Customers/State                    3              60               3
 Appendix E-1).                          Inspectors.
New Form FRA F 6180.161h S-2044,        FRA Customers/State                    3              60               3
 Appendix E-2).                          Inspectors.
New Form FRA F 6180.161j S-2044,        FRA Customers/State                    3              60               3
 Appendix F-2).                          Inspectors.
New Form FRA F 6180.161k S-2044,        FRA Customers/State                   10              60              10
 Appendix G-1).                          Inspectors.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 121.
    Total Estimated Total Annual Burden: 121 hours.
    Status: Revision of a Currently Approved Collection.
    Title: FRA Safety Advisory 2015-03, Operational and Signal 
Modifications for Compliance with Maximum Authorized Passenger Train 
Speeds and Other Restrictions.
    OMB Control Number: 2130-0613.
    Type of Request: Regular Clearance of a Previously Approved 
Emergency Clearance.
    Affected Public: 28 Railroads.
    Abstract: FRA issued Safety Advisory 2015-03 on June 12, 2015 (see 
80 FR 33585) to stress to passenger railroads and railroads that host 
passenger service and their employees the importance of compliance with 
Federal regulations and applicable railroad rules governing applicable 
passenger train speed limits. This safety advisory makes 
recommendations to these railroads to ensure that compliance with 
applicable passenger train speed limits is addressed by appropriate 
railroad operating policies and procedures and signal systems.
    Reporting Burden:

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                                      Respondent
      Safety advisory 2015-03          universe          Total annual         Average time per     Total annual
                                      (railroads)         responses               response         burden hours
----------------------------------------------------------------------------------------------------------------
(1) RR Review of Circumstances of               28  28 RR Bulletins......  8 hours..............             224
 the Fatal May 12, 2015,
 Philadelphia Derailment with
 their Operating Employees.
(2) RR Survey of their Entire                   28  28 Surveys/Lists.....  40 hours.............           1,120
 Systems or the Portions on Which
 Passenger Service is Operated and
 Identification of Main Track
 Locations where there is a
 Reduction of More than 20 mph
 from the Approach Speed to a
 Curve or Bridge and the Maximum
 Authorized Operating Speed for
 Passenger Trains at the
 Identified Location.
(3) Communications between                      28  2,800 Messages/        2 minutes............              93
 Locomotive Engineer and a Second                    Communications.
 Qualified Crew Member in the Body
 of the Train at Identified
 Locations.

[[Page 57429]]

 
(4) RR Installation of Additional               28  3,024 Wayside Signs..  15.4839 minutes......             780
 Wayside Signs throughout Its
 System or Portions on Which
 Passenger Service is Operated,
 with Special Emphasis at
 Identified Locations.
----------------------------------------------------------------------------------------------------------------

    Form Number(s): N/A.
    Frequency of Submission: One-time; on occasion.
    Total Estimated Annual Responses: 5,880.
    Total Estimated Annual Burden: 2,217 hours.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 
1320.8(b)(3)(vi), FRA informs all interested parties that it may not 
conduct or sponsor, and a respondent is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

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

Corey Hill,
Executive Officer.
[FR Doc. 2015-24181 Filed 9-22-15; 8:45 am]
 BILLING CODE 4910-06-P