80 FR 65848 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 207 (October 27, 2015)

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the renewal Information Collection Request (ICR) abstracted below is being forwarded 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 following collections of information was published on August 5, 2015.

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65848-65850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27195]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-0007-N-27]


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 the renewal Information Collection Request (ICR) 
abstracted below is being forwarded 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 
following collections of information was published on August 5, 2015.

DATES: Comments must be submitted on or before November 27, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Safety Regulatory 
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

[[Page 65849]]

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 August 5, 2015, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
ICR that the agency is seeking OMB approval. See 80 FR 35712. FRA 
received one comment in response to this notice.
    The Association of American Railroads submitted a comment on 
October 5 on behalf of its member railroads and itself. In its letter, 
AAR recommended four changes to the PTC Implementation Status Update 
Questionnaire. First, AAR recommended that FRA adjust its estimate of 
the amount of time required to fill out each questionnaire/form (Form 
FRA F 6180.162).
    Second, AAR/its members recommended that FRA ``clarify the second 
survey question,'' which relates to the ``current number of full 
mission capable PTC equipped locomotives completely implemented under 
the regulation.'' In particular, ``the railroads recommend that FRA 
specify that this question pertains to the locomotives which have been 
fully equipped with PTC hardware.''
    Third, AAR/its members recommended that ``FRA clarify the fourth 
survey question,'' which relates to the ``. . . current number of fully 
mission capable PTC equipped track segments completely implemented 
under the regulations. The railroads recommend that FRA refer to track 
miles instead of the unclear reference to `track segment.' ''
    Last, AAR stated ``the railroads request that FRA ensures that the 
comment box for the fourteenth question be large enough to accept 
substantial comments regarding the status of each individual railroad's 
PTC implementation status.''
    Regarding AAR's first recommendation, FRA based its estimate on the 
average amount of time that it would take all railroads--Class Is, 
Class IIs, Class IIIs, and passenger railroads--to complete the 
questionnaire each month on an ongoing basis. FRA realizes that it 
might take some railroads longer than the estimated average amount of 
time to complete the questionnaire. However, FRA does not agree with 
AAR's comment that it will take all affected railroads an average of 
three hours each month to complete the questionnaire. FRA believes that 
30 minutes is a more accurate estimate of the average amount of time 
that it will take railroads to complete the questionnaire on a 
recurring monthly basis. Accordingly, FRA is modifying its estimate to 
reflect this higher number.
    Regarding AAR's second recommendation relating to the second survey 
question, FRA is modifying footnote number 2 of the questionnaire to 
make clear that this question pertains to locomotives fully equipped 
with PTC hardware and software.
    Regarding AAR's third recommendation, FRA is taking a flexible 
approach and is modifying footnote number 3 of the questionnaire to 
state that railroads use a uniform unit of measurement that is 
consistent for the fourth survey question. Thus, track miles would be 
fine as a uniform unit of measurement.
    Last, regarding AAR's recommendation about enlarging the comment 
box for the fourteenth question, FRA is expanding the comment box to 
the maximum number of characters permitted on the electronic version of 
the questionnaire/form.
    Before OMB decides whether to approve these proposed collections 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 information 
collection request (ICR) and the expected burden. The revised request 
is being submitted for clearance by OMB as required by the PRA.
    Title: PTC Implementation Status Update Questionnaire.
    OMB Control Number: 2130-0612.
    Abstract: The statutory and regulatory deadline for Positive Train 
Control (PTC) system implementation is December 31, 2015. Congress and 
FRA are concerned that the railroads will not make the mandated 
deadline. To date, the vast majority of railroads have not submitted, 
in accordance with 49 CFR 236.1009 and 236.1015, a PTC Safety Plan 
(PTCSP) and have not submitted, in accordance with 49 CFR 236.1035, a 
request for testing approval to support a PTCSP, which is necessary to 
achieve PTC System Certification and operate in revenue service. So 
that Congress and FRA may better understand the status of each 
railroad's implementation efforts and be able to monitor affected 
railroads progress on a continuing basis until full implementation is 
achieved, FRA is seeking accurate and up-to-date information under its 
investigative authority pursuant to 49 U.S.C. 20103, 20107, and 20902, 
and 49 CFR 236.1009(h). The railroads' responses will also be used for 
compliance purposes.
    On July 24, 2015, OMB granted Emergency Processing approval for the 
PTC Implementation Status Update Questionnaire information collection 
for a period of 180 days. This approval currently expires on January 
31, 2016. FRA is now seeking a three-year approval under Regular 
Clearance Procedures from the Office of Management and Budget (OMB).
    Type of Request: Extension with Change of an Approved Information 
Collection previously approved under Emergency Processing Procedures.
    Affected Public: Businesses (Railroads).
    Form(s): FRA F 6180.162.
    Total Annual Estimated Responses: 456.
    Total Annual Estimated Burden: 228 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 
collections of information are 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 collections; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collections 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

[[Page 65850]]

within 30 days of publication of this notice in the Federal Register.

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

    Issued in Washington, DC, on October 20, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-27195 Filed 10-26-15; 8:45 am]
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