81 FR 15781 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 57 (March 24, 2016)

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking an extension of the following currently approved information collection activities. On February 19, 2016, FRA published in the Federal Register its request for Emergency Clearance for new Form FRA F 6180.167, Bridge Inspection Report Public Version Request Form. See 81 FR 8588. The information collection activities associated with Form FRA F 6180.167 received a six-month emergency approval from OMB on February 25, 2016. FRA seeks a regular clearance (extension of the current approval for three years) to continue this effort to provide a means for a State or a political subdivision of a State to obtain a public version of a bridge inspection report generated by a railroad for a bridge located within their respective jurisdiction. 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 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15781-15785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06583]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2016-0002-N-8]


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 an extension of the following 
currently approved information collection activities. On February 19, 
2016, FRA published in the Federal Register its request for Emergency 
Clearance for new Form FRA F 6180.167, Bridge Inspection Report Public 
Version Request Form. See 81 FR 8588. The information collection 
activities associated with Form FRA F 6180.167 received a six-month 
emergency approval from OMB on February 25, 2016. FRA seeks a regular 
clearance (extension of the current approval for three years) to 
continue this effort to provide a means for a State or a political 
subdivision of a State to obtain a public version of a bridge 
inspection report generated by a railroad for a bridge located within 
their respective jurisdiction. 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 23, 2016.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Railroad Safety, Regulatory 
Safety Analysis Division, RRS-21, Federal Railroad Administration, 1200 
New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. 
Kimberly Toone, Information Collection Clearance Officer, 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 2130-0586.'' 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, Information Collection Clearance Officer, 
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, Information 
Collection Clearance Officer, 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 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 information 
collection request that FRA will submit for clearance by OMB as 
required under the PRA:

[[Page 15782]]

    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: On December 4, 2015, President Obama signed into law the 
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-
94). Section 11405, ``Bridge Inspection Reports,'' provides a means for 
a State or a political subdivision of a State to obtain a public 
version of a bridge inspection report generated by a railroad for a 
bridge located within their respective jurisdiction. While the FAST Act 
specifies that requests for such reports are to be filed with the 
Secretary of Transportation, the responsibility for fulfilling these 
requests is delegated to FRA.
    FRA has revised its currently approved information collection to 
account for the additional burden that will be incurred by States and 
political subdivisions of States requesting a public version of a 
bridge inspection report generated by a railroad for a bridge located 
within their respective jurisdiction. FRA developed a new form titled 
``Bridge Inspection Report Public Version Request Form'' (see below) to 
facilitate such requests by States and their political subdivisions. 
Additionally, FRA has revised its currently approved information 
collection to account for the additional burden that will be incurred 
by railroads to provide the public version of a bridge inspection 
report upon agency request to FRA.
    As background, on July 15, 2010, FRA published its Bridge Safety 
Standards Final Rule. See 75 FR 41281. The final rule on bridge safety 
standards normalized and established federal requirements for railroad 
bridges. The final rule established minimum requirements to assure the 
structural integrity of railroad bridges and to protect the safe 
operation of trains over those bridges. The final rule required 
railroads/track owners to implement bridge management programs to 
prevent the deterioration of railroad bridges and to reduce the risk of 
human casualties, environmental damage, and disruption to the Nation's 
transportation system that would result from a catastrophic bridge 
failure. Bridge management programs were required to include annual 
inspection of bridges as well as special inspections, which must be 
conducted if natural or accidental events cause conditions that warrant 
such inspections. Lastly, the final rule required railroads/track 
owners to audit bridge management programs and bridge inspections and 
to keep records mandated under 49 CFR part 237. This final rule 
culminated FRA's efforts to develop and promulgate bridge safety 
regulations and fulfilled the Railroad Safety Improvement Act of 2008 
(Pub. L. 110-432, Division A) mandate.
    The information collected is used by FRA to ensure that railroads/
track owners meet Federal standards for bridge safety and comply with 
all the requirements of this regulation. In particular, the collection 
of information is used by FRA to confirm that railroads/track owners 
adopt and implement bridge management programs to properly inspect, 
maintain, modify, and repair all bridges that carry trains over them 
for which they are responsible. Railroads/track owners must conduct 
annual inspections of railroad bridges. Further, railroads/track owners 
must incorporate provisions for internal audit into their bridge 
management program and must conduct internal audits of bridge 
inspection reports. The internal audit information is used by 
railroads/track owners to verify that the inspection provisions of the 
bridge management program are being followed and to continually 
evaluate the effectiveness of their bridge management program and 
bridge inspection activities. FRA uses this information to ensure that 
railroads/track owners implement a safe and effective bridge management 
program and bridge inspection regime.
    Form Number(s): FRA F 6180.167.
    Affected Public: States/Political Subdivisions of States and 
Businesses.
    Respondent Universe: 50 States/State Political Subdivisions and 693 
Railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                        Respondent          Total annual       Average time per    Total annual
           CFR Section                   universe            responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
NEW FAST ACT REQUIREMENTS........  50 States/State....  75 forms...........  5 minutes..........               6
    --Form FRA F 6180.167........  Political
                                    Subdivision.
    --Railroad Submission to FRA   693 Railroads......  75 reports.........  60 minutes.........              75
     of Bridge Inspection Report--
     Public Version.
    --237.3--Notifications to FRA  693 Railroads......  15 notifications...  90 minutes.........            22.5
     of Assignment of Bridge
     Responsibility.
    --Signed Statement by          693 Railroads......  15 signed            30 minutes.........             7.5
     Assignee Concerning Bridge                          statements.
     Responsibility.
237.9--Waivers--Petitions........  693 Railroads......  6 petitions........  4 hours............              24
23731/33--Development/Adoption of  693 Railroads......  5 plans............  24 hours...........             120
 Bridge Management Program.
237.57--Designation of Qualified   693 Railroads......  1,000 designations.  30 minutes.........             400
 Individuals.
237.71--Determination of Bridge    693 Railroads......  2,000                8 hours............          16,000
 Load Capacities.                                        determinations.
237.73--Issuance of Instructions   693 Railroads......  2,000 instructions.  2 hours............           4,000
 to Railroad Personnel by Track
 Owner.
237.105--Special Bridge            693 Railroads......  7,500 insp. and      12.50 hours........          93,750
 Inspections and Reports/Records.                        reports/records.
    --Special Underwater           693 Railroads......  50 insp. and         40 hours...........           2,000
     Inspections.                                        Reports/rcds..
237.107 and 237.109--Nationwide    693 Railroads......  15,450 insp. &       4 hours............          61,800
 Annual Bridge Inspections--                             reports.
 Reports.
    --Records....................  693 Railroads......  15,450 records.....  1 hour.............          15,450
    --Report of Deficient          693 Railroads......  50 reports.........  30 minutes.........              25
     Condition on a Bridge.
237.111--Review of Bridge          693 Railroads......  2,000 insp. rpt.     30 minutes.........           1,000
 Inspection Reports by RR Bridge                         reviews.
 Engineers.
    --Prescription of Bridge       693 Railroads......  200 insp. proc.      30 minutes.........             100
     Insp. Procedure                                     modifications.
     Modifications After Review.
237.131--Design of Bridge          693 Railroads......  1,250 designs......  16 hours...........          20,000
 Modifications or Bridge Repairs.

[[Page 15783]]

 
    --Bridge Modification Repair   693 Railroads......  1,250 br. mod.       1.50 hours.........           1,875
     Reviews/Supervisory Efforts.                        repair reviews.
    --Common Standard Designed by  693 Railroads......  50 standards.......  24 hours...........           1,200
     Railroad Bridge Engineer.
237.153--Audits of Inspections...  693 Railroads......  725 insp. audits...  80 hours/24 hours/6           5,534
                                                                              hours.
237.155--Documents and Records...  693 Railroads......  5 systems..........  80 hours...........             400
    --Establishment of RR
     Monitoring and Info.
     Technology Security Systems
     for Electronic Recordkeeping.
    --Employees Trained in System  693 Railroads......  100 employees......  8 hours............             800
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses for New FAST Act Requirements: 150.
    Total Estimated Responses for Entire Information Collection: 
49,271.
    Total Estimated Total Annual Burden for New FAST Act Requirements: 
81 hours.
    Total Estimated Total Annual Burden Entire Information Collection: 
224,689 hours.
    Type of Request: Extension without change of a currently approved 
information collection under regular clearance procedures.
    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.

    Issued in Washington, DC on March 18, 2016.
Amit Bose,
Chief Counsel.

[[Page 15784]]

[GRAPHIC] [TIFF OMITTED] TN24MR16.001

FAST Act Bridge Inspection Report Requests

    The Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 
114-94) (Dec. 4, 2015), Section 11405, ``Bridge Inspection Reports,'' 
provides a means for a State or a political subdivision of a State to 
obtain a public version of a bridge inspection report generated by a 
railroad for a bridge located within their respective jurisdiction. 
While the FAST Act specifies that requests for such reports are to be 
filed with the Secretary of Transportation, the responsibility for 
fulfilling these requests is delegated to the Federal Railroad 
Administration (FRA). See 49 CFR 1.89. The text of Section 11405 of the 
FAST Act is provided in attachment 1.

Frequently Asked Questions

    Q. Who can make a request for a bridge inspection report under 
Section 11405 of the FAST Act?
    A. Section 11405 of the FAST Act permits a State or a political 
subdivision of a State to file a request for a public version of a 
bridge inspection report for a bridge located in that State or 
political subdivision's jurisdiction. Thus, any duly elected or 
appointed official of a State or political subdivision of a State, 
acting in his or her official capacity, may file a request. This 
includes officials of a State, city, county, town, municipality or 
other political subdivision of a State.
    Q. What information do I need to provide in my request?
    A. Go to FRA's Web site (www.fra.dot.gov) and click on the

[[Page 15785]]

Bridge Inspection Report link and fill out the ``Bridge Inspection 
Report Public Version Request Form'' (FRA F 6180.167) in its entirety 
(a link to the form is provided at the end of these questions). Please 
provide the following information:
     Your name and title;
     Official address;
     Email address;
     Telephone number;
     Identification of the individual bridge(s) for which you 
are requesting a public version of a bridge inspection report(s). 
Bridge identification information could include a street name, a nearby 
intersecting street, a waterway or a recognizable land feature where 
appropriate;
     Name of the railroad that owns and/or operates over the 
requested bridge(s) (if known); and
     An indication that the request is being made in your 
official capacity as a representative of a State or a political 
subdivision of a State. The bridge(s) for which the inspection 
report(s) is sought must be within the jurisdiction of the political 
subdivision of the State you represent.
    Q. How do I file my request?
    A. You can file a request by going to FRA's Web site 
(www.fra.dot.gov) and clicking on the Bridge Inspection Report link. 
There you will find the ``Bridge Inspection Report Public Version 
Request Form'' (FRA F 6180.167). Please complete this pdf fillable form 
by providing all of the information listed in the question above and 
click on the ``submit'' box when completed. This will automatically 
create an email that will send the completed form directly to FRA. A 
link to the form has also been provided at the end of these questions 
below.
    If you are unable to submit the form to FRA directly, please fill 
out the ``Bridge Inspection Report Public Version Request Form'' (FRA F 
6180.167) and attach it in an email to 
[email protected]. Requests will only be 
accepted through this email address with the proper form completely 
filled out and attached.
    Q. How will FRA handle a request?
    A. FRA will evaluate the request and, if found to be compliant with 
law, FRA will promptly request that the railroad responsible for the 
bridge provide a public version of the most recent inspection report(s) 
to FRA. Once FRA has received the report(s), FRA will review the 
report(s) to ensure that at least the minimum information required by 
law has been provided. Once determined to be satisfactory, the 
report(s) will be sent to the requester electronically by reply to the 
request unless the requester provides an alternate email address to 
send the report to.
    Q. What information must a railroad include in the public version 
of the bridge inspection report provided to FRA?
    A. The FAST Act requires the following information to be included 
in a public version of a bridge inspection report:
    1. The date of the last inspection;
    2. Length of bridge;
    3. Location of bridge;
    4. Type of bridge (superstructure);
    5. Type of structure (substructure);
    6. Features crossed by the bridge;
    7. Railroad contact information; and
    8. A general statement on the condition of the bridge.
    Q. How much time does a railroad have to provide the public version 
of a bridge inspection report to FRA?
    A. FRA interprets the statute to require a railroad to provide a 
requested report containing at least the minimum specified information 
within a reasonable amount of time. FRA believes that a reasonable time 
for a railroad to provide a requested report is within 30 days of 
receipt of FRA's request.
    Q. How long will it take FRA to produce a public version of a 
bridge inspection report to a requester?
    A. FRA will handle these requests as expeditiously as possible and 
generally expects to respond to most requests by providing the 
requester with a public version of a bridge inspection report within 45 
days of receipt of the request.
    (Link to Form will be located here)

Attachment 1 to Frequently Asked Questions

FAST Act--Section 11405--Bridge Inspection Reports

    Section 417(d) of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20103 note) is amended--(1) by striking ``The Secretary'' and 
inserting the following: ``(1) IN GENERAL.--The Secretary''; and (2) by 
adding at the end the following: ``(2) AVAILABILITY OF BRIDGE 
CONDITION.--
    ``(A) IN GENERAL.--A State or political subdivision of a State may 
file a request with the Secretary for a public version of a bridge 
inspection report generated under subsection (b)(5) for a bridge 
located in such State or political subdivision's jurisdiction.
    ``(B) PUBLIC VERSION OF REPORT.--If the Secretary determines that 
the request is reasonable, the Secretary shall require a railroad to 
submit a public version of the most recent bridge inspection report, 
such as a summary form, for a bridge subject to a request under 
subparagraph (A). The public version of a bridge inspection report 
shall include the date of last inspection, length of bridge, location 
of bridge, type of bridge, type of structure, feature crossed by 
bridge, and railroad contact information, along with a general 
statement on the condition of the bridge.
    ``(C) PROVISION OF REPORT.--The Secretary shall provide to a State 
or political subdivision of a State a public version of a bridge 
inspection report submitted under subparagraph (B).
    ``(D) TECHNICAL ASSISTANCE.--The Secretary, upon the reasonable 
request of State or political subdivision of a State, shall provide 
technical assistance to such State or political subdivision of a State 
to facilitate the understanding of a bridge inspection report.''

[FR Doc. 2016-06583 Filed 3-23-16; 8:45 am]
BILLING CODE 4910-06-P