81 FR 65702 - Agency Request for Regular Processing of Collection of Information by the Office of Management and Budget

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Consistent with the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this document provides notice that FRA is submitting an Information Collection Request (ICR) to the Office of Management and Budget (OMB) to collect information on railroads' implementation of Positive Train Control (PTC) systems on an annual form entitled the Annual PTC Progress Report Form (Form FRA F 6180.166).

[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65702-65703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22943]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2016-0002-N-21]


Agency Request for Regular Processing of Collection of 
Information by the Office of Management and Budget

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

ACTION: Notice.

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SUMMARY: Consistent with the Paperwork Reduction Act of 1995 (PRA) and 
its implementing regulations, this document provides notice that FRA is 
submitting an Information Collection Request (ICR) to the Office of 
Management and Budget (OMB) to collect information on railroads' 
implementation of Positive Train Control (PTC) systems on an annual 
form entitled the Annual PTC Progress Report Form (Form FRA F 
6180.166).

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Railroad 
Safety, Regulatory Analysis Division, RRS-21, Federal Railroad 
Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, 
DC 20590 (telephone: (202) 493-6292) or Ms. Kim Toone, Office of 
Information Technology, RAD-20, Federal Railroad Administration, 1200 
New Jersey Avenue SE., Mail Stop 35, Washington, DC 20590 (telephone: 
(202) 493-6132). (These telephone numbers are not toll free.) Comments 
or questions about any aspect of this ICR should be directed to OMB's 
Office of Information and Regulatory Affairs, Attn: FRA OMB Desk 
Officer.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    On June 23, 2016, FRA published a notice in the Federal Register 
seeking public comment on the revised Annual PTC Progress Report Form. 
81 FR 40938 (June 23, 2016). The PRA and its implementing regulations 
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. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 
1320.8(d)(1), 1320.10(e)(1), 1320.12(a). The comment period closed on 
August 22, 2016. FRA did not receive any written comments responsive to 
its June 23, 2016, notice and request for comments. FRA requests 
regular processing and OMB authorization to collect the information on 
the new Annual PTC Progress Report Form (Form FRA F 6180.166), as 
identified below, 30 days after publication of this notice for a period 
of 3 years.

II. Background on the Annual PTC Reporting Requirement

    Under the Positive Train Control Enforcement and Implementation Act 
of 2015 (PTCEI Act), each railroad subject to 49 U.S.C. 20157(a) must 
submit an annual progress report to FRA by March 31, 2016, and annually 
thereafter, until PTC implementation is completed. 49 U.S.C. 
20157(c)(1). The PTCEI Act specifically requires each railroad to 
provide certain information in the annual reports regarding its 
progress toward implementing a PTC system, including ``any other 
information'' FRA requests. See id. In addition, 49 U.S.C. 20157(c)(2) 
requires FRA to conduct compliance reviews at least annually to ensure 
that each railroad is complying with its revised PTC Implementation 
Plan (PTCIP). The PTCEI Act requires railroads to provide information 
to FRA that FRA determines is necessary to adequately conduct such 
compliance reviews. See 49 U.S.C. 20157(c)(2).
    On March 16, 2016, OMB approved FRA's Annual PTC Progress Report 
Form (Form FRA F 6180.166) for a period of 180 days under its emergency 
processing procedures. However, based on industry's oral and written 
comments on the Quarterly PTC Progress Report Form (Form FRA F 
6180.165, OMB Control No. 2130-0553; OMB Approval Expires June 30, 
2017), FRA revised the Annual PTC Progress Report Form to be as 
consistent with the quarterly report form as possible (where the 
questions overlap), enabling railroads to transfer information from the 
quarterly report forms to the annual report forms more easily. In 
summary, on April 12, 2016, the Association of American Railroads (AAR) 
submitted comments to FRA on behalf of itself and its member railroads, 
and the American Public Transit Association (APTA) submitted comments 
to FRA on behalf of the Northeast Illinois Regional Commuter Railroad 
(Metra), the Utah Transit Authority, the Tri-County Metropolitan 
Transportation District of Oregon, and the Fort Worth Transportation 
Authority.
    On April 19, 2016, FRA held a meeting on the proposed Quarterly PTC 
Progress Report Form to offer the affected regulated entities a forum 
to provide additional comments and feedback to FRA. Representatives 
from, and members of, AAR, APTA, the American Short Line and Regional 
Railroad Association, and several individual railroad representatives 
attended the meeting and provided feedback. FRA published minutes from 
the meeting on www.regulations.gov under Docket No. FRA-2016-0002. For 
a detailed summary of the oral and written comments and FRA's responses 
to the comments, please see 81 FR 28140 (May 9, 2016).
    The current Annual PTC Progress Report Form, as approved through 
September 30, 2016, can be accessed and downloaded in FRA's eLibrary 
at: https://www.fra.dot.gov/eLib/details/L17366. To view the revised 
Annual PTC Progress Report Form, please see the form attached to FRA's 
June 23, 2016, Federal Register notice. 81 FR 40938, 40940-40953. FRA 
is submitting the June 23rd version of the annual form, but with minor 
spacing modifications, to OMB today for review and regular processing.

III. Overview of Information Collection

    The associated collection of information is summarized below.
    Title: Annual Positive Train Control Progress Report Form.
    OMB Control Number: 2130-0553.
    Form Number(s): FRA F 6180.166.
    Affected Public: Businesses.
    Frequency of Submission: One-time; on occasion.

[[Page 65703]]

    Respondent Universe: 41 railroad carriers.
    Reporting burden:

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                                                            Total annual       Average time per    Total annual
    Annual PTC progress report     Respondent universe       responses             response        burden hours
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Form FRA F 6180.166..............  41 railroads.......  41 reports/forms...  38.41 hours........           1,575
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    FRA notes that the 38.41-hour estimate is an average for all 
railroads. FRA estimated the annual reporting burden is 60 hours for 
Class I and large passenger railroads, 40 hours for Class II and medium 
passenger railroads, and 25 hours for Class III, terminal, and small 
passenger railroads.
    Total Estimated Annual Responses for Form FRA F 6180.166: 41.
    Total Estimated Annual Burden for Form FRA F 6180.166: 1,575 hours.
    Total Estimated Annual Responses for Entire Information Collection: 
147,776.
    Total Estimated Annual Burden for Entire Information Collection: 
3,126,039.
    Status: Regular Review.
    Under 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 September 20, 2016.
Patrick T. Warren,
Acting Executive Director.
[FR Doc. 2016-22943 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-06-P