82_FR_18898 82 FR 18822 - Proposed Agency Information Collection Activities; Comment Request

82 FR 18822 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 76 (April 21, 2017)

Page Range18822-18824
FR Document2017-08104

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces FRA is forwarding for renewal the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 21, 2016, FRA published a notice providing a 60-day period for public comment on the ICR.

Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18822-18824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08104]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-11]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and comment request.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces FRA is forwarding for renewal the Information Collection 
Request (ICR) abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The ICR describes the information 
collection and its expected burden. On December 21, 2016, FRA published 
a notice providing a 60-day period for public comment on the ICR.

DATES: Comments must be submitted on or before May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information 
Collection Clearance Officer, 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, Information Collection Clearance Officer, 
Office of Administration, 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.)

SUPPLEMENTARY INFORMATION: The PRA, 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 December 21, 2016, 
FRA published a 60-day notice in the Federal Register soliciting 
comment on the ICR for which it is now seeking OMB approval. See 81 FR 
93725. On February 21, 2017, FRA received one comment in response to 
the 60-day notice from Mr. Jeffrey S. Hollister, President and CEO of 
American Railcar Industries (ARI), Inc.
    Many of ARI's comments focus on the substantive merits of the 
Railworthiness Directive and Revised Railworthiness Directive 
(collectively RWD or Directive unless stated otherwise) this ICR 
pertains to and FRA's authority to issue the RWD. Because these 
comments are outside the scope of the PRA burden analyzed in this 
notice, and because the RWD is currently the subject of a legal action 
brought by ARI, FRA cannot respond to those comments in this notice. 
Consistent with the PRA, however, FRA is addressing each of ARI's 
comments on the accuracy of FRA's estimates of the burdens of the 
information collection activities associated with the RWD.
    In its comments, ARI expresses the view ``FRA dramatically 
underestimates the burdens created by the information collection 
activities required by the Directive.'' Specifically, ARI alleges FRA's 
burden estimates are too low in the following eight instances:
    (1) To identify the 14,800 tank cars subject to the Directive, FRA 
estimated the total annual burden as 80 hours, but ARI estimates 900 
hours because ``the time calculated to respond to 100 lessees at 4 
hours each is 400 hours, plus FRA failed to account for 500 hours ARI 
already has invested in supporting customer requests for information on 
the application of the Directive to their cars'';
    (2) To visually inspect the 14,800 tank cars prior to each loaded 
trip, FRA estimated the total annual burden as 7,400 hours, but ARI 
estimates 98,667 hours. ARI estimates an average of 20 railcar loadings 
and 20 minutes for each inspection and the associated documentation 
requirements;
    (3) To inspect and test the sump and bottom outlet valve (BOV) skid 
groove attachment welds and maintain record results for over 2,200 tank 
cars, FRA estimates the total annual burden hours as 6,600 hours, but 
ARI estimates 53,200 hours based on the assumption that each inspection 
and test will take 26.5 hours;
    (4) FRA estimated no total annual burden hours for removal of tank 
linings to perform visual inspections on 0 percent of the cars to be 
inspected. ARI estimates 2 hours per car or an additional 1,320 total 
annual burden hours;
    (5) To train and test tank car mechanics who are not qualified on 
non-destructive testing (NDT) procedures and record qualification, FRA 
estimated the total annual burden as 132 hours, but ARI estimates 640 
hours. ARI asserts FRA did not take into account the need to train 100 
inspectors, develop the NDT procedures, or prepare specimens and 
training procedures;
    (6) For tank car notification to all parties of the terms of the 
Directive and inspection/testing schedule, FRA estimated the total 
annual burden as 100 hours, but ARI estimates 8,800 hours. ARI notes 
that ``FRA estimates only 100 notices at one hour each while ARI 
assumes this task requires the development of over 2,200 plans at 4 
hours per car to get each car to a shop, develop a freight plan, shop 
schedule, and out-of-service time'';
    (7) For reports of inspection, test, and repair to FRA, ARI states 
FRA estimated the total annual burden hours as 3,300 hours, but ARI 
estimates 6,600 hours. (FRA notes that, in its approved Emergency 
Clearance submission to OMB, it previously estimated this burden at 
33,600 hours, not the erroneous 3,300 hours in its 60-day December 21, 
2016, Federal Register notice which ARI cited in its comments). ARI 
explains it estimates 3 hours per car/report ``in order to include the 
time ARI spends to review the reports, correct factual errors, store 
results, update the database and provide summaries to the FRA''; and
    (8) For tank car facility requests to tank car owners for written 
permission and approval of qualification and maintenance programs, FRA 
estimated the total annual burden as 7 hours, but ARI estimates 660 
hours for 330 cars (15%) which will require owner's approval and 
instructions prior to repair which will require 2 hours per car.
    After careful consideration of ARI's comments and estimates, FRA 
reviewed its own estimates and either validated its initial estimates 
or adjusted its estimates in light of ARI's comments. As a result, FRA 
now estimates a total annual burden for this ICR in excess of the 
68,953 hours originally approved by OMB on October 18, 2016, in FRA's

[[Page 18823]]

Emergency Clearance submission. FRA's modified burden estimates are as 
follows:
    (1) To identify the railroad tank cars subject to the RWD, FRA 
stands by its original estimate of 20 identifications/reports--one 
report for each of the estimated 20 tank car owners/100 lessees (5 
lessees per tank car owner are included/incorporated in each 
identification/report)--and 80 hours (4 hours per identification/
report). FRA believes ARI's estimate of 900 hours is excessive because 
tank cars built to the ARI or ACF Industries, LLC (ACF) 300 stub sill 
design and subject to the Directive are easily identifiable based upon 
their certificates of construction which all tank car owners are 
required to retain;
    (2) To visually inspect the tank cars prior to each loaded move, 
FRA has revised its previous estimate of 7,400 total annual burden 
hours to 14,529 total burden hours. FRA believes the number of annual 
load moves is 6 and each visual inspection/record takes approximately 
10 minutes to complete, while ARI estimates there are 20 annual load 
moves per year and each visual inspection/record takes 20 minutes to 
complete. To arrive at its total burden of 98,667 hours, ARI more than 
triples the number of annual load moves (20 moves instead of 6 moves) 
and doubles the time to complete each visual inspection/record (20 
minutes instead of 10 minutes). FRA subject matter experts state the 
number of annual load moves is well under 10 and completing the 
required visual inspection/record is not a time consuming process and 
should take significantly less than 20 minutes;
    (3) To inspect and test the sump and BOV skid groove attachment 
welds and maintain record results, FRA has revised its estimate to 
reflect the 2,175 cars subject to this requirement (15 percent of the 
estimated fleet of 14,500 cars subject to the Directive) \1\ and has 
increased its estimate of the average time it takes to complete this 
requirement from 2 hours to 19 hours (i.e., 4 hours for cleaning, 
inbound inspection, and estimating (write-up), plus 3 hours for 
inspection, testing, records preparation for visual and ultrasonic 
testing, plus 12 hours for car repairs). Thus, FRA has raised its 
previous estimate of 6,600 total annual burden hours to 41,325 total 
annual burden hours. FRA's adjusted estimate of 41,325 hours 
approximates the ARI asserted total burden of 53,200 hours. Again, the 
experience of FRA subject matter experts supports this revised number 
as closer to the true burden than either FRA's initial estimate or 
ARI's estimate in its comments;
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    \1\ FRA recognizes the total fleet of cars subject to this RWD 
is approximately 14,800, but based on written and verbal reports 
provided to FRA to date, FRA understands that 300 cars have already 
been inspected under terms meeting the RWD.
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    (4) For removal of the tank lining as part of the visual 
inspection/testing/repair requirement, FRA believes it will be 
necessary to remove the tank lining in 435 tank cars to conduct the 
inspections and tests this RWD requires (20% of the 2,175 cars to be 
inspected under this RWD (again, 2,175 is 15% of the estimated total 
fleet subject to the RWD)). In its comments, ARI estimates it will be 
necessary to remove the tank lining in 660 cars (approximately 30 
percent of the cars required to be inspected under this RWD). FRA also 
estimates this process will take an average of 2 hours per car to 
complete. FRA's revised burden total amounts to 870 hours while ARI's 
total burden is 1,320 hours. FRA believes this estimate is closer to 
the actual burden, as supported by the experience of its subject matter 
experts;
    (5) To train and test tank car mechanics who are not qualified on 
NDT procedures and record qualification, FRA has revised its original 
estimate of the total number of individuals who will need such training 
to 90. FRA now estimates it will take approximately 2 hours to train 
each person (for a total annual burden hours of 180 hours). ARI 
estimates 100 individuals will be trained and it will take 
approximately 6.4 hours to complete each person's training (for a total 
annual burden of 640 hours). FRA and ARI are in the same vicinity 
concerning the number of individuals to be trained, but disagree on the 
average time to complete the necessary training. FRA has doubled its 
original average time estimate and believes two hours is more than 
adequate to complete this requirement;
    (6) For tank car notification to all parties of the terms of the 
Directive and inspection/testing schedule, FRA is maintaining its 
estimate of 100 notifications to the affected parties (i.e., tank car 
lessees), but is doubling the average time to complete each 
notification to 2 hours (for a total burden of 200 hours). ARI 
calculates its estimated burden of 8,800 hours to include 2,200 cars 
and 4 hours to complete each required notification. However, ARI 
misinterprets the requirement and applies the notifications to cars 
rather than all parties under contract to tank car owners. 
Consequently, it vastly overestimates the number of notifications. 
ARI's average time estimate of 4 hours per notification is double FRA's 
revised estimate and because it is based on cars, not parties under 
contract to the tank car owners, it is not based on facts and is 
unrealistic;
    (7) For reports of inspection, test, and repair information to FRA, 
FRA already accounted for this burden in its earlier 19-hour estimate 
in (3) above for inspection, testing, repair, and corresponding records 
that totaled 41,325 hours. ARI estimated this burden at 53,200 hours as 
explained in (3) above, but then includes an additional burden here of 
6,600 hours. Thus, ARI has mistakenly double-counted this burden;
    (8) For tank car facility requests to tank car owners for written 
permission and approval of qualification and maintenance programs, FRA 
stands by its original total annual burden estimate of 7 hours (20 
written requests plus 20 written permissions at 10 minutes each). FRA 
believes ARI's estimate of 660 hours misinterprets the requirement. ARI 
includes a written permission by the tank car owner for 330 cars (15% 
of 2,220 cars) rather than for the qualification and maintenance 
program operated by the tank car facility. FRA does not believe it will 
take triple the time (60 minutes as opposed to 20 minutes) to complete 
each written request and triple the time to complete each written 
permission (again 60 minutes as opposed to 20 minutes). Thus, FRA is 
maintaining its original estimate for this requirement;
    (9) For reports by tank car facilities to tank car owners of all 
work performed and all observed damage, deterioration, failed 
components, or noncompliant parts under 49 CFR 180.513, FRA estimates 
there will be 2,175 repair reports/records and it will take 
approximately 12 hours to complete each weld defect repair and 
associated report/record for a total annual burden of 26,100 hours. ARI 
did not state its estimate for this requirement in its comment. 
Nevertheless, based on its stated total burden of 176,092 hours, it 
appears ARI estimated a total of 2,200 reports would be completed with 
an average time of 2.411 hours to complete each repair report/record 
(for a total of 5,305 hours). FRA believes ARI underestimated the time 
necessary to complete repairs for weld defects and the corresponding 
report/record and, thus, the true burden. FRA is once again relying on 
the experience and knowledge of its subject matter experts; and
    (10) Finally, regarding the new exemption provision in the Revised 
Directive, FRA estimates 10 tank car owners will request exemptions 
from all

[[Page 18824]]

or part of the requirements of the RWD for a total of 149 hours (14.9 
hours per petition). Neither FRA nor ARI accounted for this potential 
burden previously.
    Overall, FRA's modified estimates amount to 83,440 hours. For the 
reasons outlined above, FRA believes this revised total is more 
accurate and more reasonable than its original estimates \2\ and ARI's 
estimate of 176,092 hours.
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    \2\ FRA notes its December 21, 2016, 60-day Federal Register 
notice contained an error in math. The total burden in that notice 
should have been 30,240 hours higher (for a total burden of 53,164 
hours). See 81 FR 93725.
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    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 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 this notice's 
publication. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995.
    The summary below describes the ICR and its expected burden. FRA is 
submitting this renewal request for clearance by OMB as the PRA 
requires.
    Title: Railworthiness Directive (RWD) RWD 2016-01 [REVISED] 
(previously approved by OMB under the title Railworthiness Directive 
for Certain Tank Cars Equipped with Bottom Outlet Valve Assembly and 
Constructed by American Railcar Industries and ACF Industries).
    OMB Control Number: 2130-0616.
    Abstract: An FRA investigation identified a certain design of 
specification DOT-111 tank cars that ARI and ACF manufactured using 
welding practices not in conformance with Federal regulations and 
Association of American Railroads' welding specifications. The cars are 
built to the ARI and ACF 300 stub sill design and equipped with a two-
piece cast sump and BOV skid. As a result of the non-conforming welding 
practices, these cars may have substantial weld defects at the sump and 
BOV skid groove attachment welds, potentially affecting each tank's 
ability to retain its contents during transportation. On September 30, 
2016, FRA issued the initial RWD. On November 18, 2016, FRA issued a 
Revised Directive. The Revised Directive requires owners to: (1) 
Identify tank cars in their fleet covered by the Directive; and (2) 
ensure appropriate inspection and testing of each tank car's sump and 
BOV skid groove attachment welds to ensure no flaw exists which could 
result in the loss of tank integrity. This ICR applies to the Revised 
Directive.
    Type of Request: Regular clearance of an information collection 
previously approved under emergency processing procedures.
    Affected Public: Businesses (tank car owners, shippers, and tank 
car facilities).
    Form(s): N/A.
    Total Estimated Annual Responses: 92,250.
    Total Estimated Annual Burden: 83,440 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th 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 DOT to properly perform 
its functions, including whether the information will have practical 
utility; the accuracy of DOT'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.

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

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-08104 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-06-P



                                                18822                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                government-owned equipment to                           (These telephone numbers are not toll                 estimates the total annual burden hours
                                                provide intermittent passenger                          free.)                                                as 6,600 hours, but ARI estimates 53,200
                                                transportation. G4S states that the                     SUPPLEMENTARY INFORMATION:      The PRA,              hours based on the assumption that
                                                company believes that this exemption                    44 U.S.C. 3501–3520, and its                          each inspection and test will take 26.5
                                                proposal achieves a level of safety that                implementing regulations, 5 CFR part                  hours;
                                                is equivalent to the ELD mandate that                                                                            (4) FRA estimated no total annual
                                                                                                        1320, require Federal agencies to issue
                                                takes effect on December 18, 2017—                                                                            burden hours for removal of tank linings
                                                                                                        two notices seeking public comment on
                                                because its drivers would still be subject                                                                    to perform visual inspections on 0
                                                                                                        information collection activities before
                                                to the hours-of-service (HOS)                                                                                 percent of the cars to be inspected. ARI
                                                                                                        OMB may approve paperwork packages.
                                                restrictions contained in 49 CFR part                                                                         estimates 2 hours per car or an
                                                                                                        44 U.S.C. 3506, 3507; 5 CFR 1320.5,
                                                395 and would continue to (when                                                                               additional 1,320 total annual burden
                                                                                                        1320.8(d)(1), and 1320.12. On December
                                                required) record their duty status on                                                                         hours;
                                                                                                        21, 2016, FRA published a 60-day notice                  (5) To train and test tank car
                                                paper logbooks, just as driveaway-                      in the Federal Register soliciting
                                                towaway drivers are authorized to do.                                                                         mechanics who are not qualified on
                                                                                                        comment on the ICR for which it is now                non-destructive testing (NDT)
                                                   A copy of G4S’s application for                      seeking OMB approval. See 81 FR
                                                exemption is available for review in the                                                                      procedures and record qualification,
                                                                                                        93725. On February 21, 2017, FRA                      FRA estimated the total annual burden
                                                docket for this notice.                                 received one comment in response to                   as 132 hours, but ARI estimates 640
                                                  Issued on: April 14, 2017.                            the 60-day notice from Mr. Jeffrey S.                 hours. ARI asserts FRA did not take into
                                                Larry W. Minor,                                         Hollister, President and CEO of                       account the need to train 100 inspectors,
                                                Associate Administrator for Policy.                     American Railcar Industries (ARI), Inc.               develop the NDT procedures, or prepare
                                                [FR Doc. 2017–08092 Filed 4–20–17; 8:45 am]                Many of ARI’s comments focus on the                specimens and training procedures;
                                                BILLING CODE 4910–EX–P
                                                                                                        substantive merits of the Railworthiness                 (6) For tank car notification to all
                                                                                                        Directive and Revised Railworthiness                  parties of the terms of the Directive and
                                                                                                        Directive (collectively RWD or Directive              inspection/testing schedule, FRA
                                                DEPARTMENT OF TRANSPORTATION                            unless stated otherwise) this ICR                     estimated the total annual burden as 100
                                                                                                        pertains to and FRA’s authority to issue              hours, but ARI estimates 8,800 hours.
                                                Federal Railroad Administration                         the RWD. Because these comments are                   ARI notes that ‘‘FRA estimates only 100
                                                                                                        outside the scope of the PRA burden                   notices at one hour each while ARI
                                                [Docket No. FRA–2017–0002–N–11]                         analyzed in this notice, and because the              assumes this task requires the
                                                                                                        RWD is currently the subject of a legal               development of over 2,200 plans at 4
                                                Proposed Agency Information                             action brought by ARI, FRA cannot                     hours per car to get each car to a shop,
                                                Collection Activities; Comment                          respond to those comments in this                     develop a freight plan, shop schedule,
                                                Request                                                 notice. Consistent with the PRA,                      and out-of-service time’’;
                                                                                                        however, FRA is addressing each of                       (7) For reports of inspection, test, and
                                                AGENCY: Federal Railroad                                ARI’s comments on the accuracy of                     repair to FRA, ARI states FRA estimated
                                                Administration (FRA), Department of                     FRA’s estimates of the burdens of the                 the total annual burden hours as 3,300
                                                Transportation (DOT).                                   information collection activities                     hours, but ARI estimates 6,600 hours.
                                                ACTION: Notice and comment request.                     associated with the RWD.                              (FRA notes that, in its approved
                                                                                                           In its comments, ARI expresses the                 Emergency Clearance submission to
                                                SUMMARY:   Under the Paperwork
                                                                                                        view ‘‘FRA dramatically underestimates                OMB, it previously estimated this
                                                Reduction Act of 1995 (PRA), this notice
                                                                                                        the burdens created by the information                burden at 33,600 hours, not the
                                                announces FRA is forwarding for
                                                                                                        collection activities required by the                 erroneous 3,300 hours in its 60-day
                                                renewal the Information Collection
                                                                                                        Directive.’’ Specifically, ARI alleges                December 21, 2016, Federal Register
                                                Request (ICR) abstracted below to the
                                                                                                        FRA’s burden estimates are too low in                 notice which ARI cited in its
                                                Office of Management and Budget
                                                                                                        the following eight instances:                        comments). ARI explains it estimates 3
                                                (OMB) for review and comment. The
                                                                                                           (1) To identify the 14,800 tank cars               hours per car/report ‘‘in order to include
                                                ICR describes the information collection
                                                                                                        subject to the Directive, FRA estimated               the time ARI spends to review the
                                                and its expected burden. On December
                                                                                                        the total annual burden as 80 hours, but              reports, correct factual errors, store
                                                21, 2016, FRA published a notice
                                                                                                        ARI estimates 900 hours because ‘‘the                 results, update the database and provide
                                                providing a 60-day period for public
                                                                                                        time calculated to respond to 100                     summaries to the FRA’’; and
                                                comment on the ICR.
                                                                                                        lessees at 4 hours each is 400 hours,                    (8) For tank car facility requests to
                                                DATES: Comments must be submitted on                    plus FRA failed to account for 500 hours              tank car owners for written permission
                                                or before May 22, 2017.                                 ARI already has invested in supporting                and approval of qualification and
                                                FOR FURTHER INFORMATION CONTACT: Mr.                    customer requests for information on                  maintenance programs, FRA estimated
                                                Robert Brogan, Information Collection                   the application of the Directive to their             the total annual burden as 7 hours, but
                                                Clearance Officer, Office of Railroad                   cars’’;                                               ARI estimates 660 hours for 330 cars
                                                Safety, Regulatory Analysis Division,                      (2) To visually inspect the 14,800 tank            (15%) which will require owner’s
                                                RRS–21, Federal Railroad                                cars prior to each loaded trip, FRA                   approval and instructions prior to repair
                                                Administration, 1200 New Jersey                         estimated the total annual burden as                  which will require 2 hours per car.
                                                Avenue SE., Mail Stop 25, Washington,                   7,400 hours, but ARI estimates 98,667                    After careful consideration of ARI’s
                                                DC 20590 (Telephone: (202) 493–6292);                   hours. ARI estimates an average of 20                 comments and estimates, FRA reviewed
sradovich on DSK3GMQ082PROD with NOTICES




                                                or Ms. Kim Toone, Information                           railcar loadings and 20 minutes for each              its own estimates and either validated
                                                Collection Clearance Officer, Office of                 inspection and the associated                         its initial estimates or adjusted its
                                                Administration, Office of Information                   documentation requirements;                           estimates in light of ARI’s comments. As
                                                Technology, RAD–20, Federal Railroad                       (3) To inspect and test the sump and               a result, FRA now estimates a total
                                                Administration, 1200 New Jersey                         bottom outlet valve (BOV) skid groove                 annual burden for this ICR in excess of
                                                Avenue SE., Mail Stop 35, Washington,                   attachment welds and maintain record                  the 68,953 hours originally approved by
                                                DC 20590 (Telephone: (202) 493–6132).                   results for over 2,200 tank cars, FRA                 OMB on October 18, 2016, in FRA’s


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                                                                                 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices                                            18823

                                                Emergency Clearance submission. FRA’s                   Again, the experience of FRA subject                  double FRA’s revised estimate and
                                                modified burden estimates are as                        matter experts supports this revised                  because it is based on cars, not parties
                                                follows:                                                number as closer to the true burden than              under contract to the tank car owners,
                                                   (1) To identify the railroad tank cars               either FRA’s initial estimate or ARI’s                it is not based on facts and is
                                                subject to the RWD, FRA stands by its                   estimate in its comments;                             unrealistic;
                                                original estimate of 20 identifications/                   (4) For removal of the tank lining as                 (7) For reports of inspection, test, and
                                                reports—one report for each of the                      part of the visual inspection/testing/                repair information to FRA, FRA already
                                                estimated 20 tank car owners/100                        repair requirement, FRA believes it will              accounted for this burden in its earlier
                                                lessees (5 lessees per tank car owner are               be necessary to remove the tank lining                19-hour estimate in (3) above for
                                                included/incorporated in each                           in 435 tank cars to conduct the                       inspection, testing, repair, and
                                                identification/report)—and 80 hours (4                  inspections and tests this RWD requires               corresponding records that totaled
                                                hours per identification/report). FRA                   (20% of the 2,175 cars to be inspected                41,325 hours. ARI estimated this burden
                                                believes ARI’s estimate of 900 hours is                 under this RWD (again, 2,175 is 15% of                at 53,200 hours as explained in (3)
                                                excessive because tank cars built to the                the estimated total fleet subject to the              above, but then includes an additional
                                                ARI or ACF Industries, LLC (ACF) 300                    RWD)). In its comments, ARI estimates                 burden here of 6,600 hours. Thus, ARI
                                                stub sill design and subject to the                     it will be necessary to remove the tank               has mistakenly double-counted this
                                                Directive are easily identifiable based                 lining in 660 cars (approximately 30                  burden;
                                                upon their certificates of construction                 percent of the cars required to be                       (8) For tank car facility requests to
                                                which all tank car owners are required                  inspected under this RWD). FRA also                   tank car owners for written permission
                                                to retain;                                              estimates this process will take an                   and approval of qualification and
                                                   (2) To visually inspect the tank cars                average of 2 hours per car to complete.               maintenance programs, FRA stands by
                                                prior to each loaded move, FRA has                      FRA’s revised burden total amounts to                 its original total annual burden estimate
                                                revised its previous estimate of 7,400                  870 hours while ARI’s total burden is                 of 7 hours (20 written requests plus 20
                                                total annual burden hours to 14,529                     1,320 hours. FRA believes this estimate               written permissions at 10 minutes each).
                                                total burden hours. FRA believes the                    is closer to the actual burden, as                    FRA believes ARI’s estimate of 660
                                                number of annual load moves is 6 and                    supported by the experience of its                    hours misinterprets the requirement.
                                                each visual inspection/record takes                     subject matter experts;                               ARI includes a written permission by
                                                approximately 10 minutes to complete,                      (5) To train and test tank car                     the tank car owner for 330 cars (15% of
                                                while ARI estimates there are 20 annual                 mechanics who are not qualified on                    2,220 cars) rather than for the
                                                load moves per year and each visual                     NDT procedures and record                             qualification and maintenance program
                                                inspection/record takes 20 minutes to                   qualification, FRA has revised its                    operated by the tank car facility. FRA
                                                complete. To arrive at its total burden of              original estimate of the total number of              does not believe it will take triple the
                                                98,667 hours, ARI more than triples the                 individuals who will need such training               time (60 minutes as opposed to 20
                                                number of annual load moves (20 moves                   to 90. FRA now estimates it will take                 minutes) to complete each written
                                                instead of 6 moves) and doubles the                     approximately 2 hours to train each                   request and triple the time to complete
                                                time to complete each visual inspection/                person (for a total annual burden hours               each written permission (again 60
                                                record (20 minutes instead of 10                        of 180 hours). ARI estimates 100                      minutes as opposed to 20 minutes).
                                                minutes). FRA subject matter experts                    individuals will be trained and it will               Thus, FRA is maintaining its original
                                                state the number of annual load moves                   take approximately 6.4 hours to                       estimate for this requirement;
                                                is well under 10 and completing the                     complete each person’s training (for a                   (9) For reports by tank car facilities to
                                                required visual inspection/record is not                total annual burden of 640 hours). FRA                tank car owners of all work performed
                                                a time consuming process and should                     and ARI are in the same vicinity                      and all observed damage, deterioration,
                                                take significantly less than 20 minutes;                concerning the number of individuals to               failed components, or noncompliant
                                                   (3) To inspect and test the sump and                 be trained, but disagree on the average               parts under 49 CFR 180.513, FRA
                                                BOV skid groove attachment welds and                    time to complete the necessary training.              estimates there will be 2,175 repair
                                                maintain record results, FRA has                        FRA has doubled its original average                  reports/records and it will take
                                                revised its estimate to reflect the 2,175               time estimate and believes two hours is               approximately 12 hours to complete
                                                cars subject to this requirement (15                    more than adequate to complete this                   each weld defect repair and associated
                                                percent of the estimated fleet of 14,500                requirement;                                          report/record for a total annual burden
                                                cars subject to the Directive) 1 and has                   (6) For tank car notification to all               of 26,100 hours. ARI did not state its
                                                increased its estimate of the average                   parties of the terms of the Directive and             estimate for this requirement in its
                                                time it takes to complete this                          inspection/testing schedule, FRA is                   comment. Nevertheless, based on its
                                                requirement from 2 hours to 19 hours                    maintaining its estimate of 100                       stated total burden of 176,092 hours, it
                                                (i.e., 4 hours for cleaning, inbound                    notifications to the affected parties (i.e.,          appears ARI estimated a total of 2,200
                                                inspection, and estimating (write-up),                  tank car lessees), but is doubling the                reports would be completed with an
                                                plus 3 hours for inspection, testing,                   average time to complete each                         average time of 2.411 hours to complete
                                                records preparation for visual and                      notification to 2 hours (for a total                  each repair report/record (for a total of
                                                ultrasonic testing, plus 12 hours for car               burden of 200 hours). ARI calculates its              5,305 hours). FRA believes ARI
                                                repairs). Thus, FRA has raised its                      estimated burden of 8,800 hours to                    underestimated the time necessary to
                                                previous estimate of 6,600 total annual                 include 2,200 cars and 4 hours to                     complete repairs for weld defects and
                                                burden hours to 41,325 total annual                     complete each required notification.                  the corresponding report/record and,
                                                burden hours. FRA’s adjusted estimate                   However, ARI misinterprets the
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                                                                                                                                                              thus, the true burden. FRA is once again
                                                of 41,325 hours approximates the ARI                    requirement and applies the                           relying on the experience and
                                                asserted total burden of 53,200 hours.                  notifications to cars rather than all                 knowledge of its subject matter experts;
                                                                                                        parties under contract to tank car                    and
                                                  1 FRA recognizes the total fleet of cars subject to
                                                                                                        owners. Consequently, it vastly                          (10) Finally, regarding the new
                                                this RWD is approximately 14,800, but based on          overestimates the number of                           exemption provision in the Revised
                                                written and verbal reports provided to FRA to date,
                                                FRA understands that 300 cars have already been         notifications. ARI’s average time                     Directive, FRA estimates 10 tank car
                                                inspected under terms meeting the RWD.                  estimate of 4 hours per notification is               owners will request exemptions from all


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                                                18824                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                or part of the requirements of the RWD                  FRA issued a Revised Directive. The                   ACTION:Notice of Request for Applicants
                                                for a total of 149 hours (14.9 hours per                Revised Directive requires owners to: (1)             for Appointment/Reappointment to the
                                                petition). Neither FRA nor ARI                          Identify tank cars in their fleet covered             National Emergency Medical Services
                                                accounted for this potential burden                     by the Directive; and (2) ensure                      Advisory Council (NEMSAC).
                                                previously.                                             appropriate inspection and testing of
                                                   Overall, FRA’s modified estimates                    each tank car’s sump and BOV skid                     SUMMARY:    NHTSA and its partners at the
                                                amount to 83,440 hours. For the reasons                 groove attachment welds to ensure no                  Departments of Health and Human
                                                outlined above, FRA believes this                       flaw exists which could result in the                 Services (HHS) and Homeland Security
                                                revised total is more accurate and more                 loss of tank integrity. This ICR applies              (DHS) are soliciting applications for
                                                reasonable than its original estimates 2                to the Revised Directive.                             appointment or reappointment to DOT’s
                                                and ARI’s estimate of 176,092 hours.                       Type of Request: Regular clearance of              NEMSAC. The purpose of NEMSAC, a
                                                   Before OMB decides whether to                        an information collection previously                  nationally recognized council of
                                                approve these proposed collections of                   approved under emergency processing                   emergency medical services
                                                information, it must provide 30 days for                procedures.                                           representatives and consumers, is to
                                                public comment. 44 U.S.C. 3507(b); 5                       Affected Public: Businesses (tank car              advise and consult with DOT and the
                                                CFR 1320.12(d). Federal law requires                    owners, shippers, and tank car                        Federal Interagency Committee on EMS
                                                OMB to approve or disapprove                            facilities).                                          (FICEMS) on matters relating to
                                                paperwork packages between 30 and 60                       Form(s): N/A.                                      emergency medical services (EMS).
                                                days after the 30-day notice is                            Total Estimated Annual Responses:                  More information on NEMSAC,
                                                published. 44 U.S.C. 3507(b)–(c); 5 CFR                 92,250.                                               including its previous
                                                1320.12(d); see also 60 FR 44978, 44983,                   Total Estimated Annual Burden:                     recommendations, its charter, and its
                                                Aug. 29, 1995. OMB believes the 30-day                  83,440 hours.                                         current membership is available at
                                                notice informs the regulated community                     Addressee: Send comments regarding                 www.EMS.gov/NEMSAC.htm.
                                                to file relevant comments and affords                   these information collections to the                  DATES: Application packages as
                                                the agency adequate time to digest                      Office of Information and Regulatory                  described below must be received by
                                                public comments before it renders a                     Affairs, Office of Management and                     NHTSA on or before June 16, 2017.
                                                decision. 60 FR 44983, Aug. 29, 1995.                   Budget, 725 17th Street NW.,                          ADDRESSES: If you wish to apply for
                                                Therefore, respondents should submit                    Washington, DC 20503, Attention: FRA                  membership, your application package
                                                their respective comments to OMB                        Desk Officer. Comments may also be                    should be submitted by:
                                                within 30 days of this notice’s                         sent via email to OMB at the following                  • Email: NEMSAC@dot.gov;
                                                publication. 5 CFR 1320.12(c); see also                 address: oira_submissions@                              • Fax: (202) 366–7149; or
                                                60 FR 44983, Aug. 29, 1995.                             omb.eop.gov.                                            • Mail: Use only overnight mail such
                                                   The summary below describes the ICR                     Comments are invited on the                        as UPS or FedEx to:
                                                and its expected burden. FRA is                         following: Whether the proposed                         U.S. Department of Transportation,
                                                submitting this renewal request for                     collections of information are necessary              National Highway Traffic Safety
                                                clearance by OMB as the PRA requires.                   for DOT to properly perform its
                                                   Title: Railworthiness Directive (RWD)                                                                      Administration, Office of Emergency
                                                                                                        functions, including whether the                      Medical Services, Attn: Susan McHenry,
                                                RWD 2016–01 [REVISED] (previously                       information will have practical utility;
                                                approved by OMB under the title                                                                               1200 New Jersey Avenue SE., NTI–140,
                                                                                                        the accuracy of DOT’s estimates of the                Washington, DC 20590.
                                                Railworthiness Directive for Certain                    burden of the proposed information
                                                Tank Cars Equipped with Bottom Outlet                                                                           Any person needing accessibility
                                                                                                        collections; ways to enhance the quality,             accommodations should contact Susan
                                                Valve Assembly and Constructed by                       utility, and clarity of the information to
                                                American Railcar Industries and ACF                                                                           McHenry at (202) 366–6540.
                                                                                                        be collected; and ways to minimize the                FOR FURTHER INFORMATION CONTACT: The
                                                Industries).                                            burden of the collections of information
                                                   OMB Control Number: 2130–0616.                                                                             Designated Federal Officer, Jon
                                                                                                        on respondents, including the use of                  Krohmer, Director, Office of Emergency
                                                   Abstract: An FRA investigation
                                                                                                        automated collection techniques or                    Medical Services at (202) 366–9966; or
                                                identified a certain design of
                                                specification DOT–111 tank cars that                    other forms of information technology.                Susan McHenry at (202) 366–6540 or via
                                                ARI and ACF manufactured using                            Authority: 44 U.S.C. 3501–3520.                     email at NEMSAC@dot.gov.
                                                welding practices not in conformance                    Sarah L. Inderbitzin,                                 SUPPLEMENTARY INFORMATION: Notice of
                                                with Federal regulations and                                                                                  this call for applications is given under
                                                                                                        Acting Chief Counsel.
                                                Association of American Railroads’                                                                            the Federal Advisory Committee Act,
                                                                                                        [FR Doc. 2017–08104 Filed 4–20–17; 8:45 am]
                                                welding specifications. The cars are                                                                          Public Law 92–463, as amended (5
                                                built to the ARI and ACF 300 stub sill                  BILLING CODE 4910–06–P
                                                                                                                                                              U.S.C. App. 2). The NEMSAC is
                                                design and equipped with a two-piece                                                                          authorized under Section 31108 of the
                                                cast sump and BOV skid. As a result of                                                                        Moving Ahead with Progress in the 21st
                                                the non-conforming welding practices,                   DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              Century Act of 2012.
                                                these cars may have substantial weld                    National Highway Traffic Safety                         The National Highway Traffic Safety
                                                defects at the sump and BOV skid                        Administration                                        Administration is hereby soliciting
                                                groove attachment welds, potentially                                                                          nominations for members of the
                                                affecting each tank’s ability to retain its             [NHTSA–2017–0008]                                     NEMSAC. The Secretary of
                                                contents during transportation. On                                                                            Transportation, in coordination with
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                                                September 30, 2016, FRA issued the                      Notice of Request for Applications for
                                                                                                        Appointment to the National                           HHS and DHS, will appoint 25 Council
                                                initial RWD. On November 18, 2016,                                                                            members on or around July 21, 2017.
                                                                                                        Emergency Medical Services Advisory
                                                                                                        Council                                               Members will be selected with a view
                                                  2 FRA notes its December 21, 2016, 60-day
                                                                                                                                                              toward achieving a varied and balanced
                                                Federal Register notice contained an error in math.
                                                The total burden in that notice should have been
                                                                                                        AGENCY: National Highway Traffic                      perspective on emergency medical
                                                30,240 hours higher (for a total burden of 53,164       Safety Administration (NHTSA), U.S.                   services. The Council will be composed
                                                hours). See 81 FR 93725.                                Department of Transportation (DOT).                   of non-Federal experts representing


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Document Created: 2017-04-21 01:19:04
Document Modified: 2017-04-21 01:19:04
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 comment request.
DatesComments must be submitted on or before May 22, 2017.
ContactMr. Robert Brogan, Information Collection Clearance Officer, 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, Information Collection Clearance Officer, Office of Administration, 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.)
FR Citation82 FR 18822 

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