82 FR 58267 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the Information Collection Requests (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the information collections and their expected burden. On September 13, 2017, FRA published a notice providing a 60-day period for public comment on the ICRs.

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58267-58270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26626]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-26]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice of Information Collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces that FRA is forwarding the Information Collection Requests 
(ICRs) abstracted below to the Office of Management and Budget (OMB) 
for review and comment. The ICRs describe the information collections 
and their expected burden. On September 13, 2017, FRA published a 
notice providing a 60-day period for public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before 
January 10, 2018.

ADDRESSES: Submit written comments on the ICRs 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].

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

[[Page 58268]]

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).

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. See 44 U.S.C. 
3506, 3507; 5 CFR 1320.8-12. On September 13, 2017, FRA published a 60-
day notice in the Federal Register soliciting comment on the ICRs for 
which it is now seeking OMB approval. See 82 FR 43079. FRA received no 
comments in response to this notice.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 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 publication to best ensure having their full effect.
    Comments are invited on the following ICRs regarding: (1) Whether 
the information collection activities are necessary for FRA to properly 
execute its functions, including whether the information will have 
practical utility; (2) 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; (3) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (4) ways to minimize the burden of information 
collection activities on the public, including the use of automated 
collection techniques or other forms of information technology.
    The summaries below describe the ICRs that FRA will submit for OMB 
clearance as the PRA requires:

    Title: Identification of Cars Moved under 49 CFR 232.3(d) (Formerly 
Order 13528).
    OMB Control Number: 2130-0506.
    Abstract: This collection of information identifies certain 
railroad freight cars authorized to move under 49 CFR 232.3(d) 
(formerly Interstate Commerce Commission Order 13528). Paragraph (d) of 
49 CFR 232.3 allows for the movement of certain railroad freight cars 
without air brakes from initial terminal locations or through 
interchange locations under certain conditions.
    Paragraph (d) of 49 CFR 232.3 requires the cars to be identified by 
a card attached to the side of the equipment specifically noting and 
signed by the shipper that the car is being moved under the authority 
of that paragraph. Railroads typically use carrier bad order forms or 
tags for these purposes. These forms are readily available from all 
carrier repair facilities. If a car moving under 49 CFR 232.3(d) is not 
properly tagged, a carrier is not allowed to move the car. Section 
232.3(d)(3) does not require carriers or shippers to retain cards or 
tags. When a car bearing the two tags for movement under this provision 
arrives at its destination, the tags are simply removed. FRA estimates 
approximately 400 cars per year are moved under this regulation. 
Railroad employees use the information collected to ensure that cars 
moved in accordance with Order 13528 arrive at the correct destination. 
These records are not maintained for the purpose of information 
collection per se.
    Type of Request: Extension without change of a current information 
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 755 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 800.
    Total Estimated Annual Burden: 67 hours.

    Title: U.S. Locational Requirement for Dispatching U.S. Rail 
Operations.
    OMB Control Number: 2130-0556.
    Abstract: With one exception, 49 CFR part 241 requires, in the 
absence of a waiver, that all dispatching of railroad operations 
occurring in the United States be performed in the United States. A 
railroad may, however, conduct dispatching from Mexico or Canada in an 
emergency, but only for the duration of the emergency. A railroad 
relying on this exception must provide written notification of its 
action to the FRA Regional Administrator of each FRA region in which 
the railroad emergency operation occurs as soon as practicable; such 
notification is not required before addressing the emergency. The 
information collected under this rule is used as part of FRA's 
oversight function to ensure that extraterritorial dispatchers comply 
with applicable safety regulations.
    Type of Request: Extension without change of a current information 
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 4 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 1.
    Total Estimated Annual Burden: 8 hours.

    Title: Safety and Health Requirements Related to Camp Cars.
    OMB Control Number: 2130-0595.
    Abstract: Subparts C and E of 49 CFR part 228 address the 
construction of railroad-provided sleeping quarters (camp cars) and set 
certain safety and health requirements for such camp cars. 
Specifically, subpart E of part 228 prescribes minimum safety and 
health requirements for camp cars that a railroad provides as sleeping 
quarters to any of its train employees, signal employees, or 
dispatching service employees (covered-service employees), and 
individuals employed to maintain its right-of-way. Subpart E requires 
railroad-provided camp cars to be clean, safe, sanitary, and equipped 
with indoor toilets, potable water, and other features to protect the 
health of car occupants. Subpart C of part 228 prohibits a railroad 
from positioning a camp car intended for occupancy in the immediate 
vicinity of a switching or humping yard which handles railcars 
containing hazardous material (see 49 CFR 228.102). Generally, the 
requirements of subparts C and E of part 228 are intended to provide 
covered-service employees an opportunity for rest free from the 
interruptions caused by noise under the control of the railroad.
    The information collected under this rule is used by FRA to ensure 
railroads operating camp cars comply with all the requirements mandated 
in this regulation to protect the health and safety of camp car 
occupants. Specifically, the information collected is used by FRA 
inspectors to verify that railroads operating camp cars inspect each 
water hydrant, hose, or nozzle used for supplying potable water to a 
camp car water system prior to use and keep records of these 
inspections required under Sec.  228.323. Each such hose or nozzle used 
must be cleaned and sanitized as part of the inspection. A signed, 
dated record of this inspection must be kept within the camp for the 
period of the connection. When the connection is terminated, a copy of 
each

[[Page 58269]]

of these records must be submitted promptly to a centralized location 
for the railroad and maintained for one year from the date the 
connection was terminated. Review of the required record enables FRA 
inspectors to closely monitor water hydrants, hoses, and nozzles used 
for supplying potable water to a camp car water system are properly 
cleaned, sanitized, and inspected in order to prevent camp car 
occupants from drinking contaminated water. The information collected 
under Sec.  228.323 is also used by FRA to confirm that only trained 
individuals are permitted to fill the potable water systems.
    Furthermore, under this section, FRA inspectors verify that 
railroads keep essential certification records/copies regarding the 
safety of potable water from a different local source. The requirement 
states that each time that potable water is drawn from a different 
local source, the railroad must obtain a certificate from a State or 
local health authority indicating that the water from this source is of 
a quality not less than that prescribed in the National Primary 
Drinking Water Regulations promulgated by the U.S. Environmental 
Protection Agency or obtain such a certificate by a certified 
laboratory following testing for compliance with those standards. The 
current certification must be kept within the camp for the duration of 
the connection. When the connection is terminated, a copy of each of 
these records must be submitted promptly to a centralized location for 
the railroad and maintained for one year from the date the connection 
was terminated. Certification by a State or local health authority or 
testing by a certified laboratory and FRA review of certification 
records help ensure that drinking water used by camp car occupants 
meets Federal standards and is safe for consumption.
    Also, under Sec.  228.323, FRA inspectors verify that necessary 
flushing records are kept by railroads operating camp cars. Under the 
requirement, each potable water system must be drained and flushed with 
a disinfecting solution at least once every 120 days. The railroad must 
maintain a record of the draining and flushing of each separate system 
within the camp for the last two drain and flush cycles. The record 
must contain the date of the work and the name(s) of the individual(s) 
performing the work. The original record must be maintained with the 
camp. A copy of each of these records must be sent to a centralized 
location for the railroad and maintained for one year. To be safe for 
consumption by camp car occupants, it is critical that potable water 
systems be drained and flushed periodically with a disinfecting 
solution to prevent the growth of bacteria that causes sickness. FRA 
closely monitors the required flushing and taste records to ensure that 
this necessary task is completed on a continuing basis while camp cars 
are operational, especially when camp car occupants report experiencing 
taste problems with the drinking water.
    Under Sec.  228.331, FRA ensures that any railroad using camp cars 
submits a master emergency preparedness plan pertaining to life safety 
and prominently display a copy of this plan in all their camp cars so 
that all camp occupants can view it at their convenience. FRA reviews 
each plan to ensure that it addresses the following items: (1) The 
means used to be aware of and notify all occupants of impending weather 
threats, including thunderstorms, tornados, hurricanes, floods and 
other major weather related risks; (2) shelter-in-place and emergency-
evacuation instructions for each of the specific threats identified; 
and (3) the address and telephone number of the nearest emergency 
medical facility and directions on how to get there from the camp car. 
Camp car occupants use this information to take necessary action to 
protect their lives and health.
    Finally, under Sec.  228.333, railroads must take remedial action 
within 24 hours after receiving a good faith notice from a camp car 
occupant or an employee labor organization or notice from FRA of non-
compliance with this subpart E. Railroads use the good faith notices or 
notice from FRA to correct each non-complying condition on a camp car. 
If the non-complying condition is not correctable, the railroad has to 
cease use of the camp car as sleeping quarters for each occupant. FRA 
inspectors use this information to ensure that railroads take necessary 
remedial actions for camp cars with non-complying conditions.
    Type of Request: Extension without change of a current information 
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 1 railroad.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 11,206.
    Total Estimated Annual Burden: 1,043 hours.

    Title: Training, Qualification, and Oversight for Safety-Related 
Railroad Employees.
    OMB Control Number: 2130-0597.
    Abstract: On November 7, 2014, FRA published a final rule--
amendments to 49 CFR parts 214 and 232 and new part 243--establishing 
minimum training standards for all safety-related railroad employees, 
as required by the Rail Safety Improvement Act of 2008. Part 243 
requires each railroad or contractor that employs one or more safety-
related employees to develop and submit a training program to FRA for 
approval and to designate the minimum training qualifications for each 
occupational category of employee. Part 243 also requires most 
employers to conduct periodic oversight of their own employees and 
annual written reviews of their training programs to close performance 
gaps.
    Additionally, amended part 214 requires specific training and 
qualification of operators of roadway maintenance machines that can 
hoist, lower, and horizontally move a suspended load.
    Finally, part 232 clarifies the existing training requirements for 
railroad and contractor employees who perform inspections, tests, or 
maintenance of brake system.
    FRA uses the information collected to ensure each employer--
railroad or contractor--conducting operations subject to new part 243, 
and railroads subject to amended parts 214 and 232 as appropriate, have 
developed, adopted, modified, submitted, and complied with a training 
program for each category and subcategory of safety-related railroad 
employee. Each program must have training components identified so that 
FRA will understand how the program works when it reviews the program 
for approval. Further, FRA reviews the required training programs to 
ensure they include the following: Initial, ongoing, and on-the-job 
criteria; testing and skills evaluation measures designed to foster 
continual compliance with Federal standards; and the identification of 
critical safety defects and plans for immediate remedial actions to 
correct them.
    In response to petitions for reconsideration, FRA has extended the 
effective date for developing the required training program under Sec.  
243.101 for employers with 400,000 or more total annual employee work 
hours to January 1, 2019, and for employers with less than 400,000 
total annual employee work hours to May 1, 2020.
    Type of Request: Extension with change of a current information 
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 1,550 railroads/contractors/training 
organizations/learning institutions.

[[Page 58270]]

    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 71,752.
    Total Estimated Annual Burden: 281,752 hours.
    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.

Brett A. Jortland,
Acting Deputy Chief Counsel.
[FR Doc. 2017-26626 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-06-P