83 FR 54645 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 210 (October 30, 2018)

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 August 1, 2018, FRA published a notice providing a 60-day period for public comment on the ICRs.

[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54645-54647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23586]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-10]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

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 August 1, 2018, 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 
November 29, 2018.

ADDRESSES: Submit written comments on the ICRs to the Office of 
Information

[[Page 54646]]

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, Room W33-497, 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, Room W34-
212, 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 through 1320.12. On August 1, 2018, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
the ICRs for which it is now seeking OMB approval. See 83 FR 37606. 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: Railroad Locomotive Safety Standards and Event Recorders.
    OMB Control Number: 2130-0004.
    Abstract: The Locomotive Safety Standards at 49 CFR part 229 
require railroads to inspect, repair, and maintain locomotives, 
including their event recorders, to ensure they are safe and free of 
defects. Crashworthy locomotive event recorders provide FRA with 
verifiable factual information about how trains are operated. These 
devices are used by FRA and State inspectors for part 229 rule 
enforcement. The information garnered from crashworthy event recorders 
is used by railroads to monitor railroad operations and by railroad 
employees (locomotive engineers, train crews, dispatchers) to improve 
train handling, and promote the safe and efficient operation of trains 
throughout the country, based on a surer knowledge of different control 
inputs.
    Type of Request: Extension with change of a current information 
collection.
    Affected Public: Businesses (railroads).
    Form(s): FRA F 6180.49A.
    Respondent Universe: 741 Railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 7,509,648.
    Total Estimated Annual Burden: 3,815,751 hours.

    Title: Railroad Signal System Requirements.
    OMB Control Number: 2130-0006.
    Abstract: The regulations pertaining to railroad signal systems are 
contained in 49 CFR parts 233 (Signal System Reporting Requirements), 
235 (Instructions Governing Applications for Approval of a 
Discontinuance or Material Modification of a Signal System), and 236 
(Rules, Standards, and Instructions Governing the Installation, 
Inspection, Maintenance, and Repair of Signal and Train Control 
Systems, Devices, and Appliances). Section 233.5 provides that each 
railroad must report to FRA within 24 hours after learning of an 
accident or incident arising from signal failure (e.g., failure of a 
signal appliance, device, method or system to function or indicate as 
required by 49 CFR part 236 that results in a more favorable aspect 
than intended) or other condition hazardous to the movement of a train. 
Section 233.7 provides that each railroad must report signal failures 
within 15 days in accordance with the instructions printed on Form FRA 
F 6180.14.
    Title 49 CFR part 235 sets forth the specific conditions under 
which FRA will approve the modification or discontinuance of railroad 
signal systems. These regulations also describe the process that should 
be followed by a railroad to seek such an approval. The application 
process prescribed under 49 CFR part 235 enables FRA to obtain the 
necessary information to make logical and informed decisions concerning 
railroad requests to modify or discontinue signaling systems. Section 
235.5 requires railroads to apply for FRA approval to discontinue or 
materially modify railroad signal systems. However, section 235.7 cites 
signal system changes that do not require FRA approval such as removal 
of an interlocking where a drawbridge has been permanently closed by 
the formal approval of another governmental agency. Section 235.8 
allows railroads to seek relief from the requirements in 49 CFR part 
236. Sections 235.10, 235.12, and 235.13 explain where the application 
must be submitted, what information must be included, what the format 
should be, and who is authorized to sign the application. FRA provides 
public notice concerning applications for relief and allows individuals 
and organizations to protest the granting of an application for relief. 
Section 235.20 describes the protest process, including essential 
information that must accompany the protest, the address for filing the 
protest, the time limit for filing the protest, and the requirement 
that a person requesting a public hearing explain why written 
statements cannot be used to explain his or her position.
    Title 49 CFR part 236 contains FRA's signal system requirements. 
Section 236.110 requires that the results of signal system tests 
required under Sec. Sec.  236.102 through 236.109; 236.376 through 
236.387; 236.576 and 236.577; and 236.586 through 236.589 be recorded 
on pre-printed forms provided by the railroad or by electronic means, 
subject to FRA approval. These forms show the name of the railroad, 
place and date of the test conducted, type of equipment tested, and 
results of the test. They also describe any repairs, replacements, and 
adjustments performed on the equipment that has been tested, and the 
condition in which the equipment was left. This section

[[Page 54647]]

also requires that the employee conducting the test must sign the form 
and that the record be retained at the office of the supervisory 
official. Test results made in compliance with Sec.  236.587 must be 
retained for 92 days. The results of all other tests required under 
Sec. Sec.  236.102 through 109; 236.376 through 236.387; 236.576 and 
236.577; and 236.586 through 236.589, including results of periodic 
tests, must be retained until the next record is filed, but no less 
than one year. Additionally, Sec.  236.587 requires each railroad to 
make a departure test of the cab signal, automatic train stop, or train 
control devices on locomotives prior to a locomotive entering equipped 
territory. This section further requires that whoever performs the 
departure test must certify in writing that the test was properly 
performed. The certification and test results must be posted in the 
locomotive cab with a copy of the certification and test results 
retained at the office of the supervisory official. However, if it is 
impractical to leave a copy of the certification and test results at 
the location where the test is conducted, then the test results must be 
transmitted to either the dispatcher or another designated official who 
must keep a written record of the test results and the name of the 
person performing the test. All records prepared under this section are 
required to be retained for 92 days. Finally, Sec.  236.590 requires 
railroads to clean and inspect the pneumatic apparatus of automatic 
train stop, train control, or cab signal devices on locomotives as 
required by Sec.  229.29(a).
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.14.
    Respondent Universe: 741 Railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 1,673,437.
    Total Estimated Annual Burden: 444,820 hours.

    Title: Inspection Brake System Safety Standards for Freight and 
Other Non-Passenger Trains and Equipment (Power Brakes).
    OMB Control Number: 2130-0008.
    Abstract: Recognizing the importance of upgrading rail 
technologies, Congress in 1980 passed the Rock Island Railroad 
Transition and Employee Assistance Act (the ``Rock Island Act''), 
which, inter alia, provides statutory relief for the implementation of 
new technologies. More specifically, when certain statutory 
requirements preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations, the applicable section of the Rock Island Act, currently 
codified at 49 U.S.C. 20306, provides the Secretary of Transportation 
with the authority to grant an exemption to those requirements based on 
evidence received and findings developed at a hearing. In accordance 
with that statute, FRA held a public hearing and invoked its 
discretionary authority under 49 U.S.C. 20306 to provide a limited 
exemption from 49 U.S.C. 20303 for freight trains and freight cars 
operating with electronically controlled pneumatic (ECP) brake systems. 
In doing so, FRA revised the regulations governing freight power brakes 
and equipment in October 2008 by adding a new subpart G. The revisions 
are designed to provide for and encourage the safe implementation and 
use of ECP brake system technologies. These revisions contain specific 
requirements on the design, interoperability, training, inspection, 
testing, handling of defective equipment, and periodic maintenance 
related to ECP brake systems. The final rule also provides flexibility 
to facilitate the voluntary adoption of this advanced brake system 
technology. The collection of information is used by FRA to monitor and 
enforce regulatory requirements related to power brakes on freight 
cars, including the requirements related to ECP brake systems. The 
collection of information is also used by locomotive engineers and road 
crews to verify that the terminal air brake test has been performed in 
a satisfactory manner.
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 741 Railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 30,518,808.
    Total Estimated Annual Burden: 1,045,478 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.

Juan D. Reyes III,
Chief Counsel.
[FR Doc. 2018-23586 Filed 10-29-18; 8:45 am]
 BILLING CODE 4910-06-P