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)
Federal Railroad Administration
Federal Register Volume 83, Issue 210 (October 30, 2018)
| Page Range | 54645-54647 | |
| FR Document | 2018-23586 |
[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: oira_submissions@omb.eop.gov. 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
![Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54645
interstate commerce. FMCSA grants them are more compact. These 391.41(b)(10), subject to the
exemptions from the FMCSRs for a two- conditions tax visual capacity and requirements cited above:
year period to align with the maximum driver response just as intensely as Ronald D. Blakely (MI)
duration of a driver’s medical interstate driving conditions. Homero Dominguez (TX)
certification. The applicants in this notice have Larry L. George (LA)
The Agency’s decision regarding these driven CMVs with their limited vision Jason C. Hetrick (PA)
exemption applications is based on in careers ranging for 4 to 78 years. In Michael A. Hildebrand (PA)
medical reports about the applicants’ the past three years, no drivers were Junior M. Isenberg (KY)
vision as well as their driving records involved in crashes, and one driver was David G. Livingston (VT)
and experience driving with the vision convicted of a moving violation in a Joseph P. Markley (PA)
deficiency. The qualifications, CMV. All the applicants achieved a Derek L. Redford (ID)
experience, and medical condition of record of safety while driving with their David Tavarez (NJ)
each applicant were stated and vision impairment, demonstrating the William B. Van Drielen (NV)
discussed in detail in the July 17, 2018, likelihood that they have adapted their Willie R. White, Jr. (NV)
Federal Register notice (83 FR 33292) driving skills to accommodate their Curtis C. Williams (MO)
and will not be repeated in this notice. condition. As the applicants’ ample In accordance with 49 U.S.C. 31136(e)
FMCSA recognizes that some drivers driving histories with their vision and 31315, each exemption will be valid
do not meet the vision requirement but deficiencies are good predictors of for two years from the effective date
have adapted their driving to future performance, FMCSA concludes unless revoked earlier by FMCSA. The
accommodate their limitation and their ability to drive safely can be exemption will be revoked if the
demonstrated their ability to drive projected into the future. following occurs: (1) The person fails to
safely. The 13 exemption applicants Consequently, FMCSA finds that in comply with the terms and conditions
listed in this notice are in this category. each case exempting these applicants of the exemption; (2) the exemption has
They are unable to meet the vision from the vision requirement in 49 CFR resulted in a lower level of safety than
requirement in one eye for various 391.41(b)(10) is likely to achieve a level was maintained prior to being granted;
reasons, including amblyopia, complete of safety equal to that existing without or (3) continuation of the exemption
loss of vision, corneal scar, irregularly the exemption. would not be consistent with the goals
shaped pupil, macular myelinated nerve and objectives of 49 U.S.C. 31136 and
fibers, macular scar, optic nerve V. Conditions and Requirements
31315.
damage, posterior staphyloma, The terms and conditions of the
Issued on: October 24, 2018.
prosthetic eye, and retinal detachment. exemption are provided to the
In most cases, their eye conditions were applicants in the exemption document Larry W. Minor,
not recently developed. Nine of the and includes the following: (1) Each Associate Administrator for Policy.
applicants were either born with their driver must be physically examined [FR Doc. 2018–23706 Filed 10–29–18; 8:45 am]
vision impairments or have had them every year (a) by an ophthalmologist or BILLING CODE 4910–EX–P
since childhood. The four individuals optometrist who attests that the vision
that sustained their vision conditions as in the better eye continues to meet the
adults have had it for a range of 6 to 18 standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION
years. Although each applicant has one by a certified Medical Examiner who
eye which does not meet the vision attests that the individual is otherwise Federal Railroad Administration
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR [Docket No. FRA–2018–0008–N–10]
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a
in the other eye, and in a doctor’s copy of the ophthalmologist’s or Proposed Agency Information
opinion, has sufficient vision to perform optometrist’s report to the Medical Collection Activities; Comment
all the tasks necessary to operate a CMV. Examiner at the time of the annual Request
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid AGENCY: Federal Railroad
driver must provide a copy of the Administration (FRA), Department of
license to operate a CMV. By meeting annual medical certification to the
State licensing requirements, the Transportation (DOT).
employer for retention in the driver’s
applicants demonstrated their ability to ACTION: Notice of information collection;
qualification file, or keep a copy in his/
operate a CMV, with their limited vision her driver’s qualification file if he/she is request for comment.
in intrastate commerce, even though self-employed. The driver must also
their vision disqualified them from SUMMARY: Under the Paperwork
have a copy of the exemption when Reduction Act of 1995 (PRA), this notice
driving in interstate commerce. We driving, for presentation to a duly
believe that the applicants’ intrastate announces that FRA is forwarding the
authorized Federal, State, or local Information Collection Requests (ICRs)
driving experience and history provide enforcement official.
an adequate basis for predicting their abstracted below to the Office of
ability to drive safely in interstate VI. Preemption Management and Budget (OMB) for
commerce. Intrastate driving, like review and comment. The ICRs describe
During the period the exemption is in
interstate operations, involves the information collections and their
effect, no State shall enforce any law or
substantial driving on highways on the expected burden. On August 1, 2018,
regulation that conflicts with this
interstate system and on other roads FRA published a notice providing a 60-
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exemption with respect to a person
built to interstate standards. Moreover, day period for public comment on the
operating under the exemption.
driving in congested urban areas ICRs.
exposes the driver to more pedestrian VII. Conclusion DATES: Interested persons are invited to
and vehicular traffic than exists on Based upon its evaluation of the 13 submit comments on or before
interstate highways. Faster reaction to exemption applications, FMCSA November 29, 2018.
traffic and traffic signals is generally exempts the following drivers from the ADDRESSES: Submit written comments
required because distances between vision requirement, 49 CFR on the ICRs to the Office of Information
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![Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54647
also requires that the employee development or implementation of more DEPARTMENT OF TRANSPORTATION
conducting the test must sign the form efficient railroad transportation
and that the record be retained at the equipment or other transportation Maritime Administration
office of the supervisory official. Test innovations, the applicable section of [Docket No. MARAD–2018–0158]
results made in compliance with the Rock Island Act, currently codified
§ 236.587 must be retained for 92 days. at 49 U.S.C. 20306, provides the Requested Administrative Waiver of
The results of all other tests required Secretary of Transportation with the the Coastwise Trade Laws: Vessel
under §§ 236.102 through 109; 236.376 authority to grant an exemption to those YEMAYA; Invitation for Public
through 236.387; 236.576 and 236.577; requirements based on evidence Comments
and 236.586 through 236.589, including received and findings developed at a
results of periodic tests, must be hearing. In accordance with that statute, AGENCY: Maritime Administration, DOT.
retained until the next record is filed, FRA held a public hearing and invoked ACTION: Notice.
but no less than one year. Additionally, its discretionary authority under 49
§ 236.587 requires each railroad to make U.S.C. 20306 to provide a limited SUMMARY: The Secretary of
a departure test of the cab signal, exemption from 49 U.S.C. 20303 for Transportation, as represented by the
automatic train stop, or train control freight trains and freight cars operating Maritime Administration (MARAD), is
devices on locomotives prior to a with electronically controlled authorized to grant waivers of the U.S.-
locomotive entering equipped territory. pneumatic (ECP) brake systems. In build requirements of the coastwise
This section further requires that doing so, FRA revised the regulations trade laws to allow the carriage of no
whoever performs the departure test governing freight power brakes and more than twelve passengers for hire on
must certify in writing that the test was equipment in October 2008 by adding a vessels, which are three years old or
properly performed. The certification new subpart G. The revisions are more. A request for such a waiver has
and test results must be posted in the designed to provide for and encourage been received by MARAD. The vessel,
locomotive cab with a copy of the the safe implementation and use of ECP and a brief description of the proposed
certification and test results retained at brake system technologies. These service, is listed below.
the office of the supervisory official. revisions contain specific requirements DATES: Submit comments on or before
However, if it is impractical to leave a on the design, interoperability, training, November 29, 2018.
copy of the certification and test results inspection, testing, handling of ADDRESSES: You may submit comments
at the location where the test is defective equipment, and periodic identified by DOT Docket Number
conducted, then the test results must be maintenance related to ECP brake MARAD–2018–0158 by any one of the
transmitted to either the dispatcher or systems. The final rule also provides following methods:
another designated official who must flexibility to facilitate the voluntary • Federal eRulemaking Portal: Go to
keep a written record of the test results adoption of this advanced brake system http://www.regulations.gov. Search
and the name of the person performing technology. The collection of MARAD–2018–2018–0158 and follow
the test. All records prepared under this information is used by FRA to monitor the instructions for submitting
section are required to be retained for 92 and enforce regulatory requirements comments.
days. Finally, § 236.590 requires related to power brakes on freight cars, • Mail or Hand Delivery: Docket
railroads to clean and inspect the including the requirements related to Management Facility is in the West
pneumatic apparatus of automatic train ECP brake systems. The collection of Building, Ground Floor of the U.S.
stop, train control, or cab signal devices information is also used by locomotive Department of Transportation. The
on locomotives as required by engineers and road crews to verify that Docket Management Facility location
§ 229.29(a). the terminal air brake test has been address is: U.S. Department of
Type of Request: Extension with performed in a satisfactory manner. Transportation, MARAD–2018–0158,
change of a currently approved Type of Request: Extension with 1200 New Jersey Avenue SE, West
information collection. change of a currently approved Building, Room W12–140, Washington,
Affected Public: Businesses. information collection. DC 20590, between 9 a.m. and 5 p.m.,
Form(s): FRA F 6180.14. Affected Public: Businesses. Monday through Friday, except on
Respondent Universe: 741 Railroads. Form(s): N/A. Federal holidays.
Respondent Universe: 741 Railroads.
Frequency of Submission: On Frequency of Submission: On Note: If you mail or hand-deliver your
occasion. occasion. comments, we recommend that you
Total Estimated Annual Responses: Total Estimated Annual Responses: include your name and a mailing
1,673,437. 30,518,808. address, an email address, or a
Total Estimated Annual Burden: Total Estimated Annual Burden: telephone number in the body of your
444,820 hours. 1,045,478 hours. document so that we can contact you if
Title: Inspection Brake System Safety Under 44 U.S.C. 3507(a) and 5 CFR we have questions regarding your
Standards for Freight and Other Non- 1320.5(b) and 1320.8(b)(3)(vi), FRA submission.
Passenger Trains and Equipment (Power informs all interested parties that it may Instructions: All submissions received
Brakes). not conduct or sponsor, and a must include the agency name and
OMB Control Number: 2130–0008. respondent is not required to respond specific docket number. All comments
Abstract: Recognizing the importance to, a collection of information unless it received will be posted without change
of upgrading rail technologies, Congress displays a currently valid OMB control to the docket at www.regulations.gov,
khammond on DSK30JT082PROD with NOTICES
in 1980 passed the Rock Island Railroad number. including any personal information
Transition and Employee Assistance Act provided. For detailed instructions on
Authority: 44 U.S.C. 3501–3520.
(the ‘‘Rock Island Act’’), which, inter submitting comments, see the section
alia, provides statutory relief for the Juan D. Reyes III, entitled Public Participation.
implementation of new technologies. Chief Counsel. FOR FURTHER INFORMATION CONTACT:
More specifically, when certain [FR Doc. 2018–23586 Filed 10–29–18; 8:45 am] Bianca Carr, U.S. Department of
statutory requirements preclude the BILLING CODE 4910–06–P Transportation, Maritime
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Document Created: 2018-10-30 00:43:28
Document Modified: 2018-10-30 00:43:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of information collection; request for comment. | |
| Dates | Interested persons are invited to submit comments on or before November 29, 2018. | |
| 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). | |
| FR Citation | 83 FR 54645 |
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