[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27833-27837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12574]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-6]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), U.S. 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) and its 
implementing regulations, FRA seeks approval of the Information 
Collection Requests (ICRs) abstracted below. Before submitting these 
ICRs to the Office of Management and Budget (OMB) for approval, FRA is 
soliciting public comment on specific aspects of the activities 
identified below.

DATES: Interested persons are invited to submit comments on or before 
August 13, 2019.

ADDRESSES: Submit written comments on the ICRs activities by mail to 
either: Mr. Robert Brogan, Information Collection Clearance Officer, 
Office of Railroad Safety, Regulatory Analysis Division, Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 
20590; or Ms. Kim Toone, Information Collection Clearance Officer, 
Office of Information Technology, Federal Railroad Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590. Commenters requesting FRA 
to acknowledge receipt of their respective comments must include a 
self-addressed stamped postcard stating, ``Comments on OMB Control 
Number 2130-XXXX,'' (the relevant OMB control number for each ICR is 
listed below) and should also include the title of the ICR. 
Alternatively, comments may be faxed to 202-493-6216 or 202-493-6497, 
or emailed to Mr. Brogan at robert.brogan@dot.gov, or Ms. Toone at 
kim.toone@dot.gov. Please refer to the assigned OMB control number in 
any correspondence submitted. FRA will summarize comments received in 
response to this notice in a subsequent notice and include them in its 
information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Railroad Safety, Regulatory 
Analysis Division, Federal Railroad Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590 (telephone: 202-493-6292) or Ms. Kim 
Toone, Information Collection Clearance Officer, Office of Information 
Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, 
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 
provide 60-days' notice to the public to allow comment on information 
collection activities before seeking OMB approval of the activities. 
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, 
FRA invites interested parties to comment on the following ICRs 
regarding: (1) Whether the information collection activities are 
necessary for FRA to properly execute its functions, including whether 
the activities 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 
for FRA to minimize the burden of information collection activities on 
the public, including the use of automated collection techniques or 
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the 
administrative and paperwork burdens associated with the collection of 
information that Federal regulations mandate. In summary, FRA reasons 
that comments received will advance three objectives: (1) Reduce 
reporting burdens; (2) organize information collection requirements in 
a ``user-friendly'' format to improve the use of such information; and 
(3) accurately assess the resources expended to retrieve and produce 
information requested. See 44 U.S.C. 3501.

[[Page 27834]]

    The summaries below describe the ICRs that FRA will submit for OMB 
clearance as the PRA requires:
    Title: U.S. DOT Crossing Inventory.
    OMB Control Number: 2130-0017.
    Abstract: On January 6, 2015, FRA published in the Federal Register 
a final rule that requires railroads that operate one or more trains 
through highway-rail or pathway crossings to submit information to the 
U.S. DOT National Highway-Rail Crossing Inventory about the crossings 
through which they operate.\1\ See 80 FR 746. These amendments, 
mandated by section 204 of the Rail Safety Improvement Act of 2008, 
require railroads to submit information about previously unreported and 
new highway-rail and pathway crossings to the U.S. DOT National 
Highway-Rail Crossing Inventory and to periodically update existing 
crossing data.
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    \1\ This final rule was subsequently amended on June 10, 2016, 
in response to a petition for reconsideration submitted by the 
Association of American Railroads. See 81 FR 37521.
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    Type of Request: Extension with change (revised estimates) of a 
current information collection.
    Affected Public: Businesses (railroads), States, and the District 
of Columbia (DC).
    Form(s): FRA F 6180.71.
    Respondent Universe: 692 railroads, 50 States and DC.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

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                                                                                                   Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                                  equivalent \2\
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234.403(a), (b), (c), (e)(3)-- 51 States/DC &   1,495 forms....  30 minutes.....       748 hours         $55,352
 Submission of data to the      692 railroads.
 U.S. DOT Highway-Rail
 Crossing Inventory:
 Completion of inventory form.
--Mass update lists of         51 States/DC &   1,081 lists....  30 minutes.....             541          40,034
 designated data submitted by   692 railroads.
 railroads/states.
--Excel lists of submitted     51 States/DC &   750 lists......  15 minutes.....             188          13,912
 data.                          692 railroads.
--Changes/corrections to       51 States/DC &   134,719 records  3 minutes......           6,736         498,464
 Crossing Inventory data        692 railroads.
 submitted via GX 32 computer
 program.
--Written requests by states/  51 States/DC &   5 requests.....  15 minutes.....          1 hour              74
 railroads for FRA Crossing     692 railroads.
 Inventory Guide.
(d)--Reporting Crossing        51 States/DC &   15 notices.....  30 minutes.....               8             592
 Inventory data by state        692 railroads.
 agencies on behalf of
 railroads: Written notices
 to FRA.
(e)(1)--Consolidated           692 railroads..  250 notices....  30 minutes.....             125           9,625
 reporting by parent
 corporation on behalf of its
 subsidiary railroads:
 Written notice to FRA.
(e)(2)--Immediate              692 railroads..  75 notices.....  30 minutes.....              38           2,926
 notification to FRA by
 parent corporation of any
 changes in the list of
 subsidiary railroads for
 which it reports.
234.405(a)(1)--Initial         692 railroads..  5,300 provided   5 minutes......             442          34,034
 submission of previously                        assigned
 unreported highway-rail and                     inventory
 pathway crossings through                       numbers.
 which they operate by
 primary operating railroads:
 Providing assigned crossing
 inventory number to each
 railroad that operates one
 or more trains through
 crossing.
--Primary operating railroad   692 railroads..  10,600 assigned  5 minutes......             883          67,991
 providing assigned inventory                    numbers.
 number to other (2)
 railroads operating through
 crossing.
(a)(3)--Completed inventory    692 railroads..  5,300 forms....  20 minutes.....           1,767         136,059
 forms for each previously
 unreported crossing.
(c)--Duty of all operating     692 railroads..  450 notices/     20 minutes.....             150          11,550
 railroads: Notification to                      notifications.
 FRA of previously unreported
 crossing through which it
 operates.
(d)--Incomplete submission by  692 railroads..  35               2 minutes......          1 hour              77
 state agency: Written                           certification
 certification by primary                        statements.
 operating railroad that
 state has not provided
 requested crossing
 information.
--Copies of written            692 railroads..  105 mailed       2 minutes......               4             308
 certification statements to                     certification
 other operating railroads                       copies.
 and responsible state agency.
234.407(a)--Submission of      692 railroads..  50 assigned      5 minutes......               4             308
 initial data to the Crossing                    inventory
 Inventory for new Crossings:                    numbers.
 Providing assigned inventory
 numbers for new highway-rail
 and pathway crossings
 through which they operate
 by primary operating
 railroads to each railroad
 that operates one or more
 trains through the crossing.

[[Page 27835]]

 
(a)(3)--Completed inventory    692 railroads..  50 forms.......  5 minutes......               4             308
 forms for each new highway-
 rail & pathway crossing
 provided each operating
 railroad operating trains
 through crossing.
(b) Each operating railroad    692 railroads..  50 inventory     1.5............              75           5,775
 must submit accurate                            forms.
 inventory forms or
 electronic equivalent to the
 FRA crossing inventory for
 new highway-rail & pathway
 crossings operating on
 separate tracks.
234.409(a)--Submission of      692 railroads..  80,775 crossing  2.5minutes.....           3,366         259,182
 periodic updates to the                         invent.
 Crossing Inventory by                           updates.
 primary operating railroad.
234.411(a)--Crossing sale:     692 railroads..  400 updated      2..............             800          61,600
 Submission of Crossing                          crossing
 Inventory form by any                           inventory
 operating railroad that                         forms.
 sells all or part of highway-
 rail and pathway crossing.
--Notification/report by       692 railroads..  400 notices/     15 minutes.....             100           7,700
 railroad to primary                             reports.
 operating railroad of sale
 of all or part of a highway-
 rail or pathway on or after
 June 10, 2016.
(b)--Crossing closure:         692 railroads..  85 crossing      5 minutes......               7             539
 Submission of Crossing                          inventory
 Inventory form by primary                       forms
 operating railroad that                         (closures).
 closes highway-rail and
 pathway crossing.
(c)--Primary operating RR      692 railroads..  400 forms......  30 minutes.....             200          15,400
 submission of inventory form
 for any surface/warning
 device changes at crossing.
234.413(a & b)--               692 railroads..  5,901 duplicate  1 minute.......              98           7,546
 Recordkeeping--RR Duplicate                     copies.
 copy of each inventory form
 submitted in hard copy to
 the Crossing Inventory.
--Copy of electronic           692 railroads..  80,775 copies..  1 minute.......           1,346         103,642
 confirmation received from
 FRA after electronic
 submission of crossing data
 to Crossing Inventory.
--List of locations where a    692 railroads..  692 lists......  5 minutes......              58           4,466
 copy of any record required
 by this Subpart may be
 accessed and copied.
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    Total Estimated Annual Responses: 329,758.
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    \2\ Based on Bureau of Labor Statistics (BLS) data, FRA is using 
an average hourly wage rate of 74 per hour for State employees to 
determine the dollar equivalent cost of estimated burden. Based on 
the 2017 American Association publication, Railroad Facts, FRA is 
using an average hourly wage rate of 77 per hour for professional/
administrative to determine the same dollar equivalent costs. All 
hourly wage rates included 75 percent overhead costs.
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    Total Estimated Annual Burden: 17,690 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$1,337,464.
    Title: Special Notice for Repairs.
    OMB Control Number: 2130-0504.
    Abstract: Under 49 CFR part 216, FRA and State inspectors may issue 
a Special Notice for Repairs to notify a railroad in writing of an 
unsafe condition involving a locomotive, car, or track. The railroad 
must notify FRA in writing when the equipment is returned to service or 
the track is restored to a condition permitting operations at speeds 
authorized for a higher class, specifying the repairs completed. FRA 
and State inspectors use this information to remove from service 
freight cars, passenger cars, and locomotives until they can be 
restored to a serviceable condition. They also use this information to 
reduce the maximum authorized speed on a section of track until repairs 
can be made.
    Type of Request: Extension with change (revised estimates) of a 
current information collection.
    Affected Public: Businesses (railroads).
    Form(s): FRA F 6180.71.
    Respondent Universe: 741 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                                                                   Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                                    equivalent
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216.13(b)--Special Notice for  741 railroads..  5 form replies.  15 minutes.....          1 hour             $77
 Repairs: Locomotive--RR
 reply to special notice for
 repair informing FRA
 Regional Administrator that
 affected locomotive is
 returned to service.

[[Page 27836]]

 
216.15(b)--Special Notice for  741 railroads..  50 form replies  15 minutes.....              13           1,001
 Repairs: Track--RR reply to
 special notice for repair
 informing FRA Regional
 Administrator that affected
 track is restored to
 condition permitting
 operations at speeds
 authorized at higher speeds.
216.21(b)--Notice of track     741 railroads..  1 letter.......  60 minutes.....          1 hour              77
 conditions: Letter from
 railroad to FRA regional
 track engineer that affected
 track has been repaired and
 is ready for re-inspection.
216.25--Issuance of review     741 railroads..  1 letter.......  60 minutes.....          1 hour              77
 and emergency order:
 Petition for review of order
 or letter stating track has
 been repaired.
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    Total Estimated Annual Responses: 57.
    Total Estimated Annual Burden: 16 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,232.
    Title: Bridge Safety Standards.
    OMB Control Number: 2130-0586.
    Abstract: The Fixing America's Surface Transportation Act (FAST 
Act) (Pub. L. 114-94, Dec. 4, 2015), Section 11405, ``Bridge Inspection 
Reports,'' provides a means for a State or a political subdivision of a 
State to obtain a public version of a bridge inspection report 
generated by a railroad for a bridge located within their respective 
jurisdiction. While the FAST Act specifies that requests for such 
reports are to be filed with the Secretary of Transportation, the 
responsibility for fulfilling these requests is delegated to FRA. See 
49 CFR 1.89.
    FRA's currently approved information collection accounts for the 
burden that will be incurred by States and political subdivisions of 
States requesting a public version of a bridge inspection report 
generated by a railroad for a bridge located within their respective 
jurisdiction. FRA developed a Form titled ``Bridge Inspection Report 
Public Version Request Form'' to facilitate such requests by States and 
their political subdivisions. FRA accounts for the burden that will be 
incurred by railroads to provide the public version of a bridge 
inspection report upon agency request to FRA.
    As background, FRA's final rule on bridge safety standards, 49 CFR 
part 237, normalized and established federal requirements for railroad 
bridges. See 75 FR 41281 (July 15, 2010). The final rule established 
minimum requirements to assure the structural integrity of railroad 
bridges and to protect the safe operation of trains over those bridges. 
The final rule required railroads/track owners to implement bridge 
management programs to prevent the deterioration of railroad bridges 
and to reduce the risk of human casualties, environmental damage, and 
disruption to the Nation's transportation system that would result from 
a catastrophic bridge failure. Bridge management programs were required 
to include annual inspection of bridges as well as special inspections, 
which must be conducted if natural or accidental events cause 
conditions that warrant such inspections. Lastly, the final rule 
required railroads/track owners to audit bridge management programs and 
bridge inspections and to keep records mandated under part 237.
    The information collected is used by FRA to ensure that railroads/
track owners meet Federal standards for bridge safety and comply with 
all the requirements of this regulation. In particular, the collection 
of information is used by FRA to confirm that railroads/track owners 
adopt and implement bridge management programs to properly inspect, 
maintain, modify, and repair all bridges that carry trains for which 
they are responsible. Railroads/track owners must conduct annual 
inspections of railroad bridges. Further, railroads/track owners must 
incorporate provisions for internal audit into their bridge management 
program and must conduct internal audits of bridge inspection reports. 
The internal audit information is used by railroads/track owners to 
verify that the inspection provisions of the bridge management program 
are being followed and to continually evaluate the effectiveness of 
their bridge management program and bridge inspection activities. FRA 
uses this information to ensure that railroads/track owners implement a 
safe and effective bridge management program and bridge inspection 
regime.
    Type of Request: Extension with change (revised estimates) of a 
current information collection.
    Affected Public: Businesses (railroads) and States, DC, and 
political subdivisions).
    Form(s): FRA F 6180.167.
    Respondent Universe: 741 railroads/50 States and DC/200 political 
subdivisions.
    Frequency of Submission: On occasion/monthly.
    Reporting Burden:

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                                                                                                   Total annual
                                  Respondent      Total annual     Average time    Total annual     burden hour
         CFR section               universe        responses       per response    burden hours     dollar cost
                                                                                                  equivalent \3\
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FAST ACT SECTION 11405
 REQUIREMENTS:.
    --Form FRA F 6180.167....  50 states and    75 forms.......  5 minutes......               6            $402
                                DC 200 state
                                political
                                subdivisions.

[[Page 27837]]

 
    --Railroad submission to   741 railroads..  75 reports.....  60 minutes.....              75          $5,025
     FRA of bridge inspection
     report--public version.
237.3--Notifications to FRA    741 railroads..  15               90 minutes + 30              30          $2,310
 of assignment of bridge                         notifications    minutes.
 responsibility and signed                       + 15 signed
 statement by assignee                           statements.
 concerning bridge
 responsibility.
237.9--Waivers--petitions....  741 railroads..  2 petitions....  4..............               8            $616
237.57--Designation of         741 railroads..  200 recorded     15 minutes.....              50          $3,850
 qualified individuals.                          designations.
237.73--Issuance of            741 railroads..  100 issued       2..............             200         $15,400
 instructions to railroad                        written
 personnel by track owner.                       instructions.
237.109--Nationwide annual     741 railroads..  15,450 insp.     15 minutes.....           3,863        $258,821
 bridge inspections--reports/                    reports/
 records:                                        records.
    --Report of deficient      741 railroads..  50 reports.....  30 minutes.....              25          $1,675
     condition on a bridge.
237.155--Documents & records-- 741 railroads..  5 systems......  80.............             400         $30,800
 Establishment of RR
 monitoring & info.
 technology security systems
 for electronic recordkeeping.
    --Employees trained in     741 Railroads..  100 employees..  8..............             800         $61,600
     system.
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    Total Estimated Annual Responses: 16,087.
    Total Estimated Annual Burden: 5,457 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$380,499.
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    \3\ Based on the 2017 AAR publication Railroad Facts, FRA 
calculates the average hourly wage rate for professional/
administrative staff at $77 per hour and the average hourly wage 
rate of bridge workers at $67 per hours to determine the dollar 
equivalent cost numbers. All hourly wage rates include 75 percent 
overhead costs.
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    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 Chief Counsel.
[FR Doc. 2019-12574 Filed 6-13-19; 8:45 am]
 BILLING CODE 4910-06-P


