[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36366-36369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12942]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-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) and its 
implementing regulations, FRA seeks approval of the Information 
Collection Request (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 in the ICRs.

DATES: Interested persons are invited to submit comments on or before 
August 15, 2022.

ADDRESSES: Written comments and recommendations for the proposed ICRs 
should be submitted on regulations.gov to the docket, Docket No. FRA-
2022-0002. All comments received will be posted without change to the 
docket, including any personal information provided. 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: Ms. Hodan Wells, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (202) 868-9412.

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.
    The summaries below describe the ICRs that FRA will submit for OMB 
clearance as the PRA requires:
    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

[[Page 36367]]

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.
    In this 60-day notice, FRA made adjustments which decreased the 
previously approved burden hours from 16 hours to 3 hours. For 
instance:
     Under Sec.  216.15(b), the burden decreased from 13 hours 
to .25 hour due to changes in the number of responses--from fifty (50) 
form replies to one (1) form reply per year. FRA's estimate is based on 
how infrequently these replies have been submitted to date.
     FRA anticipates zero submissions under Sec.  216.25 as 
noted in the PRA table printed below.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.8; FRA F 6180.8A.
    Respondent Universe: 754 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
           Section                Respondent      Total annual     Average time    Total annual    equivalent in
                                   universe        responses      per  responses   burden hours     U.S. dollar
                                                (A)............  (B)............     (C = A * B)   (D = C * wage
                                                                                                      rates) \1\
----------------------------------------------------------------------------------------------------------------
216.13(b)--Special Notice for  754 railroads..  5 form replies.  15 minutes.....            1.25           96.80
 Repairs: Locomotive--RR
 reply to special notice for
 repair informing FRA that
 affected locomotive is
 returned to service--FRA
 Form F 6180.8.
216.15(b)--Special Notice for  754 railroads..  1 form reply...  15 minutes.....             .25           19.36
 Repairs: Track--RR reply to
 special notice for repair
 informing FRA that affected
 track is restored to
 condition permitting
 operations at speeds
 authorized at higher speeds--
 FRA Form F 6180.8a.
216.21(b)--Notice of track     754 railroads..  1 letter.......  1 hour.........            1.00           77.44
 conditions: Letter from
 railroad to FRA track
 engineer that affected track
 has been repaired and is
 ready for re-inspection.
                              ----------------------------------------------------------------------------------
216.25--Issuance of review                FRA anticipates zero submissions in this 3-year ICR period.
 and emergency order:
 Petition for review of order
 or letter stating track has
 been repaired.
                              ----------------------------------------------------------------------------------
    Total \2\................  754 railroads..  7 responses....  N/A............               3             194
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 7.
---------------------------------------------------------------------------

    \1\ The dollar equivalent cost is derived from the Surface 
Transportation Board's 2020 Full Year Wage A&B data series for 
railroad workers. The wage rate of $77.44 per hour includes a 75-
percent overhead charge.
    \2\ Totals may not add due to rounding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 3 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $194.
    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 its 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.\3\ 
FRA developed a form titled ``Bridge Inspection Report Public Version 
Request Form'' (FRA F 6180.167) to facilitate such requests by States 
and their political subdivisions.
---------------------------------------------------------------------------

    \3\ 49 CFR 1.89(a).
---------------------------------------------------------------------------

    Additionally, the collection of information set forth under 49 CFR 
214.105(c) establishes standards and practices for safety net systems. 
Safety nets and net installations must be drop-tested at the job site 
after initial installation and before being used as a fall-protection 
system, after major repairs, and at 6-month intervals if left at one 
site. If a drop-test is not feasible and is not performed, then the 
railroad or railroad contractor, or a designated certified person, must 
provide written certification the net complies with the safety 
standards under Sec.  214.105. FRA and State inspectors use the 
information to enforce Federal regulations. The information maintained 
at the job site promotes safe bridge worker practices while providing 
flexibility at bridge work job sites.
    Furthermore, the collection of information set forth under 49 CFR 
part 237 normalized and established Federal requirements for railroad 
bridges.\4\ 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, as well as special inspections, which must be carried out if 
natural or accidental events cause conditions that warrant such 
inspections. Further, railroads/track owners must incorporate 
provisions for internal audits into their bridge management programs 
and must conduct internal audits of bridge inspection reports. FRA uses 
the information collected to ensure that railroads/track owners meet 
Federal

[[Page 36368]]

standards for bridge safety and comply with all the requirements of 
part 237.
---------------------------------------------------------------------------

    \4\ 75 FR 41281 (July 15, 2010).
---------------------------------------------------------------------------

    In this 60-day notice, FRA made several adjustments which increased 
the previously approved burden hours from 4,858 hours to 34,616 hours. 
For instance:
     Under Sec.  237.31, the burden increased by 360 hours 
because FRA anticipates it will receive 15 bridge management programs.
     Under Sec.  237.109, FRA corrected the number of bridge 
inspection reports anticipated from 15,450 to 100,000 reports which 
consequently increased the burden by 21,137 hours.
     Under Sec.  237.109, FRA updated this burden which added 
8,333 hours.
     FRA found that the burden associated with Sec.  237.109(g) 
is covered under Sec.  237.109. Thus, FRA removed the duplicative 
burden of 25 hours and included an explanatory note in the PRA table 
printed below.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses (railroads and track owners), States, 
the District of Columbia (DC), and political subdivisions of States.
    Form(s): FRA F 6180.167.
    Respondent Universe: 784 track owners, 50 States and DC, and 200 
political subdivisions of States.
    Frequency of Submission: On occasion and annual.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                                  Respondent      Total annual     Average time    Total annual    equivalent in
         Section \5\               universe        responses      per  responses   burden hours     U.S. dollar
                                                                                                        \6\
                                                (A)............  (B)............     (C = A * B)   (D = C * wage
                                                                                                          rates)
----------------------------------------------------------------------------------------------------------------
FAST Act, Section 11405--      50 states and    50 forms or      5 minutes......            4.17          340.73
 Written request or filing of   DC and 200       written
 Form FRA F 6180.167 ``Bridge   state            requests.
 Inspection Report Public       political
 Version Request Form'' by      subdivisions.
 State or a political
 subdivision of a State.
FAST Act, Section 11405--      754 railroads..  47 reports.....  1 hour.........           47.00        3,639.68
 Submission of public version
 of bridge inspection report
 from railroads to FRA.
214.105(c)(4)--Fall            754 railroads..  3 written        5 minutes......             .25           19.36
 protection systems standards                    certification
 and practices--Safety net                       records.
 systems certification
 records.
237.3(b)--Notifications to     784 track        10               2 hours........           20.00        1,548.80
 FRA of assignment of bridge    owners.          notifications.
 responsibility and signed
 statement by assignee
 concerning bridge
 responsibility.
237.9--Waivers...............  784 track        .33 petition...  4 hours........            1.32          102.22
                                owners.
237.31--Adoption of bridge     784 track        15 programs....  24 hours.......          360.00       27,878.40
 management programs--          owners.
 Existing and new track
 owners.
237.57--Designation of         784 track        200 records....  15 minutes.....           50.00        3,872.00
 qualified individuals.         owners.
                              ----------------------------------------------------------------------------------
237.71--Determination of       The burden associated with this requirement is covered above under Sec.   237.31.
 bridge load capacities.
                              ----------------------------------------------------------------------------------
237.73--Protection of bridges  784 track        100 written      2 hours........          200.00       15,488.00
 from over-weight and over-     owners.          instructions.
 dimension loads--Issuance of
 instructions to railroad
 personnel by track owner.
                              ----------------------------------------------------------------------------------
237.109--Bridge inspection     784 track        100,000          15 minutes.....       25,000.00    1,936,000.00
 records--Reports and records.  owners.          inspection
                                                 reports and
                                                 records.
                              ----------------------------------------------------------------------------------
--(g) Report of deficient           The burden associated with this requirement is covered above under Sec.
 condition on a bridge.                                             237.109.
                              ----------------------------------------------------------------------------------
237.111--Review of bridge      784 track        100,000 reviews  5 minutes......        8,333.33      645,333.08
 inspection reports by          owners.
 railroad bridge supervisors.
237.155--Documents & records-- 784 track        5 electronic     80 hours.......          400.00       30,976.00
 Establishment of information   owners.          recordkeeping
 technology security systems                     systems.
 for electronic recordkeeping.
--(a)(4) Training of track     784 track        50 information   4 hours........          200.00       15,488.00
 owner's employees who use      owners.          system
 the system on the proper use                    trainings.
 of the electronic
 recordkeeping system.
                                                                                 -------------------------------
    Total \7\................  784 track        200,480          N/A............          34,616       2,680,686
                                owners, 50       responses.
                                States and DC,
                                and 200
                                political
                                subdivisions.
----------------------------------------------------------------------------------------------------------------


[[Page 36369]]

    Total Estimated Annual Responses: 200,480.
---------------------------------------------------------------------------

    \5\ The burden associated with Sec.  214.105(c)(4), formerly 
covered under OMB Control No. 2130-0535, is now combined with the 
burden under OMB Control No. 2130-0586.
    \6\ For State respondents, the dollar equivalent cost is derived 
from the Bureau of Labor Statistics data for management occupations, 
NAICS 99920--State Government, excluding schools and hospitals, for 
State government employees. To calculate the mean hourly wage of 
$46.69 for this category of workers, FRA included a 75-percent 
charge for overhead costs. The calculation is $46.69 per hour * 1.75 
= $81.71. The Web address for this data is: https://www.bls.gov/oes/current/naics4_999200.htm#11-0000. Additionally, for railroad and 
track owner respondents, the dollar equivalent cost is derived from 
the Surface Transportation Board's 2020 Full Year Wage A&B data 
series for railroad workers. The wage rate of $77.44 per hour 
includes a 75-percent overhead charge.
    \7\ Totals may not add due to rounding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 34,616 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$2,680,686.
    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 that does not display a currently valid OMB control 
number.

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

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022-12942 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-06-P


