[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47551-47554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15626]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-23]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice of withdrawal; reissuance of information collection; 
request for comment.

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

SUMMARY: On July 5, 2023, FRA published a 30-day notice of information 
collection; request for comment in the Federal Register. FR Doc. 2023-
08413. Due to technical issues as the result of which FRA did not 
receive two timely-filed comment letters until after the comment period 
closed, FRA is withdrawing the July 5, 2023, notice of information 
collection; request for comment and re-issuing the 30-day notice to 
address the two additional comments. Accordingly, this notice 
supersedes the July 5, 2023, notice.

DATES: Interested persons are invited to submit comments on or before 
August 23, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection request (ICR) should be sent within 30 days of 
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find 
the particular ICR by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email:

[[Page 47552]]

[email protected] or telephone: (757) 897-9908.

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 April 21, 2023, FRA 
published a 60-day notice in the Federal Register soliciting public 
comment on the ICR for which it is now seeking Office of Management and 
Budget (OMB) approval. See 88 FR 24657. On July 5, 2023, FRA published 
a 30-day notice in the Federal Register, 88 FR 42999. Due to technical 
issues in which FRA did not receive two timely-filed comment letters 
until after the comment period closed, FRA is withdrawing the July 5, 
2023, notice of information collection; request for comment and re-
issuing it to address the two additional comment letters.\1\ In 
addition, FRA has made adjustments to the total number of responses and 
burden hours in the PRA table that was previously published in the 60-
day notice. At this time, FRA is forwarding the ICR to OMB for review 
and comment.\2\
---------------------------------------------------------------------------

    \1\ On July 5, 2023, FRA published a 30-day notice, 88 FR 42999, 
that discussed and responded to one comment letter, 88 FR 24657. FRA 
was made aware of two additional, timely-filed comment letters that 
were received after the close of the 60-day comment period. FRA is 
withdrawing and re-issuing the 30-day notice to summarize and 
incorporate the two comment letters. For completeness, FRA will also 
re-print its summary and response to the third comment letter 
discussed in the July 5, 2023, notice.
    \2\ Once alerted to the fact that FRA received two additional 
comment letters and that FRA planned to withdraw and re-issue a 30-
day notice, DOT did not certify or forward the supporting materials 
for OMB review.
---------------------------------------------------------------------------

    In a letter dated June 20, 2023, The President of the 
Transportation Trades Department, AFL-CIO (TTD), expressed strong 
support for this ICR. TTD noted that FRA's proposed collection of 
information concerning train lengths, in feet, and number of crew 
members aboard a controlling locomotive involved in an accident at the 
time of such accident would bring FRA into compliance with the mandate 
in the Infrastructure Investment and Jobs Act (IIJA). TTD requests that 
FRA amend Form FRA F 6180.54 by adding this information on a permanent 
basis and by incorporating it into a location on the form. 
Additionally, TTD recommends that FRA take the additional step of 
collecting information about train weight distribution, number of 
buffer cars between cars containing hazardous materials, crew member 
locations, presence of distributed power units, and synchronous or 
asynchronous operating modes.
    FRA is taking TTD's suggestions under advisement and may 
incorporate some or all of the suggested information at a future date. 
Additionally, FRA is reviewing and considering updates to the data 
collected on the Form FRA F 6180.54, and TTD's suggestions will be 
considered for inclusion in a future version of the form.
    In a comment letter dated June 20, 2023, the Association of 
American Railroads (AAR) raised several concerns. AAR asserts that FRA 
uses an artificially low monetary reporting threshold and its failure 
to incorporate the latest data decreases the utility of the reporting 
process. While FRA appreciates AAR's concern, this comment does not 
fall within the scope of the current ICR concerning the proposed 
paperwork burdens associated with accident/incident reporting and 
recordkeeping and thus, will not be addressed here.
    AAR also asserts that FRA underestimates the amount of time 
required to gather information on crew size and train length because 
railroads, at a minimum, need to run separate reports and conduct 
searches to find this information. In response to AAR's feedback, FRA 
reviewed the estimate for the average time each railroad will need to 
provide information on crew size and train length in Special Study 
Blocks 49a and 49b. FRA disagrees with AAR's conclusion that railroads 
need more time to collect this information because the reporting data 
is readily available to railroads at the onset of the accident. 
Accordingly, FRA's estimate for the average time per response and the 
resulting estimated paperwork burden will remain unchanged.
    AAR also notes that the IIJA limits the time period for the 
information collection to four years as opposed to FRA's proposed five 
years. After further consideration, FRA is revising its collection plan 
and proposes to collect this information for a projected four-year 
period in conformance with the time period set out by the IIJA. 
However, as FRA noted in response to TTD's suggestion of a permanent 
collection, FRA is reviewing and considering updates to the data 
collected on the FRA F 6180.54 form.
    AAR also requests that FRA clarify reporting requirements for 
Special Study Blocks 49a and 49b and notes that in the FRA Guide for 
Preparing Accident/Incident Reports, Special Study Block 49a is 
currently used to report the type of track an accident occurred on and 
in Special Study Block 49b, FRA has instructed railroads to provide 
information related to the number of cars carrying crude oil. In 
response to this feedback, FRA will modify the instructions for the 
Special Study Blocks on its website. Additionally, updates to the FRA 
Guide for Preparing Accident/Incident Reports are in progress.
    AAR's final assertion is that FRA's delayed action undermines its 
existing train crew size rulemaking activities. While FRA appreciates 
this feedback, it does not fall within the scope of the current ICR 
concerning the paperwork burdens associated with accident/incident 
reporting and recordkeeping and thus, will not be addressed here.
    The Chief Economist of the Bureau of Economic Analysis (BEA) sent 
an electronic letter dated May 30, 2023, expressing BEA's strong 
support for FRA's continued collection of data on the Accident/Incident 
Reporting and Recordkeeping forms. The Chief Economist noted that the 
data collected on these forms are crucial to key components of BEA's 
economic analyses and requested that FRA keep BEA informed of any 
modifications to these forms.
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30-days' notice 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. This ICR responds to the information collection mandate in 
section 22421(b) of the IIJA and also provides routine updates to 49 
CFR part 225's overall ICR renewal.
    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 ICR 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

[[Page 47553]]

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 summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The railroad accident/incident reporting regulations in 
49 CFR part 225 require railroads to submit reports summarizing 
collisions, derailments, and certain other accidents/incidents 
involving damages above a periodically revised dollar threshold, as 
well as certain injuries to passengers, employees, and other persons on 
railroad property. As the reporting requirements and the information 
needed regarding each category of accident/incident are unique, a 
different form is used for each category.
    In response to the mandate in IIJA section 22421,\3\ FRA intends to 
utilize Form FRA F 6180.54 Special Study Blocks 49a and 49b to collect 
the following information for a projected four-year period: (1) the 
length of the involved trains, in feet, and (2) the number of crew 
members who were aboard a controlling locomotive involved in an 
accident at the time of such accident. This modification produces a 
minimal additional burden with respect to what is already being 
reported, as FRA estimates that the utilization of the Special Study 
Blocks will require an additional 2 minutes to complete, for a total 
average burden time of approximately 2 hours and 2 minutes per form, 
adding an additional 57 hours to the overall collection request.
---------------------------------------------------------------------------

    \3\ Specifically, IIJA section 22421(b) requires FRA to update 
Special Study Block 49 on Form FRA F 6180.54, for a period of four 
years, to collect information on: (1) the number of cars and length 
of trains involved in an accident/incident; and (2) the number of 
crew members who were aboard a controlling locomotive involved in an 
accident at the time of such accident. Railroads are already 
required to report the number of cars in the consist of a train 
involved in an accident on Form FRA F 6180.54, Field 35.
---------------------------------------------------------------------------

    Additionally, in this 30-day notice, FRA adjusts its estimated 
paperwork burden for the total number of responses and total burden 
hours to correct two calculation errors. Specifically, FRA updates the 
total number of responses from 85,570 to 88,176 and the total numbers 
of burden hours from 30,283 to 30,284 hours.
    Specifically, under Sec.  225.19(d), FRA expects submissions will 
decrease significantly from 11,636 hours to 7,040 hours due to a 
reduction in the number of injuries reported in the last two years. 
There is no change in the method of collection; this is a routine 
update for this 3-year ICR renewal period.
    Type of Request: Revision of a currently approved collection.
    Affected Public: Businesses
    Form(s): FRA F 6180.54; .55; .55a; .56; .57; .78; .81; .97; .98; 
.107; .150.
    Respondent Universe: 784 railroads.
    Frequency of Submission: On occasion.

                                                                    Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Total cost
            CFR section                Respondent universe         Total annual responses     Average time per response   Total annual    equivalent in
                                                                                                                          burden hours     U.S. dollar
                                                               (A)..........................  (B)......................     (C = A * B)         (D = C *
                                                                                                                                         wage rates) \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
225.6(a)--Consolidated reporting--  784 railroads............  0.33 requests................  40.00 hours..............           13.20        $1,028.41
 Request to FRA by parent
 corporation to treat its commonly
 controlled carriers as a single
 railroad carrier for purposes of
 this part.
                                   ---------------------------------------------------------------------------------------------------------------------
    --(b) Written agreement by      The burden for this requirement is included in Sec.   225.6(a).
     parent corporation with FRA
     on specific subsidiaries
     included in its railroad
     system.
                                   ---------------------------------------------------------------------------------------------------------------------
    --(c) Notification by parent    The burden for this requirement is included in Sec.   225.6(a).
     corporation regarding any
     change in the subsidiaries
     making up its railroad system
     and amended written agreement
     with FRA.
                                   ---------------------------------------------------------------------------------------------------------------------
225.9--Telephonic reports of        784 railroads............  2,589.00 phone reports.......  15.00 minutes............          647.25        50,427.25
 certain accidents/incidents and
 other events.
225.11--Reporting of accidents/     784 railroads............  1,699.00 forms...............  2 hours + 2 minutes......        3,454.63       269,150.22
 incidents--Form FRA F 6180.54
 (IIJA created an additional
 burden of 2 minutes to what is
 already being reported.).
225.12(a)--Rail equipment accident/ 784 railroads............  732.00 forms.................  15.00 minutes............          183.00        14,257.53
 incident reports alleging human
 factor as cause--Form FRA F
 6180.81.
    --(b) Part I Form FRA F         784 railroads............  800 notices + 800 notice       10 minutes + 3 minutes...          333.83        26,008.70
     6180.78 (Notices).                                         copies + 3,200 copies + 10
                                                                copies.
    --(c) Joint operations........  784 railroads............  73.00 reports................  20.00 minutes............           24.00         1,869.84
    --(d) Late identification.....  784 railroads............  20 attachments + 20 notices..  10.00 minutes............            6.67           519.66
    --(g) Employee statement        Railroad employees.......  60.00 statements.............  1.50 hours...............           90.00         7,011.90
     supplementing railroad
     accident report (Part II Form
     FRA 6180.78).
    --(g)(3) Employee confidential  Railroad employees.......  5.00 letters.................  2.00 hours...............           10.00           779.10
     letter.
225.13(A)--Late reports--RR         784 railroads............  50.00 late reports...........  2.00 hours...............          100.00         7,791.00
 discovery of improperly omitted
 report of accident/incident.
    --(B) RR late/amended report    784 railroads............  20 amended reports + 30        1 hour + 3 minutes.......           21.50         1,675.07
     of accident/incident based on                              copies.
     employee statement
     supplementing RR accident
     report.
225.18(a)--RR narrative report of   784 railroads............  12.00 reports................  15.00 minutes............            3.00           233.73
 possible alcohol/drug involvement
 in accident/incident.
    --(b) Reports required by Sec.  784 railroads............  5.00 reports.................  30.00 minutes............            2.50           194.78
       219.209(b) appended to rail
     equipment accident/incident
     report.
225.19(a)--Rail-highway grade       784 railroads............  2,161.50 forms...............  2.00 hours...............        4,323.00       336,804.93
 crossing accident/incident
 report--Form FRA F 6180.57.

[[Page 47554]]

 
    --(d) Death, injury, or         784 railroads............  7,040.00 forms...............  1.00 hour................        7,040.00       548,486.40
     occupational illness (Form
     FRA F 6180.55a).
225.21--Railroad injury and         784 railroads............  9,408.00 forms...............  10.00 minutes............        1,568.00       122,162.88
 illness summary--Form FRA F
 6180.55.
225.21--Annual railroad report of   784 railroads............  784.00 forms.................  15.00 minutes............          196.00        15,270.36
 employee hours and casualties, by
 state--Form FRA F 6180.56.
225.21/25--Railroad employee        784 railroads............  4,000.00 forms...............  1.00 hour................        4,000.00       311,640.00
 injury and/or illness record--
 Form FRA F 6180.98.
    --Copies of forms to employees  784 railroads............  3.60 form copies.............  2.00 minutes.............            0.12             9.35
225.21--Initial rail equipment      784 railroads............  10,194.00 forms..............  30.00 minutes............        5,097.00       397,107.27
 accident/incident record--Form
 FRA F 6180.97.
                                   ---------------------------------------------------------------------------------------------------------------------
    --Completion of Form FRA F      FRA anticipates zero railroad submissions during this 3-year ICR period.
     6180.97 because of rail
     equipment involvement.
                                   ---------------------------------------------------------------------------------------------------------------------
    --Alternative record for        784 railroads............  150.00 forms.................  75.00 minutes............          187.50        14,608.13
     illnesses claimed to be work
     related--Form FRA F 6180.107.
    --Highway User Statement--RR    784 railroads............  721.00 letters/forms.........  50.00 minutes............          600.83        46,810.67
     cover letter and Form FRA F
     6180.150 sent out to
     potentially injured travelers
     involved in a highway-rail
     grade crossing accident/
     incident.
    --Form FRA F 6180.150           117 injured individuals..  117.00 forms.................  45.00 minutes............           87.75         6,836.60
     completed by highway user and
     sent back to railroad.
225.25(h)--Posting of monthly       784 railroads............  9,408.00 lists...............  5.00 minutes.............          784.00        61,081.44
 summary.
225.27(a)(1)--Retention of records  784 railroads............  7,500.00 records.............  2.00 minutes.............          250.00        19,477.50
                                   ---------------------------------------------------------------------------------------------------------------------
    --Record of Form FRA F          The estimated paperwork burden for this requirement is included in 225.21 (Alternative record for illnesses claimed
     6180.107s.                      to be work related).
                                   ---------------------------------------------------------------------------------------------------------------------
    --Record of Monthly Lists.....  784 railroads............  9,408.00 records.............  2.00 minutes.............          313.60        24,432.58
(a)(2)--Record of Form FRA F        784 railroads............  10,194.00 records............  2.00 minutes.............          339.80        26,473.82
 6180.97.
    --Record of employee human      784 railroads............  1,464.00 records.............  2.00 minutes.............           48.80         3,802.01
     factor attachments.
225.33--Internal Control Plans--    784 railroads............  10.00 amendments.............  6.00 hours...............           60.00         4,674.60
 Amendments.
225.35--Access to records and       784 railroads............  784.00 lists.................  20.00 minutes............          261.33        20,360.22
 reports.
                                   ---------------------------------------------------------------------------------------------------------------------
225.37(a)--Optical media transfer   FRA anticipates zero submissions during this 3-year ICR period.
 of reports, updates, and
 amendments.
                                   ---------------------------------------------------------------------------------------------------------------------
(c)(2)--Electronic submission of    784 railroads............  4,704.00 submissions.........  3.00 minutes.............          235.20        18,324.43
 reports, updates, and amendments.
                                   ---------------------------------------------------------------------------------------------------------------------
        Totals \5\................  784 railroads............  88,176 responses.............  N/A......................          30,284        2,359,310
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 88,176.
---------------------------------------------------------------------------

    \4\ The dollar equivalent cost is derived from the 2021 Surface 
Transportation Board Full Year Wage A&B data series using the 
appropriate employee group hourly wage rage that includes a 75 
percent overhead charge.
    \5\ Totals may not add due to rounding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 30,284 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$2,359,310.
    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.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-15626 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-06-P


