Notice2022-12942
Proposed Agency Information Collection Activities; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
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[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36366-36369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12942]
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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.
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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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#274f484346490950424b4b546743485309404851"><span class="__cf_email__" data-cfemail="7911161d1817570e1c15150a391d160d571e160f">[email protected]</span></a> 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:
<bullet> 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.
<bullet> 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:
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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\
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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.
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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.
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Total \2\................ 754 railroads.. 7 responses.... N/A............ 3 194
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Total Estimated Annual Responses: 7.
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\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.
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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.
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\3\ 49 CFR 1.89(a).
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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.
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\4\ 75 FR 41281 (July 15, 2010).
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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:
<bullet> Under Sec. 237.31, the burden increased by 360 hours
because FRA anticipates it will receive 15 bridge management programs.
<bullet> 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.
<bullet> Under Sec. 237.109, FRA updated this burden which added
8,333 hours.
<bullet> 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:
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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)
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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.
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237.71--Determination of The burden associated with this requirement is covered above under Sec. 237.31.
bridge load capacities.
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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.
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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.
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--(g) Report of deficient The burden associated with this requirement is covered above under Sec.
condition on a bridge. 237.109.
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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.
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Total \7\................ 784 track 200,480 N/A............ 34,616 2,680,686
owners, 50 responses.
States and DC,
and 200
political
subdivisions.
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[[Page 36369]]
Total Estimated Annual Responses: 200,480.
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\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: <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>. 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.
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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
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