Notice2023-00293

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
January 10, 2023

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, 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. These ICRs describe the information collections and their expected burdens. On July 5, 2022, FRA published a notice providing a 60-day period for public comment on the ICRs.

Full Text

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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1446-1448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00293]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-18]


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, 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. These 
ICRs describe the information collections and their expected burdens. 
On July 5, 2022, 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 
February 9, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICRs 
should be sent within 30 days of publication of this notice to 
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular ICR by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information 
Collection Clearance Officer at email: <a href="/cdn-cgi/l/email-protection#367e595257581861535a5a457652594218515940"><span class="__cf_email__" data-cfemail="6f27000b0e0141380a03031c2f0b001b41080019">[email&#160;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 
issue two notices seeking public comment on information collection 
activities before

[[Page 1447]]

OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 
1320.8 through 1320.12. On July 5, 2022, FRA published a 60-day notice 
in the Federal Register soliciting comment on the ICRs for which it is 
now seeking OMB approval. See 87 FR 39896. FRA received one comment 
from the public that was outside the scope of this notice.
    Before OMB decides whether to approve the 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(a); 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: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Abstract: Title 49 CFR part 215 contains freight car safety 
standards, including conditions for freight cars in dedicated service. 
``Dedicated service'' means the exclusive assignment of railroad cars 
to the transportation of freight between specified points under the 
conditions listed in 49 CFR 215.5(d), including stenciling, or 
otherwise displaying, in clear legible letters on each side of the car 
body, the words ``Dedicated Service.'' The railroad must notify FRA in 
writing that the cars are to be operated in dedicated service.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 754 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 4.
    Total Estimated Annual Burden: 4 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $310.

    Title: Remotely Controlled Switch Operations.
    OMB Control Number: 2130-0516.
    Abstract: Title 49 CFR 218.30 and 218.77 require that remotely 
controlled switches be properly lined to protect workers as they 
inspect or service rolling equipment on track or occupy camp cars. 
These sections require the operators of the remotely controlled 
switches to remove the locking device controlling the switches only 
once they have been informed by the person in charge of the workers 
that it is safe to do so. Additionally, these operators are required to 
maintain a record of each protection request for 15 days. Operators of 
remotely controlled switches use the information as a record 
documenting protection of workers or camp cars. This record also serves 
as a valuable resource for railroad supervisors and FRA and State 
inspectors monitoring regulatory compliance.
    In this 60-day notice, FRA decreased the estimated paperwork burden 
under Sec.  218.30 by 1,209 hours. The decreased burden reflects the 
reduction in number of work events in the railroad industry.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 53 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 1,837,925.
    Total Estimated Annual Burden: 22,974 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$1,375,912.
    Title: Bad Order, Home Shop Card, and Stenciling Reporting Mark.
    OMB Control Number: 2130-0519.
    Abstract: Under 49 CFR part 215, railroads are required to inspect 
freight cars placed in service and take remedial action when defects 
are identified. A railroad freight car with a part 215 defect may be 
moved to another location for repair only after the railroad has 
complied with the process under 49 CFR 215.9. Section 215.9 requires 
railroads to affix a ``bad order'' tag describing each defect to each 
side of the freight car. It is imperative that a defective freight car 
be tagged ``bad order'' so it can be readily identified and moved to 
another location for repair purposes only, and so that the maximum 
speed and other restrictions necessary for safely conducting the 
movement are known. At the repair location, the ``bad order'' tag 
serves as a notification of the defective condition of the freight car. 
Railroads must retain each tag for 90 days to verify that proper 
repairs were made at the designated location. When inspecting a freight 
car, FRA and State inspectors review all pertinent records to determine 
railroads' compliance with the movement restrictions of 49 CFR 215.9.
    Additionally, Sec.  215.301 requires railroads and private car 
owners to stencil or otherwise display identification marks on freight 
cars, including a car number and build date. FRA uses the 
identification marks to help obtain certain information related to a 
car's compliance with Federal safety laws. The marks are used 
consistently across railroad records to identify the car and show: the 
type of car, what it is carrying, its movement history, and current 
maintenance schedule. Using the marks to identify the cars helps FRA 
determine the application of Federal safety laws to that car and who is 
responsible for compliance. FRA also uses this information to determine 
if the freight car qualifies for dedicated service and is excluded from 
the requirements of part 215. Railroads use the required information to 
provide identification and control so that dedicated cars remain in the 
prescribed service.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 754 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 285,000.
    Total Estimated Annual Burden: 38,000 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$2,290,260.

    Title: Rear End Marking Devices.
    OMB Control Number: 2130-0523.
    Abstract: Title 49 CFR part 221 contains requirements for rear end 
marking devices. Railroads must provide FRA with a detailed description 
of the type of marking devices used for any locomotive operating singly 
or for

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cars or locomotives operating at the end of a train (trailing end) to 
ensure that they meet minimum standards for visibility and display. 
Specifically, part 221 requires railroads to furnish a certification 
that each device has been tested in accordance with current 
``Guidelines for Testing of Rear End Marking Devices.'' Additionally, 
part 221 requires railroads to furnish detailed test records, which 
include the names of testing organizations, test descriptions, number 
of samples tested, and the test results, to demonstrate compliance with 
the performance standard.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 754 railroads and 24 manufacturers.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 2.
    Total Estimated Annual Burden: 2 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $155.
    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. 2023-00293 Filed 1-9-23; 8:45 am]
BILLING CODE 4910-06-P


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Indexed from Federal Register on January 10, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.