Notice2023-15626
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
July 24, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 140 (Monday, July 24, 2023)</title>
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[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47551-47554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15626]
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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.
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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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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: <a href="/cdn-cgi/l/email-protection#1071627c756464753e7d656363797e77647f7e50747f643e777f66"><span class="__cf_email__" data-cfemail="6a0b18060f1e1e0f44071f191903040d1e05042a0e051e440d051c">[email protected]</span></a> or
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email:
[[Page 47552]]
<a href="/cdn-cgi/l/email-protection#8ce6e3ede2e2e9a2fffbedeaeae3fee8cce8e3f8a2ebe3fa"><span class="__cf_email__" data-cfemail="91fbfef0fffff4bfe2e6f0f7f7fee3f5d1f5fee5bff6fee7">[email protected]</span></a> 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\
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\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.
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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.
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\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.
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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
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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\
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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.
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--(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.
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--(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.
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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.
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--Completion of Form FRA F FRA anticipates zero railroad submissions during this 3-year ICR period.
6180.97 because of rail
equipment involvement.
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--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
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--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).
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--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.
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225.37(a)--Optical media transfer FRA anticipates zero submissions during this 3-year ICR period.
of reports, updates, and
amendments.
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(c)(2)--Electronic submission of 784 railroads............ 4,704.00 submissions......... 3.00 minutes............. 235.20 18,324.43
reports, updates, and amendments.
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Totals \5\................ 784 railroads............ 88,176 responses............. N/A...................... 30,284 2,359,310
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Total Estimated Annual Responses: 88,176.
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\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.
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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
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