Notice2024-01044
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 22, 2024
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 Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On July 21, 2023, FRA published a notice providing a 60-day period for public comment on the ICR.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3984-3987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01044]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-24]
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, this notice announces that FRA is forwarding
the Information Collection Request (ICR) abstracted below to the Office
of Management and Budget (OMB) for review and comment. The ICR
describes the information collection and its expected burden. On July
21, 2023, FRA published a notice providing a 60-day period for public
comment on the ICR.
DATES: Interested persons are invited to submit comments on or before
February 21, 2024.
ADDRESSES: Written comments and recommendations for the proposed 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.
[[Page 3985]]
FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#dcbdaeb0b9a8a8b9f2b1a9afafb5b2bba8b3b29cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="6302110f061717064d0e1610100a0d04170c0d23070c174d040c15">[email protected]</span></a> or
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#264c49474848430855514740404954426642495208414950"><span class="__cf_email__" data-cfemail="553f3a343b3b307b26223433333a273115313a217b323a23">[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 July 21, 2023, FRA
published a 60-day notice in the Federal Register soliciting public
comment on the ICR for which it is now seeking OMB approval. See 88 FR
47233. FRA received 11 comments, summarized below, related to the
proposed collection of information.
FRA received several comments from labor organizations, individuals
(including a railroad employee), the National Railroad Passenger
Corporation (Amtrak), and interested coalitions that strongly support
this proposed ICR. Noting their safety concerns with long trains, the
Transportation Division of the International Association of Sheet
Metal, Air, Rail and Transportation workers (SMART-TD), the
Transportation Trades Department of the AFL-CIO (TTD), an individual
railroad employee, and the Illinois Commerce Commission (ICC) provided
feedback regarding the steady and significant increase of long train
lengths and noted that railroads already retain some of the data FRA is
proposing to collect. SMART-TD commented that ``tracking the lengths
and tonnage of all freight trains will take this information from the
realm of anecdotal to actionable.'' Further, TTD commented that, ``This
information collection request comes at a time of widespread safety
issues in the freight rail industry'' and ``We commend FRA for moving
forward with this ICR and request that the agency consider our
recommended additions to the proposed reporting requirements.'' Amtrak
noted that freight traffic has a major impact on the performance of
Amtrak's trains and that increasingly long freight trains have
exacerbated these problems. The prevailing opinion of these supportive
commenters is that this proposed collection of information on train
length is essential to understanding how to improve the safe and
efficient operation of long trains.
In expressing support for this ICR, various commenters encouraged
FRA to collect additional categories of information. For example, a
group of nine urban Chicago communities, identified as the Coalition to
Stop CPKC, recommended that the monthly data be presented in a format
that allows interested parties to determine increasing train lengths in
key regional areas. TTD encouraged FRA to consider collecting data
related to train weight distribution, the number of buffer cars between
hazardous materials shipments and crew member locations, and the
presence of distributed power units (DPUs).
FRA did not add these categories because requiring respondents to
provide this additional information without further FRA review, could
create additional requirements that are beyond the initial purpose of
this information collection. Similarly, commenter recommendations to
include variables, such as delays to emergency responders due to
blocked crossings and establishing a retroactive baseline year, are not
being considered at this time. FRA directs commenters to field IDs F22
through F24.C of Form FRA F 6180.277, which request blocked crossing
information. Once the ICR has been approved, FRA will review the data
collected and consider adding additional data categories in the future.
Two individuals commented that the proposed ICR creates an
excessive paperwork burden on respondents and that they do not believe
FRA will be able to process and analyze the collected data in a timely
manner. These commenters also asserted they do not believe FRA is
avoiding duplicative collections by reviewing train length data
collected on Form FRA F 6180.54. FRA is cognizant of the increased
paperwork burdens that collecting this type of data create and has
incorporated several measures to minimize them. As an example, FRA
notes that reviewing train length information from existing Form FRA F
6180.54 under the Special Study Block 49a data field, rather than
collecting the data on Form FRA F 6180.277, will avoid duplicative
collections. When developing this proposed ICR, FRA considered the
volume of data to be collected and the agency's capability to collect,
analyze, and review it. Additionally, FRA's estimate of 40 minutes per
month for the average time per response, or 8 hours annually, is based
on data-compiling methods already in use by Class I railroads for other
FRA reporting requirements. Furthermore, FRA agrees with the ICC's
comment that the burden will be manageable and will decrease over time
once a railroad has established the protocol to collect, if the
railroad does not already do so, and present this data.
FRA received comments that the ICR does not define what constitutes
``emergency'', and ``communication event losses''. FRA addressed this
comment by revising field ID F12, to include reference to 49 CFR 220.13
to define ``emergency events''. ``Communication loss events'' are
described in field IDs F13 through F15.C of Form FRA F 6180.277.
Commenters also asserted that FRA should collect data on broken
drawbars and that FRA omitted the word ``certification'' with respect
to engineer certification revocations.
In response to this feedback, and upon further review, FRA agrees
with the recommendation to collect data on broken drawbars as part of
the ``draft system.'' \1\ To accomplish this, FRA is updating the data
field description in Form FRA F 6180.277 field IDs F16 through F16.C by
replacing the term ``broken knuckles'' with ``train separations due to
broken couplers and draft gear.'' Additionally, FRA changed the term
``knuckles'' to ``couplers'' in field IDs F16 through F16.C to be
consistent with railroad terminology used in FRA's regulations.
Further, FRA updated the form instructions in field ID F2 to ``The
reporting railroad alphabetic code must match the code used in the
submission of Form FRA F 6180.54 to FRA'' to make it clear which data
are being requested.
---------------------------------------------------------------------------
\1\ See 49 CFR 229.61.
---------------------------------------------------------------------------
FRA also acknowledges the omission of the word ``certification''
and is updating the language throughout Form FRA F 6180.277 from
``engineer revocations'' to ``engineer certification revocations''. FRA
has uploaded the updated form in the PRA docket referenced above at
<a href="https://www.regulations.gov/docket/FRA-2023-0002/document">https://www.regulations.gov/docket/FRA-2023-0002/document</a>. From that
page, Form FRA F 6180.277 can be accessed by using the ``refine
results'' menu to the left of the screen. Under ``Document Type'' check
the box labeled ``Supporting & Related Material'' and the form will be
displayed under the search results.
The Coalition to Stop CPKC commented that FRA is silent on the
extent to which the reported data would be publicly available. FRA is
planning to analyze the collected data and may publicly share the data
or FRA's analysis in reports, testimony, or other safety-related agency
actions.
In the proposed ICR, FRA stated that the proposal would require
Class I
[[Page 3986]]
freight railroads to provide FRA with the information in Form FRA F
6180.277 on a monthly basis \2\ without specifying when it would expect
the form to be submitted. The proposed ICR also stated that ``FRA is
not asking railroads to provide train length information for any FRA-
reportable accident or incident'' that a railroad is required to report
to FRA on a form under the agency's existing requirements so as to
avoid seemingly duplicative reporting.\3\ As each railroad is required
under the existing reporting regulation to submit required forms within
30 days after expiration of the month during which the accidents/
incidents occurred,\4\ FRA is clarifying that the same 30-day
submission and monthly reporting period applies to this information
collection request. Requesting this information collection in
conjunction with the existing reporting requirements will enable each
Class I freight railroad to coordinate its submissions and avoid
duplicative reporting as previously described.
---------------------------------------------------------------------------
\2\ 88 FR 47233 at 47234.
\3\ Id. and 49 CFR part 225.
\4\ 49 CFR 225.11(b).
---------------------------------------------------------------------------
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. See 44
U.S.C. 3507(b)-(c), 5 CFR 1320.12(d), 60 FR 44978, 44983, Aug. 29,
1995.
The 30-day notice both informs and gives the regulated community
the opportunity to file relevant comments and affords the agency
adequate time to digest public comments before it renders a decision.
See 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 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: Class I Freight-Train Length Reporting.
OMB Control Number: 2130-NEW.
Abstract: On May 2, 2023, FRA issued Safety Advisory 2023-03,
``Accident Mitigation and Train Length,'' (Safety Advisory) to ensure
railroads and railroad employees are aware of the potential
complexities associated with operating longer trains and to recommend
that they take appropriate measures to address those complexities to
ensure the safe operation of such trains.\5\ The Safety Advisory cited
three significant incidents that occurred since 2022 involving trains
with more than 200 cars, each approximately more than 10,000 feet in
length and weighing more than 17,000 trailing tons, where train
handling and train makeup are believed to have caused, or contributed
to, the accidents and incidents. In the Safety Advisory, FRA explained
that the operation of these longer trains presents different, complex,
operational challenges which can be exacerbated by the weight and
makeup of trains. Consequently, FRA recommended that railroads review
their operating rules and existing locomotive engineer certification
programs to address operational complexities of train length, take
appropriate action to prevent the loss of communications between end-
of-train devices, and mitigate the impacts of long trains on blocked
crossings.\6\
---------------------------------------------------------------------------
\5\ 88 FR 27570.
\6\ Id.
---------------------------------------------------------------------------
In the Safety Advisory, FRA also explained that, in 2019, the U.S.
Government Accountability Office (GAO) issued a report finding that
freight-train length, particularly for Class I railroads, increased in
recent years.\7\ GAO was able to procure limited data from some of the
railroads, including data indicating average train lengths of 6,100
feet and 7,500 feet from two Class I railroads.\8\ The data represent
an increase in the average length of a train of about 25 percent for
both railroads over a 10-year period.\9\ Each Class I railroad
reportedly told GAO that they operate some number of longer trains,
with one railroad reporting that it operates a train on a regular basis
over 12,000 feet long and another railroad operating a train on a
regular basis over 16,000 feet long.\10\ These same railroads responded
that trains over 10,000 feet long were only 1 to 2 percent of their
total train-miles.\11\
---------------------------------------------------------------------------
\7\ Id. (citing GAO's May 2019 report titled RAIL SAFETY:
Freight Trains Are Getting Longer, and Additional Information is
Needed to Assess Their Impact, GAO-19-443 (available at <a href="https://www.gao.gov/assets/gao-19-443.pdf">https://www.gao.gov/assets/gao-19-443.pdf</a>).
\8\ Id. at 11.
\9\ Id.
\10\ Id. at 12.
\11\ Id.
---------------------------------------------------------------------------
In the Safety Advisory, FRA also indicated that it was in the
process of conducting research on the operational complexities of
longer trains, including air brake system performance and resulting
train dynamics.\12\ The Safety Advisory also noted that, in response to
a statutory requirement, FRA entered into an agreement with the
National Academies of Sciences, Engineering, and Medicine (NAS) to
examine factors associated with the operation of freight trains longer
than 7,500 feet. FRA notes, however, that any data collected from the
industry during these studies may be no more detailed or complete than
the data GAO was able to obtain from the railroads for its report.\13\
---------------------------------------------------------------------------
\12\ <a href="https://railroads.dot.gov/sites/fra.dot.gov/files/2022-2/2023_RDT_CurrentProjects_complete_FINAL.pdf">https://railroads.dot.gov/sites/fra.dot.gov/files/2022-2/2023_RDT_CurrentProjects_complete_FINAL.pdf</a>.
\13\ Information about NAS's study and its meeting agendas are
available at <a href="https://www.nationalacadameies.org/our-work/impacts-of-trains-longer-than-7500-feet">https://www.nationalacadameies.org/our-work/impacts-of-trains-longer-than-7500-feet</a>. The study was required by the
Infrastructure Investment and Jobs Act, Public Law 117-58, 22422, 35
Stat. 751 (2021).
---------------------------------------------------------------------------
As a next step, FRA is initiating a new ICR to gather train length
data from Class I freight railroads as the safety concerns associated
with long trains largely focus on these railroads.\14\ Specifically,
under the proposed information collection, Class I freight railroads
would provide to FRA, on a monthly basis, data regarding the total
number of trains operated, the total quantity of rolling equipment in
those trains, and the total trailing tonnage in specified train length
categories (e.g., less than or equal to 7,500 feet, greater than 7,500
feet). In addition, FRA proposes to collect data from the Class I
freight railroads that may inform potential complexities and safety
concerns associated with operating longer trains, such as the number of
emergency events, communication loss events, train separations due to
broken couplers and draft gear, air hose separations, positive train
control enforcements, and the number of locomotive engineer
certification revocations under 49 CFR part 240 and conductor
certification revocations under 49 CFR part 242. The requested data
will be collected monthly using an Excel-based form (Form FRA F
6180.277).
---------------------------------------------------------------------------
\14\ This ICR is limited to Class I railroads.
---------------------------------------------------------------------------
The data collection is necessary to create an industry-wide
database that will allow FRA to make objective
[[Page 3987]]
findings to support guidance or recommendations to the industry, or
regulatory action. Of note, FRA is seeking to collect data on train
length on an ongoing basis, as opposed to this being a one-time study.
FRA will use the collected data to establish an initial baseline for
the length of trains operating within the U.S. rail system as well as
to determine if train lengths are changing over time. FRA may also use
the collected data in future analyses to better understand the impact
of train length on safety: e.g., to determine whether trains of certain
lengths are disproportionately involved in certain type of accidents/
incidents or other undesired events such as loss of communications or
train stalling.
FRA has incorporated several measures to minimize respondents'
paperwork burden in this proposed collection. For example, to avoid
duplicating efforts, FRA is not asking railroads to provide train
length information for any FRA-reportable accident or incident for
which a Form FRA F 6180.54 is filed. Instead, for any train involved in
an accident for which a Form FRA F 6180.54 is filed, FRA will review
train length data collected on that form and will not seek to collect
the same data proposed in this collection.
As provided by Congress to the Secretary of Transportation, and as
delegated, FRA has broad statutory authority to oversee matters related
to rail safety.\15\ As noted in the Safety Advisory, the greater
operational complexities associated with longer trains necessitate that
railroads take appropriate safety measures to manage their potentially
more complex in-train forces. This proposed collection is a component
of FRA's ongoing research to closely monitor and analyze the impact of
train length on rail safety.
---------------------------------------------------------------------------
\15\ 49 U.S.C. 20103(a).
---------------------------------------------------------------------------
Type of Request: Approval of a new collection of information.
Affected Public: Businesses.
Form(s): Form FRA F 6180.277.
Respondent Universe: Class I freight railroads.
Frequency of Submission: Monthly/recurring.
Total Estimated Annual Responses: 72 reports.
Total Estimated Annual Burden: 576 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent: $49,496.
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. 2024-01044 Filed 1-19-24; 8:45 am]
BILLING CODE 4910-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 22, 2024.
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.