# Proposed Agency Information Collection Activities; Comment Request

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-27521

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** November 16, 2016
- **Citation:** 81 FR 80714

## Text

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2016-0002-N-25]
Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), U.S. Department of Transportation.

ACTION:

Notice and request for comments.

SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of proposed information collection activities listed below. Before submitting this information collection request (ICR) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

DATES:

Comments must be received no later than January 17, 2017.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, “Comments on OMB Control Number 2130-0010,” and should also include the title of the collection of information. Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-6497, or emailed to Mr. Brogan at
Robert.Brogan@dot.gov,
or Ms. Toone at
Kim.Toone@dot.gov.
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:

Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (These telephone numbers are not toll free.)

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 to implement them.
See
44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities 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 by automated, electronic, mechanical, or other technological collection techniques and other forms of information technology (
e.g.,
permitting electronic submission of responses).
See
44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv).

FRA believes that soliciting public comment will promote its efforts to 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) ensure that it organizes 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.

Below is a brief summary of currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title:
Track Safety Standards.

OMB Control Number:
2130-0010.

Abstract:
Part 213 prescribes minimum safety requirements for railroad track that is part of the general railroad system of transportation. While the requirements prescribed in this part generally apply to specific track conditions existing in isolation, a combination of track conditions, none of which individually amounts to a deviation from the requirements in this part, may require remedial action to provide safe operations over that track. Qualified persons inspect track and take action to allow safe passage of trains and ensure compliance with prescribed Track Safety Standards. In March 2013, FRA amended the Track Safety Standards and Passenger Equipment Safety Standards applicable to high-speed and high cant deficiency train operations to promote the safe interaction of rail vehicles with the tracks over which they operate. The final rule revised limits for vehicle response to track perturbations and added new limits as well. The rule accounts for a range of vehicle types that are currently used and may likely be used in future high-speed or high cant deficiency rail operations, or both. The rule is based on the results of simulation studies designed to identify track geometry irregularities associated with unsafe wheel/rail forces and accelerations, thorough reviews of vehicle qualification and revenue service test data, and consideration of international practices. The information collection associated with the Track Safety Standards is used by FRA to ensure and enhance rail safety by monitoring complete compliance with all regulatory requirements.

Form Number(s):
N/A.

Affected Public:
Businesses.

Respondent Universe:
728 railroads.

Frequency of Submission:
On occasion.

Affected Public:
Businesses.

Reporting Burden:

CFR section

Respondent
universe
(railroads)

Total annual responses

Average time
per response

Total annual
burden hours

213.14—Excepted track—Identification—Notification to FRA—Removal of Track
236
20 orders
15 minutes
5

Segment From Excepted Statues
236
15 notices
10 minutes
3

213.5—Responsibility of for Compliance—Track Owners—Assignment to Another Person—Notice to FRA
728
10 notices
8 hours
80

213.7—Designation of qualified persons to supervise certain renewals and inspect track
728
1,500 names
10 minutes
250

—Individuals Designated under paragraphs (a) or (b) of this section who inspect CWR and have completed CWR Training Course
37
80,000 trained Employees
8 hours
640,000

—Employees authorized by Track Owner to prescribe CWR Remedial Actions
37
80,000 auth. + 80,000 exams
10 min. + 60 min
93,333

—Designations (Partially Qualified under Paragraph c)
37
250 names
10 min.
2

213.17—Waiver: Petitions
728
6 petitions
24 hours
144

213.57—Curves; elevations and speed limits—Requests for higher curving speeds
728
2 requests
40 hours
80

—Implementation Notification to FRA
728
2 notifications
8 hours
16

—Written Consent of Track Owner to RR provide service over track w/same equip
728
2 consents
45 minutes
2

213.110—Gage restraint measurement systems—Implementing GRMS—Notice to FRA and Technical Report
728
5 notices + 1 tech. report
45 minutes + hours
8

—GRMS Output Reports
728
50 reports
5 minutes
4

—GRMS Exception Reports
728
50 reports
5 minutes
4

—Procedures For Maintaining GRMS Data
728
4 procedures
2 hours
8

—GRMS Training to Qualified Employees
728
2 tr. programs + 5 sessions
16 hours/session or program
112

—GRMS Inspections—Two Most Recent Records
728
50 records
2 hours
100

213.118—Continuous weld rail (CWR); plan review and approval—Track Owner Plans to FRA
279
279 revised plans
4 hours
1,116

—Notice to FRA & to Affected Employees of Plan's Effective Date
279
279 notices + 80,000 notices
15 minutes + 2 minutes
2,737

—FRA Required Revisions to CWR Plans; Further FRA Amendments to CWR Plans
279
20 revisions
2 hours
40

—Annual Retraining of CWR Employees
279
20 plans
1 hour
20

213.119—Continuous weld rail (CWR); plan contents—Annual Retraining of CWR Employees
37
80,000 worker
30 minutes
40,000

—Records of CWR Installations and CWR Maintenance
279
2,000 records
10 minutes
333

—Records of Rail Joint Inspections
279
360,000 rcds
2 minutes
12,000

—Records of CWR Periodic Inspections
279
480,000 rcds
1 minute
8,000

—CWR Procedures Manual
279
279 Manuals
10 minutes
47

213.233—Track Inspections By Person/Vehicle—Records
728
12,500 notations
1 minute
208

213.237—Inspection of rail—RR request to Change Designation of a Rail Inspection Segment or establish a New Segment
10
50 requests
15 minutes
13

—After FRA approval, RR Notice to FRA and RR Employees of Effective Date
10
50 notices + 120 notices
15 minutes + 15 minutes
43

—RR/Track Owner Notice to FRA that Service Failure Rate Target Identified in 213.237(a) is not Achieved
10
12 notices
15 minutes
3

—RR/Track Owner Letter of Explanation Why Service Failure Target Rate has not been Achieved and Provision of Remedial Action Plan to FRA
10
12 letters + 12 plans
15 minutes
6

213.241—Track and Rail Inspection Records
728
1,542,089 records
Varies with Inspection Type
1, 672,941

213.303—Responsibility for compliance—High Speed Track: Notice to FRA of Assignment of Responsibility
2
1 notice
8 hours
8

213.305—Designation of qualified individuals
2
20 designation
10 minutes
3

213.317—Waiver Petitions
2
1 petition
80 hours
80

213.329—Curves; elevation, and speed limitations—Submission of Testing Results Specified in 213.329(d) to FRA for Each Type of Vehicle RR/Track Owner requests Approval
2
2 documents
80 hours
160

—Notification to FRA by RR/Track Owner of Implementation of Higher Curving Speeds at least 30 calendar days before Proposed Implementation
2
3 notifications
40 hours
120

—Written Consent of Track Owner to Another RR that provides Service w/Same Vehicle Type
2
3 written consents
45 minutes
2

213.333—RR Request to FRA concerning Track Geometry Measurement taken from a distance different from that Specified under 213.333(b)(1)
728
1 request
8 hours
8

—RR TGMS Output Reports
10
18 reports
20 hours
360

—RR Copy of plot and exception report by qualifying TGMS performing inspection
10
13 reports
20 hours
260

—Notification to Track Personnel when Onboard Accelerometers indicate possible track-related problems
10
10 notices
40 hours
400

213.333—RR Request to FRA for Alternative Location of Devices Measuring Lateral Accelerations Mounted on a Truck Frame
10
10 requests
40 hours
400

—RR Track Owner Monitoring Data Calendar Year Report to FRA
10
4 data reports
8 hours
32

213.341—Initial inspection of new rail and welds: Mill Inspection—Report
2
2 reports
16 hours
32

—Welding Plant Inspection—Report
2
2 reports
16 hours
32

—Inspection of Field Welds—Records
2
125 records
20 minutes
42

213.343—Continuous welded rail (CWR)—History—Records
2
150 records
10 minutes
25

213.345—Vehicle Qualification Testing—Qualification Program for All Vehicle Types intended to Operate at Class 6 Speeds or Above or at Any Curving Speed more than 5 Inches of Cant Deficiency
10
10 programs
120 hours
1,200

—Qualification Program for All Vehicle Types intended to Operate at Class 7 Speeds or Above or at Any Curving Speed more than 6 Inches of Cant Deficiency
10
10 programs
80 hours
800

—Track Owner Consent for Another Railroad that Provides Service with Same Vehicle Type Over Its Track to Submit Documents to FRA
728
1 written consent
8 hours
8

213.347—Automotive or railroad crossings at grade—Protection Plans
1
2 plans
8 hours
16

213.369—Inspection records
2
500 records
1 minute
8

—Inspection Records of Defects and Remedial Actions
2
50 records
5 minutes
4

Total Estimated Annual Responses:
2,800,634.

Total Estimated Annual Burden:
2,475,698 hours.

Type of Request:
Extension of a Currently Approved Collection.

Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), 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 unless it displays a currently valid OMB control number.

Authority:

44 U.S.C. 3501-3520.

Issued in Washington, DC, on November 7, 2016.
Patrick T. Warren,
Acting Executive Director.

[FR Doc. 2016-27521 Filed 11-15-16; 8:45 am]
BILLING CODE 4910-06-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-27521. Public record. Not legal advice.
