Proposed Agency Information Collection Activities; Comment Request

Federal RegisterDec 11, 2017

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-25]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), U.S. 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, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

Interested persons are invited to submit comments on or before February 9, 2018.

ADDRESSES:

Submit written comments on the ICR 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 2130-0500,” and should also include the title of the ICR. 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).

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 1320.8-12. 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 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.

The summaries below describe the ICRs that FRA will submit for OMB clearance as the PRA requires:

Title:

Accident/Incident Reporting and Recordkeeping.

OMB Control Number:

2130-0500.

Abstract:

The collection of information is due to the railroad accident reporting regulations in 49 CFR part 225 that generally require railroads to submit monthly 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. Because the reporting requirements and the information needed regarding each category of accident/incident are unique, a different form is used for each category.

FRA hereby informs the regulated community of railroads and the general public that it is revising the instructions for Form FRA F 6180.57, Highway-Rail Grade Crossing Accident/Incident Report, to capture information concerning post-accident toxicological testing for certain human-factor, highway-rail grade crossing accidents and incidents in the narrative block of this form. The newly revised 49 Code of Federal Regulations (CFR) 219.201(a), effective on June 12, 2017, requires post-accident toxicological testing of railroad employees when one or more of five specific requirements are met for certain human-factor categories of highway-rail grade crossing accidents and incidents.

See

81 FR 37894 (June 10, 2016).

FRA will begin the process to add a block to Form FRA F 6180.57 to accommodate this requirement. In the interim, if railroads perform drug and alcohol testing on any employee involved in a highway-rail grade crossing accident, FRA is requesting the railroad place the drug and alcohol coding information in Item No. 54, “Narrative Description,” of Form FRA F 6180.57.

In accordance with the requirements of the PRA (44 U.S.C. 3501-3520) and its implementing regulations (5 CFR 1320.5-12), FRA published the two required

Federal Register

notices for public comment and then transmitted to OMB in March 2017 its renewal submission for this information collection. This submission increased the agency estimate of the annual number of forms completed for Form FRA F 6180.57 by 160 forms from the previously approved submission to OMB (from 2,000 to 2,160 forms). FRA estimated two hours as the average burden time to complete Form FRA F 6180.57, including the time for the information placed in the narrative block of the form. OMB cleared this renewal submission on June 2, 2017, approving a total burden of 46,577 hours and 109,440 responses and extended the previous clearance for another three years. The new expiration date for this information collection is now June 30, 2020. FRA now seeks approval for this change to the Form F 6180.57 instructions while requesting no change to the number of burden hours and burden responses.

Form Number(s):

FRA F 6180.39i; 54; 55; 55A; 56; 57; 78; 81; 97; 98; 99;107; 150.

Affected Public:

Businesses.

Respondent Universe:

744 railroads.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per

response

Total annual burden hours

225.6-Consolidated Reporting—Request to FRA by parent corporation to treat its commonly controlled carriers as a single railroad carrier for purposes of this part

744 railroads

1 request

40 hours

40

—Written agreement by parent corporation with FRA on specific subsidiaries included in its railroad system

744 railroads

1 agreement

2 hours

2

—Notification by parent corporation regarding any change in the subsidiaries making up its railroad system and amended written agreement with FRA

744 railroads

1 notification + 1 amended agreement

60 minutes

2

225.9—Telephonic Reports of Certain Accidents/Incidents and Other Events

744 railroads

2,400 phone reports

15 minutes

600

225.11—Reporting of Rail Equipment Accidents/Incidents—Form FRA F 6180.54

744 railroads

1,400 + 500 + 640 forms

2 hours/1 hour/123 minutes

4,612

225.12—Rail Equipment Accident/Incident Reports Alleging Human Factor as Cause—Form FRA F 6180.81

744 railroads

952 forms

15 minutes

238

—Part I Form FRA F 6180.78 (Notices)

744 railroads

800 notices + 4,010 copies

10 minutes + 3 minutes

334

—Joint operations

744 railroads

100 requests

20 minutes

33

—Late identification

744 railroads

20 attachment + 20 notices

15 minutes

10

—Employee statement supplementing Railroad Accident Report (Part II Form FRA F 6180.78)

Railroad employees

60 statements

1.5 hours

90

—Employee confidential letter

Railroad employees

10 letters

2 hours

20

225.13—Late Reports—Railroad discovery of improperly omitted Report of Accident/Incident

744 railroads

25 late reports

1 hour

25

—Railroad late/amended Report of Accident/Incident based on employee statement supplementing Railroad Accident Report

744 railroads

25 amended reports + 40 copies

1 hour + 3 minutes

27

225.18—Railroad narrative report of possible alcohol/drug involvement in accident/incident

744 railroads

12 reports

30 minutes

6

—Reports required by section 219.209(b) appended to rail equipment accident/incident report

744 railroads

5 reports

30 minutes

3

225.19—Rail-Highway Grade Crossing Accident/Incident Report—Form FRA F 6180.57

744 railroads

1,900 + 260 forms

2 hours/1 hour

4,060

—Death, Injury, or Occupational Illness (Form FRA F 6180.55a)

744 railroads

9,578 + 454 + 345 forms

60 min./60 min 195 min.

11,1153

225.21—Railroad Injury and Illness Summary: Form FRA F 6180.55

744 railroads

8,928 forms

10 minutes

1,488

225.21—Annual Railroad Report of Employee Hours and Casualties, By State—Form FRA F 6180.56

744 railroads

744 forms

15 minutes

186

225.21/25—Railroad Employee Injury and/or Illness Record—Form FRA F 6180.98

744 railroads

13,700 forms

60 minutes

13,700

—Copies of forms to employees

744 railroads

411 form copies

14

225.21—Initial Rail Equipment Accident/Incident Record—Form FRA F 6180.97

744 railroads

11,870 forms

30 minutes

5,935

—Completion of Form FRA F 6180.97 because of rail equipment involvement

744 railroads

1 form

30 minutes

1

225.21—Alternative Record for Illnesses Claimed to Be Work Related—Form FRA F 6180.107

744 railroads

300 forms

75 minutes

375

225.21—Highway User Statement—Railroad cover letter and Form FRA F 6180.150 sent out to potentially injured travelers involved in a highway-rail grade crossing accident/incident

744 railroads

1,035 letters/forms

50 minutes

863

—Form FRA F 6180.150 completed by highway user and sent back to railroad

950 Injured Individuals

725 forms

45 minutes

544

225.25(h)—Posting of Monthly Summary

744 railroads

8,928 lists

5 minutes

744

225.27—Retention of Records

744 railroads

13,700 records

2 minutes

457

—Record of Form FRA F 6180.107

744 railroads

300 records

10

—Record of Monthly Lists

744 railroads

8,928 records

2 minutes

298

—Record of Form FRA F 6180.97

744 railroads

11,760 records

2 minutes

392

—Record of Employee Human Factor Attachments

744 railroads

2 minutes

58

225.33—Internal Control Plans—Amendments

744 railroads

10 amendment

6 hours

60

225.35—Access to Records and Reports

15 railroads

200 lists

20 minutes

67

225.37—Optical Media Transfer of Reports, Updates, and Amendments

8 railroads

200 transfers

3 minutes

10

—Electronic Submission of Reports, Updates, and Amendments

744 railroads

2,400 submissions

3 minutes

120

Total Responses:

109,440.

Estimated Total Annual Burden:

46,577 hours.

Status:

Extension of a currently approved information collection.

Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 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.

Brett A. Jortland,

Acting Deputy Chief Counsel.

[FR Doc. 2017-26625 Filed 12-8-17; 8:45 am]

BILLING CODE 4910-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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