Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-9]

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

Requests (ICRs) abstracted below. Before submitting these ICRs 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 January 14, 2019.

ADDRESSES:

Submit written comments on the ICRs 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, Room W33-497, 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, Room W34-212, 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-XXXX,” (the relevant OMB control number for each ICR is listed below) 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, Room W33-497, 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, Room W34-212, 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 through 1320.12. 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 may reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations require. In summary, FRA reasons that comments received will advance three objectives: (1) Reduce reporting burdens; (2) organize 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:

State Safety Participation Regulations and Reporting of Remedial Actions.

OMB Control Number:

2130-0509.

Abstract:

The collection of information is set forth under 49 CFR part 212, and requires qualified state inspectors to provide various reports to FRA for monitoring and enforcement purposes concerning state investigative, inspection, and surveillance activities regarding railroad compliance with Federal railroad safety laws and regulations. Additionally, under 49 CFR part 209, subpart E, railroads are required to report to FRA actions taken to remedy certain alleged violations of law.

Form Number(s):

FRA F 6180.33/61/67/96/96A/109/110/111/112/144.

Affected Public:

Businesses.

Respondent Universe:

States and Railroads.

Frequency of Submission:

On occasion.

Reporting Burden

CFR section

Respondent universe

Total

annual

responses

Average

time per

response

Total annual

burden hours

Burden

hours dollar

equivalent

cost

1

Application for Participation

16 States

16 updates

2.5 hours

40

$2,960

State Railroad Technical Training Funding Agreement

32 States

32 agreements

1 hour

32

2,368

Inspector Travel Planning and Reimbursement

32 States

400 vouchers

1 hour

400

29,600

212.109—Annual Work Plan

32 States

1,862 reports

5 hours

9,310

688,940

Inspection Form (FRA F 6180.96)

32 States

69,885 forms

15 minutes

17,471

1,292,854

Violation Report—Motive, Power, and Equipment Regulations (Form FRA F 6180.109)

19 States

1,862 reports

4 hours

7,448

551,152

Violation Report—Operating Practices Regulations (Form FRA F 6180.67)

19 States

868 reports

4 hours

3,472

256,928

Violation Report—Hazardous Materials Regulations (Form FRA F 6180.110)

17 States

856 reports

4 hours

3,424

253,376

Violation Report—Hours of Service Law (F 6180.33)

19 States

103 reports

4 hours

412

30,488

Violation Report—Accident/Incident Reporting Rules (Form FRA F 6180.61)

19 States

146 reports

4 hours

584

43,216

Violation Report—Track Safety Regulations (Form FRA F 6180.111)

26 States

667 reports

4 hours

2,668

197,432

Violation Report—Signal and Train Control Regulations (Form FRA F 6180.112)

14 States

440 reports

4 hours

1,760

130,240

209.405—Remedial Actions Reports

566 Railroads

4,050 reports

15 minutes

1,013

74,962

209.407—Violation Report Challenge

566 Railroads

810 challenges

1 hour

810

59,940

209.407—Delayed Reports

695 Railroads

405 reports

30 minutes

203

15,022

1

To determine the dollar equivalent cost for the estimated burden hours under OMB No. 2130-0509, FRA used an average hourly wage rate of $74. FRA derived this estimate from Bureau of Labor Statistics (BLS) data for management occupations, NAICS 99920—State Government, excluding schools and hospitals (OES Designation). To calculate the mean hourly wage of $42.17 for this category of workers, FRA included a 75-percent charge for overhead costs. The calculation is $42.17 per hour × 1.75 = $73.7975 or $74 per hour (rounded). The Web address for this data is:

https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.

Total Estimated Annual Responses:

82,402.

Total Estimated Annual Burden:

49,047 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent:

$3,629,478.

Title:

Use of Locomotive Horns at Highway-Rail Grade Crossings.

OMB Control Number:

2130-0560.

Abstract:

Under 49 CFR part 222, FRA seeks to collect information from railroads and public authorities in order to increase safety at public highway-rail grade crossings nationwide by requiring that locomotive horns be sounded when trains approach and pass through these crossings or by ensuring that a safety level at least equivalent to that provided by routine locomotive horn sounding exists for quiet zone corridors in which horns are silenced. FRA reviews applications by public authorities intending to establish new quiet zones or, in some cases, continue pre-rule quiet zones to ensure the necessary level of safety is achieved.

Form Number(s):

N/A.

Affected Public:

Businesses.

Respondent Universe:

728 railroads/340 Public Authorities.

Frequency of Submission:

On occasion.

CFR section

Respondent universe

Total annual

responses

Average time

per response

Total annual

burden hours

Burden hours

dollar

equivalent

cost

222.15—Waiver Petitions

784 Railroads/531 Public Authorities

2 petitions

4 hours

8

$584

222.39—Applications to Establish Quiet Zone

531 Public Authorities

15 applications

80 hours

1,200

88,800

—Diagnostic Team Review

531 Public Authorities

3 team reviews

16 hours

48

3,504

—Updated Crossing Inventory Forms

531 Public Authorities

75 updated forms

1 hour

75

5,550

—Copies of Quiet Zone Application

531 Public Authorities

90 copies

10 minutes

15

1,110

—Comments to FRA on Quiet Zone Application

784 Railroads/State Agencies

30 comments

1.5 hours

45

3,285

222.43—Written Notice of Public Authority Intent to Create New Quiet Zone and Notification to Required Parties

216 Communities/Public Authorities

60 notices + 180 notifications

40 hours + 10 minutes

2,430

179,820

—Updated Crossing Inventory Forms

216 Communities

300 updated forms

1 hour

300

22,200

—Comments on proposed Quiet Zone

784 Railroads/State Agencies

120 comments

4 hours

480

35,040

—Notice of Quiet Zone Establishment + Notification to Required Parties

531 Public Authorities

60 notices + 360 notifications

40 hours + 10 minutes

2,460

182,040

—Updated Crossing Inventory Forms

531 Public Authorities

300 updated forms

1 hour

300

22,200

—Certification by CEO of Public Authority Regarding Accuracy of Information

531 Public Authorities

60 certifications

5 minutes

5

370

222.47—Periodic Updates: Written Affirmation that Supplementary Safety Measures Implemented w/in Quiet Zone Conform to Rule or Terms of Approval

531 Public Authorities

213 written affirmations + 1,278 copies (to required parties)

30 minutes + 2 minutes

150

11,100

—Updated Crossing Inventory Forms

531 Public Authorities

810 updated forms

1 hour

810

59,940

222.51—Written Commitment to Lower Risk to Traveling Public in Quiet Zones Exceeding Nationwide Significant Risk Threshold

15 Public Authorities

10 written commitments

5 hours

50

3,700

—Comments Upon FRA Review of Quiet Zone Status

3 Public Authorities

2 comments

30 minutes

1

74

222.55—Request for FRA Approval of New Supplementary Safety Measures/Alternative Safety Measures (ASMs) for Quiet Zone

265 Interested Parties/

1 letter

30 minutes

1

74

—Comments on New SSMs or ASMs

265 Interested Parties/General Public

5 comments

30 minutes

3

222

—Request for SSM/ASM Approval -Demo

265 Interested Parties

1 letter

30 minutes

1

74

222.57—Petition for FRA Review of Decision Granting or Denying a New SSM or ASM; Petition Copies to Relevant Parties

531 Public Authorities/Interested Parties

1 petition + 5 petition copies

60 minutes + 2 minutes

1

74

—Request for FRA Reconsideration of Disapproval of Quiet Zone + Party Copies

531 Public Authorities

1 letter + 6 letter copies

5 hours + 2 minutes

5

370

—Additional Documents to FRA as Follow-up to Petition for Reconsideration

531 Public Authorities

1 additional document/set of materials

2 hours

2

148

—Letter Requesting FRA Informal Hearing

531 Public Authorities

1 letter

30 minutes

1

74

222.59—Written Notice of Use of Wayside Horn at Grade Crossing within Quiet Zone + Party Copies

531 Public Authorities

5 notices + 30 notice copies

2.5 hours + 10 minutes

18

1,332

—Notice of Wayside Horn Outside Quiet Zone

531 Public Authorities

5 notices + 30 notice copies

2.5 hours + 10 minutes

18

1,332

Appendix B—Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Programmed Enforcement

531 Public Authorities

1 record

500 hours

500

37,000

—Public Authority Record Relating to Monitoring and Sampling Efforts at Grade Crossing in Quite Zone with Photo Enforcement

531 Public Authorities

1 record

9 hours

9

666

222.129—Written Reports/Records of Locomotive Horn Testing

784 Railroads

300 reports/records

60 minutes

300

21,900

Total Estimated Responses:

4,362.

Total Estimated Annual Burden:

9,236 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent:

$681,983.

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.

Juan D. Reyes III,

Chief Counsel.

[FR Doc. 2018-24716 Filed 11-13-18; 8:45 am]

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