2017-05046. Proposed Renewal of Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

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. Before submitting these information collection requests (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 below.

DATES:

Comments must be received no later than May 15, 2017.

ADDRESSES:

Submit written comments on any of the following information collection activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Safety Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. 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-XXXX” (the relevant OMB control number for each ICR is listed below), and should also include the title of the collection. Alternatively, comments may be faxed to [phone] or [phone], or emailed to Mr. Brogan at [e-mail], or to Ms. Toone at [e-mail]. 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 Safety Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: [phone]) or Ms. Kimberly Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: [phone]). 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 of the activities. 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 parties to comment on the following summary of 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) how FRA can enhance the quality, utility, and clarity of the information being collected; and (4) how FRA can 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); 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 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 FRA will submit for renewed clearance by OMB as required under the PRA:

Title: Passenger Train Emergency Preparedness.

OMB Control Number: 2130-0545.

Abstract: Under 49 CFR part 239, Passenger Train Emergency Preparedness, FRA requires railroads to meet minimum Federal standards for the preparation, adoption, and implementation of emergency preparedness plans connected with the operation of passenger trains, including freight railroads hosting passenger rail service operations. To help ensure compliance with the regulation, FRA requires railroads to conduct operational tests of their personnel responsible for implementing the emergency preparedness plans. Requirements formerly in §  239.107 related to doors have been moved to §  238.112. Requirements formerly in §  239.107 related to windows have been moved to §  238.307. See 78 FR 71785, Nov. 29, 2013.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 45 Railroads.

Frequency of Submission: On occasion.

Reporting Burden:

CFR section	Respondent universe (railroads)	Total annual responses	Average time per response	Total annual burden hours
239.13—waivers	45 railroads	1 waiver petition	20 hours	20
239.101/201/203—emergency preparedness plan: amended plans	45 railroads	45 amended plans	31.33 hours	1,410
—subsequent years: amended emergency preparedness plans	45 railroads	9 amended plans	31.33 hours	282
—non-substantive changes to emergency preparedness plan	45 railroads	4 amended plans	1 hour	4
—emergency preparedness plans for new/start-up railroads	2 new railroads	2 new plans	80 hours	160
—initial training of railroad control center and emergency response communications center personnel on emergency preparedness plan (EPP) provisions	45 railroads	540 initially trained employees	8 hours	4,320
—periodic EPP training of same groups of employees	45 railroads	54 periodically trained employees	4 hours	216
—initial EPP training of new railroad employees and contractor/contracted employees	45 railroads	135 trained new employees	8 hours	1,080
239.101(a)(1)(ii)—RR designation of employees responsible for maintaining emergency phone numbers for use in contacting outside emergency responders and appropriate RR officials that a passenger emergency has occurred	45 railroads	45 designations	5 minutes	4
—commuter/inter city passenger RRs gathering/keeping emergency phone numbers	45 railroads	2 lists/updated records	1 hour	2
239.101(a)(3)—coordinating applicable portions of emergency preparedness plan between each railroad hosting passenger service and each railroad that provides or operates such service	45 railroads	1 coordinated plan	16 hours	16
239.101(a)(5)—Updating emergency responder liaison information and conducting emergency simulation	45 railroads	45 updated plans	40 hours	1,800
239.101(a)(7)—RR dissemination of information regarding emergency procedures/instructions	2 new railroads	1,300 cards/2 programs/2 safety messages + 2 programs + 2 safety messages	5 minutes/16 hours/48 hours/8 hours/24 hours	300
239.105—Debrief and critique sessions	45 railroads	79 debrief/critique sessions	27 hours	2,133
239.301(a)—RR operational tests/inspection of on-board, control center, & emergency response center personnel	45 railroads	25,000 operational tests/inspections	15 minutes	6,250
—(b) and (c) maintenance and retention of operational tests/inspection records	45 railroads	25,000 records	2 minutes	833
—(d) RR retention of 1 copy of operational testing & inspection program	45 railroads	90 program copies/records	3 minutes	5
—(e) RR six-month review of tests/inspections and adjustments to program of operational tests/inspections	45 railroads	90 periodic reviews/analyses	2 hours	180
—(f) RR annual summary of tests/inspections & record of each summary	45 railroads	45 annual summaries + 30 annual summary hard copies	5 minutes + 1 min	5

Total Estimated Annual Responses: 69,670.

Total Estimated Annual Burden: 21,470 hours.

Type of Request: Regular Review of a Currently Approved Information Collection.

Title: Locomotive Cab Sanitation Standards.

OMB Control Number: 2130-0552.

Abstract: FRA's locomotive cab sanitation standards, 49 CFR 229.137 and 229.139, prescribe minimum standards for locomotive sanitation facilities. FRA uses this collection of information to promote rail safety and the health of railroad workers by ensuring all locomotive crew members have access to functioning and hygienic toilet/sanitary facilities on an as needed basis. FRA also uses this collection of information to ensure railroads timely repair defective locomotive sanitary facilities.

Form Number(s): N/A.

Affected Public: Businesses.

Frequency of Submission: One-time.

Respondent Universe: 744 railroads.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
229.137(d)—Defective locomotive toilet facility—Tagging	744 railroads	11,700 tags/notices	90 seconds	293
229.137(e) Defective but sanitary locomotive toilet facility—Tagging	744 railroads	7,956 tags/notices	90 seconds	199
229.139(d) Switching or transfer service—defective locomotive toilet facility—Notation on daily inspection report	744 railroads	93,600 notations	30 seconds	780

Total Estimated Responses: 113,256.

Total Estimated Annual Burden: 1,272 hours.

Type of Request: Regular Review of a Currently Approved Information Collection.

Title: Locomotive Crashworthiness.

OMB Control Number: 2130-0564.

Abstract: FRA's Locomotive Crashworthiness Design Requirements (49 CFR part 229, subpart D) prescribe minimum crashworthiness standards for locomotives. These crashworthiness standards are intended to help protect locomotive cab occupants in the event of a collision or other accident involving a locomotive. FRA uses the collection of information to ensure railroads use locomotives that meet the prescribed minimum performance standards and design load requirements for newly manufactured and re-manufactured locomotives.

Form Number(s): N/A.

Affected Public: Businesses/Public/Interested Parties.

Frequency of Submission: On occasion; One-time.

Respondent Universe: 725 railroads/4 Locomotive Manufacturers.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
229.207(b)—Petition for FRA approval of new locomotive crashworthiness design	725 railroads/4 locomotive manufacturers	2 petitions	1,050 hours	2,100
—(c) Petition for FRA approval of substantive changes to FRA-approved locomotive crashworthiness design standard	725 railroads/4 locomotive manufacturers	1 petition	1,050 hours	1,050
—(d) Petition for FRA approval of non-substantive changes to existing FRA approved locomotive crashworthiness design standard	725 railroads/4 locomotive manufacturers	1 petition	400 hours	400
229.209(b)—Petition for FRA approval of alternative locomotive crashworthiness design	725 railroads/4 locomotive manufacturers	1 petition	2,550 hours	2,550
229.211—(b)(2) Processing of petition—comments to FRA on petitions	725 railroads/4 locomotive manufacturers	5 comments	16 hours	80
—(b)(3) Additional information obtained from public at FRA hearings	725 railroads/4 locomotive manufacturers/public/other interested parties	2 hearings (8 comments per hearing @3 hours each)	24 hours	48
229.213(a) Locomotive manufacturing information: retention by railroads	725 railroads	1,000 records/stickers/badge plates	6 minutes	100
239.215—(a) Manufacturer retention of original locomotive designs	4 locomotive manufacturers	24 locomotive records	8 hours	192
—(b) Owner/lessee retention of records regarding repair or modification to locomotive crashworthiness features	725 railroads/locomotive lessees	6 locomotive crashworthiness modification/repair records	4 hours	24
—(c) Inspection of records required in 239.215(a)&(b) from custodian upon FRA request	725 railroads/4 locomotive manufacturers	10 records	2 minutes	33

Total Estimated Responses: 1,052.

Total Estimated Annual Burden: 6,544 hours.

Type of Request: Regular Review of a Currently Approved Information Collection.

Title: Critical Incident Stress Plans.

OMB Control Number: 2130-0602.

Abstract: FRA issued its Critical Incident Stress Plans Final Rule (49 CFR part 272), on March 25, 2014. See 79 FR 16218. Part 272 requires Class I, intercity passenger, and commuter railroads to develop, and submit to FRA for approval, critical incident stress plans that provide appropriate support services be offered to their employees who are affected by a critical incident as defined in 49 CFR 272.9. FRA uses the information collected to ensure the minimum standards of Part 272 are met.

Form Number(s): N/A.

Affected Public: Businesses/Rail Labor Unions.

Frequency of Submission: One-time.

Respondent Universe: 34 railroads.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
272.103—(a) Railroad submission of updated/modified existing critical incident stress plan (CISP) to FRA for approval	34 railroads	34 updated/modified plans	16 hours	544
—(b) RR CISP copy to 5 labor organizations	34 railroads	170 plan copies	5 minutes	14
—(c)(1) Rail labor organization comment to FRA on CISP submission	5 employee labor organizations	65 comments	3 hours	195
—(2)(1) Rail labor affirmative statement to FRA that comment copy has been served on railroad	5 employee labor organizations	65 certifications	15 minutes	16
(e) Copy to RR employees of updated/modified CISP	34 railroads	169,500 copies	5 minutes	14,125
(f) RR copy to FRA inspector upon request of CISP	34 railroads	136 plan copies	5 minutes	11
272.105—Requirement to file CISP electronically	34 railroads	34 CISP electronic submissions	5 minutes	3

Total Estimated Responses: 170,004.

Total Estimated Annual Burden: 14,908 hours.

Type of Request: Regular Review of a Currently Approved Information Collection.

Pursuant to 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.

Sarah L. Inderbitzin,

Acting Chief Counsel.