FRA Emergency Order No. 28

Forms and Documents

Document Name	Status
49 CFR 1.49 (4-10).doc Supplementary Document	2013-08-29
49 U.S.C. 20103.doc Supplementary Document	2013-08-29
49 U.S.C. 20101.doc Supplementary Document	2013-08-29
FRA Emergency Processing Request -- Final Cover Letter.pdf Supplementary Document	2013-08-29
EO28_29Aug13.doc Supporting Statement A	2013-08-29

IC Document Collections

IC ID	Document Title	Status
208425	FRA Emergency Order No. 28 Other-Federal Register Notice	New

ICR Details

OMB Control No: 2130-0601	ICR Reference No: 201308-2130-012
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: FRA Emergency Order No. 28
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/01/2013
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/29/2013
	Date Received in OIRA: 08/29/2013
Terms of Clearance: As shown by the changes to this collection, FRA shall continue to consider and account for existing practices in the field and evaluate the utility of imposed burden. In the next submission of this collection, FRA shall fully account for any overhead or printing expenses incurred in connection with these requirements.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2014	6 Months From Approved
Responses	23,511,355	0	0
Time Burden (Hours)	1,981,133	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: FRA has determined that public safety compels issuance of Emergency Order No. 28 to ensure that railroads operating on the general system of transportation implement additional processes and procedures to help make sure that unattended trains and vehicles on main track or sidings are properly secured against unintended movement. The proposed collection of information will be used by FRA to ensure that railroad and their employees fulfill the requirements stipulated in the Emergency Order.

Emergency Justfication: As provided under Title 5 Code of Federal Regulations Section 1320.13, Emergency Processing, FRA is requesting emergency processing for this information ollection submission as specified in the Paperwork Reduction Act of 1995 and its implementing regulations. FRA cannot reasonably comply with normal clearance procedures because the use of normal clearance procedures is reasonably likely to disrupt the collection of information. EO 28 takes effect on September 1, 2013. FRA cannot wait the normal 90 to 180day period for routine Office of Management and Budget (OMB) review and approval. Under EO 28, railroads must immediately initiate steps to implement the Order, and they must complete implementation no later than September 1, 2013. It is imperative then that FRA be able to collect the information prescribed by the Order on September 1, 2013, to verify railroad compliance and thereby reduce the risk that an accident similar to the one that occurred in Lac-Mégantic, Quebec, Canada, would occur in the United States. Prevention of such an accident is essential to FRA’s railroad safety mission. FRA is, therefore, requesting OMB approval of this collection of information by September 1, 2013.

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Authorizing Statute(s): US Code: 49 USC 20103 Name of Law: Federal Railroad Safety Act of 1970
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 23579	08/29/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FRA Emergency Order No. 28

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	23,511,355	0	0	23,511,355	0	0
Annual Time Burden (Hours)	1,981,133	0	0	1,981,133	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This submission is a new collection of information requesting Emergency Clearance Processing for FRA's Emergency Order No. 28, which was published in the Federal Register on August 7, 2013. See 78 FR 48218. FRA is requesting OMB Emergency Clearance on or before September 1, 2013, because railroads must complete implementation of the requirements in EO 28 by September 1, 2013. By definition, this entire submission is a program change. As stated above, upon OMB Emergency Clearance approval for 180 days, FRA will initiate necessary steps to obtain regular Clearance of this information collection. There are no additional costs to respondents besides the burden listed in the answer to question number 12 of the Supporting Justification.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/29/2013

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