FRA Emergency Order No. 31, Notice No. 1

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
drfEO31.doc	Supporting Statement A	Uploaded 2015-05-28	Available
EO 31 ICR Emergency Processing Cover Letter.pdf	Supplementary Document	Uploaded 2015-05-28	Available
49 CFR 1.89.doc	Supplementary Document	Uploaded 2015-05-28	Available
49 U.S.C. 20104.doc	Supplementary Document	Uploaded 2015-05-28	Available
49 U.S.C. 20103.doc	Supplementary Document	Uploaded 2015-05-28	Available
49 U.S.C. 20101.doc	Supplementary Document	Uploaded 2015-05-28	Available
May 28, 2015 FR Notice (EO31 Emerg. Proc.).pdf	Supplementary Document	Uploaded 2015-05-28	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
216742	FRA Emergency Order No. 31, Notice No. 1	Other-Emergency Order	New

ICR Details

OMB Control No: 2130-0611	ICR Reference No: 201505-2130-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: FRA Emergency Order No. 31, Notice No. 1
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: 05/28/2015
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/28/2015
	Date Received in OIRA: 05/28/2015
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2015	6 Months From Approved
Responses	195	0	0
Time Burden (Hours)	242	0	0
Cost Burden (Dollars)	10,416	0	0

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Abstract: FRA has determined that public safety compels issuance of this Emergency Order requiring the National Railroad Passenger Corporation (Amtrak) take actions to control passenger train speed at certain locations on main line track in the Northeast Rail Corridor (NEC) (as defined by 49 U.S.C. 24905(c)(1)(A)). Amtrak must immediately implement code changes to its Automatic Train Control (ATC) System to enforce the passenger train speed limit ahead of the curve at Frankford Junction in Philadelphia, PA where a fatal accident occurred on May 12, 2015, and must also develop a written action plan and post speed signs along the NEC to maintain rail safety. Amtrak must notify FRA upon installation of the required signs.

Emergency Justfication: FRA cannot reasonably comply with normal clearance procedures because the use of normal clearance procedures is reasonably likely to disrupt the collection of information. The EO takes effect immediately upon issuance. Amtrak has 20 days to provide a written action plan to FRA detailing what actions it plans to take to comply with the Order, and FRA will either approve or disapprove that plan within 15 days after Amtrak’s submission of that action plan. At a later date (to be determined), Amtrak must provide FRA with notice of the completion of its action plan items. As such, FRA cannot wait the normal period for routine Office of Management and Budget (OMB) review and approval. Under EO 31, Amtrak must immediately initiate steps to implement the Order. Also, safety is an issue in light of thee May 12, 2015, accident at Frankford Junction in Philadelphia, Pennsylvania, where eight (8) passengers were killed and more than 200 injured and in light of a similar overspeed Metro North accident that took place in 2013 where four (4) passengers were killed. FRA is, therefore, requesting OMB approval of this collection of information as soon as possible.

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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:
	80 FR 30536	05/28/2015
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
FRA Emergency Order No. 31, Notice No. 1

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ICR Summary of Burden

table that charts list 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	195	0	0	195	0	0
Annual Time Burden (Hours)	242	0	0	242	0	0
Annual Cost Burden (Dollars)	10,416	0	0	10,416	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: These are new information collection requirements. By definition, this entire submission is a program change. As stated in the Summary provided on page 1 of the attached Supporting Justification, the total number of hours that FRA is requesting by OMB for this Emergency Processing submission for the information collection associated with EO 31 is 242 hours and the total number of responses requested is 195. Further, as noted in the Summary on page 1 of the Supporting Justification, upon OMB's Emergency Clearance for 180 days, FRA will initiate necessary steps to obtain regular Clearance of this proposed information collection. As noted in the answer to question number 13 above, there are costs to Amtrak related to the wayside signage requirement. This cost totals $10,416. This too, by definitions, is a program change.

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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: 05/28/2015

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