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.
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.
US Code:
49
USC 20103 Name of Law: Federal Railroad Safety Act of 1970
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.
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:
(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;
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.
drfEO31.doc
EO 31 ICR Emergency Processing Cover Letter.pdf
FRA Emergency Order No. 31, Notice No. 1