OMB is returning this ICR as improperly submitted due to aspects related to the quarterly report, which does not meet the PRA's criteria for emergency processing. More specifically, FRA incorrectly submitted the quarterly report with this ICR before the 60 day public comment period expired. FRA also incorrectly included information in a guidance letter about the quarterly report that is still subject to public comment and possible change. Finally, the supporting statement for this ICR incorrectly states that FRA is seeking OMB approval of the quarterly report as part of this ICR, instead of as part of a subsequent ICR after the public comment process for the quarterly has taken place.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
07/31/2016
6 Months From Approved
07/31/2016
147,571
0
147,571
3,120,984
0
3,120,984
0
0
0
The information collected is used to ensure new or novel signal and train control technologies meet proposed performance standards and work as intended in the U.S. rail environment. FRA is requesting OMB approval for two new agency forms to track railroads progress in implementing Positive Train Control (PTC) on their systems by December 31, 2018. Under the Positive Train Control Enforcement and Implementation Act of 2015 (PTCEI Act), each railroad subject to 49 U.S.C. § 20157(a) must submit an annual progress report to FRA by March 31, 2016, and annually thereafter, until PTC implementation is complete. FRA is authorized to collect additional information as well.
FRA is requesting Emergency processing approval five (5) business days after publication of the required Notice in the Federal Register on March 7, 2016, see 81 FR 11878, for new Form FRA F 6180.166 (Annual PTC Progress Report) because FRA cannot reasonably comply with normal clearance procedures since they would be reasonably likely to disrupt the collection of information. Under the Positive Train Control Enforcement and Implementation Act of 2015 (PTCEI Act), each railroad subject to 49 U.S.C. § 20157(a) must submit an annual progress report to FRA by March 31, 2016, and annually thereafter, until PTC implementation is complete. 49 U.S.C. § 20157(c)(1). The amended statute specifically requires each railroad to provide certain information in the annual reports (new Form FRA F 6180.166) regarding its progress toward implementing PTC, and authorizes FRA to request that railroads provide additional information in the annual progress reports. See id. The annual progress report will chronicle all implementation progress for the previous calendar year. Therefore, FRA is seeking OMB approval for new Form FRA F 6180.166 on or before March 14, 2016.
US Code:
49 USC 20157
Name of Law: Implementation of Positive Train Control Systems
PL: Pub.L. 114 - 73 1302 Name of Law: Surface Transportation Extension Act of 2015
Total burden for this information collection submission has increased by 1,833 hours from the last approved submission. The change in burden is due solely to program changes resulting from proposed new Form FRA F 6180.165, Quarterly PTC Progress Report, and proposed new Form FRA F 6180.166, Annual PTC Progress Report. The table provided in the answer to question number 15 of attached Supporting Justification fully delineates the two program changes.
Program changes depicted in the provided table increased the burden amount by 1,833 hours, and increased the number of responses by 205.
The correct current inventory exhibits a burden total of 3,120,984 hours, while the present submission reflects a burden total of 3,122,817 hours. Hence, there is a total burden increase of 1,833 hours.
There is no change in cost to respondents from the last approved submission
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.
Form FRA F 6180.164 Postive Train Control
Mar. 7, 2016, FR Notice (Joint Notice).pdf
SA Quarterly and Annual PTC Progress Reports Letter (Clean 2-16-16).doc
Postive Train Control