May 9, 2016, FR Notice (30-Day)

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FMCSA–1999–6480; FMCSA–2000–
7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0303; FMCSA–
2010–0050; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0040; FMCSA–2012–0104; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–
0004; FMCSA–2014–0005 and click the
search button. When the new screen
appears, click on the blue ‘‘Comment
Now!’’ button on the right hand side of
the page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final rule at
any time after the close of the comment
period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to http://www.regulations.gov and in
the search box insert the docket number
FMCSA–1999–6480; FMCSA–2000–
7363; FMCSA–2004–17195; FMCSA–
2005–23099; FMCSA–2007–0071;
FMCSA–2009–0011; FMCSA–2009–
0291; FMCSA–2009–0303; FMCSA–
2010–0050; FMCSA–2011–0379;
FMCSA–2011–0380; FMCSA–2012–
0040; FMCSA–2012–0104; FMCSA–
2013–0174; FMCSA–2014–0002;
FMCSA–2014–0003; FMCSA–2014–

0004; FMCSA–2014–0005 and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to this notice.
Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–10797 Filed 5–6–16; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

SUPPLEMENTARY INFORMATION:

[Docket No. FRA–2016–0002–N–13]

I. Background

Agency Request for Regular
Processing of Collection of
Information by the Office of
Management and Budget

Under 49 U.S.C. 20157, as amended
by the Positive Train Control
Enforcement and Implementation Act of
2015 (PTCEI Act), FRA must conduct
compliance reviews, at least annually,
to ensure each railroad is complying
with its revised PTC implementation
plan (PTCIP). The PTCEI Act requires
railroads to provide information to FRA
that FRA determines is necessary to
adequately conduct such compliance
reviews. See 49 U.S.C. 20157(c)(2).
To effectively monitor industry’s
implementation of PTC systems, FRA is
proposing to require each subject
railroad to submit quarterly reports on
its implementation progress, in addition
to the annual progress reports the PTCEI
Act mandated, under FRA’s statutory
and regulatory investigative authorities.
See 49 U.S.C. 20157(c)(2); see also 49
U.S.C. 20107, 20902; 49 CFR
236.1009(h). Specifically, FRA is
proposing that, in addition to the annual
report due each March 31 under 49
U.S.C. 20157(c)(1), railroads must
provide quarterly progress reports
covering the preceding three-month
period and submit the forms to FRA on
the dates in the following table until full
PTC system implementation is
completed:

Federal Railroad
Administration (FRA), United States
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:

Consistent with the
Paperwork Reduction Act of 1995 (PRA)
and its implementing regulations, this
document provides notice that FRA is
submitting the following Information
Collection Request (ICR) to the Office of
Management and Budget (OMB) to
collect information on railroads’
implementation of positive train control
(PTC) systems on a quarterly form. FRA
requests regular processing and OMB
authorization to collect the information
on the quarterly form identified below
30 days after publication of this notice
for a period of three years.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with any public
applicable supporting documentation,
may be obtained by calling FRA’s Office
of Safety Information Collection
Clearance Officer, Robert Brogan at
(202) 493–6292, or FRA’s Office of
Administration Information Collection
SUMMARY:

Coverage period

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Q1
Q2
Q3
Q4

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.................................
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Due dates for quarterly reports

January 1–March 31 ...........................................................
April 1–June 30 ...................................................................
July 1–September 30 ..........................................................
October 1—December 31 ...................................................

FRA delayed the due date for submitting
the first quarterly report to allow time
for the normal 60 days of notice and
public comment to FRA, and the
additional 30 days of public comment to
OMB while the submission undergoes
OMB review as required under the PRA
and its concomitant regulations. See 44
U.S.C. 3501–3520; 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a).

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Clearance Officer, Kimberly Toone at
(202) 493–6132; these numbers are not
toll-free; or by contacting Mr. Brogan via
facsimile at (202) 493–6216 or Ms.
Toone via facsimile at (202) 493–6497,
or via email by contacting Mr. Brogan at
[email protected], or by contacting
Ms. Toone at [email protected].
Comments or questions about any
aspect of this ICR should be directed to
OMB’s Office of Information and
Regulatory Affairs, Attn: FRA OMB
Desk Officer.

June 30, 2016, and each April 30 thereafter.
July 31.
October 31.
January 31.

FRA is proposing that each railroad
must submit its quarterly progress
reports on Form FRA F 6180.165 using
FRA’s Secure Information Repository
(SIR) at https://sir.fra.dot.gov. FRA is
proposing to let the less detailed
monthly reporting that it currently
requires (approved under OMB No.
2130–0553) expire in June 2016 when
railroads would be required to begin
providing the quarterly progress reports.

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II. Public Participation
On March 7, 2016, FRA published a
notice in the Federal Register seeking
public comment on the proposed
Quarterly PTC Progress Report Form. 81
FR 11878, Mar. 7, 2016. By letter dated
April 12, 2016, the Association of
American Railroads (AAR) submitted
comments on behalf of itself and its
member railroads. By letter and email

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responses dated April 12, 2016, the
American Public Transportation
Association (APTA) provided comments
from Metra, the Utah Transit Authority,
the Tri-County Metropolitan
Transportation District of Oregon, and
the Fort Worth Transportation
Authority.
On April 19, 2016, FRA held a
meeting on the proposed Quarterly PTC
Progress Report Form to offer the
affected regulated entities a forum to
provide additional comments and
feedback to FRA. Representatives from,
and members of, AAR, APTA, and the
American Short Line and Regional
Railroad Association (ASLRRA)
attended the meeting. FRA will publish
minutes from the meeting in the docket
as soon as practicable.
FRA received the following
summarized comments on the version of
the Quarterly PTC Progress Report that
FRA proposed on March 7, 2016. 81 FR
11878. FRA has modified the proposed
form based on the industry’s comments
and requests for clarification in those
comments and in the meeting discussed
above. The revised form that FRA will
submit to OMB for review and approval
is attached to this notice.
A. Comments on Section 1—Summary
AAR commented that the column
heading ‘‘Quantity Completed As of
Applicable Quarter’’ in the summary
section was unclear and asked FRA to
clarify whether that column refers to the
quantity completed for the year as of the
end of the quarter or just the quantity
completed during the particular quarter.
In response, FRA modified the heading
to read ‘‘Cumulative Quantity
Completed to Date’’ to clarify that FRA
wants each railroad to provide a
running cumulative total in the highlevel summary table.
At the public meeting, CSX
Transportation, Inc. (CSX) asked
whether the row ‘‘Locomotives Fully
Equipped’’ refers to locomotives with all
necessary hardware installed or to
locomotives with all necessary
hardware installed that are mission
capable and could begin operating in
PTC service. FRA added the words ‘‘and
PTC operable’’ to clarify its intent.
Additionally, FRA eliminated the
rows ‘‘Back Office Locations Completely
Installed and Fully Operable’’ and
‘‘Dispatching Locations Completely
Installed and Fully Operable’’ from the
summary section, as AAR requested.
Because several commenters
requested FRA to make the Quarterly
PTC Progress Report consistent with the
Annual PTC Progress Report FRA
published (see https://www.fra.dot.gov/
eLib/details/L17366) as much as

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possible (where the questions overlap),
FRA also added a comment box to the
summary section and quantitative rows
entitled ‘‘Route Miles in Testing or
Revenue Service Demonstration’’ and
‘‘Route Miles in PTC Operation.’’
B. Comments on Section 2—Quarterly
Update on Spectrum
Based on AAR’s and ASLRRA’s
comments at the public meeting that
spectrum is difficult to quantify in the
manner requested in the proposed form,
FRA modified the quarterly form so a
railroad can simply identify a spectrum
coverage area and select from a
dropdown menu the applicable status:
Not acquired/not available for use;
acquired but not available for use; or
acquired and available for use.
AAR asked FRA to clarify whether the
section on spectrum is asking for a
report about only the spectrum coverage
missing and left to acquire or about all
spectrum coverage. FRA clarified at the
public meeting and in the soon-to-beposted meeting minutes that a railroad
should base its progress report on the
information it provided in its revised
PTCIP. The PTCEI Act required each
railroad to identify in its revised PTCIP
the calendar year(s) when spectrum will
be acquired and will be available for use
in each area as needed for PTC
implementation, if such spectrum was
not already acquired and available for
use. 49 U.S.C. 20157(a)(2)(A)(iii)(I). To
make the form clearer, FRA added a
footnote to the spectrum table,
explaining that if the railroad reported
in its revised PTCIP it had acquired all
necessary spectrum and it was available
for use, or the railroad’s technology does
not require the use of spectrum, the
railroad should indicate ‘‘N/A’’ in this
table.
Based on AAR’s request, FRA also
added a comment box to the spectrum
section so railroads can provide
additional information or explanation.
C. Comments on Section 3—Quarterly
Update on Major Installations
AAR, CSX, and Metra commented
that FRA should delete the row entitled
‘‘Software for Train Management and
Other Applications’’ from the table in
Section 3 because software installation
is not readily quantifiable. AAR
specifically commented that ‘‘PTC
software is versioned repeatedly over
the course of the year with each release
of defect remediation and improved
functionality.’’ Based on these concerns,
FRA deleted the quantitative category
for software installation and instead
added a comment box for software,
specifically requesting each railroad to
‘‘describe (1) the railroad’s approach to

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installation of PTC software on its
locomotive fleet, and (2) any issues the
railroad is experiencing with installed
versions of train management software
(e.g., reverting back to previous software
versions due to errors in the current
version).’’
With respect to the locomotive
hardware installation table in Section 3,
AAR commented that the ‘‘number of
antennas, event recorders, displays, and
other components [including GPS
receivers] tells the FRA nothing relevant
about how close that railroad is to
adding mission-capable locomotives to
its fleet.’’ Balancing FRA’s need to
monitor railroads’ incremental
implementation progress with the
railroads’ request that FRA reduce the
reporting burden, FRA decided to
modify the form by deleting the
categories regarding antennas, GPS
receivers, and secondary
communications equipment. Moreover,
FRA modified the row titles to clarify
that a railroad should be reporting in
terms of locomotives—for example, the
railroad would report the quantity of
locomotives with PTC displays
installed, not the quantity of PTC
displays installed.
The Utah Transit Authority
commented that the progress report is
geared only towards railroads installing
the Interoperable Electronic Train
Management System (I–ETMS) and,
thus, it is difficult to reflect Utah Transit
Authority’s own progress implementing
a PTC system because it states ‘‘N/A’’
for numerous categories, including
spectrum, wayside interface units, and
communication towers. FRA notes the
PTCEI Act requires quantitative
reporting for spectrum and these
hardware categories. See 49 U.S.C.
20157(a)(2)(A)(iii)(III), (c)(1)(B), and (i).
FRA added a general instruction to the
cover page to clarify that railroads may
indeed denote a section is not
applicable if the particular hardware
category does not apply to its
technology. In footnotes 2 and 4 in the
form, FRA also clarified that a railroad
may elect to add categories or
subcategories to the reporting form if it
wants to provide more detail. Moreover,
cognizant that each type of PTC system
uses different hardware equipment, FRA
chose to include ‘‘Transponder
Readers’’ in the locomotive apparatus
table in Section 3, which is a type of
hardware used in non-I–ETMS types of
PTC systems. Despite Utah Transit
Authority’s suggestion, FRA will not
create a different progress report for
each type of PTC system because there
is not a definite number of PTC systems,
various railroads may even implement a
specific type of PTC system in different

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ways, and multiple reporting forms
would be difficult to manage
administratively.
The Fort Worth Transportation
Authority commented the quantities of
back office locations and dispatching
locations installed should be only an
annual, not quarterly, reporting
requirement because these are large and
complex installations that may take
many months or years to build. More
generally, BNSF and ASLRRA
commented that neither back office
locations nor ‘‘physical back office
system equipment’’ (the statutory term)
are possible to quantify in a meaningful
way because most railroads have only
one back office. Based on railroads’
annual progress reports, however, FRA
knows of at least one Class I railroad
and one large passenger railroad that
have more than one back office for PTC
operations. To simplify the reporting
burden, FRA has deleted the multifaceted quantitative table regarding back
office and dispatching locations and
instead provided a series of more direct
quantitative questions—i.e., ‘‘How many
physical back office locations are
required for PTC operations, as reported
in the PTCIP?’’ and ‘‘How many
physical back office locations have been
constructed with all necessary
equipment installed?’’. Moreover, FRA
is asking the same yes/no questions that
it asked in the annual progress report—
i.e., ‘‘Are the Back Office Location(s)
fully operable with PTC?’’ and ‘‘Are the
Dispatching Location(s) fully operable
with PTC?’’. And, FRA added a
comment box for more information or
explanation.
With respect to the Infrastructure—
Wayside Installations table in Section 3,
AAR commented that FRA should
measure the hardware installation
quantities system-wide, not by track
segment, to reflect the railroad’s
implementation status more accurately.
As requested, FRA modified this table to
be system-wide, significantly reducing
the reporting burden for railroads. In
addition, FRA eliminated the
quantitative questions regarding ground
wiring and modified the row to ask only
a yes/no question as in the annual
progress report.
Finally, AAR commented that the
‘‘Year-to-Date Cumulative Total’’ is
unclear because it could mean either the
sum of the current year’s progress or a
cumulative for all prior years. To
resolve the ambiguity, FRA modified the
heading to instead state ‘‘Sum of
Quarterly Totals’’ so railroads know that
the column calls for the sum of the
current year’s progress. Also, for
consistency with the annual progress
report form, FRA added a ‘‘Cumulative

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Quantity Installed’’ column for the
tables in Section 3.

column to the table in Section 5 and
provided a comment box.

D. Comments on Section 4—
Installation/Track Segment Progress
AAR commented that FRA should
add a ‘‘status’’ column for each row in
Section 3 and eliminate the redundancy
of Section 4. AAR believes the
information could be better organized in
one table and thus avoid the need for
cross-referencing between the two tables
during the review process. However, at
the public meeting, AAR acknowledged
the preferred modification would be for
FRA to eliminate the track segment
granularity from Section 3 and leave
Section 4 as is. Accordingly, FRA
removed the track-segment by tracksegment aspect of Section 3, and did not
modify Section 4.
Metra commented that, due to limited
funding, it does not intend to create
Geographic Information System (GIS)
shapefiles to support the information
request in Section 4 of the form, which
stated ‘‘For all live segments, please
provide GIS shapefile or corresponding
data for segments put into operation.’’
Instead, Metra commented that it could
provide the geographic information in
table format. FRA has decided to
eliminate this particular reporting
requirement from the quarterly form. In
the annual progress report, FRA intends
to clarify that a railroad can provide, for
track segments that are operational and
complete only, either GIS shapefiles or
updated, geographical information
sufficiently specific to allow FRA to
maintain its GIS Database.

F. Comments on Section 6—Quarterly
Update on Interoperability Progress
No comments were received on the
interoperability section of the quarterly
progress report form. However, FRA
notes it modified this section to align
with the revisions it made to this
corresponding section in the annual
progress report.

E. Comments on Section 5—Quarterly
Update on Employee Training
Metra and AAR commented that the
categories in the employee training
section should align with the categories
in 49 CFR 236.1041. Accordingly, FRA
modified the employee categories in the
quarterly form to correspond with the
regulations, just as it did in the annual
form, based on AAR’s similar comment.
The Fort Worth Transportation
Authority also commented that railroads
should have to provide employee
training updates only annually, not
quarterly, and BNSF commented it is
difficult to accurately quantify
employee training due to hiring, firing,
retiring, and so forth. Although FRA
acknowledges there might be a certain
level of fluidity to employee training,
FRA will nonetheless continue to ask
for a quantitative update for employee
training consistent with the railroad’s
revised PTCIP.
For consistency with the annual
progress report form, FRA added a
‘‘Cumulative # of Employees Trained’’

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G. Comments on Burden Estimate,
Applicability, and Formatting
AAR commented that its member
railroads estimate it will take
approximately 40 hours to complete the
quarterly progress report form, as
opposed to the 1.5 hours that FRA
estimated. FRA notes that the 1.57-hour
estimate is an average for all railroads.
FRA estimated that the quarterly
reporting burden is 3 hours for Class I
and large passenger railroads, 2 hours
for Class II and medium passenger
railroads, and .5 hours for Class III,
terminal, and small passenger railroads.
These estimates take into account that
railroads have already completed and
provided to FRA the Annual PTC
Progress Report, which requests similar
types of information as the form for the
Quarterly PTC Progress Report, but with
more sections. FRA maintains that the
average reporting burden for the
quarterly form is 1.57 hours, especially
as FRA has eliminated portions of the
quarterly form initially proposed on
March 7, 2016. 81 FR 11878.
Both ASLRRA and the Tri-County
Metropolitan Transportation District of
Oregon requested clarification about
whether only host railroads must submit
the quarterly progress reports or
whether the reporting requirement also
applies to tenant railroads. FRA notes
that the annual reporting the PTCEI Act
mandated applies to any entity subject
to 49 U.S.C. 20157(a), and the scope of
this quarterly reporting is the same. A
tenant railroad may coordinate with its
host railroad to ensure the host railroad
captures the tenant railroad’s
implementation progress in its progress
reports.
Once OMB approves this information
collection, FRA will provide the
Quarterly PTC Progress Report Form to
railroads in fillable PDF and Excel
formats, which would be available for
download on https://www.fra.dot.gov/
eLib/details/L17365. For purposes of
internal data tracking and analysis, FRA
requests that each railroad submit its
report in the native format—i.e., if the
railroad uses the FRA-provided Excel
document, the railroad should submit
the report in Excel format. FRA has

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provided the industry with prototypes
of each format, and the public may
submit comments on formatting
preferences to OMB’s Office of

Information and Regulatory Affairs
(Attn: FRA OMB Desk Officer).
III. Overview of Information Collection
The associated collection of
information is summarized below.

Quarterly PTC progress report

Respondent universe

Total annual
responses

Average time per
response

Form FRA F 6180.165 ...................................

41 Railroads ...............

164 Reports/Forms ....

1.573 hours ................

Form Number: FRA F 6180.165.
Respondent Universe: 41 Railroads.
Frequency of Submission: On
occasion.
Total Estimated Responses for New
Quarterly PTC Progress Report Form:
164.
Total Estimated Responses for Entire
Information Collection: 147,776.

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Title: Quarterly Positive Train Control
Progress Report Form.
Reporting Burden:

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Total Estimated Annual Burden for
New PTC Quarterly Progress Report
Forms: 258 hours.
Total Estimated Burden for Entire
Information Collection: 3,122,817.
Status: Regular Review.
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

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Total annual burden
hours
258 hours

to, a collection of information unless it
displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520, 49 U.S.C.
20157(c)(2); see also 49 U.S.C. 20107, 20902;
49 CFR 236.1009(h).
Issued in Washington, DC, on April 29,
2016.
Corey Hill,
Executive Director.

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Key Dotes for I'TC Implementation Quartorly Procress Reportinc:

Nome of Railroad or Entity SUbject to 49 U.S.C. § 201!i7{oj:
Railroad Corle:
Quartorly I'TC Pragi'I!SS Report lor:

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Dote:

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3. Quarterly Update on Major Installations

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Infrastructure/Back Office Status

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4. Installation/Track Segment Progress- Current Status 5

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6. Quarterly Update on lnteroperabilfty Progress and Other Formal Agreements

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09MYN1

EN09MY16.305

mstockstill on DSK3G9T082PROD with NOTICES

BILLING CODE 4910–06–P