Railworthiness Directive for Certain Tank Cars Equipped with Bottom Outlet Valve Assembly and Constructed by American Railcar Industries and ACF Industries

Forms and Documents

Document Name	Status
FRA Signed Cover Lttr RWD Emg Clr.pdf Supplementary Document	2016-10-11
Oct. 11, 2016, FR Notice (RWD EmgClearance).pdf Supplementary Document	2016-10-11
Oct. 3, 2016, FR Notice (RW Directive on FRA Web site).pdf Supplementary Document	2016-10-11
49 CFR 180.509.doc Supplementary Document	2016-10-11
49 CFR 1.89.doc Supplementary Document	2016-10-11
49 U.S.C. 20103.doc Supplementary Document	2016-10-11
drfTankCarDir.doc Supporting Statement A	2016-10-11

IC Document Collections

IC ID	Document Title	Status
223900	Railworthiness Directive for Certain Tank Cars Equipped with BOV Assembly and Constructed by ARI Industries and ACF Industries Instruction	New

ICR Details

OMB Control No: 2130-0616	ICR Reference No: 201610-2130-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: Railworthiness Directive for Certain Tank Cars Equipped with Bottom Outlet Valve Assembly and Constructed by American Railcar Industries and ACF Industries
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: 11/18/2016
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/18/2016
	Date Received in OIRA: 10/11/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2017	6 Months From Approved
Responses	44,293	0	0
Time Burden (Hours)	68,953	0	0
Cost Burden (Dollars)	1,080,000	0	0

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Abstract: The proposed collection of information will be used by FRA to ensure that tank car owners comply with the requirements of this safety directive. In particular, tank car owners must identify and inspect tank cars in their fleet manufactured by ARI or ACF Industries to the ARI or ACF 300 stub sill design and equipped with a two-piece cast sump and BOV skid and provide the reporting mark and number of each car to FRA. FRA will review these reports to verify that tank car owners are carrying out the necessary tests and inspections. FRA seeks to enhance rail safety by reducing the likelihood of tank cars carrying hazardous materials that have the stipulated design from leaking.

Emergency Justfication: FRA is requesting OMB Emergency processing/approval of this collection of information seven (7) days after publication the Emergency Clearance Federal Register Notice on October 11, 2016, see 81 FR 70256, because FRA cannot reasonably comply with normal clearance procedures on account of use of normal clearance procedures is reasonably likely to disrupt the collection of information. The Directive took effect immediately upon issuance. Under the Directive, tank car owners must take immediate action to identify, inspect, and repair certain tank cars built by American Railcar Industries, Inc. (ARI) and ACF Industries, LLC (ACF) using welding practices not in conformance with Federal regulations and Association of American Railroads (AAR) welding specifications. FRA must receive required initial reports by October 30, 2016, and subsequent status updates every 90 days thereafter. Consequently, FRA cannot wait the normal 90 days of public comment. Additionally, in light of recent tank car accidents/incidents carrying crude oil and other hazardous materials, FRA believes safety is an issue.

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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:
	81 FR 70256	10/11/2016
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
Railworthiness Directive for Certain Tank Cars Equipped with BOV Assembly and Constructed by ARI Industries and ACF Industries

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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	44,293	0	0	44,293	0	0
Annual Time Burden (Hours)	68,953	0	0	68,953	0	0
Annual Cost Burden (Dollars)	1,080,000	0	0	1,080,000	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 this document, the total number of hours that FRA is requesting for approval by OMB for this Emergency Processing submission is 68,953 hours and the total number of responses requested is 44,293. Further, as noted in the Summary on page 1 of the attached Supporting Justification, upon OMB’s Emergency Clearance for 180 days, FRA will initiate necessary steps to obtain regular Clearance of this proposed information collection. The cost of $1,080,000 to respondents is also a program change.

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Annual Cost to Federal Government: $840

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: 10/11/2016

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