March 14, 2017, FR Notice (60-Day)

Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices
Frequency of Submission: One-time.
Respondent Universe: 34 railroads.

Reporting Burden:
Average time per
response

Respondent universe

272.103—(a) Railroad submission of updated/
modified existing critical incident stress plan
(CISP) to FRA for approval.
—(b) RR CISP copy to 5 labor organizations .....
—(c)(1) Rail labor organization comment to FRA
on CISP submission.
—(2)(1) Rail labor affirmative statement to FRA
that comment copy has been served on railroad.
(e) Copy to RR employees of updated/modified
CISP.
(f) RR copy to FRA inspector upon request of
CISP.
272.105—Requirement to file CISP electronically

34 railroads ..................

34 updated/modified
plans.

16 hours .......................

544

34 railroads ..................
5 employee labor organizations.
5 employee labor organizations.

170 plan copies ............
65 comments ...............

5 minutes .....................
3 hours .........................

14
195

65 certifications ............

15 minutes ...................

16

34 railroads ..................

169,500 copies .............

5 minutes .....................

14,125

34 railroads ..................

136 plan copies ............

5 minutes .....................

11

34 railroads ..................

34 CISP electronic submissions.

5 minutes .....................

3

Authority: 44 U.S.C. 3501–3520.
Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017–05046 Filed 3–13–17; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2017–0002–N–8]

Proposed Agency Information
Collection Activity; Comment Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation.
ACTION: Notice and request for
comments.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA is
informing the public that FRA has made
three proposed revisions to the
Quarterly Positive Train Control (PTC)
Progress Report Form (Form FRA F
6180.165), which the Office of
Management and Budget (OMB)
previously approved on June 20, 2016,
under its regular processing procedures.
Before submitting this revised quarterly

SUMMARY:

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Total annual responses

Total annual
burden hours

CFR section

Total Estimated Responses: 170,004.
Total Estimated Annual Burden:
14,908 hours.
Type of Request: Regular Review of a
Currently Approved Information
Collection.
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
to, a collection of information unless it
displays a currently valid OMB control
number.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

13717

information collection request to OMB
for regular clearance and approval, FRA
is soliciting public comment on specific
aspects of the proposed information
collection identified below.
DATES: Comments must be received no
later than May 15, 2017.
ADDRESSES: Submit written comments
on the following proposed activity by
mail to either: Mr. Robert Brogan, Office
of Safety, Planning and Evaluation
Division, RRS–21, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of
Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590. Commenters
requesting FRA to acknowledge receipt
of their respective comments must
include a self-addressed stamped
postcard stating, ‘‘Comments on OMB
control number 2130–0553.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan at [email protected], or
to Ms. Toone at [email protected].
When you submit comments to FRA in
response to this notice, please refer to
the assigned OMB control number
2130–0553 and to Docket Number FRA–
2017–0002–N–8. FRA will summarize
comments received in response to this
notice in a subsequent notice and
include the comments in its information
collection submission to OMB for
approval.
Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,

FOR FURTHER INFORMATION CONTACT:

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Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION:
I. Public Comment Under the PRA
The PRA and its implementing
regulations require Federal agencies to
provide 60-days’ notice to the public for
comment on information collection
activities before seeking approval or
renewal by OMB. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on: (i) Whether the
information collection activity is
necessary for FRA to properly execute
its functions, including whether the
activity will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activity, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of the information
collection activity on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(i)–(iv); 5 CFR
1320.8(d)(1)(i)–(iv). FRA believes
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information. In
summary, FRA reasons that comments
received will advance three objectives:
(i) Reduce reporting burdens; (ii) ensure

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13718

Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices

that it organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
II. Background on the Quarterly PTC
Reporting Requirement
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. 49 U.S.C. 20157(c)(2).
Under its statutory and regulatory
investigative authorities, FRA currently
requires, and seeks to continue
requiring, each subject railroad to
submit Quarterly PTC Progress Reports
(Form FRA F 6180.165) on its PTC
system implementation progress. See 49
U.S.C. 20157(c)(2); see also 49 U.S.C.
20107, 20902; 49 CFR 236.1009(h).
Specifically, in addition to the Annual
PTC Progress Report (Form FRA F
6180.166) 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:
Coverage period
Q1:
Q2:
Q3:
Q4:

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

Due dates
for quarterly
reports
April 30. *
July 31.
October 31.
January 31.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

* Please note that FRA did not require a Q1
progress report to be submitted in April 2016.
For 2016, the Q1 and Q2 reports were both
due in the same form on July 31, 2016.

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 has determined that quarterly
reporting is necessary for FRA to
effectively monitor industry’s
implementation of PTC systems and to
meet the statutory mandate to conduct
compliance reviews at least annually to
ensure each railroad is complying with
its revised PTCIP. See 49 U.S.C.
20157(c)(2). The annual reports, which
contain five more sections than the
quarterly reports and are due by March

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31 each year under the PTCEI Act,
retrospectively describe railroads’ PTC
system implementation progress for the
entire preceding calendar year.
Importantly, the quarterly reports
provide FRA with each railroad’s realtime implementation progress in as
close to real time as possible for the
current calendar year, enabling FRA to
identify railroads that are not on track
to meet the core implementation
milestones they set in their revised
PTCIPs. FRA specifically chose
quarterly reports in lieu of the monthly
reports OMB previously approved under
OMB Control No. 2130–0553 to monitor
industry progress implementing PTC
systems, while minimizing the burden
on industry. See 81 FR 28140, May 9,
2016. The frequency of quarterly
reporting allows FRA to actively
monitor railroads’ implementation
progress and identify railroad-specific
and industry-wide roadblocks and
obstacles to full PTC system
implementation and to provide
technical assistance early enough for
such assistance to be effective. The
quarterly reports also enable FRA to
determine which railroads are at risk of
not meeting the statutory deadline for
PTC system implementation and the
multiple statutory criteria required to
obtain an extension beyond December
31, 2018, but no later than December 31,
2020, for certain non-hardware,
operational aspects of PTC system
implementation. Moreover, the
quarterly reports enable FRA to provide
the public and Congress with datadriven status reports on industry’s
progress implementing this critical, lifesaving technology four times per year.
Because of the quarterly reporting
requirement, FRA has been able to
respond to urgent requests from
members of Congress and the White
House about railroads’ up-to-date PTC
implementation progress following fatal
accidents.
Congress made it clear in the PTCEI
Act and the Fixing America’s Surface
Transportation Act that enforcement is
FRA’s main oversight tool for ensuring
each railroad implements a PTC system
consistent with its revised PTCIP and by
the new statutory deadline. 49 U.S.C.
20157(e)(1)–(4). FRA needs the quarterly
reports to conduct the compliance
reviews the PTCEI Act mandates and to
initiate well-supported enforcement
action against a delinquent railroad
when necessary. In the PTCEI Act,
Congress required each railroad to
provide detailed implementation
information in its revised PTCIP,
including end-of-year milestones for
spectrum acquisition, employee

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training, and hardware installation, with
totals separated by each major hardware
category. 49 U.S.C. 20157(a)(2)(A)(iii).
By law, each railroad must comply with
its revised PTCIP, including its end-ofyear milestones, and FRA is authorized
to assess a civil penalty for any failure
to meet those milestones. 49 U.S.C.
20157(a)(2)(D), (e)(2), 49 CFR 1.89.
By statute, railroads are required to
provide FRA with any information FRA
deems necessary to adequately conduct
its compliance reviews. See 49 U.S.C.
20157(c)(2). PTC systems are required to
be implemented on approximately
60,000 miles of the over 140,000-mile
U.S. rail network. And, while FRA will
perform random audits of PTC
implementation, FRA inspectors cannot
feasibly inspect every mile of the U.S.
rail network at different points in time
to determine where the hardware of PTC
systems, for example, has and has not
been installed and to confirm that
railroads are implementing PTC systems
as they stated they would in their
revised PTCIPs. See 49 U.S.C.
20157(a)(2)(D), (c)(2), (e). Therefore,
FRA has reasonably determined the
Quarterly PTC Progress Reports are
necessary for FRA to perform the
Congressionally-mandated compliance
reviews. And, indeed, as discussed
further below in the proposed changes
to the Quarterly PTC Progress Report
Form, Congress has implicitly agreed
with FRA’s determination this form is
necessary by requesting that FRA collect
additional information.
II. Proposed Revisions to the Quarterly
PTC Progress Report
On June 20, 2016, OMB approved the
Quarterly PTC Progress Report (Form
FRA F 6180.165) for a period of one
year, expiring on June 30, 2017. The
current Quarterly PTC Progress Report
Form, as approved through June 30,
2017, can be accessed and downloaded
in FRA’s eLibrary at: https://
www.fra.dot.gov/eLib/details/L17365.
That version of the form took into
account the Association of American
Railroads’ written comments on behalf
of itself and its member railroads; the
American Public Transportation
Association’s written comments on
behalf of Northeast Illinois Commuter
Rail System, the Utah Transit Authority,
the Tri-County Metropolitan
Transportation District of Oregon, and
the Fort Worth Transportation
Authority; and industry stakeholders’
comments during FRA’s public meeting
on April 19, 2016. FRA published
minutes from the meeting on
www.regulations.gov under Docket No.
FRA 2016–0002. For a summary of the
oral and written comments and FRA’s

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Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices
FRA and additional 30 days of public
comment to OMB while it underwent
OMB review as the PRA and its
concomitant regulations require.
Because that due date extension applied
only in 2016, FRA proposes removing
that note from page 1 of the form and
retaining the standard quarterly due
dates below:

responses to the comments, please see
81 FR 28140, May 9, 2016.
Following the 60-day public comment
period after this notice is published,
FRA will request OMB’s re-approval of
the form, with three proposed changes.
First, FRA proposes removing a now
inapplicable instruction from page 1 of
the quarterly form, which stated,
Please note that FRA did not require a Q1
progress report to be submitted in April 2016.
For 2016, the Q1 and Q2 reports are both due
in the same form on July 31, 2016.

Due dates
for quarterly
reports

Coverage period
Q1:
Q2:
Q3:
Q4:

FRA delayed the due date for
submitting the first 2016 quarterly
report to allow time for the normal 60
days of notice and public comment to

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

April 30.
July 31.
October 31.
January 31.

13719

In addition, FRA proposes making the
following two changes to Section 1 of
the form (Summary Section) to clarify
the section and respond to a
Congressional request that FRA collect
certain additional information:
(i) To ensure clarity and consistent
interpretations by respondents, FRA
proposes adding instructions to the
existing Summary Section row entitled,
‘‘Route Miles in Testing or Revenue
Service Demonstration,’’ as a footnote.
The current Summary Section in the
Quarterly PTC Progress Report requires
railroads to provide the following
information:
Cumulative
quantity
completed to
date

Category

Total quantity
required for PTC
implementation

Locomotives Fully Equipped and PTC Operable.
Installation/Track Segments Completed.
Radio Towers Fully Installed and Equipped.
Employees Trained.
Route Miles in Testing or Revenue Service Demonstration.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Route Miles in PTC Operation.

In the Summary Section of the
Quarterly PTC Progress Reports
railroads have submitted to date, some
railroads have improperly listed the
same number of miles in the ‘‘Route
Miles in Testing or Revenue Service
Demonstration’’ and ‘‘Route Miles in
PTC Operation’’ fields, under the
heading ‘‘Cumulative Quantity
Completed to Date.’’ This makes it
impossible for FRA to know if the
railroad is indeed still conducting PTC
testing (i.e., field testing or Revenue
Service Demonstration) on those route
miles or if the railroad is operating the
PTC system in revenue service on those
route miles, which prevents FRA from
compiling data in its database and using
it for the statutorily mandated
compliance reviews. To clarify the
scope of those two rows and simplify
the reporting process, FRA proposes
adding the following explanatory
instructions as a footnote to the row
entitled, ‘‘Route Miles in Testing or
Revenue Service Demonstration’’:
Enter the cumulative number of route
miles where PTC technology is currently
undergoing field testing or Revenue Service
Demonstration. Railroads must only identify
in the ‘‘Route Miles in Testing or Revenue
Service Demonstration’’ field any route miles
that are still currently undergoing PTC field
testing or Revenue Service Demonstration

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(e.g., in a case where FRA granted a railroad
provisional revenue service operations
authorization for only a portion of its
network but the railroad is still conducting
field testing or Revenue Service
Demonstration elsewhere in its network).
Once a railroad has received written
authorization from FRA to operate its PTC
system in revenue service (through either
provisional operations authorization under
49 U.S.C. 20157(h)(2) or PTC System
Certification under 49 U.S.C. 20157(h)(1)),
the railroad must identify any miles where a
PTC system is being operated in revenue
service in the ‘‘Route Miles in PTC
Operation’’ field. If a railroad is operating the
PTC system in revenue service and has
completed all field testing and Revenue
Service Demonstration, it may write
‘‘Complete’’ in the ‘‘Route Miles in Testing or
Revenue Service Demonstration’’ fields.

(ii) In September 2016, when
reviewing data collected in the OMBapproved Quarterly PTC Progress Report
(Form FRA F 6180.165), staffers from
the United States Senate Committee on
Commerce, Science, and Transportation
requested that FRA also collect
information to directly show each
railroad’s progress towards completing
the revenue service demonstration
(RSD) criteria under 49 U.S.C.
20157(a)(3)(B)(vi)–(vii). Specifically, to
receive an extension beyond December
31, 2018, but no later than December 31,
2020, for certain non-hardware,

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operational aspects of PTC system
implementation, a railroad must
complete each of the statutory
prerequisites under 49 U.S.C.
20157(a)(3)(B), including one
prerequisite that differs depending on
whether a railroad is or is not a Class
I railroad or Amtrak. 49 U.S.C.
20157(a)(3)(B)(vi)–(vii). For Class I
railroads and Amtrak, one of the
statutory prerequisites is that the
railroad must have ‘‘implemented a
[PTC] system or initiated [RSD] on the
majority of territories, such as
subdivisions or districts, or route miles’’
the railroad owns or controls that are
required to have operations governed by
a PTC system. 49 U.S.C.
20157(a)(3)(B)(vi). For other railroads or
entities that are not Class I railroads or
Amtrak, one of the statutory
prerequisites is that the entity must
have initiated RSD on at least 1 territory
required to have PTC-governed
operations, or met any other criteria
FRA established. 49 U.S.C.
20157(a)(3)(B)(vii). To be clear, by law,
Congress authorizes FRA to establish
alternative RSD criteria only for entities
that are not Class I railroads or Amtrak.
Id. At this time, FRA has established
alternative RSD criteria for only one
commuter railroad.

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Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

The Summary Section in the current
Quarterly PTC Progress Report,
approved through June 30, 2017, asks
railroads to report route miles in
‘‘Testing or Revenue Service
Demonstration.’’ However, that does not
directly indicate whether or not the
railroad has satisfied the above criteria
because, for example, those route miles
might refer to a combination of route
miles in field testing and route miles in
RSD, and also it does not provide any
information about the number of
territories where the railroad has
initiated RSD and how many territories
are required to have operations
governed by a PTC system. Similarly,
the drop-down menu in Section 4
regarding the overall current status of
track segments has a ‘‘Testing’’ option,
which provides only an overview of
whether that railroad is currently doing
either field testing or RSD in the track
segment, but does not differentiate
between field testing and RSD, as there
might be various stages of testing
occurring in a particular track segment.
Rather than substantially changing the
existing Summary Section and Section 4
of the form, and thus requiring railroads

to deviate from the procedures and
formulas they already have in place for
quarterly reporting, FRA proposes
simply adding one new row to the
Summary Section and leaving the rest of
the form and fields unchanged.
Specifically, to address the request
from Congressional staffers, FRA
proposes adding a new row in the
Summary Section entitled, ‘‘Territories
Where Revenue Service Demonstration
Has Been Initiated.’’ The table headings,
‘‘Cumulative Quantity Completed to
Date’’ and ‘‘Total Quantity Required for
PTC Implementation’’ would remain in
place in the Summary Section. FRA
proposes adding a footnote after the
word ‘‘Territories’’ in the new row to
define a territory as ‘‘an entire
installation/track segment as identified
in the railroad’s PTCIP (e.g., a track
segment, territory, subdivision, district,
etc.),’’ consistent with 49 U.S.C.
20157(a)(3)(B)(vi), 49 CFR part 236,
subpart I, and other footnotes in the
quarterly form. FRA estimates the
additional burden for this new row
would be approximately thirty minutes
on average for Class I, Class II, large
passenger, and medium passenger

railroads and approximately fifteen
minutes on average for Class III,
terminal, and small passenger railroads.
The burden is low because it is a highlevel question that would require a
railroad to state only the number of
territories where it has initiated RSD
and the number of territories required to
have operations governed by a PTC
system, both of which are readily
known by and available to respondent
railroads.
III. Overview of Information Collection
The associated collection of
information is summarized below. FRA
will submit this information collection
request to OMB for regular clearance as
required by the PRA.
Title: Quarterly Positive Train Control
Progress Report.
OMB Control Number: 2130–0553.
Form Number(s): FRA F 6180.165.
Affected Public: Businesses.
Frequency of Submission: On
occasion.
Respondent Universe: 41 Railroad
Carriers.
Reporting Burden:

Quarterly PTC progress report

Respondent universe

Total annual responses

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

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

164 Reports/Forms ..........

FRA notes that the 21.60-hour
estimate is an average for all railroads.
FRA estimated the quarterly reporting
burden is approximately 40.5 hours for
the 11 Class I and large passenger
railroads per quarterly form,
approximately 27.5 hours for the 11
Class II and medium passenger railroads
per quarterly form, and approximately
7.25 hours for the 19 Class III, terminal,
and small passenger railroads per
quarterly form.
Total Estimated Annual Responses for
Form FRA F 6180.165: 164.
Total Estimated Annual Burden for
Form FRA F 6180.165: 3,543 hours.
Total Estimated Annual Responses for
Entire Information Collection: 147,776.
Total Estimated Annual Burden for
Entire Information Collection:
3,126,102.
Status: Regular Review.
Under 44 U.S.C. 3507(a) and 5 CFR
1320.5(b), FRA informs all interested
parties that it may not conduct or
sponsor, and a respondent is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Under 5 CFR 1320.8(b)(3)(vi), FRA
informs all interested parties that this

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17:42 Mar 13, 2017

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proposed collection of information is
mandatory under 49 U.S.C. 20157(c)(2).
Authority: 44 U.S.C. 3501 through 3520, 49
U.S.C. 20157(c)(2).
Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017–05054 Filed 3–13–17; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2017–0002–N–10]

Approved Agency Information
Collection Activities
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of Office of Management
and Budget (OMB) approvals.
AGENCY:

This notice announces OMB
approved new information collection
requests (ICRs) for 49 CFR parts 223,
228, 232, 234, 237, 238, and 270, under
the Paperwork Reduction Act of 1995
(PRA). FRA also announces OMB reapproved other ICRs for 49 CFR parts

SUMMARY:

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Average time
per response
(hours)
21.60

Total annual
burden hours
3,543

207, 209, 210, 212, 214, 215, 216, 218,
219, 221, 222, 223, 225, 227, 228, 229,
230, 232, 233, 235, 236, 238, 241, and
242, and related to other regulatory
activities. Further, OMB reinstated two
ICRs for 49 CFR parts 215 and 234, and
approved one ICR under Emergency
Processing procedures.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 25, Washington,
DC 20590 (telephone: (202) 493–6292)
or Ms. Kim Toone, Information
Collection Clearance Officer, Office of
Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Avenue SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll free.)
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to ensure
information collections display OMB
control numbers. In the past 25 months,
OMB approved the following new FRA

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