May 30, 2017, FR Notice (30-Day)

Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meeting; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier
Registration Plan board of directors
meeting.
AGENCY:

The meeting will be held
on June 7, 2017, from 8:00 a.m. to 12:00
Noon, Mountain Daylight Time.
PLACE: The meetings will be open to the
public at the Drury Plaza Hotel, 828
Paseo de Peralta, Santa Fe, NM 87501,
and via conference call. Those not
attending the meeting in person may
call 1–877–422–1931, passcode
2855443940, to listen and participate in
the meeting.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
TIME AND DATE:

Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.

FOR FURTHER INFORMATION CONTACT:

Issued on: May 24, 2017.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2017–11179 Filed 5–25–17; 11:15 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2017–0002–N–18]

Agency Request for Regular
Processing of Collection of
Information by the Office of
Management and Budget
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.

sradovich on DSK3GMQ082PROD with NOTICES

AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this
document provides notice that FRA is
submitting an Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) to

SUMMARY:

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collect information on railroads’
implementation of positive train control
(PTC) systems on a quarterly form
entitled the Quarterly PTC Progress
Report Form (Form FRA F 6180.165).
On June 20, 2016, following the
required notice and comment period,
including a public meeting with
industry stakeholders, OMB approved
the Quarterly PTC Progress Report Form
(Form FRA F 6180.165) for a period of
12 months, expiring June 30, 2017. After
OMB’s initial approval, FRA made three
minor modifications to Form FRA F
6180.165, as described below. FRA
sought public comment on the proposed
revisions during a period of 60 days,
ending May 15, 2017. FRA requests
regular processing and OMB
authorization for 3 years to collect the
information on revised Form FRA F
6180.165, as identified below, beginning
30 days after publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Railroad Safety,
Planning and Evaluation Division, RRS–
21, FRA, 1200 New Jersey Avenue SE.,
Mail Stop 17, Washington, DC 20590
(telephone: (202) 493–6292) or Ms.
Kimberly Toone, Office of Information
Technology, RAD–20, FRA, 1200 New
Jersey Avenue SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). These telephone numbers
are not toll-free. 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.
SUPPLEMENTARY INFORMATION:
I. Public Participation
On March 14, 2017, FRA published a
notice in the Federal Register seeking
public comment on proposed revisions
to its Quarterly PTC Progress Report
Form (Form FRA F 6180.165 or Form).
82 FR 13717. The PRA and its
implementing regulations require
Federal agencies to provide 60-days’
notice to the public to solicit comment
on information collection activities
before seeking OMB’s approval,
reinstatement, or renewal of those
activities. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1), 1320.10(e)(1),
1320.12(a). The comment period closed
on May 15, 2017. FRA did not receive
any comments in response to its March
14, 2017 notice.
II. Background on the Quarterly PTC
Reporting Requirement
The Positive Train Control
Enforcement and Implementation Act of
2015 (PTCEI Act) requires FRA to
conduct compliance reviews at least
annually to ensure each railroad subject

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to the statutory mandate to implement
a positive train control (PTC) system is
complying with its Revised PTC
Implementation Plan (PTCIP). 49 U.S.C.
20157(c)(2). To enable FRA to meet this
statutory mandate, 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 railroad subject to the
PTC system mandate 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; 49
CFR 236.1009(h); 49 CFR 1.89.
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 PTC Progress Reports
covering the preceding three-month
period and submit the completed 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.

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) are due by March 31
each year under the PTCEI Act and
retrospectively describe railroads’ PTC
system implementation progress for the
entire preceding calendar year. The
quarterly reports, on the other hand,
show FRA individual railroad’s PTC
system implementation progress in as
close to real time as possible for the
current calendar year, enabling FRA to
identify railroads not on track to meet
the core implementation milestones
they set in their Revised PTCIPs. FRA
specifically chose quarterly reports in

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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

lieu of the monthly reports, which OMB
previously approved under OMB
Control No. 2130–0553 to monitor
industry progress implementing PTC
systems, to minimize the burden on
industry. See 81 FR 28140 (May 9,
2016). The structure of the quarterly
report form enables railroads to
complete the more comprehensive
Annual PTC Progress Reports (Form
FRA F 6180.166) in a clear and efficient
manner. 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 FRA approval of a deadline
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 data-driven status reports on
industry’s progress implementing this
critical, life-saving 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
system implementation progress
following certain 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 subject to the PTC system
statutory mandate 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, when necessary, to
initiate well-supported enforcement
action against a railroad. In the PTCEI
Act, Congress required each railroad to
provide detailed implementation
information in its Revised PTCIP,
including milestones for spectrum
acquisition, employee training, and
hardware installation, with totals
separated by each major hardware

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category. 49 U.S.C. 20157(a)(2)(A)(iii).
The PTCEI Act requires each railroad to
comply with its Revised PTCIP,
including its 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 over 60,000 miles of
the 140,000-mile U.S. rail network. And,
while FRA will perform random audits
of PTC system 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 individual railroads are
implementing PTC systems as each
stated it would in its statutorilymandated revised PTCIP. See 49 U.S.C.
20157(a)(2)(D), (c)(2), (e). Therefore,
FRA has reasonably determined that
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.
The approved quarterly form took into
account the Association of American
Railroads’ (AAR) written comments on
behalf of itself and its member railroads;
the American Public Transportation
Association’s (APTA) written comments
on behalf of Northeast Illinois
Commuter Rail System (Metra), 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

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public meeting on April 19, 2016, which
included representatives from, and
members of, AAR, APTA, the American
Short Line and Regional Railroad
Association, and several individual
railroad representatives. 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
responses to the comments, please see
81 FR 28140 (May 9, 2016).
As FRA described in its March 14,
2017, notice, FRA proposes three minor
modifications to the Quarterly PTC
Progress Report Form (Form FRA F
6180.165, OMB Control No. 2130–0553;
OMB Approval Expires June 30, 2017).
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.

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 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:
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.

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:

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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices
Cumulative quantity
completed to date

Category

24777
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.
Route Miles in PTC Operation.

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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 still conducting PTC testing
(i.e., field testing or Revenue Service
Demonstration (RSD)) on those route
miles or if the railroad is operating the
PTC system in revenue service on those
route miles. This 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
(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.

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(ii) In September 2016, when
reviewing data collected in the OMBapproved Quarterly PTC Progress Report
(Form FRA F 6180.165), staff 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 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,
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
(railroads 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.
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

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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 staff, 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

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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.

Finally, FRA has made one additional
formatting change, which reduces the
length of the form. FRA removed the
final page from the 10-page Appendix B,
entitled ‘‘Additional Rows for
Installation/Track Segment Progress—
Current Status,’’ as that page was not
necessary for any of the 41 reporting
railroads to complete based on the
number of railroads’ track segments.

III. Overview of Information Collection
The associated collection of
information is summarized below.
Title: Quarterly Positive Train Control
Progress Report Form.
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:
Average time
per response
(in hours)

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.
For the reasons outlined above, FRA
requests regular processing and OMB
authorization to collect the information
on the revised Quarterly PTC Progress
Report Form (Form FRA F 6180.165), 30
days after publication of this notice for
a period of 3 years.
Under 44 U.S.C. 3507(a) and 5 CFR
1320.5(b) and 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.
Authority: 44 U.S.C. 3501–3520, 49 U.S.C.
20157(c)(2).
John Seguin,
Acting Chief Counsel.
[FR Doc. 2017–11090 Filed 5–26–17; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2017–0092]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
TWANOH; Invitation for Public
Comments
Maritime Administration.
Notice.

AGENCY:
ACTION:

The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirement of the coastwise laws
under certain circumstances. A request
for such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
June 29, 2017.
ADDRESSES: Comments should refer to
docket number MARAD–2017–0092.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at http://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10:00 a.m. and 5:00
p.m., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available at
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
SUMMARY:

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21.60

Total annual
burden hours
3,543

Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email [email protected].
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel TWANOH is:
—Intended Commercial Use of Vessel:
‘‘Take up to 6 guests on short
excursions on Hood Canal explaining
the geographic, history and wildlife of
the surrounding area’’
—Geographic Region: ‘‘Washington
State’’
The complete application is given in
DOT docket MARAD–2017–0092 at
http://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT/MARAD solicits comments from
the public to better inform its
rulemaking process. DOT/MARAD posts
these comments, without edit, to
www.regulations.gov, as described in
the system of records notice, DOT/ALL–
14 FDMS, accessible through

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