August 21, 2019, FR Notice (30-Day)

Aug. 21, 2019, FR Notice (30-Day; OMB Nos, 2130-0017; 0504; 0586).pdf

Bridge Safety Standards

August 21, 2019, FR Notice (30-Day)

OMB: 2130-0586

Document [pdf]
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43648

Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Notices
Respondent universe

Total annual responses

Average time per
response

Appendix C—Written requests by RRs to file required submissions electronically.

33 railroads ..........................

7 written requests ................

15 minutes .........

2

152

33 railroads ..........................

738 replies/responses .........

N/A ....................

2,084

169,396

Totals .............................................................

Total Estimated Annual Responses:
738.
Total Estimated Annual Burden:
2,084 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $169,396.
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.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–17995 Filed 8–20–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–12]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Requests (ICRs)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICRs describe
the information collections and their
expected burden. On June 14, 2019,
FRA published a notice providing a 60day period for public comment on the
ICRs.
DATES: Interested persons are invited to
submit comments on or before
September 20, 2019.
ADDRESSES: Submit written comments
on the ICRs to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503,
Attention: FRA Desk Officer. Comments
may also be sent via email to OMB at

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SUMMARY:

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the following address: oira_
[email protected].
Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W33–497,
Washington, DC 20590 (telephone: (202)
493–6292); or Ms. Kim Toone,
Information Collection Clearance
Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W34–212,
Washington, DC 20590 (telephone: (202)
493–6132).
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On June 14, 2019, FRA
published a 60-day notice in the Federal
Register soliciting comment on the ICRs
for which it is now seeking OMB
approval. See 84 FR 27833. FRA
received and reviewed the comments
submitted in response to this notice.
On August 7, 2019, Ms. Sarah
Yurasko, of the Association of American
Railroads (AAR) sent a comment on
behalf of its member railroads regarding
FRA’s Crossing Inventory renewal
information collection (Part 234; OMB
No. 2130–0017). Ms. Yurasko noted that
AAR and its member railroads ‘‘have
worked diligently with FRA since the
2015 publication of the Highway-Rail
Crossing Inventory Final Rule to ensure
that the information reported via the
U.S. Crossing Inventory forms is
accurate.’’ She noted that ‘‘both
railroads and State entities access the
site to report information under their
respective purviews, and unfortunately,
there have been several instances in
which a state has over-written railroadprovided information in one of the
railroad fields.’’ She observed that such
errors lead to confusion, administrative
burden to remediate, and ‘‘potential
FRA enforcement activity.’’ AAR and its
member railroads are urging FRA to
amend its system to lock-off designated
sections of the U.S. DOT Crossing
Inventory Form to the railroad, and
FOR FURTHER INFORMATION CONTACT:

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Total annual
burden hours

Total annual
dollar cost
equivalent

CFR section/subject

other designated sections to the state
entity. Ms. Yurasko advocated that there
are several sections of the Inventory
Form which both the railroad and the
state entity should be able to modify
and that, in these instances, ‘‘the form
should allow all parties to see who
made the most recent update to the
information in the form.’’ Ms. Yurasko
included a color-coded copy of the
Inventory Form (FRA F 6180.71) to
illustrate the categorization of fields that
railroads and the state entity would
each complete.
The accuracy and reliability of the
data that railroads and state entities
provide on the FRA Inventory Form is
vital to FRA and to its mission of
promoting and enhancing national rail
safety, particularly at grade crossings.
Before FRA issued the Crossing
Inventory final rule in 2015, FRA
solicited comment and feedback on
sections of the Inventory Form that the
railroads and state entities would
complete. Accordingly, in its March 29,
2013, comments on the proposed
Crossing Inventory rule, AAR
recommended FRA limit access to
certain specified data fields to either the
railroad or state entity to prevent
submission of erroneous information by
the other entity. The Crossing Inventory
system is designed to allow users to
view previously submitted Inventory
Forms, which can then be used to
determine when revised Inventory
Forms were submitted and whether the
railroad or state entity submitted them.
However, FRA will consider Ms.
Yurasko’s recommendations on behalf
of the AAR and its member railroads to
lock certain sections of the Inventory
Form to prevent over-writing by another
entity.
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes the 30-day
notice informs the regulated community
to file relevant comments and affords
the agency adequate time to digest
public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995.

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Therefore, respondents should submit
their respective comments to OMB
within 30 days of publication to best
ensure having their full effect.
Comments are invited on the
following ICRs regarding: (1) Whether
the information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information will have practical utility;
(2) the accuracy of FRA’s estimates of
the burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways to minimize the
burden of information collection
CFR section

jspears on DSK3GMQ082PROD with NOTICES

—Changes/corrections to Crossing Inventory
data submitted via API computer program.
—Written requests by states/railroads for FRA
Crossing Inventory Guide.
(d)—Reporting Crossing Inventory data by state
agencies on behalf of railroads: Written notices
to FRA.
(e)(1)—Consolidated reporting by parent corporation on behalf of its subsidiary railroads: Written notice to FRA.
(e)(2)—Immediate notification to FRA by parent
corporation of any changes in the list of subsidiary railroads for which it reports.
234.405(a)(1)—Initial submission of previously
unreported highway-rail and pathway crossings
through which they operate by primary operating railroads: Providing assigned crossing inventory number to each railroad that operates
one or more trains through crossing.
—Primary operating railroad providing assigned
inventory number to other (2) railroads operating through crossing.
(c)—Duty of all operating railroads: Notification to
FRA of previously unreported crossing through
which it operates.
(d)—Primary operating railroad copy to FRA of
its written request to State agency for Statemaintained crossing data.
—Copies of primary operating railroad written request to other operating railroads.
234.407(a)—Submission of initial data to the
Crossing Inventory for new Crossings: Primary
operating railroad assignment of Inventory
number to each new highway-rail or pathway
crossing through which it operates.
—Providing assigned inventory numbers for new
highway-rail and pathway crossings through
which they operate by primary operating railroads to each railroad that operates one or
more trains through the crossing.
1 This final rule was subsequently amended on
June 10, 2016, in response to a petition for
reconsideration submitted by the Association of
American Railroads. See 81 FR 37521.
2 After an internal agency review, FRA updated
the PRA estimates.

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2008, require railroads to submit
information about previously
unreported and new highway-rail and
pathway crossings to the U.S. DOT
National Highway-Rail Crossing
Inventory and to periodically update
existing crossing data.
Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses
(railroads), States, and the District of
Columbia (DC).
Form(s): FRA F 6180.71.
Respondent Universe: 692 railroads,
50 States and DC.
Frequency of Submission: On
occasion/monthly.
Reporting Burden: 2
Average time per
response

51 States/DC & 692 railroads.

1,495 forms ..........................

30 minutes .........

748

$55,352

51 States/DC
roads.
51 States/DC
roads.
51 States/DC
roads.
51 States/DC
roads.
51 States/DC
roads.

& 692 rail-

67 lists (1,081 records) ........

30 minutes .........

34

2,516

& 692 rail-

750 lists (110,238 records) ..

15 minutes .........

188

13,912

& 692 rail-

134,719 records ...................

3 minutes ...........

6,736

498,464

& 692 rail-

5 requests ............................

15 minutes .........

1

74

& 692 rail-

15 notices ............................

30 minutes .........

8

592

692 railroads ........................

250 notices ..........................

30 minutes .........

125

9,625

692 railroads ........................

75 notices ............................

30 minutes .........

38

2,926

692 railroads ........................

300 provided assigned inventory numbers.

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

25

1,925

692 railroads ........................

200 assigned numbers ........

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

17

1,309

692 railroads ........................

200 assigned numbers ........

20 minutes .........

67

5,159

692 railroads ........................

70 written requests ..............

2 minutes ...........

2

154

692 railroads ........................

75 written requests ..............

2 minutes ...........

3

231

692 railroads ........................

50 assigned inventory numbers.

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

4

308

692 railroads ........................

50 assigned inventory numbers.

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

4

308

3 Based on Bureau of Labor Statistics (BLS) data,
FRA is using an average hourly wage rate of $74 per
hour for State employees to determine the dollar
equivalent cost of estimated burden hours. Based on
the 2017 American Association publication,
Railroad Facts, FRA is using an average hourly

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Total annual
burden hours

Total annual
burden hour
dollar cost
equivalent 3

Total annual responses

Respondent universe

234.403(a), (b), (c), (e)(3)—Submission of data
to the U.S. DOT Highway-Rail Crossing Inventory: Completion of inventory form.
—Mass update lists of designated data submitted
by railroads/states.
—Excel lists of submitted data .............................

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activities on the public, including the
use of automated collection techniques
or other forms of information
technology.
The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: U.S. DOT Crossing Inventory.
OMB Control Number: 2130–0017.
Abstract: On January 6, 2015, FRA
published in the Federal Register a final
rule that requires railroads that operate
one or more trains through highway-rail
or pathway crossings to submit
information to the U.S. DOT National
Highway-Rail Crossing Inventory about
the crossings through which they
operate.1 See 80 FR 746. These
amendments, mandated by section 204
of the Rail Safety Improvement Act of

wage rate of $77 per hour for professional/
administrative to determine the same dollar
equivalent costs. All hourly wage rates included 75
percent overhead costs.

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Respondent universe

Total annual responses

Average time per
response

234.411(a)(ii)—Notification/report by railroad to
primary operating railroad of sale of all or part
of a highway-rail or pathway on or after June
10, 2016.
234.413(a & b)—Recordkeeping—RR Duplicate
copy of each inventory form submitted in hard
copy to the Crossing Inventory.
—Copy of electronic confirmation received from
FRA after electronic submission of crossing
data to Crossing Inventory.

692 railroads ........................

400 notices/reports ..............

15 minutes .........

100

7,700

692 railroads ........................

350 duplicate copies ............

1 minute ............

6

462

692 railroads ........................

134,719 copies ....................

5 seconds ..........

187

14,399

Total Estimated Annual Responses:
384,292.
Total Estimated Annual Burden:
8,293 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $615,416.
Title: Special Notice for Repairs.
OMB Control Number: 2130–0504.
Abstract: Under 49 CFR part 216, FRA
and State inspectors may issue a Special
Notice for Repairs to notify a railroad in
writing of an unsafe condition involving
a locomotive, car, or track. The railroad
must notify FRA in writing when the
equipment is returned to service or the
track is restored to a condition
permitting operations at speeds
authorized for a higher class, specifying
the repairs completed. FRA and State
inspectors use this information to
remove from service freight cars,
passenger cars, and locomotives until
they can be restored to a serviceable
condition. They also use this
information to reduce the maximum
authorized speed on a section of track
until repairs can be made.
Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses
(railroads).
Form(s): FRA F 6180.8; FRA F
6180.8A.
Respondent Universe: 741 railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
57.
Total Estimated Annual Burden: 16
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $1,232.
Title: Bridge Safety Standards.
OMB Control Number: 2130–0586.
Abstract: The Fixing America’s
Surface Transportation Act (FAST Act)
(Pub. L. 114–94, Dec. 4, 2015), Section
11405, ‘‘Bridge Inspection Reports,’’
provides a means for a State or a
political subdivision of a State to obtain
a public version of a bridge inspection
report generated by a railroad for a
bridge located within its respective
jurisdiction. While the FAST Act

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specifies that requests for such reports
are to be filed with the Secretary of
Transportation, the responsibility for
fulfilling these requests is delegated to
FRA. See 49 CFR 1.89.
FRA’s currently approved information
collection accounts for the burden that
will be incurred by States and political
subdivisions of States requesting a
public version of a bridge inspection
report generated by a railroad for a
bridge located within their respective
jurisdiction. FRA developed a Form
titled ‘‘Bridge Inspection Report Public
Version Request Form’’ to facilitate such
requests by States and their political
subdivisions. FRA accounts for the
burden that will be incurred by
railroads to provide the public version
of a bridge inspection report upon
agency request to FRA.
As background, FRA’s final rule on
bridge safety standards, 49 CFR part
237, normalized and established federal
requirements for railroad bridges. See 75
FR 41281 (July 15, 2010). The final rule
established minimum requirements to
assure the structural integrity of railroad
bridges and to protect the safe operation
of trains over those bridges. The
information collected is used by FRA to
ensure that railroads/track owners meet
Federal standards for bridge safety and
comply with all the requirements of this
regulation. In particular, the collection
of information is used by FRA to
confirm that railroads/track owners
adopt and implement bridge
management programs to properly
inspect, maintain, modify, and repair all
bridges that carry trains for which they
are responsible. Railroads/track owners
must conduct annual inspections of
railroad bridges as well as special
inspections, which must be carried out
if natural or accidental events cause
conditions that warrant such
inspections. Further, railroads/track
owners must incorporate provisions for
internal audit into their bridge
management programs and must
conduct internal audits of bridge
inspection reports. The internal audit
information is used by railroads/track

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Total annual
burden hours

Total annual
burden hour
dollar cost
equivalent 3

CFR section

owners to verify that the inspection
provisions of the bridge management
program are being followed and to
continually evaluate the effectiveness of
their bridge management program and
bridge inspection activities. FRA uses
this information to ensure that
railroads/track owners implement safe
and effective bridge management and
inspection programs.
Type of Request: Extension with
change (revised estimates) of a current
information collection.
Affected Public: Businesses (railroads)
and States, DC, and political
subdivisions).
Form(s): FRA F 6180.167.
Respondent Universe: 741 railroads/
50 States and DC/200 political
subdivisions.
Frequency of Submission: On
occasion/monthly.
Total Estimated Annual Responses:
16,037.
Total Estimated Annual Burden:
4,857 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $334,299.
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.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–18031 Filed 8–20–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2019–0135]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
COPPELIA (Catamaran); Invitation for
Public Comments
AGENCY:

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Maritime Administration, DOT.

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