Oct. 29, 2019, FR Notice (30-Day) (Correct Version)

Oct. 29 2019 FR Notice (30-Day).pdf

System Safety Program

Oct. 29, 2019, FR Notice (30-Day) (Correct Version)

OMB: 2130-0599

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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–18]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. 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 August 21, 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
November 29, 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
the following address: oira_
[email protected].
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC
20590 (telephone: (202) 493–0440) or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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 August 21, 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 43645. FRA
received no comments in response to
this notice.
SUMMARY:

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Before OMB decides whether to
approve these proposed collections of
information, it must provide 30-days’
notice 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.
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
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: Filing of Dedicated Cars.
OMB Control Number: 2130–0502.
Abstract: Title 49 CFR part 215
contains freight car safety standards,
including conditions for freight cars in
dedicated service. ‘‘Dedicated service’’
means the exclusive assignment of
railroad cars to the transportation of
freight between specified points under
the conditions listed in 49 CFR 215.5(d),
including stenciling, or otherwise
displaying, in clear legible letters on
each side of the car body, the words
‘‘Dedicated Service.’’ The railroad must
notify FRA in writing that the cars are
to be operated in dedicated service.
Type of Request: Extension without
change of a currently approved
collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 746 railroads.
Frequency of Submission: On
occasion/monthly.
Total Estimated Annual Responses: 4.
Total Estimated Annual Burden: 4
hours.

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Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $304.
Title: Rear End Marking Devices.
OMB Control Number: 2130–0523.
Abstract: Title 49 CFR part 221
contains requirements for rear end
marking devices. Railroads must give
FRA a detailed description of the type
of marking devices used for any
locomotive operating singly or for cars
or locomotives operating at the end of
a train (trailing end) to ensure they meet
minimum standards for visibility and
display. Specifically, part 221 requires
railroads to furnish a certification that
each device has been tested in
accordance with current ‘‘Guidelines for
Testing of Rear End Marking Devices.’’
Additionally, part 221 requires railroads
to furnish detailed test records, which
include the names of testing
organizations, description of tests,
number of samples tested, and the test
results, to demonstrate compliance with
the performance standard.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses
(railroads).
Form(s): N/A.
Respondent Universe: 746 railroads +
24 manufacturers.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses: 2.
Total Estimated Annual Burden: 1 2
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $152.
Title: System Safety Program.
OMB Control Number: 2130–0599.
Abstract: FRA uses the collection of
information to ensure that commuter
and intercity passenger railroads
establish and implement System Safety
Programs (SSPs) to improve the safety of
their operations and to ensure
compliance with the rule. Each railroad
will use its SSP/SSP Plan to proactively
identify and mitigate or eliminate
hazards and the resulting risk on its
system at an early stage to reduce the
number of railroad accidents, incidents,
and associated injuries, fatalities, and
property damage. A railroad has the
flexibility to tailor an SSP to its specific
operations. An SSP will be
implemented when FRA approves a
railroad’s submitted SSP Plan. Under
this information collection, FRA will
audit a railroad’s compliance with its
SSP Plan. FRA will use the information
to ensure and enforce compliance with
this regulation.
1 Total estimated annual burden includes
recordkeeping.

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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Notices
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses
(railroads).
Form(s): N/A.
Respondent Universe: 33 railroads.
Frequency of Submission: On
occasion/monthly.
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. 2019–23544 Filed 10–28–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257, Notice No. 89]

Railroad Safety Advisory Committee;
Notice of Meeting
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of public meeting.
AGENCY:

FRA announces the fiftyninth meeting of the Railroad Safety
Advisory Committee (RSAC), a Federal
Advisory Committee that develops
railroad safety regulations through a
consensus process.
DATES: The RSAC meeting is scheduled
for Tuesday, November 26, 2019. The
meeting will commence at 9:30 a.m.,
and will adjourn by 4:30 p.m. Requests
to submit written materials to be
reviewed during the meeting must be
received no later than November 16,
2019. Requests for accommodations
because of a disability must be received
by November 16, 2019.
ADDRESSES: The RSAC meeting will be
held at the National Association of
Home Builders, located at 1201 15th
Street NW, Washington, DC 20005. A
final agenda will be posted on the RSAC
internet website at https://
rsac.fra.dot.gov/ at least one week in
advance of the meeting. Please see the
RSAC website for additional
SUMMARY:

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information on the committee at http://
rsac.fra.dot.gov/.
FOR FURTHER INFORMATION CONTACT:
Kenton Kilgore, RSAC Designated
Federal Officer/RSAC Coordinator, FRA
Office of Railroad Safety, (202) 493–
6286; or Larry Woolverton, Executive
Officer, FRA Office of Railroad Safety,
(202) 493–6212.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463), FRA is giving notice of a meeting
of the RSAC. The RSAC is composed of
40 voting representatives from 29
member organizations, representing
various rail industry perspectives. The
diversity of the Committee ensures the
requisite range of views and expertise
necessary to discharge its
responsibilities.
Public Participation: The meeting is
open to the public on a first-come, firstserved basis, and is accessible to
individuals with disabilities. Any
member of the public may present a
written statement to the committee at
any time. The U.S. Department of
Transportation and the Federal Railroad
Administration are committed to
providing equal access to this meeting
for all participants. If you need
alternative formats or services because
of a disability, please contact either of
the individuals listed in the FOR
FURTHER INFORMATION CONTACT section
no later than November 16, 2019.
Agenda Summary: The RSAC meeting
topics will include opening remarks
from the FRA Administrator, as well as
an update on the railroad industry’s
implementation of positive train control
(PTC). FRA will present to the
Committee reports from the Working
Groups for: Tourist and Historic
Railroads; Track Standards; Passenger
Safety; Part 225 Accident Reporting;
Train Dispatcher Certification; and
Signal Employees Certification. This
agenda is subject to change.
Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2019–23538 Filed 10–28–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0080]

Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on September 18, 2019, the

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American Short Line and Regional
Railroad Association (ASLRRA), on
behalf of its members, petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal hours of
service laws contained at 49 U.S.C.
21103(a)(4)(A), which, in part, require a
train employee to receive 48 hours off
duty after initiating an on-duty period
for six consecutive days. FRA assigned
the petition Docket Number FRA–2019–
0080.
Specifically, ASLRRA seeks a
comprehensive waiver of relief from (1)
the statutory rest requirements
contained in 49 U.S.C. 21103(a)(4)(A);
and (2) approval of a pilot project to
demonstrate the safety of adopting
fatigue mitigation plans on Class II and
Class III railroads in lieu of strict
compliance with the requirements of
these statutory provisions.
ASLRRA’s existing waiver of 49
U.S.C. 21103(a)(4)(A), granted under the
terms and conditions contained in
FRA’s initial March 5, 2010 decision
letter, and extended by FRA’s decision
letter dated February 27, 2012, permits
participating railroads to allow train
employees to work six consecutive days
followed by 24 hours of rest before
returning to work. See Docket Number
FRA–2009–0078. One condition of the
waiver excludes work occurring
between the hours of midnight and six
a.m. ASLRRA requests to expand the
waiver to include work between the
hours of midnight and six a.m. for those
railroads identified in the petition. It
also seeks approval of a pilot project to
validate preliminary data results
suggesting that employing fatigue
mitigating techniques would eliminate
any adverse consequences from
extending ASLRRA’s existing waiver to
those hours. ASLRRA states that
employee participation in the waiver
will be voluntary and all employees
covered by the waiver will be provided
information about the waiver and pilot.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Ave. SE, W12–140, Washington,
DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a

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