March 16, 2020, 30-Day FR Notice

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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices

displays a currently valid OMB control
number.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2020–05272 Filed 3–13–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0004–N–2]

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 Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On December 30,
2019, FRA published a notice providing
a 60-day period for public comment on
the ICR.
DATES: Interested persons are invited to
submit comments on or before April 15,
2020.
ADDRESSES: Submit written comments
on the ICR 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

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SUMMARY:

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information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On December 30,
2019, FRA published a 60-day notice in
the Federal Register soliciting public
comment on the ICR for which it is now
seeking OMB approval. See 84 FR
72128. FRA has received no comments
in response to this notice.
Before OMB decides whether to
approve this proposed collection 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 ICR 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 summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Railroad Police Officers.
OMB Control Number: 2130–0537.
Abstract: FRA regulations in 49 CFR
part 207 require railroads to notify
States of all designated police officers
who perform duties outside of their
respective jurisdictions. This is
necessary to verify proper police
authority.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 746 railroads.
Frequency of Submission: On
occasion.

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Total Estimated Annual Responses:
110.
Total Estimated Annual Burden: 11
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $836.
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. 2020–05273 Filed 3–13–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0004–N–3]

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 Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On December 30,
2019, FRA published a notice providing
a 60-day period for public comment on
the ICR.
DATES: Interested persons are invited to
submit comments on or before April 15,
2020.
ADDRESSES: Submit written comments
on the ICR 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
SUMMARY:

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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
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:

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I. Public Comment Under the PRA
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 December 30,
2019, FRA published a 60-day notice in
the Federal Register soliciting public
comment on the ICR for which it is now
seeking OMB approval. See 84 FR
72121.
The 60-day comment period closed on
February 28, 2020, and FRA received
three sets of comments. First, on
December 30, 2019, via email, J.P.
Morgan’s Equity Research Division
(Airfreight & Surface Transportation)
inquired about whether FRA will make
railroads’ Statutory Notifications of PTC
System Failures (Form FRA F 6180.177)
publicly available. The statutory
mandate does not require FRA to
publicly release the Statutory
Notifications of PTC System Failures
(Form FRA F 6180.177) that railroads
submit under 49 U.S.C. 20157(j)(4).
However, if FRA decides in the future
to publicly release any failure-related
information, FRA would be limited to a
certain extent by any requests for
confidentiality that railroads may
submit pursuant to 49 CFR 209.11.1
Second, by email and letter dated
February 28, 2020, on behalf of itself
and its member railroads, the
Association of American Railroads
(AAR) submitted comments regarding
FRA’s proposed changes to the
Quarterly PTC Progress Report (Form
FRA F 6180.165) and the Annual PTC
Progress Report (Form FRA F 6180.166),
and FRA’s new proposed form, the
Statutory Notification of PTC System
Failures (Form FRA F 6180.177),
implementing the temporary reporting
requirement under 49 U.S.C. 20157(j)(4).
1 The statutory mandate specifically requires FRA
to publicly release railroads’ Annual PTC Progress
Reports (Form FRA F 6180.166). See 49 U.S.C.
20157(c)(3). FRA also voluntarily publishes
railroads’ Quarterly PTC Progress Reports (Form
FRA F 6180.165) on FRA’s website at https://
railroads.dot.gov/train-control/ptc/ptc-annual-andquarterly-reports. In addition, each quarter, FRA
posts detailed infographics depicting railroads’ selfreported progress toward fully implementing FRAcertified and interoperable PTC systems at https://
www.fra.dot.gov/ptc.

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Third, by two letters dated February
28, 2020, on behalf of itself and its
member organizations, the American
Public Transportation Association
(APTA) submitted comments regarding
FRA’s new proposed form, the Statutory
Notification of PTC System Failures
(Form FRA F 6180.177).2
FRA notes that AAR’s and APTA’s
written comments are generally similar
in substance to several Class I railroads’
and passenger railroads’ verbal
comments during FRA’s most recent
PTC collaboration session on February
5, 2020. In the respective sections
regarding each form below, FRA
summarizes and responds to AAR’s and
APTA’s comments, including
identifying the modifications FRA is
amenable to making to each proposed
form based on the industry’s comments.
Before OMB decides whether to
approve this proposed collection 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
1320.10(b), 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 at 44983. Therefore, respondents
should submit any additional comments
to OMB within 30 days of publication
to best ensure having their full effect.
Comments are invited on the
following ICR 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.
2 FRA acknowledges that APTA submitted two
separate letters, both dated February 28, 2020, to
Docket No. FRA–2019–0004–N–20 on
www.regulations.gov. The letters are mostly
identical in substance, except one of the letters
contains an additional section with four questions
at the end of the letter.

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II. Proposed Revisions to the Quarterly
and Annual PTC Progress Report Forms
On September 24, 2018, OMB
approved the Quarterly PTC Progress
Report (Form FRA F 6180.165) and the
Annual PTC Progress Report (Form FRA
F 6180.166) for a period of 18 months,
expiring on March 31, 2020. The current
Quarterly PTC Progress Report Form
and Annual PTC Progress Report Form,
as approved through March 31, 2020,
can be accessed and downloaded in
FRA’s eLibrary at: https://
www.fra.dot.gov/eLib/details/L17365
and https://www.fra.dot.gov/eLib/
details/L17366, respectively.3
Railroads’ submission of Quarterly
PTC Progress Reports (Form FRA F
6180.165) and Annual PTC Progress
Reports (Form FRA F 6180.166)—
consistent with the reporting
requirements under the Positive Train
Control Enforcement and
Implementation Act of 2015 (PTCEI
Act)—enables FRA to effectively
monitor railroads’ progress toward fully
implementing FRA-certified and
interoperable PTC systems on the
approximately 57,709 route miles
subject to the statutory mandate.
Moreover, this reporting framework
enables FRA to provide the public and
Congress with data-driven status
updates regularly, which will be
especially important throughout 2020,
as the statutory deadline for most
mandated railroads to fully implement
PTC systems is December 31, 2020.
Please see Section II of FRA’s 60-day
notice for additional background about
the mandatory Quarterly PTC Progress
Report (Form FRA F 6180.165) and
Annual PTC Progress Report (Form FRA
F 6180.166), under 49 U.S.C. 20157(c)(1)
and (2). 84 FR 72121–23 (Dec. 30,
2019).4 FRA will request OMB’s reapproval of both forms, with the three
types of changes described below.
3 The current, OMB-approved versions of the
forms considered prior comments from AAR on
behalf of itself and its member railroads; APTA on
behalf of the Northeast Illinois Commuter Rail
System (Metra), the Utah Transit Authority, the TriCounty Metropolitan Transportation District of
Oregon, and the Fort Worth Transportation
Authority; and industry stakeholders during FRA’s
public meeting on April 19, 2016. FRA published
minutes from the public meeting on
www.regulations.gov under Docket No. FRA 2016–
0002–N–17. For a summary of past oral and written
comments and FRA’s responses to the comments,
please see 81 FR 28140 (May 9, 2016); 81 FR 65702
(Sept. 23, 2016); and 83 FR 39152 (Aug. 8, 2018).
4 As stated on the cover page of the Quarterly PTC
Progress Report (Form FRA F 6180.165), ‘‘A railroad
must submit quarterly reports until a PTC system
is fully implemented on all required main lines
under 49 U.S.C. 20157 and 49 CFR part 236, subpart
I, including a quarterly report for the quarter in
which the railroad completes full PTC system
implementation.’’ See 49 U.S.C. 20157(c)(2).

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A. Changes To Simplify Both ProgressRelated Reporting Forms
Per the industry’s and OMB’s
previous recommendations, FRA has
considered ways in which it can phase
out certain requirements of the
Quarterly PTC Progress Report (Form
FRA F 6180.165) and Annual PTC
Progress Report (Form FRA F 6180.166),
while railroads continue to fully
implement their PTC systems on the
required main lines. Although many of
the specific reporting requirements are
statutorily required under 49 U.S.C.
20157(c)(1)(A)–(G), FRA is amenable to
making certain sections of both forms
optional for most railroads, at this stage.
In the 60-day Federal Register notice,
FRA initially proposed to make the
following three sections of both the
Quarterly PTC Progress Report (Form
FRA F 6180.165) and the Annual PTC
Progress Report (Form FRA F 6180.166)
optional for most railroads: Section 2
(‘‘Update on Spectrum’’); Section 3.1
(‘‘Locomotive Status’’), except the
software-related narrative section; and
Section 3.3 (‘‘Infrastructure/Wayside
Status’’). 84 FR at 72123. In AAR’s
comments, dated February 28, 2020,
AAR requested that FRA also make the
following additional sections optional:
Section 3.2 (‘‘Infrastructure/Back Office
Status’’); Section 4 (‘‘Installation/Track
Segment Progress’’); Section 5 (‘‘Update
on Employee Training’’); and multiple
rows in Section 1 (‘‘Summary’’) to the
extent the information in those rows
‘‘will not significantly change.’’
Based on AAR’s comments, in
addition to the sections FRA initially
identified in the 60-day notice, FRA also
agrees to make the following sections
optional for certain railroads, for the
reasons set forth below: Section 3.2
(‘‘Infrastructure/Back Office Status’’);
Section 4 (‘‘Installation/Track Segment
Progress’’); and Section 5 (‘‘Update on
Employee Training’’). In addition, FRA
agrees to remove the row labeled ‘‘Radio
Towers Fully Installed and Equipped’’
from Section 1 (‘‘Summary’’) of both
progress-related reporting forms.
However, contrary to AAR’s
comments, the high-level information
railroads provide in Section 1
(‘‘Summary’’) is not limited to
hardware-specific information, as that
section also encompasses railroads’
progress with respect to programming
PTC system software and taking other
steps necessary to ensure the PTC
system is operable. Also, AAR
comments that it should be optional to
provide spectrum-specific information
in Section 1 (‘‘Summary’’); however,
there are no fields related to spectrum
in the summary section of either the

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Quarterly PTC Progress Report (Form
FRA F 6180.165) or the Annual PTC
Progress Report (Form FRA F 6180.166).
FRA believes that the revised Section
1 (‘‘Summary’’) 5 is necessary for FRA to
understand railroads’ high-level
progress and accurately convey
railroads’ status in FRA’s quarterly
updates on its website and during FRA’s
regular briefings to the pertinent
Congressional committees. FRA believes
that it has sufficiently balanced the
industry’s request to phase out progressrelated reporting requirements, where
possible, and FRA’s need to closely
monitor railroads’ progress toward fully
implementing FRA-certified and
interoperable PTC systems on all
required main lines, especially during
this period leading up to the statutory
December 31, 2020, deadline.
In summary, based on the industry’s
comments and feedback, FRA now
proposes making the following sections
of the Quarterly PTC Progress Report
(Form FRA F 6180.165) and Annual
PTC Progress Report (Form FRA F
6180.166) optional for most railroads:
Section 2 (‘‘Update on Spectrum’’);
Section 3.1 (‘‘Locomotive Status’’),
except the software-related narrative
section; Section 3.2 (‘‘Infrastructure/
Back Office Status’’); Section 3.3
(‘‘Infrastructure/Wayside Status’’); and
Section 5 (‘‘Update on Employee
Training’’). Specifically, FRA proposes
that those sections would be optional
for any railroad that previously
demonstrated to FRA it had finished
acquiring all necessary spectrum,
installing all PTC system hardware for
the implementation of its PTC system,
and/or training the employees required
to receive PTC training under 49 CFR
236.1041 through 236.1049, consistent
with the governing FRA-approved
PTCIP. This would encompass nearly all
railroads subject to the statutory
mandate that are still in the process of
fully implementing their PTC systems—
including the railroads currently field
testing their PTC systems, conducting
revenue service demonstration (RSD) or
extending RSD to additional main lines,
and conducting interoperability testing
with their PTC-required tenant
railroads—given that railroads generally
needed to finish acquiring spectrum,
installing all PTC system hardware, and
training necessary employees by
December 31, 2018, to qualify for and
obtain FRA’s approval of an alternative
schedule and sequence by law. See 49
U.S.C. 20157(a)(3)(B).
The only railroads for which the
above sections—Sections 2, 3.1, 3.2, 3.3,
5 Removing only the row labeled, ‘‘Radio Towers
Fully Installed and Equipped.’’

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and 5—would remain mandatory are
those railroads that are still in the
spectrum acquisition, hardware
installation, or employee training
phases, which is the case for certain
railroads that, for example: (A)
Commenced regularly scheduled
intercity passenger or commuter rail
service after December 31, 2018, and
therefore did not need to qualify for or
obtain FRA’s approval of an alternative
schedule; (B) are in the process of
constructing new main lines subject to
the statutory mandate; or (C) have one
or more lines that are subject to a
temporary main line track exception
and must still implement a PTC system.
In those three cases, FRA would still
need to obtain updates regarding such
railroads’ progress toward acquiring all
necessary spectrum, installing all
necessary PTC system hardware, and
training its applicable employees as
required under 49 CFR 236.1041 to
236.1049.
In addition, based on AAR’s
comments, FRA also now proposes to
make Section 4 (‘‘Installation/Track
Segment Progress’’) optional but only for
a railroad that reports in Section 1
(‘‘Summary’’) of the applicable
Quarterly PTC Progress Report (Form
FRA F 6180.165) or Annual PTC
Progress Report (Form FRA F 6180.166)
that its PTC system is governing
operations, including RSD, on all PTCmandated route miles as of that
reporting period. Section 4
(‘‘Installation/Track Segment Progress’’)
remains mandatory for all other
railroads subject to the statutory
mandate.
B. Improvement to the Drop-Down Menu
in Sections 4 and 6 of Both Progressrelated Reporting Forms
In Section 4 (entitled ‘‘Installation/
Track Segment Progress’’) of both the
quarterly form and the annual form,
FRA proposes adding a new option to
the drop-down menus. Currently, the
options include only: ‘‘Not Started,’’
‘‘Installing,’’ ‘‘Field Testing,’’ ‘‘Revenue
Service Demonstration,’’ and
‘‘Operational/Complete.’’ Given that
some railroads are beyond the
installation phase, but not yet at the
field testing phase on multiple track
segments, FRA proposes to add a new
option to the drop-down menu,
specifically labeled, ‘‘Pre-field Testing.’’
That way, such railroads will not need
to select ‘‘Installing’’ or ‘‘Field Testing,’’
neither of which would accurately
represent the actual status of a railroad’s
specific track segment. This minor
revision to the forms will help ensure
clearer and more accurate reporting,
without imposing an additional

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reporting burden. For consistency with
Section 4, FRA also proposes to update
the corresponding drop-down menu in
Section 6 (entitled ‘‘Update on
Interoperability Progress’’) of both forms
to include the same options: ‘‘Not
Started,’’ ‘‘Installing,’’ ‘‘Pre-field
Testing,’’ ‘‘Field Testing,’’ ‘‘Revenue
Service Demonstration,’’ 6 and
‘‘Operational/Complete.’’ FRA received
no comments on this proposed change.
C. Clarification in Section 6 of Both
Progress-Related Reporting Forms
In Section 6 (entitled ‘‘Update on
Interoperability Progress’’) of both the
quarterly form and the annual form,
FRA proposes revising the heading of
the last column in the table to state,
‘‘Current Tenant Interoperability
Status,’’ instead of ‘‘Current Tenant
Implementation Status,’’ to help ensure
proper interpretation. For example, at
least one commuter railroad has
improperly listed the status of a Class I
tenant railroad’s progress toward fully
implementing a PTC system on the
Class I railroad’s own main lines (so as
a host railroad), instead of the Class I
railroad’s status specifically as a tenant
railroad on that commuter railroad’s
required main lines. FRA expects that
this minor revision might make this
heading clearer. FRA received no
comments on this proposed change.

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III. Proposal for a New Mandatory
Form—Statutory Notification of PTC
System Failures (Form FRA F 6180.177)
Please see FRA’s 60-day Federal
Register notice about the default
reporting requirement under 49 U.S.C.
20157(j)(4) requiring railroads to notify
FRA any time a railroad operating an
FRA-certified PTC system ‘‘fails to
initialize, cuts out, or malfunctions,’’
and FRA’s authority to establish an
alternative reporting deadline (instead
of within 7 days of each occurrence) and
an alternative reporting location
(instead of submitting the notifications
to the appropriate FRA region).7 See 49
U.S.C. 20157(j)(4); 49 CFR 1.89; see also
84 FR 72121, 72123–26 (Dec. 30, 2019).
On February 28, 2020, AAR submitted
written comments stating, ‘‘AAR
appreciates and supports FRA’s
proposal to modify, as permitted under
6 Previously, the relevant part of the drop-down
menu allowed a host railroad to indicate only that
a tenant railroad was generally conducting
‘‘testing,’’ without specifying the stage of testing.
7 By law, this temporary reporting requirement
under 49 U.S.C. 20157(j)(4) sunsets on
approximately December 31, 2021—or more
specifically, one year after the last Class I railroad
obtains PTC System Certification from FRA and
finishes fully implementing an FRA-certified and
interoperable PTC system on all its required main
lines. See 49 U.S.C. 20157(j).

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49 U.S.C. 20157(j)(4), the frequency and
location of reporting in order to simplify
and ease the burdens of carriers during
the applicable Early Adopter period.’’
FRA did not receive any comments
requesting changes to its proposed twotiered or bifurcated reporting frequency
for this temporary reporting
requirement, where the reporting
frequency depends on whether or not
the host railroad has fully implemented
an FRA-certified and interoperable PTC
system on all its required route miles.8
For detailed information regarding the
applicable reporting frequency and
deadlines, please see Section IV of
FRA’s 60-day notice. 84 FR at 72124–26.
AAR’s comments, dated February 28,
2020, also generally express support for
the fact that FRA’s web-based form for
the Statutory Notification of PTC
System Failures (Form FRA F 6180.177)
will enable railroads to upload bulk data
using a comma-separated values (CSV)
file (e.g., FRA’s template Excel
spreadsheet saved as a CSV file). AAR
states that it ‘‘supports this flexibility,
which would reduce the railroads’
reporting burden by avoiding the
necessity of having to copy the data
from a spreadsheet onto FRA’s form.’’ 9
Consistent with 49 U.S.C. 20157(j)(4),
FRA’s proposed Statutory Notification
of PTC System Failures (Form FRA F
6180.177) would require the host
railroad to identify the number of times
each type of PTC system failure
identified in the statutory mandate
occurred during the reporting period:
8 One of AAR’s comments, however, asserts that
49 U.S.C. 20157(j)(4) ‘‘only addresses reporting by
carriers operating a fully certified and implemented
PTC system.’’ That interpretation is not supported
by the plain language of the statute. See 49 U.S.C.
20157(j)(4); see also 84 FR 72121, 72124 (Dec. 30,
2019). Consistent with the statutory canons of
construction, FRA interprets the word
‘‘implemented’’ consistently throughout the
provisions in the statutory mandate, including 49
U.S.C. 20157(a)(3)(B)(vi) and 49 U.S.C. 20157(j)(4).
For example, acknowledging the incremental nature
of implementation, the PTCEI Act required Class I
railroads and Amtrak to demonstrate they
‘‘implemented a [PTC] system or initiated revenue
service demonstration on the majority of [its PTCmandated] territories’’ by December 31, 2018, to
qualify for an alternative schedule and sequence
with a final deadline not later than December 31,
2020. 49 U.S.C. 20157(a)(3)(B)(vi) (emphasis
added).
9 With respect to the reporting burden of Form
FRA F 6180.177, AAR comments, ‘‘Eventually it
might take only one hour, but undoubtedly it will
take a railroad more than one hour to develop a
reporting system.’’ However, FRA notes that the
default statutory reporting requirement has
generally been in effect since October 29, 2015. In
addition, many Class I railroads and passenger
railroads have demonstrated they already have a
reporting system in place and are actively tracking
PTC system initialization failures, cut outs, and
malfunctions to understand the reliability and
performance of their PTC systems and/or generally
ensure compliance with 49 CFR part 236, subpart
I.

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Any failure to initialize, any cut out,
and any malfunction, as defined below.
During FRA’s industry meetings to date,
railroads have requested clarification
regarding the meaning and scope of
these statutory terms.
Given that the statutory mandate
requires railroads to notify FRA any
time an FRA-certified PTC system ‘‘fails
to initialize, cuts out, or malfunctions,’’
FRA interprets these terms reasonably
broadly and in accordance with their
plain language meaning, to encompass
the following, for purposes of this
temporary reporting requirement:
• Failure to Initialize: Any instance
when a PTC system fails to activate on
a locomotive or train, unless the PTC
system successfully activates during a
subsequent attempt in the same location
or before entering PTC territory. For the
types of PTC systems that do not
‘‘initialize’’ by design, a failed departure
test is considered a ‘‘failure to
initialize’’ for purposes of this reporting
requirement, unless the PTC system
successfully passes the departure test
during a subsequent attempt in the same
location or before entering PTC territory.
• Cut Out: Any cut out of a PTC
system, subsystem, or component en
route, including when the PTC system
cuts out on its own or a person cuts out
the system, unless the cut out was
necessary to exit PTC-governed territory
and enter non-PTC territory.
• Malfunction: Any instance when a
PTC system, subsystem, or component
fails to perform the functions mandated
under 49 U.S.C. 20157(i)(5), 49 CFR part
236, subpart I, or the applicable host
railroad’s PTC Safety Plan.
FRA revised its proposed definitions
to incorporate AAR’s and APTA’s
feedback in their respective letters,
dated February 28, 2020, about the
definitions FRA initially proposed in
the 60-day notice. See 84 FR 72121,
72125 (Dec. 30, 2019). AAR generally
stated that certain definitions were
ambiguous, so FRA refined its proposed
definitions to be more precise yet still
sufficiently broad to apply to all types
of PTC systems and align with the plain
language and scope identified in 49
U.S.C. 20157(j)(4).
For example, consistent with AAR’s
and APTA’s comments, FRA eliminated
the reference to ‘‘initial terminal’’ from
its proposed definition of ‘‘failure to
initialize,’’ given AAR’s comment that
‘‘there is only one initial terminal but
there could be multiple crew changes
and multiple initialization
opportunities,’’ and APTA’s comment
that ‘‘an initial terminal may be
different for freight, intercity or
commuter operations.’’ See 84 FR at
72125. Also, FRA’s proposed definition

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of ‘‘failure to initialize’’ set forth above
is consistent with AAR’s understanding
that ‘‘a number of unsuccessful attempts
to initialize a particular train by the
crew would constitute one initialization
failure.’’
In addition, AAR’s comments
acknowledged that unlike the
Interoperable Electronic Train
Management System, certain PTC
systems, including the Advanced Civil
Speed Enforcement System II and
Incremental Train Control System, do
not actually initialize, so FRA provided
examples of how this statutory term
may apply to other types of PTC systems
in its revised definition, as listed above.
In APTA’s letter, dated February 28,
2020, APTA requests that the scope of
the term ‘‘cut out’’ should include only
instances when the onboard PTC
apparatus is manually disabled. FRA
disagrees and notes that the relevant
statutory provision, 49 U.S.C.
20157(j)(4), is not limited only to the
onboard PTC subsystem or manual cut
outs. FRA acknowledges that APTA’s
use of the word ‘‘disabling’’ in its
comments is generally consistent with
FRA’s use of the phrase ‘‘cut out,’’ but
FRA proposes to use the phrase ‘‘cut
out’’ as it is a term of art.
Also, in its February 28, 2020, letter,
AAR ‘‘urges FRA to delete the phrase
‘could prevent’ ’’ from the definition of
‘‘malfunction’’ that FRA previously
proposed in its 60-day notice, as AAR
argues that such a phrase could cause
confusion. See 84 FR at 72125.
Similarly, APTA’s February 28, 2020,
comments request that FRA delete the
phrase ‘‘or could prevent,’’ on the basis
that it could be considered subjective.
Accordingly, FRA has eliminated that
phrase and proposes the definition set
forth above (i.e., any instance when a
PTC system, subsystem, or component
fails to perform the functions mandated
under 49 U.S.C. 20157(i)(5), 49 CFR part
236, subpart I, or the applicable host
railroad’s PTC Safety Plan (PTCSP)),
which FRA believes is clearer and
consistent with the statutory provision.
Also, for clarity and precision, FRA
expanded its proposed definition of
‘‘malfunction’’ to refer to the applicable
host railroad’s PTCSP, in addition to 49
U.S.C. 20157(i)(5) and 49 CFR part 236,
subpart I. That approach is also
consistent with APTA’s observation, in
its comments, that a PTC system must
perform in accordance with the
governing PTC Development Plan
(PTCDP) and PTCSP.10 As railroads are
10 FRA, however, disagrees with APTA’s
comments that suggest ‘‘an unintended
enforcement’’ or ‘‘an unintended speed
enforcement’’ are not malfunctions, if the ‘‘event is

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aware, FRA’s regulations generally
require a PTC system to be ‘‘fully
operative and functioning in accordance
with the applicable PTCSP,’’ except in
limited circumstances. See, e.g., 49 CFR
236.1006(a)–(b), 236.1009(d)(3).
Furthermore, in FRA’s 60-day notice,
FRA requested comments about its
proposal to require host railroads to
identify and categorize the number of
PTC system initialization failures, cut
outs, and malfunctions by state and
subdivision.11 See 84 FR at 72125.
AAR’s comments, dated February 28,
2020, argue that ‘‘[p]roviding data by
state or region would be unduly
burdensome and is not necessary to
achieve FRA’s objective. Railroads do
not keep data by state or region. . . .
Railroads should report failures by
subdivision alone, consistent with other
reporting requirements.’’ Based on
AAR’s request and justification, FRA
modified its proposed web-based form
(Form FRA F 6180.177) to require host
railroads to identify the number of PTC
system initialization failures, cut outs,
and malfunctions by subdivision 12 only
(and not by state), which FRA believes
will still enable FRA to closely monitor
trends in PTC system reliability
throughout the country and focus its
resources, for example, on any areas
where such failures are occurring at a
high rate.
Also, based on railroads’ input at
industry meetings, FRA proposed in its
60-day notice that a Statutory
Notification of PTC System Failures
(Form FRA F 6180.177) would
additionally require a host railroad to
list a percentage or rate, demonstrating
how the occurrences of PTC system
initialization failures, cut outs, and
malfunctions compare to all operations
on that host railroad’s PTC-governed
main lines.13 See 84 FR at 72125. Several
consistent with the railroad’s PTCDP.’’ Class I
railroads have explained that an unintended
braking event could lead to a derailment or another
unsafe situation, and such unintended enforcement
by the PTC system would indicate that the PTC
system malfunctioned in some way.
11 FRA’s 60-day notice acknowledged that absent
a breakdown by state and/or subdivision, FRA
would require host railroads to identify the number
of PTC system initialization failures, cut outs, and
malfunctions per FRA region, at a minimum. FRA
explained that such an approach would retain the
same minimum level of geographical information
about where such PTC system failures are
occurring, as explicitly required under the default
reporting requirement under 49 U.S.C. 20157(j)(4).
12 Or any other categorization a host railroad uses
in its timetables, including district, territory, main
line, branch, or corridor. FRA recognizes that this
specific type of information (i.e., a breakdown by
subdivision) is not required under 49 U.S.C.
20157(j)(4), and FRA would be collecting such
information under its general authority under 49
CFR 236.1009(h).
13 FRA recognizes that this specific type of
information is not required under 49 U.S.C.

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railroads previously commented that,
without such a percentage or context,
the frequency of these failures might
otherwise seem high, and a percentage
would help convey the actual rate of
such failures. In its February 28, 2020,
comments, AAR specifically suggests
that to ‘‘keep the report of PTC system
initialization failures, cut outs, and
malfunctions in perspective,
particularly if comparing individual
railroads, it would be useful to
normalize results between railroads.’’
Similarly, in APTA’s letter dated
February 28, 2020, APTA requests that
FRA identify the applicable
denominator(s) to utilize when
calculating the rate of PTC system
initialization failures, cut outs, and
malfunctions.
APTA recommends that the quotient
of mean-time/distance-between-failure
would be an appropriate measure, if the
intent of the percentage field is to
monitor a PTC system’s reliability.
While FRA agrees that this specific data
point is valuable, FRA believes that
more tailored denominators would be
useful for purposes of the three types of
PTC system failures referenced in 49
U.S.C. 20157(j)(4)—i.e., failures to
initialize, cut outs, and malfunctions.
However, railroads can also provide any
additional data or metrics, including the
quotient of mean-time/distancebetween-failure, in the narrative section
of the web-based form.
AAR’s comments recommend two
distinct denominators for the three
types of PTC system failures identified
in 49 U.S.C. 20157(j)(4). FRA agrees
with AAR that the appropriate
denominator with respect to
initialization failures would be ‘‘the
number of scheduled attempts at
initialization.’’ In the proposed
Statutory Notification of PTC System
Failures (Form FRA F 6180.177), FRA
now provides a field for host railroads
to provide the total number of
scheduled attempts at PTC system
initialization during the applicable
reporting period. As AAR recommends,
FRA will calculate the percentage or
rate by dividing the host railroad’s
number of failures to initialize, as
defined above, by the total number of
scheduled attempts at PTC system
initialization during the reporting
period.
With respect to PTC system cut outs
and malfunctions, AAR recommends
that the appropriate denominator would
be ‘‘the number of train miles operated
with PTC active’’ and, for arithmetic
20157(j)(4), and FRA would be collecting such
information under its general authority under 49
CFR 236.1009(h).

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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
purposes, suggests expressing the
number in thousands of train miles. In
its comments, AAR also notes that
‘‘AAR’s members would be amenable to
including in the report data on PTC
train miles.’’ FRA will include a field in
the web-based form for host railroads to
provide that raw denominator (i.e., the
total number of PTC-required train
miles), and FRA will calculate the rate
of cut outs and malfunctions, utilizing
that raw denominator. FRA believes that
providing fields for railroads to enter
such raw denominators, instead of
percentages or rates, will help ensure
FRA accurately interprets railroads’
data, especially when comparing
multiple railroads’ data or a single
railroad’s data to its own prior
notifications of PTC system
initialization failures, cut outs, and
malfunctions.
In addition, at industry meetings to
date, multiple railroads expressed that
FRA should not require tenant railroads
to submit this failure-related
information directly to FRA, but via
their host railroads. Accordingly, FRA’s
60-day notice proposed that only host
railroads subject to the statutory
mandate (currently 36 host railroads)
would submit the Statutory Notification
of PTC System Failures (Form FRA F
6180.177), and these notifications
would encompass both a host railroad’s
and its tenant railroad(s)’ PTC system
initialization failures, cut outs, and
malfunctions. See 84 FR at 72125–26.
In AAR’s comments, dated February
28, 2020, AAR generally expressed
opposition to providing ‘‘tenant data’’
and noted that this requirement may be
‘‘burdensome, likely requiring host
railroads to devote significant employee
time to getting that information from
their tenants.’’ Specifically, AAR
commented, ‘‘If FRA is going to require
hosts to report tenant data, the agency
must impose a clear and direct
requirement on tenants to report the
desired information to their host
railroad.’’ In its comments, APTA also
acknowledges that a host railroad would
need to obtain ‘‘all necessary logs’’ from
its tenant railroads to accurately
complete the Statutory Notification of
PTC System Failures (Form FRA F
6180.177). FRA notes that an existing
regulatory provision, 49 CFR
236.1029(b)(4), would already require a
tenant railroad to report a PTC system
failure or cut out to ‘‘a designated
railroad officer of the host railroad as
soon as safe and practicable.’’ Also, FRA
is aware that several host railroads,
including Class I railroads and
passenger railroads, already regularly
monitor and track tenant railroads’ PTC
system initialization failures, cut outs,

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and malfunctions via automatically
generated reports and/or via connected
PTC system back offices.
Furthermore, AAR specifically ‘‘urges
FRA to exclude tenant information
when reporting percentages,’’ as
obtaining ‘‘tenant information on the
number of miles operated with PTC
active would likely be a particularly
burdensome and frustrating exercise for
host railroads. Finally, any reporting of
tenant data by host railroads should be
on a subdivision basis.’’ Based on AAR’s
feedback, FRA proposes to eliminate the
percentage column from the section of
the proposed Statutory Notification of
PTC System Failures (Form FRA F
6180.177) regarding tenant railroads’
PTC system initialization failures, cut
outs, and malfunctions. Acknowledging
AAR’s specific concern and APTA’s
general comments, FRA will instead
provide a field for a host railroad to
identify the total number of trains that
each PTC-required tenant railroad
operated on the host railroad’s PTCgoverned main lines during the
reporting period, instead of requiring a
host railroad to provide a tenant
railroad’s PTC train miles. Several host
railroads have previously acknowledged
that they can readily access and compile
such high-level data, including the
number of train movements during the
applicable reporting period, for each
PTC-required tenant railroad.
In APTA’s letter, dated February 28,
2020, APTA also inquired about
whether the web-based Statutory
Notification of PTC System Failures
(Form FRA F 6180.177) will be ‘‘used
for reporting post certification (Annual
and Critical anomalies).’’ The reporting
requirement under 49 U.S.C.
20157(j)(4)—as implemented by FRA’s
proposed Statutory Notification of PTC
System Failures (Form FRA F
6180.177)—applies only to FRAcertified PTC systems and is effective
only until approximately December 31,
2021.14 Furthermore, while FRA is open
to considering developing a web-based
form for purposes of 49 CFR
236.1029(h), Annual report of system
failures, that permanent regulatory
reporting requirement is separate and
distinct from FRA’s proposed Statutory
Notification of PTC System Failures
(Form FRA F 6180.177), which is
intended to implement only the
14 As noted above, the temporary reporting
requirement under 49 U.S.C. 20157(j)(4) sunsets on
approximately December 31, 2021—or more
specifically, one year after the last Class I railroad
obtains PTC System Certification from FRA and
finishes fully implementing an FRA-certified and
interoperable PTC system on all its required main
lines. See 49 U.S.C. 20157(j).

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temporary reporting requirement under
49 U.S.C. 20157(j)(4).
Finally, 49 U.S.C. 20157(j)(4)
explicitly requires a railroad to provide
in the notification ‘‘a description of the
safety measures the affected railroad
. . . has in place,’’ so the web-based
Statutory Notification of PTC System
Failures (Form FRA F 6180.177)
contains a field for a host railroad to
enter such information. FRA received
no comments on this aspect of the
proposed form.
IV. Overview of Information Collection
FRA will submit this ICR to OMB for
regular clearance as required by the
PRA.
Type of Request: Revision of a
currently approved information
collection.
Title: Positive Train Control and
Other Signal Systems (including the
Quarterly Positive Train Control
Progress Report, the Annual Positive
Train Control Progress Report, and the
Statutory Notification of Positive Train
Control System Failures).15
OMB Control Number: 2130–0553.
Form(s): FRA F 6180.165, FRA F
6180.166, and FRA F 6180.177.
Affected Public: Businesses.
Frequency of Submission: On
occasion (depending on the specific
reporting requirement).
Respondent Universe: 35 railroads 16
(including 32 host railroads and 3
tenant-only commuter railroads) for the
Quarterly PTC Progress Report (Form
FRA F 6180.165) and Annual PTC
Progress Report (Form FRA F 6180.166);
36 host railroads for the Statutory
Notification of PTC System Failures
(Form FRA F 6180.177); and varies for
other information collections under
OMB Control No. 2130–0553.
Total Estimated Annual Responses:
4,568,393.
Total Estimated Annual Burden:
68,373 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $5,533,356.
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.
15 FRA makes a technical correction to the title of
OMB Control Number 2130–0553.
16 Currently, 42 railroads are directly subject to
the statutory mandate to implement a PTC system.
However, only 35 railroads are currently subject to
these progress-related reporting requirements, given
that by law, such reporting requirements no longer
apply to the 4 host railroads that fully implemented
PTC systems as of December 31, 2018, and 3 other
tenant-only commuter railroads that fully
implemented their PTC systems to date.

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(Authority: 44 U.S.C. 3501–3520; 49 U.S.C.
20157)
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2020–05289 Filed 3–13–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2018–0114]

Deepwater Port License Application:
Texas Gulf Terminals Inc.

(Authority: 33 U.S.C. 1501 et seq., 49 CFR
1.93(h)).

Maritime Administration, U.S.
Department of Transportation.
ACTION: Notice of application
withdrawal.

Dated: March 11, 2020.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.

AGENCY:

The Maritime Administration
(MARAD) and the U.S. Coast Guard
(USCG) announce the cancellation of all
actions related to the processing of a
license application for the proposed
Texas Gulf Terminals Inc. (TGTI)
deepwater port. The action announced
here also includes cancellation of all
activities related to the deepwater port
application review and preparation of
an Environmental Impact Statement that
was announced on Friday, August 10,
2018, in Federal Register Volume 83
Number 39813 (Notice of Intent; Notice
of Public Meeting; Request for
Comments). The action is taken in
response to the applicant’s decision to
withdraw the application.
DATES: The cancellation of all actions
related to this deepwater port license
application was effective March 6, 2020.
ADDRESSES: The public docket for the
TGTI deepwater port license application
is maintained by the U.S. Department of
Transportation, Docket Management
Facility, West Building, Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590. The
docket may be viewed electronically at
www.regulations.gov under the docket
number for this project, which is
MARAD–2018–0114. The Federal
Docket Management Facility’s telephone
number is 202–366–9317 or 202–366–
9826, the fax number is 202–493–2251.
FOR FURTHER INFORMATION CONTACT: Mr.
Roddy Bachman, USCG, telephone:
202–372–1451, email:
[email protected]; or Ms.
Yvette Fields, MARAD, telephone: 202–
366–0926, email: [email protected].
SUPPLEMENTARY INFORMATION: On
February 28, 2020, MARAD received
notification from the applicant, TGTI, of
the withdrawal of its application to
own, construct, and operate an oil
export deepwater port facility, located
SUMMARY:

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approximately 12.7 nautical miles off
the coast of Corpus Christi, Texas in a
water depth of approximately 93 feet.
Consequently, MARAD has terminated
all activities pertaining to TGTI’s
deepwater port license application. All
agency records and documents related
to the TGTI deepwater port license
application will be preserved and
retained by MARAD and USCG. Further
information pertaining to this
application may be found in the public
docket (see ADDRESSES).

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[FR Doc. 2020–05343 Filed 3–13–20; 8:45 am]
BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the Department’s
performance; (b) the accuracy of the
estimated burden; (c) ways for the
Department to enhance the quality,
utility and clarity of the information
collection; and (d) ways that the burden
could be minimized without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
FOR FURTHER INFORMATION CONTACT:

Mike Yarrington, 202–366–1915,
Director, Office of Marine Insurance,
Maritime Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590.
SUPPLEMENTARY INFORMATION:

Maritime Administration
[Docket No. MARAD–2020–0019]

Request for Comments on the
Approval of a Previously Approved
Information Collection: Approval of
Underwriters for Marine Hull Insurance
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

The Maritime Administration
(MARAD) invites public comments on
our intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information is needed in
order for Maritime Administration
officials to evaluate the underwriters
and determine their suitability for
providing marine hull insurance on
Maritime Administration vessels. We
are required to publish this notice in the
Federal Register by the Paperwork
Reduction Act of 1995.
DATES: Comments must be submitted on
or before May 15, 2020.
ADDRESSES: You may submit comments
[identified by Docket No. MARAD–
2020–0019] through one of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Search using the
above DOT docket number and follow
the online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
SUMMARY:

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Title: Approval of Underwriters for
Marine Hull Insurance.
OMB Control Number: 2133–0517.
Type of Request: Renewal of a
previously approved collection.
Abstract: This collection of
information involves the approval of
marine hull underwriters to insure
Maritime Administration program
vessels. Foreign and domestic
applicants will be required to submit
financial data upon which Maritime
Administration approval would be
based.
Respondents: Marine insurance
brokers and underwriters of marine
insurance.
Affected Public: Business or other for
profit.
Estimated Number of Respondents:
66.
Estimated Number of Responses: 66.
Estimated Hours per Response: 1.35
hours.
Annual Estimated Total Annual
Burden Hours: 49.
Frequency of Response: Annually.
(Authority: The Paperwork Reduction Act of
1995; 44 U.S.C. Chapter 35, as amended; and
49 CFR 1.93.)

*

*

*

*

*

Dated: March 11, 2020.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020–05320 Filed 3–13–20; 8:45 am]
BILLING CODE 4910–81–P

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