Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment

Forms and Documents

Document Name	Status
2130-0008_Brakes I Final rule_Supporting Justification.docx Supporting Statement A	2020-12-11
49 U.S.C. 20101.doc Supplementary Document	2015-08-06
49 U.S.C. 20103.doc Supplementary Document	2015-08-06
49 CFR 1.49 (4-10).doc Supplementary Document	2011-10-24
49 CFR 232.doc Supplementary Document	2006-10-13
49 CFR 229.27 & 231.31.doc Supplementary Document	2006-10-13

IC Document Collections

IC ID	Document Title	Status
26372	Brake System Safety Standards	Modified

ICR Details

OMB Control No: 2130-0008	ICR Reference No: 202012-2130-004
Status: Received in OIRA	Previous ICR Reference No: 201810-2130-006
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/11/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2022
Responses	5,345,581	30,525,348
Time Burden (Hours)	333,682	1,080,245
Cost Burden (Dollars)	60,530	60,530

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Abstract: FRA is revising its regulations governing brake inspections, tests, and equipment. The changes include the incorporation of relief from various provisions provided in long-standing waivers related to single car air brake tests, end-of-train devices, helper service, and brake maintenance. FRA is also extending the time that freight rail equipment can be “off-air” before requiring a new brake inspection. In addition, FRA is making various modifications to the existing brake-related regulations to improve clarity and remove outdated or unnecessary provisions. The information collected is used by locomotive engineers and train crews to verify that the terminal air brake test has been performed in an adequate manner. This collection of information is mandatory, and affects Class I, Class II, Class III, passenger and commuter railroads in the United States. Information collected is done on a quarterly, annual, and occasional basis. The collection of information involves both reporting and recordkeeping requirements. FRA uses the information collected under Part 232 to monitor and enforce railroad compliance with the rule's requirements. In particular, FRA examines required records to ensure railroads perform Class I train brake tests or single car brake tests as required and hat they are done satisfactorily. FRA reviews operating rules and practices to ensure that they require briefings of securement for any activity that will impact or require securement of any unattended equipment in the course of work being performed. FRA reviews required records to ensure that a qualified railroad employee inspects all equipment that an emergency responder has been on, under, or between for proper securement before the rail equipment or train is left unattended.

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Authorizing Statute(s): US Code: 49 USC 20103 Name of Law: Federal Railroad Safety Act of 1970
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2130-AC67	Final or interim final rulemaking	85 FR 80544	12/11/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Brake System Safety Standards

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,345,581	30,525,348	0	-1,246,109	-23,933,658	0
Annual Time Burden (Hours)	333,682	1,080,245	0	-14,851	-731,712	0
Annual Cost Burden (Dollars)	60,530	60,530	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This information collection request is a revision to the last approved submission. FRA is requesting a total burden of 333,682 hours and 5,345,581 responses. Overall, the burden for this submission has decreased by 746,563 hours and by 25,179,767 responses. The change in burden is due to program changes (a decrease) and adjustments (a decrease). FRA provided a thorough review of this package and determined many of the PRA estimates were overestimated and some estimates were not PRA requirements. For instance, the amount of time for recordkeeping has been reduced because the industry is using automated recordkeeping systems which is less burdensome. Additionally, there is no change in the costs to respondents. The specific information on any burden that has changed is reported under question 15 of the supporting justification.

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Annual Cost to Federal Government: $23,200

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/11/2020

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