Dec. 28, 2020 FR Notice (30-Day)

Dec 28 2020 FR 30-Day.pdf

Railroad Operating Rules

Dec. 28, 2020 FR Notice (30-Day)

OMB: 2130-0035

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operation of unnecessary hardware and
reduce delays to trains caused by
failures of the signals.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave., SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
February 11, 2021 will be considered by
FRA before final action is taken.
Comments received after that date will
be considered if practicable. Anyone
can search the electronic form of any
written communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.

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Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–28557 Filed 12–23–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–31]

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

SUMMARY: 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 September 11,
2020, 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 January
27, 2021.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration,
telephone: (202) 493–0440, email:
[email protected].
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

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through 1320.12. On September 11,
2020, FRA published a 60-day notice in
the Federal Register soliciting comment
on the ICR for which it is now seeking
OMB approval. See 85 FR 56286. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve the proposed collection 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.
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 Operating Rules.
OMB Control Number: 2130–0035.
Abstract: The collection of
information associated with Title 49
Code of Federal Regulations (CFR) parts
217 and 218, Railroad Operating Rules
and Practices, requires railroads to file
with FRA copies of their operating
rules, timetables, timetable special
instructions, and subsequent
amendments. The regulations also
require railroads to retain copies of
these documents at their systems
headquarters and make these documents
available to FRA upon request.

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Through these requirements, FRA learns
of operating rules and practices for
trains and instructions railroads provide
their employees on operating practices.

Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): N/A.

Respondent Universe: 765 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:1

CFR section 2

Respondent universe

Total annual responses

Average time
per response

217.7(a)—Operating rules; filing and recordkeeping—Filing of code of operating
rules, timetables, and timetable special
instructions by Class Is, Class IIs, Amtrak, and commuter railroads with FRA.
—(b) Amendments to code of operating
rules, timetables, and timetable special instructions by Class Is, Class
IIs, Amtrak, and commuter railroads
with FRA.
—(c) Class III and other railroads—
Copy of code of operating rules,
timetables, and timetable special instructions at system headquarters.
—(c) Class III and other railroads—
Amendments to code of operating
rules, timetables, and timetable special instructions at system headquarters.
217.9(b)(2)—Program of operational tests
and inspections; recordkeeping—Written
records documenting qualification of each
railroad testing officer.
—(c) Written program of operational
tests and inspections.
—(d)(1) Records of operational tests/inspections.

2 new railroads .........

2 documents .............

1 hour ............

2

$154

53 railroads ...............

312 revised documents.

20 minutes .....

104

8,008

2 new railroads .........

2 documents .............

1 hour ............

2

154

798 railroads .............

1,596 copies .............

15 minutes .....

399

30,723

765 railroads .............

4,732 records ............

2 minutes .......

158

12,166

2 new railroads .........

2 programs ................

10 hours .........

20

2,300

765 railroads .............

5 minutes .......

760,000

58,520,000

—(d)(2) Railroad copy of current program operational tests/inspections—
Amendments.
—(e)(1)(i) Written quarterly review of
operational tests/inspections by RRs
other than passenger RRs.
—(e)(1)(ii) 6-month review of operational tests/inspections/naming of
officer.
—(e)(2) 6-month review by passenger
railroads designated officers of operational testing and inspection data.
—(e)(3) Records of periodic reviews ....
—(f)–(g) Annual summary of operational tests and inspections.
—(h)(1)(i) RR amended program of
operational tests/inspections.
—(h)(1)(ii) FRA disapproval of RR program of operational tests/inspections
and RR written response in support
of program.
217.11(a)—RR periodic instruction of employees on operating rules—New railroads.
217.11(b)—RR copy of program amendments for periodic instruction of employees.
218.95(a)(5)–(b)—Instruction, training, examination—Employee completed test
records.

53 railroads ...............

9,120,000 test
records and updates.
159 program revisions.

70 minutes .....

186

14,322

7 Class I railroads +
Amtrak.

32 reviews .................

2 hours ...........

64

4,928

7 Class I railroads .....

14 reviews .................

2 hours ...........

28

2,156

35 Amtrak + passenger railroads.

70 reviews .................

2 hours ...........

140

10,780

50 railroads ...............
50 railroads ...............

116 records ...............
50 summary records

1 minute .........
1 hour ............

2
50

154
3,850

765 railroads .............

6 revised programs ...

30 minutes .....

3

231

765 railroads .............

6 supporting documents.

1 hour ............

6

462

2 new railroads .........

2 written programs ....

8 hours ...........

16

1,232

765 railroads .............

110 modified written
programs.

30 minutes .....

55

4,235

765 railroads .............

85,600 employee
records.

1 minute .........

1,427

109,879

1 FRA provides a revised PRA table that includes
updated burdens associated with §§ 217.11, 218.95,
and 218.97. The estimates have been updated after
an internal review.
2 Note: The current inventory estimates a total
burden of 4,791,614 hours while the requesting
inventory estimates a total burden of 763,236 hours.

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There is no change in the method of the collection.
However, FRA determined some of the estimates
were double counted and/or outdated, while other
estimates were not PRA requirements, thus leading
to the increased figures in the current inventory,
which were decreased accordingly in this notice.
Also, totals may not add due to rounding.

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Total annual
burden hours

Total cost
equivalent 3

3 The dollar equivalent cost is derived from the
Surface Transportation Board’s Full Year Wage A&B
data series using the appropriate employee group
hourly wage rate that includes a 75-percent
overhead charge. The hourly wage rate used is $77
per hour ($44.27 * 1.75 = $77).

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CFR section 2

Respondent universe

Total annual responses

Average time
per response

—(c)(1)(i) Amended RR program of instruction, testing, examination.
218.97(b)(4)—RR copy of good faith challenge procedures.
218.97(c)(1) and (4)—RR employee good
faith challenge of RR directive.
—(c)(5) RR resolution of employee
good faith challenge.
—(d)(1) RR officer immediate review of
unresolved good faith challenge.
—(d)(2) RR officer explanation to employee that Federal law may protect
against employer retaliation for refusal to carry out work if employee
refusal is a lawful, good faith act.
—(d)(3) Employee written/electronic
protest of employer final decision.
—(d)(3) Employee copy of protest ........
—(d)(4) Employer further review of
good faith challenge after employee
written request.
—(d)(4) RR verification decision to employee in writing.
—(e) Recordkeeping and record retention—Employer’s copy of written procedures at division headquarters.
218.99(a)—Shoving or pushing movement—RR operating rule complying with
section’s requirements.
218.101(a)–(c)—Leaving equipment in the
clear—Operating rule that complies with
this section.
218.103(a)(1)—Hand-Operated Switches—
Operating Rule that Complies with this
section.

765 railroads .............

5 amended programs

30 minutes .....

3

231

765 railroads .............

6 minutes .......

473

36,421

15 minutes .....

3

231

2 new railroads .........

4,732 copies to new
employees.
10 good faith challenges.
5 responses ..............

15 minutes .....

1

77

2 new railroads .........

3 reviews ...................

30 minutes .....

2

154

2 new railroads .........

3 answers .................

15 minutes .....

1

77

2 new railroads .........

3 written protests ......

15 minutes .....

1

77

2 new railroads .........
2 new railroads .........

3 copies ....................
2 further reviews .......

1 minute .........
15 minutes .....

0.1
0.5

8
39

2 new railroads .........

2 decisions ................

15 minutes .....

0.5

39

765 railroads .............

765 copies ................

5 minutes .......

64

4,928

2 new railroads .........

2 rule modifications ...

1 hour ............

2

154

2 new railroads .........

2 rule modifications ...

30 minutes .....

1

77

2 new railroads .........

2 rule modifications ...

30 minutes .....

1

77

Total .......................................................

765 railroads .............

9,348,371 responses

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

763,236

58,770,040

Total Estimated Annual Responses:
9,348,371.
Total Estimated Annual Burden:
763,236 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $58,770,040.
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 a
respondent is not required to respond
to, conduct, or sponsor a collection of
information that does not display a
currently valid OMB control number.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020–28472 Filed 12–23–20; 8:45 am]

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10 workers ................

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0095]

Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 Code of
Federal Regulations (CFR) and 49 U.S.C.
20502(a), this document provides the
public notice that on December 4, 2020,
Norfolk Southern Corporation (NS)
petitioned the Federal Railroad
Administration (FRA) seeking approval
to discontinue or modify a signal
system. FRA assigned the petition
Docket Number FRA–2020–0095.
Applicant: Norfolk Southern
Corporation, T.A. Phillips, Senior
Director—C&S Engineering, 1200
Peachtree Street NE, Atlanta, GA 30309.
Specifically, NS requests permission
to discontinue a traffic control system
(TCS) from milepost (MP) V 327 (PD
Junction) to V 381.8 (Maben) on the
Princeton-Deepwater line of the
Pocahontas Division. This area includes
control points (CPs) at Ambrose, Beggs,

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Total annual
burden hours

Total cost
equivalent 3

Princeton, Rock, Weyanoke, Clark Gap,
Algoquin, Herndon, Alpoca, CP No. 1
Crossover, Elmore, Gulf Junction,
Virwest, Maben, and nine automatic
signals. An operative approach signal
will be placed at MP V 329.4 in
approach to the CP PD Junction. All
slide fences within the application
limits will also be retired. The main
track between MP V 327 and MP V
381.8 will be converted to NS Rule 171
operation. The signaled sidings within
the application limits will be made noncontrolled, other than main track.
NS states that operations in this area
no longer require a TCS.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,

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