March 24, 2023, 60-Day Federal Register Notice

March 24, 2023 60-Day FRN.pdf

Risk Reduction Program

March 24, 2023, 60-Day Federal Register Notice

OMB: 2130-0610

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17919

Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices
REPORTING BURDEN—Continued
CFR section

Respondent universe

—(b)(2) Improvement plans found deficient
by FRA and requiring amendment.

33 passenger rail operations + 1 new passenger rail operation.
33 passenger rail operations + 1 new passenger rail operation.

—(b)(3) Status report to FRA of implementation of improvements set forth in the improvement plan.

Average time
per response

Total annual
burden hours

Total cost equivalent in
U.S. dollar

(A)

(B)

(C = A * B)

(D = C * wage rates) 2

2.00 amended plans ....

10 hours ...........

20.00 hours ......

1,558.20

2.00 reports .................

4 hours .............

8.00 hours ........

623.28

Subpart E—Fatigue Risk Management Programs.

The estimated paperwork burden for this regulatory requirement is covered under OMB Control Number 2130–
0633.

Appendix B—Additional documents provided to
FRA upon request.

33 passenger rail operations + 1 new passenger rail operation.
33 passenger rail operations + 1 new passenger rail operation.

4.00 documents ...........

15 minutes .......

1.00 hour ..........

77.91

2.00 written requests ...

15 minutes .......

.50 hour ............

38.96

33 passenger rail operations + 1 new passenger rail operation.

767 responses .............

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

1,891 hours ......

153,019

Appendix C—Written requests to file required
submissions electronically.
Totals 3 ..........................................................

Total Estimated Annual Responses:
767.
Total Estimated Annual Burden:
1,891 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $153,019.
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 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. 2023–06082 Filed 3–23–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–4]

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, FRA seeks
approval of the Information Collection

SUMMARY:

lotter on DSK11XQN23PROD with NOTICES1

Total annual responses

2 The dollar equivalent cost is derived from the
2021 Surface Transportation Board Full Year Wage
A&B data series using the appropriate employee
group hourly wage rate that includes a 75-percent
overhead charge.
3 Totals may not add due to rounding.

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Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before May 23,
2023.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2023–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0610) in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
[email protected] or
telephone: (571) 609–1285, or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(757) 897–9908.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days’ notice to the public to
allow comment on information
collection activities before seeking OMB
approval of the activities. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through
1320.12. Specifically, FRA invites
interested parties to comment on the

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following ICR regarding: (1) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities 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 for FRA to
minimize the burden of information
collection activities on the public,
including the use of automated
collection techniques or other forms of
information technology. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1).
FRA believes that soliciting public
comment may reduce the administrative
and paperwork burdens associated with
the collection of information that
Federal regulations mandate. In
summary, FRA reasons that comments
received will advance three objectives:
(1) reduce reporting burdens; (2)
organize information collection
requirements in a ‘‘user-friendly’’ format
to improve the use of such information;
and (3) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Risk Reduction Program.
OMB Control Number: 2130–0610.
Abstract: In 2020, FRA issued a final
rule 1 that requires each Class I freight
railroad and each freight railroad with
inadequate safety performance (ISP) to
1 85

FR 9262 (Feb. 18, 2020).

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Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices

develop and implement a Risk
Reduction Program (RRP) to improve
the safety of its operations. RRP is a
comprehensive, system-oriented
approach to safety that determines a
railroad operation’s level of risk by
identifying and analyzing applicable
hazards, and develops plans to mitigate,
if not eliminate, that risk. Each railroad
has flexibility to tailor an RRP to its
specific railroad operations. Each
railroad must implement its RRP under
a written, FRA-approved RRP plan and
conduct an annual internal assessment
of its RRP, with FRA also auditing
railroads’ RRPs.
The information collected under this
regulation will be used by railroads, and
FRA, to improve safety through
structured, proactive processes that

systematically evaluate railroad safety
hazards on their systems and manage
the risks associated with those hazards
to help reduce the number and rates of
railroad accidents/incidents, injuries,
and fatalities.
In this 60-day notice, FRA has made
multiple adjustments to its estimated
paperwork burden, resulting in a
reduction of 1,131 hours, from 61,825
hours in the current inventory to 60,694
hours in the requested inventory. The
primary reason for the reduction in the
estimated paperwork burden is the
expected decrease in the number of
responses. Specifically, all Class I
freight railroads have already submitted
their RRP plans, leading to a decrease in
the overall PRA burden, resulting in no
anticipated submissions under certain
Respondent
universe

CFR section

Total annual
responses

Average time
per response

Total annual
burden hours

Total cost
equivalent
in U.S.
dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 2

271.13(c)—Determination of inadequate safety performance
(ISP)—Qualitative assessment—Notice to employees of
possible ISP identification by FRA.
—Employee confidential comments to FRA regarding RR
possible ISP identification.
—RR Documentation to FRA refuting possible ISP identification.
—(f) and (g) Petition for reconsideration of ISP determination
and petition to discontinue compliance with this part.

15 railroads .............

5.00 notices .............

3 hours ....................

15.00

$1,168.65

125 employees .......

5.00 comments .......

30 minutes ..............

2.50

194.78

15 railroads .............

5.00 documents ......

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

40.00

3,116.40

15 railroads .............

.67 petition ..............

16 hours ..................

10.72

835.20

271.101—Risk Reduction Programs (RRPs)—Class I railroads.

The estimated paperwork burden for this regulatory requirement is covered under §§ 271.103,
271.105, 271.107, 271.109, and 271.111.

271.103—RRP hazard management program (HMP) ..............
271.105—RRP safety performance evaluation (SPE): surveys/evaluations.

7 railroads ...............
7 railroads ...............

271.107—Safety Outreach—communications/reports ..............

7 railroads ...............
7 railroads ...............
7 railroads ...............

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regulatory sections. This reduction in
Class I submissions, reduced by 1,075
hours, significantly contributed to the
overall decrease in the estimated
paperwork burden hours in the
requested inventory. FRA has uploaded
a table on regulations.gov, under Docket
No. FRA–2023–0002 which displays all
the burden adjustments.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 7 Class I and 15
ISP railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

2.33 HMP analyses
2.33 SPE evaluations.
2.33 assessments ...
44,333.00 communications.
28.00 communications.
2.33 reports .............

3,360 hours ............
147 hours ................

7,838.80
342.51

609,941.81
26,684.95

1,060.15 hours .......
1 hour .....................

2,470.15
44,333.00

192,449.39
2,636,040.18

30 minutes ..............

14.00

1,090.74

10 hours .................

23.30

1,815.30

1,400.00 records of
3 minutes ................
trained employees.

70.00

5,453.70

271.109—Technology analysis and technology implementation plans.
271.111—RRP implementation training—programs/training,
employees/records.

7 railroads ...............

271.113—Involvement of RR employees .................................

The estimated paperwork burden for this regulatory requirement is covered under §§ 271.401 and
271.405.

271.101(c)—Communication by Class I RRs that host passenger train services with RRs subject to FRA System
Safety Program Requirements.
—(d) Identification/communication w/entities performing/utilizing significant safety-related services—Class I RRs.
—RR Identification/further communication with contractors
performing/utilizing significant safety related services—
Class I RRs.

7 railroads ...............

40.00 communica2 hours ....................
tions/consultations.

80.00

6,232.80

7 railroads ...............

212.00 communica1 hour .....................
tions/consultations.
1,488.00 commu1 hour .....................
nications/consultations.

212.00

16,516.92

1,488.00

115,930.08

271.101(a)—Risk Reduction Programs (RRPs)—ISP railroads

The estimated paperwork burden for this regulatory requirement is covered under §§ 271.103,
271.105, 271.107, 271.109, and 271.111.

271.103—RRP hazard management program (HMP) ..............
271.105—RRP safety performance evaluation (SPE): surveys/evaluations.

15 railroads .............
15 railroads .............

5.00 HMPs ..............
5.00 surveys ............

240 hours ...............
14.73 hours .............

1,200.00
73.65

93,492.00
5,738.07

15 railroads .............
15 railroads .............

5.00 SPEs ...............
5.00 communications.
5.00 reports .............

51.11 hours .............
1 hour .....................

255.55
5.00

19,909.90
297.30

3 hours ....................

15.00

1,168.65

7 railroads ...............

7 railroads ...............

271.107—Safety Outreach—communications/reports ..............

15 railroads .............
2 The dollar equivalent cost is derived from the
2021 Surface Transportation Board Full Year Wage

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A&B data series using the appropriate employee

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group hourly wage rate that includes a 75-percent
overhead charge.

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17921

Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices
Respondent
universe

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CFR section

Total annual
responses

Average time
per response

Total annual
burden hours

Total cost
equivalent
in U.S.
dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 2

271.109—Technology analysis and technology implementation plans.
271.111—RRP implementation training—Records (Note: The
associated burdens related to training were appropriately
calculated as economic costs of the regulatory requirement.).

15 railroads .............

5.00 plans ...............

5 hours ....................

25.00

1,947.75

15 railroads .............

50.00 records of
3 minutes ................
trained employees.

2.50

194.78

271.113—Involvement of RR employees .................................

The estimated paperwork burden for this regulatory requirement is covered under subparts B and E
of part 271.

271.101(d)—ISPs—Identification/communication w/entities
performing significant safety-related services.

15 railroads .............

271.201/203—Written risk reduction program plans (RRP
plans)—Adoption and implementation of RRP plans—Class
I.

The PRA burden associated with this requirement has been completed.

—Written RRP plans—ISP RRs ...............................................

15 railroads .............

271.207—RR Good faith consultation w/directly affected employees—Class I RRs.

The PRA burden associated with this requirement has been completed.

—RR Notification to non-represented employees of consultation meeting—Class I RRs.

The PRA burden associated with this requirement has been completed.

—RR Good faith consultations/notices: ISP RRs .....................

15 railroads .............

—Submission of detailed consultation statements along w/
RRP plans by Class I RRs.

The PRA burden associated with this requirement has been completed.

—Submission of detailed consultation statements along w/
RRP plan by ISPs.

15 railroads .............

—Copy of RRP plan—Class I RRs + ISP RRs ........................

The PRA burden associated with this requirement has been completed.

—Consultation Statement to Service List Individuals—Class I
RRs + ISP RRs.

The PRA burden associated with this requirement has been completed.

—Statements from directly affected employees—Class I RRs

The PRA burden associated with this requirement has been completed.

—Statements from directly affected employees—ISP RRs .....
271.209—Substantive amendments to RRP plan—Class I
RRs.
—Substantive amendments to RRP plan—ISP RRs ...............

15 railroads .............
7 railroads ...............
15 railroads .............

271.301—Filing of RRP plan w/FRA—Class I RRs .................

The PRA burden associated with this requirement has been completed.

—Filing of RRP plan w/FRA—ISP RRs ....................................

15 railroads .............

—Class I RR corrected RRP plan ............................................

The PRA burden associated with this requirement has been completed.

—FRA requested Class I RR consultation with directly affected employees regarding substantive corrections/
changes to RRP plan.

The PRA burden associated with this requirement has been completed.

—ISP RR corrected RRP plan ..................................................
—FRA requested ISP RR further consultation with directly affected employees regarding substantive amendment to
RRP plan.
271.303—Amendments consultation w/directly affected employees on substantive amendments to RRP plan—Class I
RRs and ISP RRs.
—Employee statement to FRA on RR RRP plan substantive
amendments where agreement could not be reached.
—Filed amended RRP plan—Class I RRs ...............................
—Filed amended RRP plan—ISP RRs ....................................
—Amended RRP plan disapproved by FRA & requested correction—Class I RRs and ISPs.
271.307—Retention of RRP plans—Copies of RRP plan/
amendments by RR at system/division headquarters—
Class I and ISP RRs.
217.401/403—Annual internal assessment/improvement
plans—Class I RRs.

15 railroads .............
15 railroads .............

1.00 RRP plan ........
1.00 consult/statement.

22 railroads (Class I
+ ISP).

—Annual internal assessment/improvement plans—ISP RRs

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10.00

779.10

480.00

37,396.80

100.00

7,791.00

200.00

15,582.00

1 hour .....................
8 hours ....................

12.00
8.00

934.92
623.28

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

5.36

417.60

10.00

779.10

2 hours ....................
1 hour .....................

2.00
1.00

155.82
77.91

2.00 consults ...........

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

2.00

155.82

22 railroads (Class I
+ ISP).
7 railroads ...............
15 railroads .............
22 railroads (Class I
+ ISP).
22 railroads (Class I
+ ISP).

2.00 employee
statements.
1.00 plan .................
.67 plan ...................
1.00 corrected RRP
plan.
2.00 plan copies ......

30 minutes ..............

1.00

77.91

30 minutes ..............
30 minutes ..............
2 hours ....................

.50
.34
2.00

38.96
26.49
155.82

10 minutes ..............

.33

25.71

7 railroads ...............

7.00 assessments/
improvement
plans.
5.00 assessments/
improvement
plans.

120 hours ...............

840.00

65,444.40

32 hours .................

160.00

12,465.60

22 railroads .............

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Fmt 4703

5.00 communica2 hours ...................
tions/consultations.

5.00 RRP plans .......

5.00 consults/notices

5.00 consults/statements.

12.00 statements ....
1.00 amended written plan.
.67 amended written
plan.

5.00 filed plans ........

Sfmt 4703

96 hours .................

20 hours .................

40 hours .................

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

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Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices
Respondent
universe

CFR section

Average time
per response

Total annual
burden hours

Total cost
equivalent
in U.S.
dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 2

271.405—Internal assessment report copy to FRA—Class I
RRs.
—Internal assessment submit copy to FRA within 60 days of
completion—ISP RRs.
271.501/.503—External audits—Response to FRA’s written
notice (Note: The associated burdens related to audit were
appropriately calculated as economic costs of the regulatory requirement.).

7 railroads ...............

7.00 reports .............

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

56.00

4,362.96

22 railroads .............

5.00 reports .............

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

10.00

779.10

22 railroads .............

7.33 responses .......

4 hours ....................

29.32

2,284.32

Appendix A—Request by FRA for additional information/documents to determine whether railroad has met good faith
and best effort consultation requirements of section
271.207.

The PRA burden associated with this requirement has been completed.

—Further railroad consultation w/employees after determination by FRA that railroad did not use good faith/best efforts.

The PRA burden associated with this requirement has been completed.

—Meeting to discuss administrative details of consultation
processes during the time between initial meeting and applicability date—Class I RRs.

The PRA burden associated with this requirement has been completed.

—Meeting to discuss administrative details of consultation
processes during the time between initial meeting and applicability date—ISP RRs.
—Notification to non-represented employees of good faith
consultation process—ISP RRs.
—Draft RRP plan proposal to employees—ISP RRs ...............

15 railroads .............

7.00 meetings/
consults.

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

7.00

545.37

15 railroads .............

600.00 notices .........

15 minutes ..............

150.00

11,686.50

15 railroads .............

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

40.00

3,116.40

—Employee comments on RRP plan draft proposal ................

2,000 employees ....

20.00 proposals/copies.
60.00 comments .....

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

60.00

4,674.60

Subpart G—Fatigue Risk Management Programs ...................

The estimated paperwork burden for this regulatory requirement is covered under OMB Control Number 2130–0633.

Appendix B—Request to FRA for electronic submission or
FRA review of written materials.

FRA anticipates zero railroad submissions during this 3-year ICR period.

Totals 3 ...............................................................................

Total Estimated Annual Responses:
48,374.
Total Estimated Annual Burden:
60,694 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $3,910,597.
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 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. 2023–06084 Filed 3–23–23; 8:45 am]
BILLING CODE 4910–06–P

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Total annual
responses

3 Totals

may not add due to rounding.

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22 railroads .............

48,374 responses ...

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–6]

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, FRA will
seek approval of the Information
Collection Request (ICR) abstracted
below. Before submitting this ICR to the
Office of Management and Budget
(OMB) for approval, FRA is soliciting
public comment on specific aspects of
the activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before May 23,
2023.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
SUMMARY:

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Fmt 4703

Sfmt 4703

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

60,694

3,910,597

to the docket, Docket No. FRA–2023–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0560) in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
[email protected] or
telephone: (571) 609–1285 or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(757) 897–9908.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days’ notice to the public to
allow comment on information
collection activities before seeking OMB
approval of the activities. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8–1320.12.

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