June 21, 2023 30-Day Federal Register Notice

June 21, 2023 30-Day FRN.pdf

Risk Reduction Program

June 21, 2023 30-Day Federal Register Notice

OMB: 2130-0610

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
written statement to the committee at
any time.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–13102 Filed 6–20–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–11]

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, 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 March 24, 2023,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before July 21,
2023.
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 Review—Open for
Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
[email protected] or telephone:
(757) 897–9908 or arlette.mussington@
dot.gov or telephone: (571) 609–1285.
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.

lotter on DSK11XQN23PROD with NOTICES1

SUMMARY:

VerDate Sep<11>2014

18:36 Jun 20, 2023

Jkt 259001

See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On March 24, 2023,
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 88 FR
17919. FRA has received one comment
related to the proposed collection of
information. This commenter expressed
concerns about FRA’s estimated
paperwork burdens with respect to the
Risk Reduction Program (RRP), but did
not articulate in detail which burdens
were of concern. While FRA notes this
feedback, FRA’s stakeholder-informed
process re-evaluates the estimated
paperwork burdens periodically to
ensure accuracy and FRA’s subject
matter experts also analyze the updated
data to determine accurate estimates.
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: Risk Reduction Program.

PO 00000

Frm 00177

Fmt 4703

Sfmt 4703

40369

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
develop and implement a 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.
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. 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 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
regulatory sections.
As a result of the merger between the
Canadian Pacific and Kansas City
Southern railroads, Class I the
respondent universe was reduced from
seven to six Class I railroads. While the
individual burden remains the same, for
transparency, the burden table is being
re-published in this 30-day notice to
illustrate the updates made.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 6 Class I
railroads and 15 Class II or Class III
freight railroads demonstrating
inadequate safety performance.
Frequency of Submission: On
occasion.
Reporting Burden:
1 85

E:\FR\FM\21JNN1.SGM

FR 9262 (Feb. 18, 2020).

21JNN1

40370

Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices

lotter on DSK11XQN23PROD with NOTICES1

CFR section

Respondent universe

Total annual responses

Average
time per
responses

Total annual
burden
hours

Total cost equivalent
in U.S. dollar

(A)

(B)

(C = A * B)

(D = C * wage rates)

271.13(c)—Determination of inadequate safety performance (ISP)—Qualitative assessment—Notice to employees of possible ISP identification by FRA.
—(i)Employee confidential comments to FRA regarding
RR possible ISP identification.
—(ii)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 .......

125 employees ...............

5.00 comments ...............

30 minutes

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

5.00 documents ..............

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

0.67 petition ....................

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 (HMPs)
Class I.
271.105—RRP safety performance evaluation (SPEs):
evaluation/assessments—Class I.
271.107—Safety Outreach—communications/reporting
to senior management—Class I.

6 railroads .......................

2.33 HMPs analyses ......

3,360 hours

7,828.80

609,941.81

6
6
6
6

147 hours ...
1,060 hours
1 hour .........
30 minutes

342.51
2,470.15
44,333.00
14.00

26,684.95
192,449.39
2,636,040.18
1,090.74

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

6 railroads .......................

2.33 SPEs evaluation .....
2.33 assessments ..........
44,333.00 communications.
28.00 communications ...
2.33 reports ....................

10 hours .....

23.30

1,815.30

3 minutes ...

70.00

5,453.70

271.113—Involvement of RR employees—Class I ..........

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

271.101(c)—Communication by Class I 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.
—RR Identification/further communication with contractors performing/utilizing significant safety related services—Class I.

6 railroads .......................

40.00 communications/
consultations.

2 hours .......

80.00

6,232.80

6 railroads .......................

212.00 communications/
consultations.
1,488.00 communications/consultations.

1 hour .........

212.00

16,516.92

1 hour .........

1,488.00

115,930.08

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

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 (HMPs)
ISP.
271.105—RRP safety performance evaluation (SPEs):
survey/evaluation—ISP.
271.107—Safety Outreach—communications/reporting
to management—ISP.
271.109—Technology analysis and technology implementation plans—ISP.
271.111—RRP implementation training—Records ISP
RRs (Note: The associated burdens related to training
were appropriately calculated as economic costs of
the regulatory requirement.).

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

5.00 HMPs ......................

240 hours ...

1,200.00

93,492.00

15
15
15
15
15

5.00
5.00
5.00
5.00
5.00

15 hours .....
51 hours .....
1 hour .........
3 hours .......
5 hours .......

73.65
255.55
5.00
15.00
25.00

5,738.07
19,909.90
297.30
1,168.65
1,947.75

3 minutes ...

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 for Class I railroads has been completed.

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

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

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

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

(d)—Submission of detailed consultation statement
along w/RRP plan by Class I.

The PRA burden associated with this requirement for Class I railroads has been completed.

railroads
railroads
railroads
railroads

.......................
.......................
.......................
.......................

6 railroads .......................

6 railroads .......................

railroads
railroads
railroads
railroads
railroads

.....................
.....................
.....................
.....................
.....................

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

—Submission of detailed consultation statement along
15 railroads .....................
w/RRP plan by ISPs (Burden for plan copies included).
—Copy of RRP Plan—Class I .........................................

VerDate Sep<11>2014

18:36 Jun 20, 2023

Jkt 259001

1,400.00 records of
trained employees.

surveys ...................
SPEs ......................
communications .....
reports ....................
plans .......................

50.00 records of trained
employees.

5.00 communications/
consultations.

5.00 RRP plans ..............

5.00 consults/notices ......

5.00 consults/statements

15.00

$1,168.65

2.50

194.78

8 hours .......

40.00

3,116.40

16 hours .....

10.72

835.20

2 hours .......

96 hours .....

20 hours .....

40 hours .....

10.00

480.00

100.00

200.00

The PRA burden associated with this requirement for Class I railroads has been completed.

PO 00000

Frm 00178

Fmt 4703

Sfmt 4703

E:\FR\FM\21JNN1.SGM

21JNN1

779.10

37,396.80

7,791.00

15,582.00

40371

Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices

lotter on DSK11XQN23PROD with NOTICES1

CFR section

Respondent universe

Total annual responses

Average
time per
responses

Total annual
burden
hours

Total cost equivalent
in U.S. dollar

(A)

(B)

(C = A * B)

(D = C * wage rates)

—Consultation Statement to Service List Individuals—
Class I.

The PRA burden associated with this requirement for Class I railroads has been completed.

—Statements from directly affected employees—Class I
railroads.

The PRA burden associated with this requirement for Class I railroads has been completed.

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

15 railroads .....................
6 railroads .......................

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

The PRA burden associated with this requirement for Class I RRs has been completed.

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

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

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

The PRA burden associated with this requirement for Class I railroads has been completed.

—ISP railroad corrected RRP plan ..................................
—FRA requested ISP railroad 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 + ISP.
—Employee statement to FRA on railroad RRP plan
substantive amendment where agreement could not
be reached Class I + ISP.
271.303—Filed amended RRP plan—Class I railroads ..
—Filed amended RRP plan—ISP ....................................
—Amended RRP plan disapproved by FRA & requested
correction—Class I and ISPs.
271.307—Retention of RRP plans—Copies of RRP
Plan/Amendments by railroad at system/division headquarters —Class I + ISP.
217.401/403—Annual internal assessment/improvement
plans—Class I.
—Annual internal assessment/improvement plans—ISP

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

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

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

2.00
1.00

155.82
77.91

21 railroads (Class I +
ISP).

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

1 hour .........

2.00

155.82

21 railroads (Class I +
ISP).

2.00 employee statements.

30 minutes

1.00

77.91

6 railroads .......................
15 railroads .....................
21 railroads (Class I +
ISP).
21 railroads (Class I +
ISP).

1.00 plan .........................
0.67 plan .........................
1.00 corrected RRP plan

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

0.50
0.34
2.00

38.96
26.49
155.82

2.00 plan copies .............

10 minutes

0.33

25.71

6 railroads .......................

120 hours ...

840.00

65,444.40

32 hours .....

160.00

12,465.60

271.405—Copy of Internal assessment to FRA—Class I
—Copy of Internal assessment report to FRA—ISP .......
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.).

6 railroads .......................
15 railroads .....................
21 railroads .....................

7.00 assessments/improvement plans.
5.00 assessments/improvement plans.
7.00 reports ....................
5.00 reports ....................
7.33 responses ...............

8 hours .......
2 hours .......
4 hours .......

56.00
10.00
29.32

4,362.96
779.10
2,284.32

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

The PRA burden associated with this requirement for Class I railroads has been completed.

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

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

7.00 meetings/consults ...

1 hour .........

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

600.00 notices ................

15 minutes

15 railroads .....................
2,000 employees ............

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

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

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

VerDate Sep<11>2014

18:36 Jun 20, 2023

Jkt 259001

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

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

12.00 statements ............
1.00 amended written
plan.
0.67 amended written
plan.

5.00 filed plans ...............

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

12.00
8.00

934.92
623.28

8 hours .......

5.36

417.60

2 hours .......

10.00

779.10

7.00

545.37

150.00

11,686.50

40.00
60.00

3,116.40
4,674.60

60,694

3,910,597

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

PO 00000

Frm 00179

Fmt 4703

48,374 responses ...........

Sfmt 4703

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

E:\FR\FM\21JNN1.SGM

21JNN1

40372

Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices

Total Estimated Annual Responses:
48,374.
Total Estimated Annual Burden:
60,694.
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. 2023–13133 Filed 6–20–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–10]

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, 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 March 24, 2023,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before July 21,
2023.
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 Review—Open for
Public Comments’’ or by using the
search function.
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.

lotter on DSK11XQN23PROD with NOTICES1

SUMMARY:

VerDate Sep<11>2014

18:36 Jun 20, 2023

Jkt 259001

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 March 24, 2023,
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 88 FR
17917. FRA received no comments
related to the proposed collection of
information.
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: System Safety Program Plan.
OMB Control Number: 2130–0599.
Abstract: In 2020, FRA issued a final
rule 1 that requires passenger rail
operations to develop and implement a
system safety program (SSP) to improve
the safety of their operations.
FRA uses the information collected to
help ensure that commuter and intercity
passenger rail operations establish and
SUPPLEMENTARY INFORMATION:

implement SSPs to improve the safety of
their operations and to confirm
compliance with the rule. Each
passenger rail operation should use its
SSP to proactively identify and mitigate
or eliminate hazards and the resulting
risk on its system at an early stage to
reduce the number of railroad accidents,
incidents, and associated injuries,
fatalities, and property damage. A
passenger rail operation has the
flexibility to tailor an SSP to its specific
operations. An SSP must be fully
implemented within 36 months of
FRA’s approval of a passenger rail
operation’s submitted SSP plan. Under
the SSP regulation, FRA will audit a
passenger rail operation’s compliance
with its SSP plan and will use the
information collected to ensure
compliance with this regulation.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 33 passenger
rail operations + 1 new passenger rail
operation.
Frequency of Submission: On
occasion.
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. 2023–13131 Filed 6–20–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2023–0007 (Notice No.
2023–08)]

Hazardous Materials: Information
Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,

SUMMARY:
1 85

PO 00000

FR 12826 (Mar. 4, 2020).

Frm 00180

Fmt 4703

Sfmt 4703

E:\FR\FM\21JNN1.SGM

21JNN1


File Typeapplication/pdf
File Modified2023-06-21
File Created2023-06-21

© 2024 OMB.report | Privacy Policy