April 21 2023 60-Day FR Notice

April 21 2023 60-Day FR Notice.pdf

Accident/Incident Reporting and Recordkeeping

April 21 2023 60-Day FR Notice

OMB: 2130-0500

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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–09]

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
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 June 20,
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 (2130–0500) 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
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SUMMARY:

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1320.12. Specifically, FRA invites
interested parties to comment on the
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).
This ICR responds to the information
collection mandate in Section 22421(b)
of the Infrastructure Investment and
Jobs Act (IIJA) and also provides routine
updates to 49 CFR part 225’s overall
information collection request renewal.
FRA believes that soliciting public
comment may reduce the administrative
and paperwork burdens associated with
the collection of information that
Federal statutes and 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: Accident/Incident Reporting
and Recordkeeping.
OMB Control Number: 2130–0500.
Abstract: The railroad accident/
incident reporting regulations in 49 CFR
part 225 require railroads to submit
reports summarizing collisions,
derailments, and certain other
accidents/incidents involving damages
above a periodically revised dollar
threshold, as well as certain injuries to
passengers, employees, and other
persons on railroad property. As the
reporting requirements and the
information needed regarding each
category of accident/incident are

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24657

unique, a different form is used for each
category.
In response to the mandate in IIJA
Section 22421,1 FRA intends to utilize
Form FRA F 6180.54 Special Study
Blocks 49a and 49b to collect the
following information for a projected
five-year period: (1) the length of the
involved trains, in feet, and (2) the
number of crew members who were
aboard a controlling locomotive
involved in an accident at the time of
such accident. This modification
produces a minimal additional burden
with respect to what is already being
reported, as FRA estimates that the
utilization of the Special Study Blocks
will require an additional 2 minutes to
complete, for a total average burden
time of approximately 2 hours and 2
minutes per form, adding an additional
57 hours to the overall collection
request.
In this 60-day notice, FRA has made
multiple adjustments to its estimated
paperwork burden for the entire part
225 collection request, resulting in a
reduction of 5,563 hours, from 35,846
hours in the current inventory, to 30,283
hours in the requested inventory. The
primary reason for the reduction in the
estimated paperwork burden is the
expected decrease in the number of
submissions. Specifically, under
§ 225.19(d), FRA expects submissions
will decrease significantly from 11,636
hours to 7,040 hours due to a reduction
in the number of injuries reported in the
last two years. There is no change in the
method of collection; this is a routine
update for this 3-year ICR renewal
period.
Type of Request: Revision of a
currently approved collection.
Affected Public: Businesses.
Form(s): FRA F 6180.54; .55; .55a; .56;
.57; .78; .81; .97; .98; .107; .150.
Respondent Universe: 784 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:
1 Specifically, IIJA section 22421(b) requires FRA
to update Special Study Block 49 on Form FRA F
6180.54, for a period of five years, to collect
information on: (1) the number of cars and length
of trains involved in an accident/incident; and (2)
the number of crew members who were aboard a
controlling locomotive involved in an accident at
the time of such accident. Railroads are already
required to report the number of cars in the consist
of a train involved in an accident on Form FRA F
6180.54, Field 35.

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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
CFR section

225.6(a)—Consolidated reporting—Request to
FRA by parent corporation to treat its commonly controlled carriers as a single railroad
carrier for purposes of this part.

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

784 railroads ...................

0.33 requests ..................

40.00 hours ....................

—(b) Written agreement by parent corporation with FRA on specific subsidiaries included in its railroad system.

The burden for this requirement is included in § 225.6(a).

—(c) Notification by parent corporation regarding any change in the subsidiaries
making up its railroad system and amended written agreement with FRA.

The burden for this requirement is included in § 225.6(a).

225.9—Telephonic reports of certain accidents/incidents and other events.
225.11—Reporting of accidents/incidents—Form
FRA F 6180.54 (IIJA created an additional burden of 2 minutes to what is already being reported.).
225.12(a)—Rail equipment accident/incident reports alleging human factor as cause—Form
FRA F 6180.81.
—(b) Part I Form FRA F 6180.78 (Notices) ...

—(c) Joint operations .....................................
—(d) Late identification ..................................

784 railroads ...................
784 railroads ...................

—(g) Employee statement supplementing
railroad accident report (Part II Form FRA
6180.78).
—(g)(3) Employee confidential letter ..............
225.13(A)—Late reports—RR discovery of improperly omitted report of accident/incident.
—(B) RR late/amended report of accident/incident based on employee statement
supplementing RR accident report.
225.18(a)—RR narrative report of possible alcohol/drug involvement in accident/incident.
—(b) Reports required by § 219.209(b) appended to rail equipment accident/incident
report.
225.19(a)—Rail-highway grade crossing accident/
incident report—Form FRA F 6180.57.
—(d) Death, injury, or occupational illness
(Form FRA F 6180.55a).
225.21—Railroad injury and illness summary—
Form FRA F 6180.55.
225.21—Annual railroad report of employee hours
and casualties, by state—Form FRA F 6180.56.
225.21/25—Railroad employee injury and/or illness record—Form FRA F 6180.98.
—Copies of forms to employees ....................
225.21—Initial rail equipment accident/incident
record—Form FRA F 6180.97.
—Completion of Form FRA F 6180.97 because of rail equipment involvement.
—Alternative record for illnesses claimed to
be work related—Form FRA F 6180.107.
—Highway User Statement—RR cover letter
and Form FRA F 6180.150 sent out to potentially injured travelers involved in a highway-rail grade crossing accident/incident.
—Form FRA F 6180.150 completed by highway user and sent back to railroad.
225.25(h)—Posting of monthly summary ..............
225.27(a)(1)—Retention of records .......................
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Total annual
responses

Respondent universe

—Record of Form FRA F 6180.107s .............
—Record of Monthly Lists ..............................
(a)(2)—Record of Form FRA F 6180.97 ........
—Record of employee human factor attachments.
225.33—Internal Control Plans—Amendments .....

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13.20

$1,028.41

784 railroads ...................

2,589.00 phone reports ..

15.00 minutes .................

647.25

50,427.25

784 railroads ...................

1,699.00 forms ...............

2 hours + 2 minutes .......

3,454.63

269,150.22

784 railroads ...................

732.00 forms ..................

15.00 minutes .................

183.00

14,257.53

784 railroads ...................

10 minutes + 3 minutes ..

333.83

26,008.70

20.00 minutes .................
10.00 minutes .................

24.00
6.67

1,869.84
519.66

Railroad employees ........

800 notices + 800 notice
copies + 3,200 copies
+ 10 copies.
73.00 reports ..................
20 attachments + 20 notices.
60.00 statements ............

1.50 hours ......................

90.00

7,011.90

Railroad employees ........
784 railroads ...................

5.00 letters ......................
50.00 late reports ...........

2.00 hours ......................
2.00 hours ......................

10.00
100.00

779.10
7,791.00

784 railroads ...................

20 amended reports + 30
copies.

1 hour + 3 minutes .........

21.50

1,675.07

784 railroads ...................

12.00 reports ..................

15.00 minutes .................

3.00

233.73

784 railroads ...................

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

30.00 minutes .................

2.50

194.78

784 railroads ...................

2,161.50 forms ...............

2.00 hours ......................

4,323.00

336,804.93

784 railroads ...................

7,040.00 forms ...............

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

7,040.00

548,486.40

784 railroads ...................

9,408.00 forms ...............

10.00 minutes .................

1,568.00

122,162.88

784 railroads ...................

784.00 forms ..................

15.00 minutes .................

196.00

15,270.36

784 railroads ...................

4,000.00 forms ...............

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

4,000.00

311,640.00

784 railroads ...................
784 railroads ...................

3.60 form copies .............
10,194.00 forms .............

2.00 minutes ...................
30.00 minutes .................

0.12
5,097.00

9.35
397,107.27

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

150.00 forms ..................

75.00 minutes .................

187.50

14,608.13

784 railroads ...................

721.00 letters/forms ........

50.00 minutes .................

600.83

46,810.67

117 injured individuals ....

117.00 forms ..................

45.00 minutes .................

87.75

6,836.60

784 railroads ...................
784 railroads ...................

9,408.00 lists ..................
7,500.00 records ............

5.00 minutes ...................
2.00 minutes ...................

784.00
250.00

61,081.44
19,477.50

The estimated paperwork burden for this requirement is included in 225.21 (Alternative record for illnesses
claimed to be work related).
784 railroads ...................
784 railroads ...................
784 railroads ...................

9,408.00 records ............
10,194.00 records ..........
1,464.00 records ............

2.00 minutes ...................
2.00 minutes ...................
2.00 minutes ...................

313.60
339.80
48.80

24,432.58
26,473.82
3,802.01

784 railroads ...................

10.00 amendments .........

6.00 hours ......................

60.00

4,674.60

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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
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

784.00 lists .....................

20.00 minutes .................

225.35—Access to records and reports ................

784 railroads ...................

225.37(a)—Optical media transfer of reports, updates, and amendments.

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

261.33

20,360.22

(c)(2)—Electronic submission of reports, updates, and amendments.

784 railroads ...................

4,704.00 submissions .....

3.00 minutes ...................

235.20

18,324.43

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

784 railroads ...................

85,570 responses ...........

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

30,283

2,359,310

Total Estimated Annual Responses:
85,570.
Total Estimated Annual Burden:
30,283 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: 2,359,310.
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. 2023–08413 Filed 4–20–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2016–0023]

Extension of a Previously Approved
Collection: Public Charters
Office of the Secretary, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

In compliance with the
Paperwork Reduction Act of 1995, the
Department of Transportation (DOT)
invites the general public, industry and
other governmental parties to comment
on Public Charters. The pre-existing
information collection request was
previously approved by the Office of
Management and Budget (OMB).
DATES: Written comments should be
submitted by June 20, 2023.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–OST–
2016–0023] through one of the
following methods:
SUMMARY:

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Total annual
responses

Respondent universe

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 rage that includes a 75 percent
overhead charge.
3 Totals may not add due to rounding.

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• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey Ave.
SE, West Building, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Reather Flemmings (202–366–1865) and
Mr. Brett Kruger (202–366–8025), Office
of the Secretary, Office of International
Aviation, U.S. Air Carrier Licensing/
Special Authorities Division–X44, 1200
New Jersey Ave. SE, Washington, DC
20590.
SUPPLEMENTARY INFORMATION:

OMB Control Number: 2106–0005.
Title: Public Charters, 14 CFR part
380.
Form Numbers: 4532, 4533, 4534,
4535.
Type of Review: Extension of a
Previously Approved Collection: The
current OMB inventory has not
changed.
Abstract: 14 CFR part 380 establishes
regulations embodying the Department’s
terms and conditions for Public Charter
operators to conduct air transportation
using direct air carriers. Public Charter
operators arrange transportation for
groups of people on chartered aircraft.
This arrangement is often less expensive
for the travelers than individually
buying a ticket. Part 380 exempts
charter operators from certain
provisions of the U.S. code in order that
they may provide this service. A
primary goal of Part 380 is to seek
protection for the consumer.
Accordingly, the rule stipulates that the
charter operator must file evidence (a
prospectus—consisting of OST Forms
4532, 4533, 4534, 4535, and supporting
financial documents) with the
Department for each charter program
certifying that it has entered into a
binding contract with a direct air carrier
to provide air transportation and that it

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has also entered into agreements with
Department-approved financial
institutions for the protection of charter
participants’ funds. The prospectus
must be accepted by the Department
prior to the operator’s advertising,
selling or operating the charter. If the
prospectus information were not
collected it would be extremely difficult
to assure compliance with agency rules
and to assure that public security and
other consumer protection requirements
were in place for the traveling public.
The information collected is available
for public inspection (unless the
respondent specifically requests
confidential treatment). Part 380 does
not provide any assurances of
confidentiality.
Burden Statement: Completion of all
forms in a prospectus can be
accomplished in approximately two
hours (30 minutes per form) for new
filers and one hour for amendments
(existing filings). The forms are
simplified and request only basic
information about the proposed
programs and the private sector filer.
The respondent can submit a filing to
operate for up to one year and include
as many flights as desired, in most
cases. If an operator chooses to make
changes to a previously approved
charter operation, then the operator is
required by regulations to file revisions
to its original prospectus.
Respondents: Private Sector: Air
carriers; tour operators; the general
public (including groups and
individuals, corporations and
Universities or Colleges, etc.).
Number of Respondents: 245.
Number of Responses: 1,782.
Total Annual Burden: 891.
Frequency of Responses:
245 (respondents) × 4 = 980.
401 (amendments from the same
respondents) × 2 = 802.
Total estimated responses: 980 + 802
= 1,782.
The frequency of response is
dependent upon whether the operator is
requesting a new program or amending
an existing prospectus. Variations occur

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