September 25, 2023, FR Notice (60-day)

Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
Comments received after the comment
closing date will be included in the
docket and will be considered to the
extent practicable.

ddrumheller on DSK120RN23PROD with NOTICES1

Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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
www.dot.gov/privacy.
Background
The Secretary of Transportation
(Secretary) is authorized under the
provisions of 49 U.S.C. 31502 to
prescribe requirements for, among other
things, safety of operations of
equipment of motor carriers that operate
CMVs in interstate commerce. Under 49
U.S.C. 31136, the Secretary also has
authority to prescribe regulations to
ensure that CMVs are maintained,
equipped, loaded, and operated safely.
Under 49 U.S.C. 31142 the Secretary
must establish standards for annual or
more frequent inspections of CMVs. The
Secretary’s authority to establish
improved standards or methods to
ensure brakes and brake systems of
CMVs are inspected by appropriate
employees and maintained properly is
provided under 49 U.S.C. 31137(g).
Motor carriers must maintain, or
require maintenance of, records
documenting the inspection, repair and
maintenance activities performed on
their owned and leased vehicles. There
are no prescribed forms. Electronic
recordkeeping is allowed (see 49 CFR
390.31(d)). Documents requiring a
signature must be capable of replication
(e.g., photocopy, facsimile, etc.) in such
form that will provide an opportunity
for signature verification upon demand.
Also, if electronic recordkeeping is
used, all of the relevant data on the
original documents must be included in
the electronic transmission for the
records to be valid.
The motor carrier industry has never
questioned the need to keep CMV
maintenance records. In fact, most
motor carriers would keep some records
without any regulatory requirements to
do so. Records of inspection, repair, and
maintenance; roadside inspection
reports; driver vehicle inspection
reports; the documentation of periodic
inspections; the evidence of the
qualifications of individuals performing

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20:11 Sep 22, 2023

Jkt 259001

periodic inspections; and the evidence
of brake inspectors’ qualifications
contain the minimum amount of
information necessary to document that
a motor carrier has established a system
of inspection, repair, and maintenance
for its equipment which meets the
standards in 49 CFR part 396.
FMCSA and its representatives use
these records to verify motor carriers’
compliance with the inspection, repair,
and maintenance standards in part 396.
This ICR supports DOT’s strategic goal
of safety. The ICR also ensures that
motor carriers have adequate records to
document the inspection, repair, and
maintenance of their CMVs, and to
ensure that adequate measures are taken
to keep their CMVs in safe and proper
operating condition at all times.
Compliance with the inspection, repair,
and maintenance regulations helps to
reduce the likelihood of accidents
attributable, in whole or in part, to the
mechanical condition of the CMV.
This ICR submittal includes updated
data regarding the number of motor
carriers subject to the Federal Motor
Carrier Safety Regulations, vehicle
counts, inspections, and other
underlying data used to estimate the
total burden hours. In addition, this
revision eliminates the requirement that
drivers of passenger-carrying CMVs
operating in interstate commerce
submit, and motor carriers retain,
Driver-Vehicle Inspection Reports
(DVIRs) when the driver has neither
found nor been made aware of any
vehicle defects or deficiencies (nodefect DVIRs).
If the recordkeeping were required to
be completed less frequently, it would
greatly hinder the ability of FMCSA and
State officials and representatives to
ascertain that CMVs are satisfactorily
maintained. The timely documentation
of CMV inspection, repair, and
maintenance enables FMCSA and State
officials to evaluate the present state of
a motor carrier’s CMV maintenance
program and to check the current level
of regulatory compliance at any point in
a carrier’s maintenance schedule or
program.
FMCSA has identified periodic
inspection standards of 22 States, the
District of Columbia, the Alabama
Liquefied Petroleum Gas Board, 10
Canadian Provinces, and one Canadian
Territory that are comparable to, or as
effective as, the Federal periodic
inspection requirements. FMCSA does
not require Federal periodic inspections
and the related recordkeeping for motor
carriers that comply with these
equivalent periodic inspection
programs. FMCSA is not aware of any
other duplicative standards or

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65765

recordkeeping requirements that apply
to motor carriers.
FMCSA does not employ this
collection of information for statistical
use.
Title: Inspection, Repair and
Maintenance.
OMB Control Number: 2126–0003.
Type of Request: Revision of a
currently approved information
collection.
Respondents: Motor carriers and CMV
drivers.
Estimated Number of Respondents:
757,652 motor carriers and 5,646,722
drivers.
Estimated Time per Response: Varies
according to the requirements for
specific records.
Expiration Date: December 31, 2023.
Frequency of Response: Varies
according to requirements for specific
records.
Estimated Total Annual Burden:
19,103,153 hours [14,602,802 hours for
inspection, repair, and maintenance +
3,516,342 hours for driver inspection
reports + 161,528 hours for disposition
of roadside inspection reports + 777,864
hours for periodic inspections + 23,571
hours for records of inspector
qualifications + 21,046 hours for records
of brake inspector qualifications].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2023–20641 Filed 9–22–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–15]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).

AGENCY:

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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices

Notice of information collection;
request for comment.

ACTION:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) summarized 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
November 24, 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 (2130–0010) in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice, made available to the public, 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
following ICR regarding: (1) whether the
information collection activities are
SUMMARY:

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213.4(f)—Excepted track—Notification to FRA
about removal of excepted track.
213.5(c)—Responsibility for compliance—Notification of assignment to FRA.

2 76

FR 63362.
FR 18073.

VerDate Sep<11>2014

Average time
per response

Total annual
burden hours

Total cost
equivalent
in U.S. dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 4

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

15 notices ....................

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

2.50

$214.83

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

15 notices .....................

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

15.00

1,288.95

3 To more effectively manage FRA’s ICRs, the
concrete crosstie ICR, OMB Control No. 2130–0592,
has been combined with that of track safety

20:11 Sep 22, 2023

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persons inspect track and take action to
allow safe passage of trains and ensure
compliance with the prescribed
standards.
In 2020, FRA published a final rule 1
revising the minimum safety
requirements for railroad track. The
changes allowed inspection of rail using
continuous rail testing; the use of
flange-bearing frogs in crossing
diamonds; relaxed the guard check gage
limits on heavy-point frogs used in
Class 5 track; removed an inspectionmethod exception for high density
commuter lines; and other
miscellaneous revisions.
In addition, in 2011, FRA
promulgated a rule 2 mandating specific
requirements for effective concrete
crossties, for rail fastening systems
connected to concrete crossties, and for
automated inspections of track
constructed with concrete crossties.
These requirements supplement visual
inspections by Class I and Class II
railroads, intercity passenger railroads,
and commuter railroads.3
In this 60-day notice, FRA made
multiple adjustments to its estimated
paperwork burden, resulting in an
increase of 278 hours, from 234,016
hours in the current inventory to
234,294 hours in the requested
inventory. This increase is the result of
FRA combining the annual burden
hours with OMB Control Number 2130–
0592, which covers concrete crossties,
as detailed below:
• Under § 213.234(e), FRA added
31.25 hours.
• Under § 213.234(g), FRA added
60.00 hours.
• Under § 213.234(h)(3), FRA added
187.50 hours.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 784.
Frequency of Submission: On
occasion.
Reporting Burden:

Total annual
responses

Respondent
universe

CFR section

1 85

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, 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: Track Safety Standards.
OMB Control Number: 2130–0010.
Abstract: The Track Safety Standards
regulations under 49 CFR part 213
prescribe minimum safety requirements
for railroad track that is part of the
general railroad system of
transportation. FRA uses this
information collection to ensure and
enhance rail safety by monitoring
complete compliance with all regulatory
requirements. While the requirements
prescribed in this part generally apply
to specific track conditions existing in
isolation, a combination of track
conditions, none of which individually
amounts to a deviation from the
requirements in this part, may require
remedial action to provide safe
operations over that track. Qualified

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standards, OMB Control No. 2130–0010 in this
renewal cycle.

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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices

ddrumheller on DSK120RN23PROD with NOTICES1

213.7(a)(b)—Designations: Names on list with
written authorizations.
213.17(a)—Waivers .............................................
213.57(e)—Curves; elevation and speed limitations—Request to FRA for vehicle type approval.
—(f) Written notification to FRA prior to implementation of higher curving speeds.
—(g) Written consent of track owners obtained
by railroad providing service over that track.
213.110(a)—Gage restraint measurement systems (GRMS)—Implementing GRMS—notices
& reports.
—(g) GRMS vehicle output reports .....................
—(h) GRMS vehicle exception reports ...............
—(j) GRMS/PTLF—procedures for data integrity
—(n) GRMS inspection records ..........................
213.118(a)–(c)—Continuous welded rail
(CWR)—Revised plans w/procedures for
CWR.
—(d) Notification to FRA and RR employees of
CWR plan effective date.
—(e) Written submissions after plan disapproval
—(e) Final FRA disapproval and plan amendment.
213.234(e)—Automated inspection of track constructed with concrete crossties—Exception
reports listing all exception to § 213.109(d)(4)
Added requirement and burden hours from
2130–0592.
—(f) Automated inspection of track constructed
with concrete crossties—Recordkeeping requirements.
—(g) Procedure for integrity of data—Track
owners to institute procedures for maintaining
the integrity of the data collected by the
measurement system. Added requirement and
burden hours from 2130–0592.
—(h)(3) Training Track owners to provide annual training in handling rail seat deterioration
exceptions to all persons designated as fully
qualified under § 213.7 and whose territories
are subject to the requirements of
§ 213.234—Recordkeeping. Added requirement and burden hours from 2130–0592.
213.237(b)(2)—Inspection of Rail—Detailed request to FRA to change designation of a rail
inspection segment or establish a new segment.
—(b)(3) Notification to FRA and all affected employees of designation’s effective date after
FRA’s approval/conditional approval.
—(d) Notice to FRA that service failure rate target in paragraph (a) of this section is not
achieved.
—(d)—Explanation to FRA as to why performance target was not achieved and provision to
FRA of remedial action plan.
213.238—Qualified operators—Written or electronic of qualification.
213.240(b)—Continuous Rail Testing—Procedures for conducting continuous testing.
—(c) Type of rail test (continuous or stop-andverify)—Record.
—(c)—Type of rail test (continuous or stop-andverify)—Documented changes.
—(g) Annual reports to FRA ...............................
213.241—Inspection records ...............................
213.303(b)—Responsibility for compliance—Notification of assignment to FRA.
213.305(c)(4)—Designation of qualified individuals; general qualifications—Written authorization for remedial actions.
—(e) Railroads produced designation record
upon FRA request.
213.317(a)–(b)—Waivers ....................................

VerDate Sep<11>2014

20:11 Sep 22, 2023

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) 4

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

2,500 names ................

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

416.67

35,804.45

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

10 petitions ..................
4 requests ....................

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

20.00
32.00

1,718.60
2,749.76

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

4 notifications ...............

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

8.00

687.44

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

4 written consents ........

45 minutes ...................

3.00

257.79

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

1 notification .................

45 minutes ...................

0.75

64.45

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

5 minutes .....................
5 minutes .....................
1 hour ...........................

0.08
0.08
1.00

6.87
6.87
85.93

784 railroads ................
438 railroads ................

1 report ........................
1 report ........................
1 documented procedure.
2 records ......................
10 plans .......................

30 minutes ...................
4 hours .........................

1.00
40.00

85.93
3,437.20

438 railroads ................

750 notices ..................

15 seconds ..................

3.13

268.96

438 railroads ................
438 railroads ................

5 written submissions ..
5 amended plans .........

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

10.00
5.00

859.30
429.65

30 railroads ..................

125 reports ...................

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

31.25

2,097.19

30 railroads ..................

2,000 records ...............

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

1,000.00

85,930.00

30 railroads ..................

30 revised procedures

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

60.00

7,404.60

30 railroads ..................

2,250 records of trained
employees.

5 minutes .....................

187.50

12,583.13

65 railroads ..................

4 requests ....................

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

1.00

85.93

65 railroads ..................

1 notice to FRA + 15
bulletins.

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

4.00

343.72

65 railroads ..................

4 notices .......................

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

1.00

85.93

65 railroads ..................

4 letters of explanation/
plans.

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

1.00

85.93

3 railroads + 5 testing
entities.
12 railroads ..................

250 records ..................

5 minutes .....................

20.83

1,789.92

4 procedures ................

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

32.00

2,749.76

2 seconds .....................

13.89

1,193.57

12 railroads ..................

25,000 documents/
records.
100 documents ............

1 minute .......................

1.67

143.50

12 railroads ..................
784 railroads ................
2 railroads ....................

12 reports .....................
1,375,000 records ........
5 notices .......................

4 hours .........................
10 minutes ...................
30 minutes ...................

48.00
229,166.67
2.50

4,124.64
19,692,291.95
214.83

2 railroads ....................

20 written documents ...

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

10.00

859.30

2 railroads ....................

200 records ..................

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

33.33

2,864.05

2 railroads ....................

2 petitions .....................

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

16.00

1,374.88

Respondent
universe

CFR section

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12 railroads ..................

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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices
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) 4

30.00 minutes + 16.00
hours + 15.00 minutes.
2 hours .........................

33.50

2,878.66

2 railroads ....................

2.00 cover letters +
2.00 technical reports
+ 2.00 diagrams.
2 notices ......................

4.00

343.72

2 railroads ....................

2 written consents ........

45 minutes ...................

1.50

128.90

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

7 reports .......................

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

7.00

601.51

2 railroads ....................

800 records ..................

2 minutes .....................

26.67

2,291.75

2 railroads ....................

2 plans .........................

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

8.00

687.44

2 railroads ....................
2 railroads ....................

8,000 records ...............
2 program plans ...........

2 minutes .....................
120 hours .....................

266.67
240.00

22,914.95
20,623.20

2 railroads ....................

2 program plans ...........

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

16.00

1,374.88

4 railroads ....................

4 written consents ........

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

2.00

246.82

2 railroads ....................

15,000 record sets .......

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

2,500.00

214,825.00

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

1,432,181 responses ...

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

234,294

20,131,107

Respondent
universe

CFR section

213.329(e)—Curves, elevation, and speed limitations—FRA approval of qualified vehicle
types based on results of testing.
—(f) Written notification to FRA 30 days prior to
implementation of higher curving speeds.
—(g) Written consent of other affected track
owners by railroad.
213.333(d)—Automated vehicle-based inspection systems—Track Geometry Measurement
System (TGMS) output/exception reports.
213.341(b)–(d)—Initial inspection of new rail &
welds—Inspection records.
213.343(a)–(e)—CWR—Procedures for installations and adjustments of CWR.
—(h) Recordkeeping requirements .....................
213.345(a)–(c)—Vehicle qualification testing—
Vehicle qualification program for all vehicle
types operating at track Class 6 speeds or
above.
—(d) Previously qualified vehicle types qualification programs.
—(h) Written consent of other affected track
owners by railroad.
213.369(d)—Inspection Records—Record of inspection of track.
Total 5 ...........................................................

2 railroads ....................

Total Estimated Annual Responses:
1,432,181.
Total Estimated Annual Burden:
234,294.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $20,131,107.
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.

DEPARTMENT OF TRANSPORTATION

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.

SUMMARY:

[FR Doc. 2023–20662 Filed 9–22–23; 8:45 am]

ddrumheller on DSK120RN23PROD with NOTICES1

BILLING CODE 4910–06–P

4 The dollar equivalent cost is derived from the
2022 Surface Transportation Board Full Year Wage
A&B data series using the employee groups 100
(Executives, Officials, and Office Staff Assistants)
$70.52, 200 (Professional and Administrative)
$49.10, and 400 (Maintenance of Equipment &
Stores) $38.35. The total burden wage rate (Straight
time plus 75%) used in the table is $85.93 ($49.10
× 1.75 = $85.93) except for the following:
§ 213.234(g) and § 213.345(h) which uses an hourly
wage rate of $123.41 (70.52 × 1.75 = $123.41) and
§ 213.234(h)(3) which uses an hourly wage rate of
$67.11 ($38.35 × 1.75 = $67.11).
5 Totals may not add up due to rounding.

VerDate Sep<11>2014

20:11 Sep 22, 2023

Jkt 259001

Federal Transit Administration
[Docket No.: FTA–2023–0006]

Notice of Availability of Programmatic
Assessment of Greenhouse Gas
Emissions From Transit Projects;
Request for Comments
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of availability; request
for comments.
AGENCY:

The Federal Transit
Administration (FTA) announces the
availability of and requests comments
on a Programmatic Assessment of
Greenhouse Gas Emissions from Transit
Projects.
DATES: Comments must be received by
November 24, 2023. Late filed
comments will be considered to the
extent practicable.
ADDRESSES: The Programmatic
Assessment is available through https://
www.regulations.gov under docket
number FTA–2023–0006.
You may submit comments to Docket
No. FTA–2023–0006 by any of the
following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
Mail: Docket Management Facility:
U.S. Department of Transportation, 1200

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New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC, between 8:30 a.m. and
4:30 p.m. e.t., Monday through Friday,
except Federal holidays.
Fax: (202) 493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and the Docket Number
of this notice at the beginning of your
comments. Note that all comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Megan Blum, Office of Environmental
Programs, (202) 366–0463,
[email protected], or Alexandra
Brun, Office of Environmental
Programs, (202) 366–7469,
[email protected]; Mark
Montgomery, Office of Chief Counsel,
(202) 366–1017, Mark.Montgomery@
dot.gov. Office hours are from 9:00 a.m.
to 5:00 p.m. ET, Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy
Act (NEPA) requires Federal agencies to
disclose and analyze the environmental
effects of their proposed actions. In
January 2023, the Council on

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