September 15, 2023, 30-Day FR Notice

Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–24]

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)
summarized below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On November 14,
2022, FRA published a notice providing
a 60-day period for public comment on
the ICR.
DATES: Interested persons are invited to
submit comments on or before October
16, 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 30-day 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.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On November 14,
2022, FRA published a 60-day notice in
the Federal Register soliciting comment
on the ICR for which it is now seeking
OMB approval. See 87 FR 68226. FRA
received one comment from the
Association of American Railroads
(AAR) related to the proposed collection
of information.
On January 13, 2023, AAR submitted
a spreadsheet containing suggestions for

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SUMMARY:

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changes to the proposed collection.
AAR’s suggestions fell into three
categories: (1) changes to the data
validation and listed options, (2)
options to fill in a cell with a blank, ‘‘N/
A’’, or ‘‘Other’’ if there was not a valid
option in the proposed list, and (3)
general changes to the form’s
instructions to improve clarity.
For data validation and listed options,
AAR asked that the software version
numbers allow for free text, so versions
such as ‘‘6.3.24.2’’ be allowed rather
than just numbers with a single decimal
point, such as 6.3. The restrictions on
the cell were removed to allow for free
text entry. AAR additionally asked that,
for ‘‘Type of Reportable Issue’’, a listed
option be changed to ‘‘Previously
Unidentified Hazard’’ from the
incorrectly listed prior two options that
stated ‘‘Previously’’ and ‘‘Unidentified
Hazard.’’ In the dropdown list, the two
original line items were combined into
‘‘Previously Unidentified Hazard’’ to
correct for the typographical error.
AAR asked for the option to fill in
many cells with ‘‘N/A’’, a blank, or
provide an ‘‘Other’’ option to record
additional entries outside of the original
list. Doing so would allow for cases
where an entity might not know the
information requested but could provide
an answer to the form rather than
leaving it blank. For example, positive
train control (PTC) Suppliers or Vendors
do not often know confidential
information about the railroad, such as
mile posts or track segment
designations, and this option would
allow them to submit without knowing
milepost or track segment associated
with the failure. The following sections
now allow for ‘‘N/A’’ or ‘‘Other’’
options: ‘‘Affected Railroad, Supplier or
Vendor’’, ‘‘Track Segment’’, and ‘‘Nature
of Failure’’.
Additionally, several of the form
instructions were clarified or elaborated
on as requested by AAR. The revisions
did not require changing the context of
a cell, but rather allowed for multiple
cases and a better understanding of
what FRA is asking for within the form.
The following sections were updated:
‘‘Submission Instructions’’, ‘‘Additional
Affected Railroad(s), Supplier(s), or
Vendor(s).’’ As the ‘‘Submission
Instructions’’ were updated, FRA
elected not to revise the instructions
next to the cells themselves as the
revisions that were made were
sufficient.
Finally, AAR made two suggestions
that FRA did not act on. First, AAR
recommended removing the ‘‘Estimated
Date to Correct Failure’’ field. However,
this is required per regulatory
compliance, so FRA has not removed

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this field. Second, AAR noted that the
proposed form cells need to ‘‘grow’’ as
text is entered. FRA conducted testing
on several noted cells, such as the
‘‘Synopsis’’ field, and confirmed that
the field did expand as the user entered
more text.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(a); see also 60 FR 44978, 44983
(Aug. 29, 1995). OMB believes the 30day 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.
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: Positive Train Control and
Other Signal Systems.
OMB Control Number: 2130–0553.
Abstract: FRA’s regulations require
that both railroads and PTC vendors and
suppliers notify FRA of certain PTC
system errors and malfunctions. 49 CFR
236.1023. For example, railroads must
maintain a database of all safetyrelevant hazards identified in their PTC
Safety Plans (PTCSP) and those that had
not previously been identified in their
PTCSPs. 49 CFR 236.1023(e). If the
frequency of a safety-relevant hazard
exceeds the thresholds in a railroad’s
PTCSP, or such hazard has not been
previously identified in a railroad’s risk
analysis, then the railroad must notify
FRA of the failure, malfunction, or
defective condition that decreased or
eliminated the safety functionality of

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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Notices

ddrumheller on DSK120RN23PROD with NOTICES1

the railroad’s PTC system. 49 CFR
236.1023(e)(1). In addition, FRA’s
regulations require PTC vendors and
suppliers to notify FRA of any safetyrelevant failure, defective condition, or
previously unidentified hazard
discovered by the vendor or supplier
and the identity of each affected and
notified railroad. 49 CFR 236.1023(h)(2).
Currently, each railroad or PTC vendor
and supplier that must submit
notifications of such a failure,
malfunction, or defective condition does
so by emailing the information to an
FRA inbox (FRAPart2361023
[email protected]). The information
is sent in different formats by each
railroad or PTC supplier and vendor
because there is currently no
standardized form.
Therefore, FRA is hereby proposing to
standardize the reporting process
required by 49 CFR 236.1023(e)(1), (h),
and (f) by creating the Errors and
Malfunctions Notification Form (Form
FRA F 6180.179), which is one part of
the existing information collection
request under OMB Control No. 2130–
0553. This proposed Form FRA F
6180.179 will be in an Excel format and
will make it easier for the entities to
notify FRA of each applicable failure,
malfunction, or defective condition, and
for FRA to synthesize and act on the
reported failure. The Errors and
Malfunctions Notification Form would
not change the requirements that each
railroad or PTC supplier and vendor
currently must follow to notify FRA of
each reportable failure, malfunction, or
defective condition. See, e.g., 49 CFR
236.1023(e), (h), and (f). The proposed
Form FRA F 6180.179 would be
submitted to FRAPart2361023
[email protected] within the 15-day
deadline under 49 CFR 236.1023(f)(1).
With the current reporting process,
FRA estimated that each notification

would take 8 hours to prepare. With the
new standardized Form, FRA estimates
that, on average, each notification will
be reduced to 7.5 hours to prepare if the
railroad or PTC supplier or vendor uses
the FRA-provided Excel Form. This
estimate is based on the fact that the
proposed new Form FRA F 6180.179
offers drop-down menus that would
allow railroads or PTC suppliers and
vendors to select an answer from an
established list instead of creating each
answer from scratch. The revised
burden would also account for the
review of the instructions in the FRAprovided Excel Form. Thus, FRA
estimates that by creating this Form, the
total annual burden hours will decrease
by 14 hours.1
Type of Request: Revision to a
currently approved collection.
Affected Public: Businesses.
Form(s): FRA F 6180.179 (new form)
and FRA F 6180.152 (existing form).2
Respondent Universe: 742 railroads
and 10 vendors.3
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
4,567,826.
Total Estimated Annual Burden:
51,930 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $4,324,155.
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.
Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023–19976 Filed 9–14–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2023–0125]

Notice of Funding Opportunity To
Establish Cooperative Agreements
With Technical Assistance Providers
for the Fiscal Year 2023 Thriving
Communities Program
Office of the Secretary of
Transportation, U.S. Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity
(NOFO), Assistance Listing Number:
20.942.
AGENCY:

The purpose of this notice is
to publish DOT’s application
submission requirements and
application review procedures to select
national and State, Tribal, or regional
capacity builders to provide technical
assistance, planning, and capacity
building support to communities
through cooperative agreements with
DOT, as authorized by the Consolidated
Appropriations Act, 2023.
DATES: The deadline for application
submission is 4:59 p.m. eastern time on
November 28, 2023. Proposals or
applications received after the above
deadlines will not be reviewed or
considered. See section E of this NOFO
regarding DOT’s review process and
section G of the NOFO for DOT’s
contact information.
ADDRESSES: Applications must be
submitted through https://
www.grants.gov. Opportunity number:
DOT–TCP–FY23–01.
FOR FURTHER INFORMATION CONTACT:
Ongoing updates, webinar notices,
FAQs: https://www.transportation.gov/
thriving-communities.
POC: Monica Guerra, (202) 366–7738,
[email protected].
SUMMARY:

1 The current inventory exhibits a total burden of
51,993 hours and 4,567,826 responses, while the
total burden in this notice is 51,930 hours and
4,567,826 responses. As noted in the 60-day FRN,
the decrease in burden is due to the proposed
standardized reporting process using FRA F
6180.179 and in this notice, FRA has made
adjustments to correct rounding errors in previously
reported burden hours.
2 OMB-approved form FRA F 6180.152 remains
unchanged.
3 While included in the PRA table published,
FRA inadvertently did not include the 10 vendors
as part of the respondent universe summary.

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