[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63647-63648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19976]



[[Page 63647]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-24]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: 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: <a href="/cdn-cgi/l/email-protection#59182b353c2d2d3c77142c2a2a30373e2d3637193d362d773e362f"><span class="__cf_email__" data-cfemail="4001322c253434256e0d353333292e27342f2e00242f346e272f36">[email protected]</span></a> or 
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#543e3b353a3a317a27233532323b263014303b207a333b22"><span class="__cf_email__" data-cfemail="442e2b252a2a216a37332522222b362004202b306a232b32">[email protected]</span></a> 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 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 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 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.
    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 safety-relevant 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

[[Page 63648]]

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 
safety-relevant 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 
(<a href="/cdn-cgi/l/email-protection#c583978495a4b7b1f7f6f3f4f5f7f68baab1aca3aca6a4b1acaaab85a1aab1eba2aab3"><span class="__cf_email__" data-cfemail="7137233021100305434247404143423f1e05181718121005181e1f31151e055f161e07">[email protected]</span></a>). 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 
<a href="/cdn-cgi/l/email-protection#1f594d5e4f7e6d6b2d2c292e2f2d2c51706b7679767c7e6b7670715f7b706b31787069"><span class="__cf_email__" data-cfemail="c88e9a8998a9babcfafbfef9f8fafb86a7bca1aea1aba9bca1a7a688aca7bce6afa7be">[email protected]</span></a> 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 FRA-provided Excel Form. Thus, FRA estimates that by creating this 
Form, the total annual burden hours will decrease by 14 hours.\1\
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    \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.
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    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\
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    \2\ OMB-approved form FRA F 6180.152 remains unchanged.
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    Respondent Universe: 742 railroads and 10 vendors.\3\
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    \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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    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


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