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 Department of Transportation Federal Railroad Administration [Docket No. FRA-2023-0002-N-15]
 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT).
 ACTION: Notice of information collection; request for comment.
 SUMMARY: 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: 
                        *arlette.mussington@dot.gov*
                         or telephone: (571) 609-1285 or Ms. Joanne Swafford, Information Collection Clearance Officer, at email: 
                        *joanne.swafford@dot.gov*
                         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 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 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 inspection-method 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:* CFR section
Respondent
                             universe
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) 4213.4(f)—Excepted track—Notification to FRA about removal of excepted track
784 railroads
15 notices
10 minutes
2.50
$214.83213.5(c)—Responsibility for compliance—Notification of assignment to FRA
784 railroads
15 notices
1 hour
15.00
1,288.95( print page 65767)213.7(a)(b)—Designations: Names on list with written authorizations
784 railroads
2,500 names
10 minutes
416.67
35,804.45213.17(a)—Waivers
784 railroads
10 petitions
2 hours
20.00
1,718.60213.57(e)—Curves; elevation and speed limitations—Request to FRA for vehicle type approval
784 railroads
4 requests
8 hours
32.00
2,749.76—(f) Written notification to FRA prior to implementation of higher curving speeds
784 railroads
4 notifications
2 hours
8.00
687.44—(g) Written consent of track owners obtained by railroad providing service over that track
784 railroads
4 written consents
45 minutes
3.00
257.79213.110(a)—Gage restraint measurement systems (GRMS)—Implementing GRMS—notices & reports
784 railroads
1 notification
45 minutes
0.75
64.45—(g) GRMS vehicle output reports
784 railroads
1 report
5 minutes
0.08
6.87—(h) GRMS vehicle exception reports
784 railroads
1 report
5 minutes
0.08
6.87—(j) GRMS/PTLF—procedures for data integrity
784 railroads
1 documented procedure
1 hour
1.00
85.93—(n) GRMS inspection records
784 railroads
2 records
30 minutes
1.00
85.93213.118(a)-(c)—Continuous welded rail (CWR)—Revised plans w/procedures for CWR
438 railroads
10 plans
4 hours
40.00
3,437.20—(d) Notification to FRA and RR employees of CWR plan effective date
438 railroads
750 notices
15 seconds
3.13
268.96—(e) Written submissions after plan disapproval
438 railroads
5 written submissions
2 hours
10.00
859.30—(e) Final FRA disapproval and plan amendment
438 railroads
5 amended plans
1 hour
5.00
429.65213.234(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
30 railroads
125 reports
15 minutes
31.25
2,097.19—(f) Automated inspection of track constructed with concrete crossties—Recordkeeping requirements
30 railroads
2,000 records
30 minutes
1,000.00
85,930.00—(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
30 railroads
30 revised procedures
2 hours
60.00
7,404.60—(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
30 railroads
2,250 records of trained employees
5 minutes
187.50
12,583.13213.237(b)(2)—Inspection of Rail—Detailed request to FRA to change designation of a rail inspection segment or establish a new segment
65 railroads
4 requests
15 minutes
1.00
85.93—(b)(3) Notification to FRA and all affected employees of designation's effective date after FRA's approval/conditional approval
65 railroads
1 notice to FRA + 15 bulletins
15 minutes
4.00
343.72—(d) Notice to FRA that service failure rate target in paragraph (a) of this section is not achieved
65 railroads
4 notices
15 minutes
1.00
85.93—(d)—Explanation to FRA as to why performance target was not achieved and provision to FRA of remedial action plan
65 railroads
4 letters of explanation/plans
15 minutes
1.00
85.93213.238—Qualified operators—Written or electronic of qualification
3 railroads + 5 testing entities
250 records
5 minutes
20.83
1,789.92213.240(b)—Continuous Rail Testing—Procedures for conducting continuous testing
12 railroads
4 procedures
8 hours
32.00
2,749.76—(c) Type of rail test (continuous or stop-and-verify)—Record
12 railroads
25,000 documents/records
2 seconds
13.89
1,193.57—(c)—Type of rail test (continuous or stop-and-verify)—Documented changes
12 railroads
100 documents
1 minute
1.67
143.50—(g) Annual reports to FRA
12 railroads
12 reports
4 hours
48.00
4,124.64213.241—Inspection records
784 railroads
1,375,000 records
10 minutes
229,166.67
19,692,291.95213.303(b)—Responsibility for compliance—Notification of assignment to FRA
2 railroads
5 notices
30 minutes
2.50
214.83213.305(c)(4)—Designation of qualified individuals; general qualifications—Written authorization for remedial actions
2 railroads
20 written documents
30 minutes
10.00
859.30—(e) Railroads produced designation record upon FRA request
2 railroads
200 records
10 minutes
33.33
2,864.05213.317(a)-(b)—Waivers
2 railroads
2 petitions
8 hours
16.00
1,374.88( print page 65768)213.329(e)—Curves, elevation, and speed limitations—FRA approval of qualified vehicle types based on results of testing
2 railroads
2.00 cover letters + 2.00 technical reports + 2.00 diagrams
30.00 minutes + 16.00 hours + 15.00 minutes
33.50
2,878.66—(f) Written notification to FRA 30 days prior to implementation of higher curving speeds
2 railroads
2 notices
2 hours
4.00
343.72—(g) Written consent of other affected track owners by railroad
2 railroads
2 written consents
45 minutes
1.50
128.90213.333(d)—Automated vehicle-based inspection systems—Track Geometry Measurement System (TGMS) output/exception reports
7 railroads
7 reports
1 hour
7.00
601.51213.341(b)-(d)—Initial inspection of new rail & welds—Inspection records
2 railroads
800 records
2 minutes
26.67
2,291.75213.343(a)-(e)—CWR—Procedures for installations and adjustments of CWR
2 railroads
2 plans
4 hours
8.00
687.44—(h) Recordkeeping requirements
2 railroads
8,000 records
2 minutes
266.67
22,914.95213.345(a)-(c)—Vehicle qualification testing—Vehicle qualification program for all vehicle types operating at track Class 6 speeds or above
2 railroads
2 program plans
120 hours
240.00
20,623.20—(d) Previously qualified vehicle types qualification programs
2 railroads
2 program plans
8 hours
16.00
1,374.88—(h) Written consent of other affected track owners by railroad
4 railroads
4 written consents
30 minutes
2.00
246.82213.369(d)—Inspection Records—Record of inspection of track
2 railroads
15,000 record sets
10 minutes
2,500.00
214,825.00Total 5
784 railroads
1,432,181 responses
N/A
234,294
20,131,107
 *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. Christopher S. Van Nostrand, Acting Deputy Chief Counsel.


# Footnotes

1.
    
                         85 FR 63362. Back to Citation
 2.
    
                         76 FR 18073. Back to Citation
 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 standards, OMB Control No. 2130-0010 in this renewal cycle. Back to Citation
 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. Back to Citation


[FR Doc. 2023-20662 Filed 9-22-23; 8:45 am] BILLING CODE 4910-06-P