[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46154-46156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16771]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2016-0002-N-14]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces FRA is forwarding the renewal of the information collection
requirements (ICR) abstracted below to the Office of Management and
Budget (OMB) for review and comment. The ICR describes the nature of
the information collection and its expected burden. On February 25,
2016, OMB approved Form FRA F 1680.167 for 180 days under emergency
clearance procedures. FRA seeks regular clearance of this form for the
maximum period (3 years) to comply with Fixing America's Surface
Transportation Act (FAST Act) requirements. The Federal Register notice
with a 60-day comment period soliciting comments on the following
collection of information was published on March 24, 2016.
DATES: Comments must be submitted on or before August 15, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Safety
Regulatory Analysis Division, RRS-21, Federal Railroad Administration,
1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202)
493-6292, or Ms. Kimberly Toone, Information Collection Clearance
Officer, Office of Administration, Office of Information Technology,
RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE.,
Mail Stop 35, Washington, DC 20590, (202) 493-6132. These telephone
numbers are not toll-free.
SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, Title 5 Code of Federal Regulations (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 1320.5,
1320.8(d)(1), and 1320.12. On March 24, 2016, FRA published a 60-day
notice in the Federal Register soliciting comment on ICRs for which the
agency is seeking OMB approval. See 81 FR 15781. FRA
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received no comment in response to that notice. However, FRA did
receive a comment from the Association of American Railroads (AAR) on
February 26, 2016, in response to FRA's February 19, 2016, Federal
Register notice (see 81 FR 8588) requesting Emergency Clearance from
OMB for the information collection activities described below. FRA is
responding to that comment now.
AAR commented that FRA expects the railroads will provide
information on (i) the type of bridge (superstructure) and (ii) type of
structure (substructure). AAR states ``there are different
interpretations of these terms that fulfill the requirements of the
FAST Act, including that the `type of bridge' means its material
composition and `type of structure' means its superstructure.'' FRA
finds that AAR's comment is reasonable and FRA will interpret ``type of
bridge'' to mean its material composition and ``type of structure'' to
mean its superstructure. As examples, the combination of type of bridge
and structure could yield descriptions such as: Stone Arch, Steel
Through Plate Girder on Concrete Abutments, Steel Multi-beams on Stone
Abutments and Steel Column Bents, and Concrete Box Beams on Reinforced
Concrete Piers and Abutments.
Additionally, AAR commented that FRA will require railroads to
respond to the inspection report request within 30 days. AAR explains
that ``as the FAST Act does not require a railroad to respond to a
request in a set time period, FRA should allow a railroad additional
time to respond to a request for multiple public bridge inspection
reports.'' FRA believes that 30 days is sufficient time for railroads
to respond. However, FRA will consider longer periods on a case-by-case
basis if there are extenuating circumstances.
Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. See 44 U.S.C.
3507(b), 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. See 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see
also 60 FR 44978, 44983, August 29, 1995. OMB believes that 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. See 60 FR 44983, August 29, 1995. Therefore,
respondents should submit their respective comments to OMB within 30
days of publication to best ensure having their full effect. See 5 CFR
1320.12(c); see also 60 FR 44983, August 29, 1995.
The summary below describes the ICR and its expected burden. The
renewal request is being submitted for OMB clearance as the PRA
requires.
Title: Bridge Safety Standards.
OMB Control Number: 2130-0586.
Abstract: On December 4, 2015, U.S. President Barack Obama signed
the FAST Act into law (Pub. L. 114-94). Section 11405, Bridge
Inspection Reports, provides a means for a State or a political
subdivision of a State to obtain a public version of a bridge
inspection report generated by a railroad for a bridge located within
its respective jurisdiction. While the FAST Act specifies that requests
for such reports must be filed with the Secretary of Transportation,
the responsibility for fulfilling these requests is delegated to FRA.
See 49 CFR 1.89.
FRA previously revised its currently approved information
collection to account for the additional burden States and political
subdivisions of States will incur for requesting a public version of a
bridge inspection report generated by a railroad for a bridge located
within its respective jurisdiction. FRA developed a new form titled
``Bridge Inspection Report Public Version Request Form'' to facilitate
such State and their political subdivisions' requests. Additionally,
FRA revised its currently approved information collection to account
for the additional burden railroads will incur to provide the public
version of a bridge inspection report upon FRA request.
As background, on July 15, 2010, FRA published its Bridge Safety
Standards Final Rule. See 75 FR 41281. The final rule on bridge safety
standards normalized and established Federal requirements for railroad
bridges. The final rule establishes minimum requirements to assure the
structural integrity of railroad bridges and to protect the safe
operation of trains over those bridges. The final rule requires
railroads/track owners to implement bridge management programs to
prevent the deterioration of railroad bridges and to reduce the risk of
human casualties, environmental damage, and disruption to the Nation's
transportation system that would result from a catastrophic bridge
failure. Bridge management programs must include annual inspection of
bridges as well as special inspections, which must be conducted if
natural or accidental events cause conditions that warrant such
inspections. Lastly, the final rule requires railroads/track owners to
audit bridge management programs and bridge inspections and to keep
records mandated under 49 CFR part 237, Bridge Safety Standards. This
final rule culminated FRA's efforts to develop and promulgate bridge
safety regulations and fulfilled the Rail Safety Improvement Act of
2008 (Pub. L. 110-432, Division A) mandate.
FRA uses the information collected to ensure railroads/track owners
meet Federal standards for bridge safety and comply with all the
requirements of this regulation. In particular, FRA uses the collection
of information to confirm that railroads/track owners adopt and
implement bridge management programs to properly inspect, maintain,
modify, and repair all bridges that carry trains over them and for
which they are responsible. Railroads/track owners must conduct annual
inspections of railroad bridges. Further, railroads/track owners must
incorporate provisions for internal audits into their bridge management
program and must conduct internal audits of bridge inspection reports.
Railroads/track owners use the internal audit information to verify the
inspection provisions of the bridge management program are being
followed and to continually evaluate the effectiveness of their bridge
management program and bridge inspection activities. FRA uses this
information to ensure railroads/track owners implement a safe and
effective bridge management program and bridge inspection regime.
Type of Request: Extension without change of a currently approved
information collection under regular clearance procedures.
Affected Public: Businesses (Railroads).
Form(s): Form FRA F 6180.167.
Total Annual Estimated Responses for New FAST Act Requirements:
150.
Total Annual Estimated Responses for Entire Information Collection:
49,271.
Total Annual Estimated Burden for New FAST Act Requirements: 81
hours.
Total Annual Estimated Burden for Entire Information Collection:
224,689 hours.
Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC 20503,
Attention: FRA Desk Officer. Comments may also be sent via email to OMB
at the following address: [email protected].
Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including (i) whether the information
will have practical utility; (ii) the accuracy of the
[[Page 46156]]
Department's estimates of the burden of the proposed information
collections; (iii) ways to enhance the quality, utility, and clarity of
the information to be collected; and (iv) ways to minimize the burden
of the collections of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.
Authority: 44 U.S.C. 3501-3520.
Issued in Washington, DC, on July 12, 2016.
Corey Hill,
Executive Director.
[FR Doc. 2016-16771 Filed 7-14-16; 8:45 am]
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