April 24, 2017, FR Notice

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Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

government-owned equipment to
provide intermittent passenger
transportation. G4S states that the
company believes that this exemption
proposal achieves a level of safety that
is equivalent to the ELD mandate that
takes effect on December 18, 2017—
because its drivers would still be subject
to the hours-of-service (HOS)
restrictions contained in 49 CFR part
395 and would continue to (when
required) record their duty status on
paper logbooks, just as driveawaytowaway drivers are authorized to do.
A copy of G4S’s application for
exemption is available for review in the
docket for this notice.
Issued on: April 14, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–08092 Filed 4–20–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2017–0002–N–11]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and comment request.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA), this notice
announces FRA is forwarding for
renewal the Information Collection
Request (ICR) abstracted below to the
Office of Management and Budget
(OMB) for review and comment. The
ICR describes the information collection
and its expected burden. On December
21, 2016, FRA published a notice
providing a 60-day period for public
comment on the ICR.
DATES: Comments must be submitted on
or before May 22, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey
Avenue SE., Mail Stop 25, Washington,
DC 20590 (Telephone: (202) 493–6292);
or Ms. Kim 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 (Telephone: (202) 493–6132).

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SUMMARY:

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(These telephone numbers are not toll
free.)
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.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), and 1320.12. On December
21, 2016, FRA published a 60-day notice
in the Federal Register soliciting
comment on the ICR for which it is now
seeking OMB approval. See 81 FR
93725. On February 21, 2017, FRA
received one comment in response to
the 60-day notice from Mr. Jeffrey S.
Hollister, President and CEO of
American Railcar Industries (ARI), Inc.
Many of ARI’s comments focus on the
substantive merits of the Railworthiness
Directive and Revised Railworthiness
Directive (collectively RWD or Directive
unless stated otherwise) this ICR
pertains to and FRA’s authority to issue
the RWD. Because these comments are
outside the scope of the PRA burden
analyzed in this notice, and because the
RWD is currently the subject of a legal
action brought by ARI, FRA cannot
respond to those comments in this
notice. Consistent with the PRA,
however, FRA is addressing each of
ARI’s comments on the accuracy of
FRA’s estimates of the burdens of the
information collection activities
associated with the RWD.
In its comments, ARI expresses the
view ‘‘FRA dramatically underestimates
the burdens created by the information
collection activities required by the
Directive.’’ Specifically, ARI alleges
FRA’s burden estimates are too low in
the following eight instances:
(1) To identify the 14,800 tank cars
subject to the Directive, FRA estimated
the total annual burden as 80 hours, but
ARI estimates 900 hours because ‘‘the
time calculated to respond to 100
lessees at 4 hours each is 400 hours,
plus FRA failed to account for 500 hours
ARI already has invested in supporting
customer requests for information on
the application of the Directive to their
cars’’;
(2) To visually inspect the 14,800 tank
cars prior to each loaded trip, FRA
estimated the total annual burden as
7,400 hours, but ARI estimates 98,667
hours. ARI estimates an average of 20
railcar loadings and 20 minutes for each
inspection and the associated
documentation requirements;
(3) To inspect and test the sump and
bottom outlet valve (BOV) skid groove
attachment welds and maintain record
results for over 2,200 tank cars, FRA

SUPPLEMENTARY INFORMATION:

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estimates the total annual burden hours
as 6,600 hours, but ARI estimates 53,200
hours based on the assumption that
each inspection and test will take 26.5
hours;
(4) FRA estimated no total annual
burden hours for removal of tank linings
to perform visual inspections on 0
percent of the cars to be inspected. ARI
estimates 2 hours per car or an
additional 1,320 total annual burden
hours;
(5) To train and test tank car
mechanics who are not qualified on
non-destructive testing (NDT)
procedures and record qualification,
FRA estimated the total annual burden
as 132 hours, but ARI estimates 640
hours. ARI asserts FRA did not take into
account the need to train 100 inspectors,
develop the NDT procedures, or prepare
specimens and training procedures;
(6) For tank car notification to all
parties of the terms of the Directive and
inspection/testing schedule, FRA
estimated the total annual burden as 100
hours, but ARI estimates 8,800 hours.
ARI notes that ‘‘FRA estimates only 100
notices at one hour each while ARI
assumes this task requires the
development of over 2,200 plans at 4
hours per car to get each car to a shop,
develop a freight plan, shop schedule,
and out-of-service time’’;
(7) For reports of inspection, test, and
repair to FRA, ARI states FRA estimated
the total annual burden hours as 3,300
hours, but ARI estimates 6,600 hours.
(FRA notes that, in its approved
Emergency Clearance submission to
OMB, it previously estimated this
burden at 33,600 hours, not the
erroneous 3,300 hours in its 60-day
December 21, 2016, Federal Register
notice which ARI cited in its
comments). ARI explains it estimates 3
hours per car/report ‘‘in order to include
the time ARI spends to review the
reports, correct factual errors, store
results, update the database and provide
summaries to the FRA’’; and
(8) For tank car facility requests to
tank car owners for written permission
and approval of qualification and
maintenance programs, FRA estimated
the total annual burden as 7 hours, but
ARI estimates 660 hours for 330 cars
(15%) which will require owner’s
approval and instructions prior to repair
which will require 2 hours per car.
After careful consideration of ARI’s
comments and estimates, FRA reviewed
its own estimates and either validated
its initial estimates or adjusted its
estimates in light of ARI’s comments. As
a result, FRA now estimates a total
annual burden for this ICR in excess of
the 68,953 hours originally approved by
OMB on October 18, 2016, in FRA’s

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Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
Emergency Clearance submission. FRA’s
modified burden estimates are as
follows:
(1) To identify the railroad tank cars
subject to the RWD, FRA stands by its
original estimate of 20 identifications/
reports—one report for each of the
estimated 20 tank car owners/100
lessees (5 lessees per tank car owner are
included/incorporated in each
identification/report)—and 80 hours (4
hours per identification/report). FRA
believes ARI’s estimate of 900 hours is
excessive because tank cars built to the
ARI or ACF Industries, LLC (ACF) 300
stub sill design and subject to the
Directive are easily identifiable based
upon their certificates of construction
which all tank car owners are required
to retain;
(2) To visually inspect the tank cars
prior to each loaded move, FRA has
revised its previous estimate of 7,400
total annual burden hours to 14,529
total burden hours. FRA believes the
number of annual load moves is 6 and
each visual inspection/record takes
approximately 10 minutes to complete,
while ARI estimates there are 20 annual
load moves per year and each visual
inspection/record takes 20 minutes to
complete. To arrive at its total burden of
98,667 hours, ARI more than triples the
number of annual load moves (20 moves
instead of 6 moves) and doubles the
time to complete each visual inspection/
record (20 minutes instead of 10
minutes). FRA subject matter experts
state the number of annual load moves
is well under 10 and completing the
required visual inspection/record is not
a time consuming process and should
take significantly less than 20 minutes;
(3) To inspect and test the sump and
BOV skid groove attachment welds and
maintain record results, FRA has
revised its estimate to reflect the 2,175
cars subject to this requirement (15
percent of the estimated fleet of 14,500
cars subject to the Directive) 1 and has
increased its estimate of the average
time it takes to complete this
requirement from 2 hours to 19 hours
(i.e., 4 hours for cleaning, inbound
inspection, and estimating (write-up),
plus 3 hours for inspection, testing,
records preparation for visual and
ultrasonic testing, plus 12 hours for car
repairs). Thus, FRA has raised its
previous estimate of 6,600 total annual
burden hours to 41,325 total annual
burden hours. FRA’s adjusted estimate
of 41,325 hours approximates the ARI
asserted total burden of 53,200 hours.
1 FRA recognizes the total fleet of cars subject to
this RWD is approximately 14,800, but based on
written and verbal reports provided to FRA to date,
FRA understands that 300 cars have already been
inspected under terms meeting the RWD.

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Again, the experience of FRA subject
matter experts supports this revised
number as closer to the true burden than
either FRA’s initial estimate or ARI’s
estimate in its comments;
(4) For removal of the tank lining as
part of the visual inspection/testing/
repair requirement, FRA believes it will
be necessary to remove the tank lining
in 435 tank cars to conduct the
inspections and tests this RWD requires
(20% of the 2,175 cars to be inspected
under this RWD (again, 2,175 is 15% of
the estimated total fleet subject to the
RWD)). In its comments, ARI estimates
it will be necessary to remove the tank
lining in 660 cars (approximately 30
percent of the cars required to be
inspected under this RWD). FRA also
estimates this process will take an
average of 2 hours per car to complete.
FRA’s revised burden total amounts to
870 hours while ARI’s total burden is
1,320 hours. FRA believes this estimate
is closer to the actual burden, as
supported by the experience of its
subject matter experts;
(5) To train and test tank car
mechanics who are not qualified on
NDT procedures and record
qualification, FRA has revised its
original estimate of the total number of
individuals who will need such training
to 90. FRA now estimates it will take
approximately 2 hours to train each
person (for a total annual burden hours
of 180 hours). ARI estimates 100
individuals will be trained and it will
take approximately 6.4 hours to
complete each person’s training (for a
total annual burden of 640 hours). FRA
and ARI are in the same vicinity
concerning the number of individuals to
be trained, but disagree on the average
time to complete the necessary training.
FRA has doubled its original average
time estimate and believes two hours is
more than adequate to complete this
requirement;
(6) For tank car notification to all
parties of the terms of the Directive and
inspection/testing schedule, FRA is
maintaining its estimate of 100
notifications to the affected parties (i.e.,
tank car lessees), but is doubling the
average time to complete each
notification to 2 hours (for a total
burden of 200 hours). ARI calculates its
estimated burden of 8,800 hours to
include 2,200 cars and 4 hours to
complete each required notification.
However, ARI misinterprets the
requirement and applies the
notifications to cars rather than all
parties under contract to tank car
owners. Consequently, it vastly
overestimates the number of
notifications. ARI’s average time
estimate of 4 hours per notification is

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18823

double FRA’s revised estimate and
because it is based on cars, not parties
under contract to the tank car owners,
it is not based on facts and is
unrealistic;
(7) For reports of inspection, test, and
repair information to FRA, FRA already
accounted for this burden in its earlier
19-hour estimate in (3) above for
inspection, testing, repair, and
corresponding records that totaled
41,325 hours. ARI estimated this burden
at 53,200 hours as explained in (3)
above, but then includes an additional
burden here of 6,600 hours. Thus, ARI
has mistakenly double-counted this
burden;
(8) For tank car facility requests to
tank car owners for written permission
and approval of qualification and
maintenance programs, FRA stands by
its original total annual burden estimate
of 7 hours (20 written requests plus 20
written permissions at 10 minutes each).
FRA believes ARI’s estimate of 660
hours misinterprets the requirement.
ARI includes a written permission by
the tank car owner for 330 cars (15% of
2,220 cars) rather than for the
qualification and maintenance program
operated by the tank car facility. FRA
does not believe it will take triple the
time (60 minutes as opposed to 20
minutes) to complete each written
request and triple the time to complete
each written permission (again 60
minutes as opposed to 20 minutes).
Thus, FRA is maintaining its original
estimate for this requirement;
(9) For reports by tank car facilities to
tank car owners of all work performed
and all observed damage, deterioration,
failed components, or noncompliant
parts under 49 CFR 180.513, FRA
estimates there will be 2,175 repair
reports/records and it will take
approximately 12 hours to complete
each weld defect repair and associated
report/record for a total annual burden
of 26,100 hours. ARI did not state its
estimate for this requirement in its
comment. Nevertheless, based on its
stated total burden of 176,092 hours, it
appears ARI estimated a total of 2,200
reports would be completed with an
average time of 2.411 hours to complete
each repair report/record (for a total of
5,305 hours). FRA believes ARI
underestimated the time necessary to
complete repairs for weld defects and
the corresponding report/record and,
thus, the true burden. FRA is once again
relying on the experience and
knowledge of its subject matter experts;
and
(10) Finally, regarding the new
exemption provision in the Revised
Directive, FRA estimates 10 tank car
owners will request exemptions from all

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or part of the requirements of the RWD
for a total of 149 hours (14.9 hours per
petition). Neither FRA nor ARI
accounted for this potential burden
previously.
Overall, FRA’s modified estimates
amount to 83,440 hours. For the reasons
outlined above, FRA believes this
revised total is more accurate and more
reasonable than its original estimates 2
and ARI’s estimate of 176,092 hours.
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 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. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); 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 this notice’s
publication. 5 CFR 1320.12(c); see also
60 FR 44983, Aug. 29, 1995.
The summary below describes the ICR
and its expected burden. FRA is
submitting this renewal request for
clearance by OMB as the PRA requires.
Title: Railworthiness Directive (RWD)
RWD 2016–01 [REVISED] (previously
approved by OMB under the title
Railworthiness Directive for Certain
Tank Cars Equipped with Bottom Outlet
Valve Assembly and Constructed by
American Railcar Industries and ACF
Industries).
OMB Control Number: 2130–0616.
Abstract: An FRA investigation
identified a certain design of
specification DOT–111 tank cars that
ARI and ACF manufactured using
welding practices not in conformance
with Federal regulations and
Association of American Railroads’
welding specifications. The cars are
built to the ARI and ACF 300 stub sill
design and equipped with a two-piece
cast sump and BOV skid. As a result of
the non-conforming welding practices,
these cars may have substantial weld
defects at the sump and BOV skid
groove attachment welds, potentially
affecting each tank’s ability to retain its
contents during transportation. On
September 30, 2016, FRA issued the
initial RWD. On November 18, 2016,
2 FRA notes its December 21, 2016, 60-day
Federal Register notice contained an error in math.
The total burden in that notice should have been
30,240 hours higher (for a total burden of 53,164
hours). See 81 FR 93725.

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FRA issued a Revised Directive. The
Revised Directive requires owners to: (1)
Identify tank cars in their fleet covered
by the Directive; and (2) ensure
appropriate inspection and testing of
each tank car’s sump and BOV skid
groove attachment welds to ensure no
flaw exists which could result in the
loss of tank integrity. This ICR applies
to the Revised Directive.
Type of Request: Regular clearance of
an information collection previously
approved under emergency processing
procedures.
Affected Public: Businesses (tank car
owners, shippers, and tank car
facilities).
Form(s): N/A.
Total Estimated Annual Responses:
92,250.
Total Estimated Annual Burden:
83,440 hours.
Addressee: Send comments regarding
these information collections to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW.,
Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be
sent via email to OMB at the following
address: oira_submissions@
omb.eop.gov.
Comments are invited on the
following: Whether the proposed
collections of information are necessary
for DOT to properly perform its
functions, including whether the
information will have practical utility;
the accuracy of DOT’s estimates of the
burden of the proposed information
collections; ways to enhance the quality,
utility, and clarity of the information to
be collected; and 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.
Authority: 44 U.S.C. 3501–3520.
Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017–08104 Filed 4–20–17; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[NHTSA–2017–0008]

Notice of Request for Applications for
Appointment to the National
Emergency Medical Services Advisory
Council
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

AGENCY:

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Notice of Request for Applicants
for Appointment/Reappointment to the
National Emergency Medical Services
Advisory Council (NEMSAC).

ACTION:

NHTSA and its partners at the
Departments of Health and Human
Services (HHS) and Homeland Security
(DHS) are soliciting applications for
appointment or reappointment to DOT’s
NEMSAC. The purpose of NEMSAC, a
nationally recognized council of
emergency medical services
representatives and consumers, is to
advise and consult with DOT and the
Federal Interagency Committee on EMS
(FICEMS) on matters relating to
emergency medical services (EMS).
More information on NEMSAC,
including its previous
recommendations, its charter, and its
current membership is available at
www.EMS.gov/NEMSAC.htm.
DATES: Application packages as
described below must be received by
NHTSA on or before June 16, 2017.
ADDRESSES: If you wish to apply for
membership, your application package
should be submitted by:
• Email: NEMSAC@dot.gov;
• Fax: (202) 366–7149; or
• Mail: Use only overnight mail such
as UPS or FedEx to:
U.S. Department of Transportation,
National Highway Traffic Safety
Administration, Office of Emergency
Medical Services, Attn: Susan McHenry,
1200 New Jersey Avenue SE., NTI–140,
Washington, DC 20590.
Any person needing accessibility
accommodations should contact Susan
McHenry at (202) 366–6540.
FOR FURTHER INFORMATION CONTACT: The
Designated Federal Officer, Jon
Krohmer, Director, Office of Emergency
Medical Services at (202) 366–9966; or
Susan McHenry at (202) 366–6540 or via
email at NEMSAC@dot.gov.
SUPPLEMENTARY INFORMATION: Notice of
this call for applications is given under
the Federal Advisory Committee Act,
Public Law 92–463, as amended (5
U.S.C. App. 2). The NEMSAC is
authorized under Section 31108 of the
Moving Ahead with Progress in the 21st
Century Act of 2012.
The National Highway Traffic Safety
Administration is hereby soliciting
nominations for members of the
NEMSAC. The Secretary of
Transportation, in coordination with
HHS and DHS, will appoint 25 Council
members on or around July 21, 2017.
Members will be selected with a view
toward achieving a varied and balanced
perspective on emergency medical
services. The Council will be composed
of non-Federal experts representing
SUMMARY:

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