Passenger Equipment Safety Standards

Forms and Documents

Document Name	Status
drfPassEquipSafStdsTier III FNLRLE.doc Supporting Statement A	2018-11-21
49 CFR 1.89.doc Supplementary Document	2015-12-07
49 CFR 238.doc Supplementary Document	2015-12-07
P.L.103-440A.doc Supplementary Document	2006-10-19
49 CFR 216.doc Supplementary Document	2006-10-19
49 CFR 229A.doc Supplementary Document	2006-10-19

IC Document Collections

IC ID	Document Title	Status
26472	Passenger Equipment Safety Standards	Modified

ICR Details

OMB Control No: 2130-0544	ICR Reference No: 201811-2130-002
Status: Active	Previous ICR Reference No: 201512-2130-001
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: Passenger Equipment Safety Standards
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/30/2019
	Date Received in OIRA: 12/07/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2022	36 Months From Approved	02/28/2019
Responses	4,780,138	0	4,787,651
Time Burden (Hours)	4,600,273	0	4,438,132
Cost Burden (Dollars)	193,627	0	62,040

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Abstract: This final rule amends FRA's passenger equipment safety standards using a performance-based approach to adopt new and modified requirements governing the construction of conventional and high-speed passenger rail equipment. This final rule adds a new tier of passenger equipment safety standards (Tier III) to facilitate the safe implementation of nationwide, interoperable high-speed passenger rail service at speeds up to 220 mph. While Tier III trainsets must operate in an exclusive right-of-way without grade crossings at speeds above 125 mph, these trainsets can share the right-of-way with freight trains and other tiers of passenger equipment at speeds not exceeding 125 mph. This final rule also establishes crashworthiness and occupant protection performance requirements in the alternative to those currently specified for Tier I passenger trainsets. Together, the Tier III requirements and Tier I alternative crashworthiness and occupant protection requirements remove regulatory barriers and enable use of new technological designs, allowing a more open U.S. rail market. Additionally, the final rule increases from 150 mph to 160 mph the maximum speed for passenger equipment that complies with FRA’s Tier II requirements.

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Authorizing Statute(s): US Code: 49 USC 20133 Name of Law: Railroad Safety Authorization Act of 1994
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2130-AC46	Final or interim final rulemaking	83 FR 59182	11/20/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Passenger Equipment Safety Standards

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,780,138	4,787,651	0	1,639	-9,152	0
Annual Time Burden (Hours)	4,600,273	4,438,132	0	1,443	160,698	0
Annual Cost Burden (Dollars)	193,627	62,040	0	131,587	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The total burden requested for this revised collection of information exhibits an increase of 162,141 hours and a decrease of 7,513 responses from the last approved submission. The increase in burden hours is due to both program changes under the rule’s new requirements, but is overwhelmingly due to adjustments. The two tables provided in the answer to question number 15 of the attached Supporting Justification depict both the program changes and adjusted estimates. Program changes shown in the provided table in question number 15 of the Supporting Justification increased the burden by 1,443 hours and increased the number of responses by 1,639. Adjustments shown in the provided table in question number 15 of the Supporting Justification increased the burden by 160,698 hours and decreased the number of responses by 9,152. The current inventory burden shows a total of 4,438,132 hours, while this revised submission reflects a total burden of 4,600,273 hours. Hence, there is an increase of 162,141 hours. The cost to respondents has increased by $131,587 from the last approved submission. The change in cost is the result of program changes in this final rule. The previous submission reflected a total cost to respondents of $62,040, while the present submission reflects a total cost to respondents of $193,627. Hence, there is an increase in cost of $131,587.

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Annual Cost to Federal Government: $35,096

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/07/2018

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