August 8, 2023 60-Day FR Notice

ddrumheller on DSK120RN23PROD with NOTICES1

Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 240
(Qualification and Certification of
Locomotive Engineers) and part 242
(Qualification and Certification of
Conductors). FRA assigned the petition
Docket Number FRA–2023–0051.
Specifically, TASI requests relief
required to participate in FRA’s
Confidential Close Call Reporting
System (C3RS) Program. TASI seeks to
shield reporting employees from
mandatory punitive sanctions that
would otherwise arise as provided in
§§ 240.117(e)(1)–(4); 240.305(a)(1)–(4)
and (a)(6); 240.307; 242.403(b), (c),
(e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and
242.407. The C3RS Program encourages
certified operating crew members to
report close calls and protects the
employees and the railroad from
discipline or sanctions arising from the
incidents reported per the C3RS
Implementing Memorandum of
Understanding.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by October
10, 2023 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can

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be reviewed at https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2023–16950 Filed 8–7–23; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2022–0056]

Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 Code of
Federal Regulations (CFR) and 49 U.S.C.
20502(a), this document provides the
public notice that by letters received on
May 10, 2023, and June 8, 2023, the
Buffalo & Pittsburgh Railroad, Inc.
(BPRR) petitioned the Federal Railroad
Administration (FRA) seeking approval
to discontinue or modify a signal
system. FRA assigned the petition
Docket Number FRA–2022–0056.
Specifically, BPRR requests to
discontinue the centralized traffic
control (CTC) system on the BPRR
mainline in three locations: (1) between
the insulated joints at mileposts (MPs)
141.9 and 149.00, (2) between MP
162.10 and 169.80, and (3) between MP
199.9 and 206.28. Several block signals,
power switches, and approach signals
would be removed from service, and
‘‘power switches will be replaced with
powered DTMF switches with
simulated OS locking circuits.’’ In
support of its application, BPRR states
that ‘‘the CTC system is no longer
essential for the safe movement of traffic
as current train activity is reduced,’’ and
removal of the CTC system will improve
‘‘efficient operations.’’ BPRR also states
that ‘‘there are no opposing train
movements or fleeted trains with
following moves.’’
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a

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public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by October
10, 2023 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable. Anyone can
search the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), the U.S. Department of
Transportation (DOT) solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2023–16948 Filed 8–7–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–21]

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

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.

SUMMARY:

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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices

Interested persons are invited to
submit comments on or before October
10, 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 for each ICR,
2130–0545 and 2130–0576, respectively,
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.
Joanne Swafford, Information Collection
Clearance Officer, at email:
joanne.swafford@dot.gov or telephone:
(757) 897–9908, or Ms. Arlette
Mussington, Information Collection
Clearance Officer, at email:
arlette.mussington@dot.gov or
telephone: (571) 609–1285.
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
DATES:

1320.12. Specifically, FRA invites
interested parties to comment on the
following ICRs 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
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Respondent
universe

ddrumheller on DSK120RN23PROD with NOTICES1

CFR section

Title: Passenger Train Emergency
Procedures.
OMB Control Number: 2130–0545.
Abstract: The railroad passenger train
emergency preparedness regulations
under 49 CFR part 239, set forth FRA’s
requirements for railroads to meet
Federal standards for the preparation,
adoption, and implementation of
emergency preparedness plans
connected with the operation of
passenger trains, including freight
railroads hosting passenger rail service
operations. Part 239 also requires each
affected railroad to instruct its
employees on the provisions of its plan.
The information collected is necessary
for compliance with the regulation.
In this 60-day notice, FRA made
adjustments that increased the
previously approved burden hours from
350 hours to 353 hours. This increase,
after a thorough review, is the result of
a more accurate estimate of the annual
responses for debrief and critique
sessions under § 239.105 and emergency
preparedness plans under § 239.101/
201/203.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 34 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

Total annual
responses

Average time
per response

Total annual
burden hours

Total cost
equivalent

(A)

(B)

(C = A * B)

(D = C *
wage rates) 1

239.13—Penalties ........................................................................

FRA anticipates that there will be zero falsified records or reports during this 3-year ICR.

239.13—Waivers .........................................................................

34 railroads ..........

1 waiver petition .............

10 hours .........

10 hours .........

$859.30

239.101/201/203—Emergency preparedness plan: amended
plans.
—Non-substantive changes to emergency preparedness
plan.
—Emergency preparedness plans for new/start-up railroads.

34 railroads ..........

6 amended plans ............

16 hours .........

96 hours .........

$8,249.28

34 railroads ..........

6 amended plans ............

1 hour .............

6 hours ...........

$515.58

34 railroads ..........

1 new plan ......................

80 hours .........

80 hours .........

$6,874.40

239.101(a)(1)(i)—Communication—Initial and on-board notification.

The requirement for initial on-board notification is routine and is covered by the economic cost.

—(a)(1)(ii) RR designation of employees responsible for
maintaining emergency phone numbers for use in contacting outside emergency responders and appropriate
RR officials that a passenger emergency has occurred.
—Commuter/intercity passenger RRs gathering/keeping
emergency phone numbers.

34 railroads ..........

34 designations ..............

5 minutes .......

2.80 hours ......

$240.60

34 railroads ..........

34 lists/updated records

1 hour .............

34 hours .........

$2,921.62

—(a)(3) Coordinating applicable portions of emergency
preparedness plan between each railroad hosting passenger service and each railroad that provides or operates such service.

The burden for this requirement is covered under § 239.101/201/203
—Emergency preparedness plan: amended plans.

—(a)(5) Updating emergency responder liaison information
and conducting emergency simulation.

The burden for this requirement is covered under § 239.101/201/203
—Emergency preparedness plan: amended plans.

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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices
Respondent
universe

CFR section

Average time
per response

Total annual
burden hours

Total cost
equivalent

(A)

(B)

(C = A * B)

(D = C *
wage rates) 1

—(a)(6)(iii)–(iv) On-board emergency lighting, Maintenance
and marking of emergency exits.

The burden for this requirement is covered under OMB Control No. 2130–0576, § 238.113 (d)(1–3)
and § 238.112(d)(1–2).

—(a)(7) RR dissemination of information regarding emergency procedures/instructions.

1 new railroad ......
34 railroads ..........

350 cards + 1 safety
messages.
1000 cards +100 safety
messages.
39 debrief/critique sessions.

5 minutes .......

29.30 hours ....

$2,517.75

5 minutes .......

91.70 hours ....

$7,879.78

5 minutes .......

3.30 hours ......

$283.57

239.105—Debrief and critique sessions ......................................

34 railroads ..........

239.301(b)(c)—Maintenance and retention of operational tests/
inspection records.

This burden is covered under OMB Control No. 2130–0035 under § 217.9(d)(1).

—(d) RR retention of 1 copy of operational testing & inspection
program.

This burden is covered under OMB Control No. 2130–0035 under § 217.9(d)(2).

—(e) RR six-month review of tests/inspections and adjustments
to program of operational tests/inspections.

This burden is covered under OMB Control No. 2130–0035 under § 217.9(e).

—(f) RR annual summary of tests/inspections & record of each
summary.

This burden is covered under OMB Control No. 2130–0035 under § 217.9(f).

Total ...............................................................................

Total Estimated Annual Responses:
1,572.
Total Estimated Annual Burden: 353
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $30,342.
Title: Passenger Train Emergency
Systems.
OMB Control Number: 2130–0576.
Abstract: This information collection
is due to passenger train emergency
systems regulations under 49 CFR part
238. The purpose of this part is to
prevent collisions, derailments, and
other occurrences involving railroad
passenger equipment that cause injury
or death to railroad employees, railroad
passengers, or the general public, and to
mitigate the consequences of such

34 railroads ..........

Respondent
universe

238.112—Door emergency egress and rescue access systems:
Markings, signage, instructions.
—(e) Passenger car exterior doors intended for emergency
access by responders marked with retro-reflective material and instructions provided for their use.
—(f)(5) Markings and instructions—interior doors/removable panels or windows.

34 railroads ..........
34 railroads ..........

34 railroads ..........

—(f)(6) Testing of car door removable panels, removable
windows, manual override devices, & door retention
mechanisms as part of periodic mechanical inspection.
The sampling method must conform with a formalized
statistical test method..

1 The dollar equivalent cost is derived from the
2022 Surface Transportation Board Full Year Wage
A&B data series using the employee group 200
(Professional & Administrative) hourly wage rate of
$49.10. The total burden wage rate (Straight time

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1,572 ...............................

occurrences to the extent they cannot be
prevented. FRA further added
requirements for emergency passage
through vestibule and other interior
passageway doors and enhanced
emergency egress and rescue signage
requirements.3
FRA also established requirements for
low-location emergency exit path
markings to assist occupants in reaching
and operating emergency exits,
particularly under conditions of limited
visibility. Moreover, FRA added
standards to ensure emergency lighting
systems are provided in all passenger
cars and enhanced requirements for the
survivability of emergency lighting
systems in new passenger cars.

CFR Section

ddrumheller on DSK120RN23PROD with NOTICES1

Total annual
responses

353 hours .......

2 $30,342

In this 60-day notice, FRA has made
adjustments that decreased the burden
hours from 859 hours in the current
inventory to 755 hours in the requested
inventory. This decrease is more in line
with the anticipated annual reporting of
legible markings and instruction in
passenger cars under § 238.123(e).
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses
(railroads).
Form(s): N/A.
Respondent Universe: 34 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

Total annual
responses

Average time
per responses

Total annual
burden hours

Total cost
equivalent in
U.S. dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 4

2,250 markings/signs/instructions.
2,250 exterior door markings.

5 minutes .......

187.50 hours ..

$16,111.88

5 minutes .......

187.50 hours ..

$16,111.88

1,500 marked panels/
windows.

5 minutes .......

125.00 hours ..

$10,741.25

The burden for this requirement is covered under OMB Control No. 2130–0544 under
§ 238.307(e)(1).

plus 75%) used in the table is $85.93 ($49.10 × 1.75
= $85.93).
2 Totals may not add up due to rounding.
3 78 FR 71785 (Nov. 29, 2013).
4 Totals may not add due to rounding. The dollar
equivalent cost is derived from the 2022 Surface

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Transportation Board Full Year Wage A&B data
series using the employee group 200 (Professional
& Administrative) hourly wage rate of $49.10. The
total burden wage rate (Straight time plus 75%)
used in the table is $85.93 ($49.10 × 1.75 = $85.93).

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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices
Respondent
universe

CFR Section

238.113(d)—Emergency window exits—Markings/and instructions.

34 railroads ..........

—(e) Periodic Testing of representative sample of car
emergency exit windows as part of periodic mechanical
inspection. The sampling method must conform with a
formalized statistical test method..
238.114(d)—Rescue access windows—Markings with retro-reflective material on each exterior car.
238.121(b)—Emergency communications—Marking of each
intercom intended for passenger use on new Tier I & Tier II
passenger cars.
238.123(e)—Marked emergency roof access locations ..............

Total annual
burden hours

Total cost
equivalent in
U.S. dollar

(A)

(B)

(C = A * B)

(D = C *
wage rates) 4

60 window markings .......

15 minutes .....

15.00 hours ....

$1,288.95

34 railroads ..........
34 railroads ..........

34 railroads ..........

1,500 access window
markings.
375 marked intercom locations.

5 minutes .......

125.00 hours ..

$10,741.25

5 minutes .......

31.25 hours ....

$2,685.31

150 marked emergency
roof access locations.

30 minutes .....

75.00 hours ....

$6,444.75

The burden for this requirement is covered under OMB Control No. 2130–0544 under
§ 238.303(e)(15).
The burden for this requirement is covered under OMB Control No. 2130–0544 under § 238.303(g).

238.305—Interior calendar day mechanical inspection of passenger cars:.

The burden for this requirement is covered under OMB Control No. 2130–0544 under § 238.305.

—(c)(10), (12), and (13) Written notification to train crew of
non-complying condition.
—(c)(13)(i) Written procedures for mitigating hazards of
non-complying condition..

34 railroads ..........

250 notices .....................

2 minutes .......

8.33 hours ......

$715.80

The burden for this requirement is covered under OMB Control No. 2130–0599 under § 270.103.

238.307—Records of inspection, testing, and maintenance of
passenger car emergency window exits.

The burden for this requirement is covered under OMB Control No. 2130–0544 under
§ 238.307(e)(1).

238.311—Single Car Test: RR Copy of American Public Transportation Association (APTA) Standard (SS–M–005–98) for
RR Head Trainer.

All the members have the option to obtain a copy of APTA’s Standard on APTA’s website for free.

—Other RR copies of APTA Standard .................................

All the members have the option to obtain a copy of APTA’s Standard on APTA’s website for free.

Total ...............................................................................

Total Estimated Annual Responses:
8,335.
Total Estimated Annual Burden: 755.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $64,841.
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. 2023–16890 Filed 8–7–23; 8:45 am]
BILLING CODE 4910–06–P

ddrumheller on DSK120RN23PROD with NOTICES1

Average time
per responses

The paperwork burden for this requirement is covered under OMB Control No. 2130–0544 under
§ 238.307(e)(1).

238.303—Exterior calendar day mechanical inspection of passenger equipment: Replacement of missing, illegible, or inconspicuous markings, signage, & instructions.
—Record of Non-complying marking, signage, or instruction.

Total annual
responses

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2023–0047]

Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this

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34 railroads ..........

8,335 responses .............

document provides the public notice
that on June 25, 2023, Whitewater
Valley Railroad (WVRR) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR parts
215 (Railroad Freight Car Safety
Standards) and 224 (Reflectorization of
Rail Freight Rolling Stock). FRA
assigned the petition Docket Number
FRA–2023–0047.
Specifically, WVRR requested a
special approval pursuant to 49 CFR
215.203, Restricted cars, for a total of 6
cars, comprised of 1 side dump car (CN
56752) and 5 cabooses (B&O C–2125,
Erie 04946, NKP 759, EJ&E 521, and
C&O 90299) that are more than 50 years
from the date of original construction.
WVRR also requests relief from
§ 215.303, Stenciling of restricted cars,
and § 224.101, General requirements, to
operate the cars in tourist/excursion
service. In support of its request, WVRR
states that the cars will not be

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NA ..................

755 hours .......

$64,841

interchanged and will be operated at a
maximum speed of 15 miles per hour.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
Communications received by October
10, 2023 will be considered by FRA

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