Federal Register, Volume 75, Number 95, May 18, 2010, Pages 27631-27922 Page: 27,686
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Federal Register/Vol. 75, No. 95/Tuesday, May 18, 2010/Proposed Rules
CFR Section Respondent universe Total annual Average time per Total annual burden
responses response hours
-Approval Process: Disapproval of RR 728 Railroads ............ 6 revised programs/ 60 minutes ................ 6 hours.
Written Program of Instruction or Writ- written resp.
ten Response in Support of Program.
220.315-Operational Tests/Inspections- 728 Railroads ............ Burden Incl. Under Burden Incl. Under Burden Incl. Under
Revision of RR Program of Operational OMB No. 2130- OMB No. 2130- OMB No. 2130-
Tests and Inspections Under Part 217 To 0035. 0035. 0035.
Include This Subpart.All estimates include the time for
reviewing instructions; searching
existing data sources; gathering or
maintaining the needed data; and
reviewing the information.
Pursuant to 44 U.S.C. 3506(c)(2)(B),
FRA solicits comments concerning:
Whether these information collection
requirements are necessary for the
proper performance of the functions of
FRA, including whether the information
has practical utility; the accuracy of
FRA's estimates of the burden of the
information collection requirements; the
quality, utility, and clarity of the
information to be collected; and
whether the burden of collection of
information on those who are to
respond, including through the use of
automated collection techniques or
other forms of information technology,
may be minimized.
For information or a copy of the
paperwork package submitted to OMB,
contact Mr. Robert Brogan, FRA Office
of Safety, Information Clearance Officer,
at 202-493-6292, or Ms. Kimberly
Toone, FRA Office of Administration,
Information Clearance Officer, at 202-
493-6132.
Organizations and individuals
desiring to submit comments on the
collection of information requirements
should direct them to Mr. Robert Brogan
or Ms. Kimberly Toone, Federal
Railroad Administration, 1200 New
Jersey Avenue, SE., 3rd Floor,
Washington, DC 20590. Comments may
also be submitted via e-mail to Mr.
Brogan or Ms. Toone at the following
addresses: robert.brogan@dot.gov;
kimberly.toone@dot.gov.
Written comments may also be sent to
the Office of Information and Regulatory
Affairs (OIRA) of the Office of
Management and Budget at 725 17th St.,
NW., Washington, DC 20503 or sent
electronically via e-mail at the following
address:
oira_submissions@omb.eop.gov.
OMB is required to make a decision
concerning the collection of information
requirements contained in this proposed
rule between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
to OMB is best assured of having its fulleffect if OMB receives it within 30 days
of publication. The final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
FRA is not authorized to impose a
penalty on persons for violating
information collection requirements
which do not display a current OMB
control number, if required. FRA
intends to obtain current OMB control
numbers for any new information
collection requirements resulting from
this rulemaking action prior to the
effective date of the final rule. The OMB
control number, when assigned, will be
announced by separate notice in the
Federal Register.
D. Environmental Impact
FRA has evaluated this NPRM in
accordance with its "Procedures for
Considering Environmental Impacts"
(FRA's Procedures) (64 FR 28545, May
26, 1999) as required by the National
Environmental Policy Act (42 U.S.C.
4321 et seq.), other environmental
statutes, Executive Orders, and related
regulatory requirements. FRA has
determined that this action is not a
major FRA action (requiring the
preparation of an environmental impact
statement or environmental assessment)
because it is categorically excluded from
detailed environmental review pursuant
to section 4(c)(20) of FRA's Procedures.
64 FR 28547, May 26, 1999. In
accordance with section 4(c) and (e) of
FRA's Procedures, the agency has
further concluded that no extraordinary
circumstances exist with respect to this
NPRM that might trigger the need for a
more detailed environmental review. As
a result, FRA finds that this NPRM is
not a major Federal action significantly
affecting the quality of the human
environment.
E. Federalism Implications
Executive Order 13132, "Federalism"
(64 FR 43255, Aug. 10, 1999), requires
FRA to develop an accountable process
to ensure "meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications." "Policies
that have federalism implications" aredefined in the Executive Order to
include regulations that have
"substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government." Under Executive
Order 13132, the agency may not issue
a regulation with federalism
implications that imposes substantial
direct compliance costs and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, the agency consults with
State and local governments, or the
agency consults with State and local
government officials early in the process
of developing the regulation. Where a
regulation has federalism implications
and preempts State law, the agency
seeks to consult with State and local
officials in the process of developing the
regulation.
Section 20106 of Title 49 of the
United States Code provides that all
regulations prescribed by the Secretary
related to railroad safety preempt any
State law, regulation, or order covering
the same subject matter, except a
provision necessary to eliminate or
reduce an essentially local safety or
security hazard that is not incompatible
with a Federal law, regulation, or order,
and that does not unreasonably burden
interstate commerce. This NPRM
proposes a regulation that is related to
railroad safety and, accordingly, is
intended to result in a final rule that has
preemptive effect pursuant to section
20106. The requirements of the final
rule would be intended to establish a
uniform Federal safety standard that
must be met, and State requirements
covering the same subject would be
displaced, whether those standards are
in the form of State statutes, regulations,
local ordinances, or other forms of State
law, including common law. This is
consistent with past practice at FRA,
and within the Department of
Transportation.
When FRA prescribes a final rule in
this rulemaking, the final rule would
not preempt an action under State law27686
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 95, May 18, 2010, Pages 27631-27922, periodical, May 18, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52676/m1/64/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.