[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67868-67870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32666]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Proposed Agency Information Collection Activities; Comment 
Request

Agency: Federal Railroad Administration, DOT.

Action: Notice.

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SUMMARY: On June 18, November 22, and November 29, 1996, the Federal 
Railroad Administration (FRA) published final rules amending the 
railroad accident reporting regulations at 49 CFR part 225. 61 FR 
30940, 61 FR 59368, 61 FR 60632, respectively. In response to the final 
rule published June 18, 1996, several railroads and railroad 
associations filed petitions for reconsideration raising various 
concerns with its contents and its implementation date of January 1, 
1997. Some of those concerns were addressed by FRA in the November 22, 
1996 Federal Register document (61 FR 59368). The other issues were 
addressed in a document issued December 16, 1996 (FRA Docket No. RAR-4, 
Notice No. 16), which will be published in the Federal Register on 
December 23, 1996.
    Four of the several rules to amend 49 CFR part 225 that were issued 
on December 16, 1996, contain amendments to the approved information 
collection activities, while one adds a new information collection 
requirement. In accordance with the Paperwork Reduction Act of 1995 
(PRA), Pub. L. No. 104-13, Section 2, 109 Stat. 163 (1995) (codified as 
revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5 
CFR Part 1320, the Federal Railroad Administration (FRA) is announcing 
a 60-day comment period on these amendments. The information collection 
requirements contained in the June 18, 1996, final rule were approved 
by the Office of Management and Budget (OMB) under the PRA under OMB 
control number 2130-0500. This approval expires on August 31, 1999.
    Below are brief summaries of the five amendments to 49 CFR part 225 
that constitute information collection activities that FRA will submit 
for clearance by OMB as required by the PRA:
    1. FRA is excepting from the requirements regarding an Internal

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Control Plan delineated in Sec. 225.33(a)(3) through (a)(10) the 
following: (i) Railroads that operate or own track on the general 
railroad system of transportation (general system) that have 15 or 
fewer employees covered by the hours of service laws (49 U.S.C. 21101-
21107) and (ii) railroads that operate or own track exclusively off the 
general system. However, these excepted railroads must adopt and comply 
with the intimidation and harassment policies outlined in 
Sec. 225.33(a)(1) and (2). FRA has developed model statements of policy 
on intimidation and harassment to be posted by these excepted 
railroads. FRA estimates that this requirement will affect 
approximately 433 railroads. The only burden to be encountered by these 
excepted railroads will be filling in certain information on the FRA-
prepared model policy statement and posting the completed statement. It 
is estimated that this will take each railroad approximately one-half 
hour to perform. This amendment will reduce the first year burden from 
4,351 to 2,487 hours. In subsequent years the burden will be reduced 
from 350 to 14 burden hours annually.
    2. FRA is also excepting from the recordkeeping requirements 
regarding accountable injuries and illnesses and accountable rail 
equipment accidents/incidents found in Sec. 225.25(a) through (g) the 
following railroads: (i) railroads that operate or own track on the 
general system that have 15 or fewer employees covered by the hours of 
service laws (49 U.S.C. 2110121107) and (ii) railroads that operate or 
own track exclusively off the general system. FRA estimates that this 
amendment will affect approximately 433 railroads. This amendment will 
reduce the annual burden for this information collection requirement 
from 15,554 to 15,054 hours.
    3. Further, FRA is excepting railroads that operate or own track 
exclusively off the general system from all the requirements of Part 
225 to record or report injuries and illnesses incurred by all 
classifications of persons that result from most non-train incidents. 
(A small subcategory of non-train incidents involving in-service on-
track equipment must continue to be reported and recorded.) FRA 
estimates that this amendment will affect approximately 115 railroads. 
This amendment will reduce the annual burden for this information 
collection requirement from 2,592 to 2,575 hours annually.
    4. In order to minimize the burden of requiring the preparer's 
signature on each and every monthly list of reportable injuries and 
illnesses to be posted for each railroad's establishments, FRA is 
amending Sec. 225.25(h)(12) so as to provide railroads with an 
alternative to signing each establishment's monthly list. Specifically, 
the preparer of the monthly list of reportable injuries and illnesses 
for the railroad may instead sign a cover sheet or memorandum attaching 
the monthly lists for each establishment for that railroad. The cover 
sheet memorandum must list all the establishments that post the monthly 
list of reportable injuries and illnesses and must be signed by the 
preparer. This change will have minimal affect on the annual burden 
associated with this information collection requirement and will not 
reduce the time per monthly report or annual burden.
    5. Finally, FRA is amending Sec. 225.25(h), by adding 
Sec. 225.25(h)(15), to address any possible concerns with privacy 
rights of the employee by providing that the railroad is permitted not 
to post information on an injury or illness reported to FRA, if the 
employee who incurred the injury or illness makes a request in writing 
to the railroad's reporting officer that his or her particular injury 
or illness not be posted. It is estimated that approximately 25 
employees will make this request annually. FRA estimates that it will 
take a combined total of 30 minutes for the employee to prepare and 
forward the letter to the reporting officer and an additional 30 
minutes will be required for administrative purposes by the reporting 
officer to make sure the injury or illness in question does not get 
posted. The total burden for this requirement per case is one hour. The 
annual burden for this information collection requirement is 25 hours.

DATES: Comments must be received no later than February 24, 1997.

ADDRESSES: Submit written comments on any or all of the foregoing 
proposed activities by mail to either: Ms. Gloria Swanson, Office of 
Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, or 
Ms. MaryAnn Johnson, Office of Information Technology and Productivity 
Improvement, RAD-20, Federal Railroad Administration, 400 Seventh 
Street, S.W., Washington, D.C. 20590. Commenters requesting FRA to 
acknowledge receipt of their respective comments must include a self-
addressed stamped postcard stating, ``Comments on OMB control number 
2150-0500.'' Alternatively, comments may be transmitted via facsimile 
to (202) 632-3843 or (202) 632-3876 or by E-mail to Ms. Swanson at 
[email protected] or to Ms. Johnson at 
[email protected]. Please refer to the assigned OMB control 
number 2130-0500 in any correspondence submitted. FRA will summarize 
comments received in response to this notice in a subsequent notice and 
include them in its information collection submission to OMB for 
approval.

FOR FURTHER INFORMATION CONTACT: Ms. Gloria Swanson, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 400 
Seventh Street, S.W., Washington, D.C. 20590 (telephone: (202) 632-
3318) or Ms. MaryAnn Johnson, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 400 
Seventh Street, S.W., Washington, D.C. 20590 (telephone: (202) 632-
3226). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 and its 
implementing regulations require Federal agencies to provide 60 days' 
notice to the public for comment on information collection activities 
before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 
3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). 
Specifically, FRA invites interested respondents to comment on the 
foregoing summary of proposed information collection activities 
regarding the following issues: (i) Whether the information collection 
activities are necessary for FRA to properly execute its functions, 
including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the 
quality, utility, and clarity of the information being collected; and 
(iv) ways for FRA to minimize the burden of information collection 
activities on the public by automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology (e.g., permitting electronic submission of responses). See 
44 U.S.C. 3506(c)(2)(A) (i)-(iv); 5 CFR 1320.8(d)(1) (i)-(iv). FRA 
believes that soliciting public comment will promote its efforts to 
reduce the administrative and paperwork burdens associated with the 
collection of information mandated by Federal regulations and that 
comments received will advance three objectives: (i) Reduce reporting 
burdens; (ii) ensure that the agency organizes information

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collection requirements in a ``user friendly'' format to improve the 
use of such information; and (iii) accurately assess the resources 
expended to retrieve and produce information requested. See 44 U.S.C. 
3501.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 
1320.8(b)(3)(vi), 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 unless it displays a currently valid OMB 
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, D.C. on December 18, 1996.
Al Duncan,
Director, Office of Information Technology and Productivity 
Improvement, Federal Railroad Administration.
[FR Doc. 96-32666 Filed 12-23-96; 8:45 am]
BILLING CODE 4910-06-P