[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Notices]
[Pages 34102-34105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16400]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Reports, Forms, and Recordkeeping Requirements; Agency 
Information Collection Activities Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (U.S.C. 
3501 et seq.), this notice announces that the Information Collection 
Requests (ICRs) abstracted below have been forwarded to the Office of 
Management and Budget (OMB) for review and comment. The ICR describes 
the nature of the information collection and its expected cost and 
burden. The Federal Register Notice with a 60-day

[[Page 34103]]

comment period soliciting comments on the following collections of 
information was published in 62 FR 15960, April 3, 1997.

DATES: Comments must be submitted no later than July 24, 1997.

FOR FURTHER INFORMATION CONTACT: Ms. Gloria Eutsler, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 400 
Seventh Street, SW., Washington, DC 20590, (202) 632-3318.

SUPPLEMENTARY INFORMATION:

Federal Railroad Administration (FRA)

Title: Certification of Glazing Material

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0525.
    Abstract: FRA's Safety Glazing Standards (49 CFR Part 223) 
establish minimum requirements for glazing materials to protect 
individuals from personal injury as a result of objects striking the 
windows of locomotives, passenger cars and cabooses. Specifically, 
Appendix A of Part 223 establishes requirements for the certification 
and permanent marking of glazing materials by the manufacturer along 
with the responsibility of the manufacturer to make available test 
verification data to railroads and the FRA upon request. The 
certification, marking and supporting testing data assures the 
railroads and the FRA that the particular type of glazing material has 
been tested and verified for use as either FRA Type I or Type II 
glazing.
    Estimated Annual Burden Hours: 321.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses.
    Number of Respondents: 5.

Title: Rear-end Marking Devices

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0523.
    Abstract: On January 11, 1977, FRA issued Part 221 (Rear End 
Marking Device--Passenger, Commuter and Freight Trains) of Title 49, 
Transportation. Through the requirements of this CFR part, FRA ensures 
that marking devices for the trailing end of rear cars meet minimum 
requirements regarding visibility and display. The regulations 
establish the performance standards for ``highly visible'' marking 
devices in order to be approved by the Federal Railroad Administrator. 
The required submissions and recordkeeping requirements enables FRA's 
enforcement personnel to effectively control the use of illegal, 
ineffective, or approved devices which do not provide sufficient 
``visibility'' to maintain the desired degree of safety in train 
operations.
    Estimated Annual Burden Hours: 21.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses.
    Number of Respondents: 5.

Title: Transmission of Train Order by Radio

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0524.
    Abstract: As a result of increasing human-factor related accident 
rates, including those accidents attributed to misuse of radios in 
railroad operations, the FRA determined that there was a need for 
stricter rules governing the use of radios in railroad operations. Many 
unsafe practices in the use of radios in railroad operations were 
occurring routinely. On January 27, 1977, the FRA published in the 
Federal Register a final rule establishing a new Part 220 (Radio 
Standards and Procedures) which prescribes mandatory procedures 
governing the use of radio communications in connection with railroad 
operations. FRA's Office of Safety personnel reviewed this information 
to determine that the minimum standards established by the regulation 
are being met and will enable both the railroads and the FRA to focus 
attention on these procedures which are unique to radio-train 
operations. FRA's analysis of the submittal will enable it to identify 
unsafe operating practices in the use of radio communications in 
railroad operations. If the submissions were not required, accidents 
would then be the primary method of identification and prevention 
efforts would be hampered.
    Estimated Annual Burden Hours: 240,000.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses.
    Number of Respondents: 400.

Title: Railroad Operating Rules and Radio Standards and Procedures

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0035.
    Abstract: As a result of an increasing number of accidents caused 
by human factors, the FRA determined that railroad operating rules, 
implemented by all of the nation's railroads, needed regulatory review. 
On November 23, 1974, FRA issued Part 217 (Railroad Operating Rules), 
39 FR 41175 (1974). These rules were substantially revised on August 
22, 1994. The requirements of this rule enables FRA to monitor each 
railroad's compliance with its operating rules regarding the movement 
of trains and other rolling equipment in the railroad industry and the 
operating rules instructions that each railroad provides to its 
employees. FRA's Office of Safety analyzes the information in 
considering waiver petitions, accident investigations, and inquiries 
into operating practices on selected railroads. Information will also 
enable the FRA to review amendments to railroad operating rules, 
timetables, and timetable special instructions and evaluate those 
changes in reference to operational safety. Furthermore, this 
information enables FRA to monitor a railroad's compliance with its 
operating rules and evaluate a railroad's program to achieve employee 
compliance with its operating rules. If this information was not made 
available to FRA, such nondisclosure would impede prevention efforts, 
leaving accidents as the primary method to identify unsafe railroad 
operating practices.
    Estimated Annual Burden Hours: 131,147.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses.
    Number of Respondents: 600.

Title: State Safety Participation Regulations

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0509.
    Abstract: On October 16, 1970, Congress enacted the Federal 
Railroad Safety Act of 1970 (45 U.S.C. 435). This Act gave the 
Secretary of Transportation the authority to prescribe, as necessary, 
appropriate rules, regulations, orders, and standards for all areas of 
railroad safety. In order to establish nationally uniform railroad 
regulations, the statute envisioned that the Federal Government would 
be responsible for the establishment and primary enforcement of 
railroad safety regulations. To assist in achieving this goal, 
conflicting state rules were preempted. In lieu of their prior role, 
states were given the opportunity to participate with the Federal 
Government in carrying out a portion of the investigative and 
surveillance activities relating to any safety rules issued under this 
statute.
    FRA implemented this statutory concept with the adoption of the 
State Participation Regulation in 1975 (49 CFR Part 212) which provided 
the necessary administrative and legal framework for enforcement and 
funding purposes. Federal funding for the state participation program 
was eliminated in Fiscal Year 1986. State inspectors are

[[Page 34104]]

now authorized to work in all FRA inspection disciplines. States can 
currently inspect track, freight cars, locomotives, brake systems, 
operating practices, safety glazing, safety appliances, hazardous 
materials, and signal systems. FRA continues to assist the states in 
(1) certifying their inspectors and provides on-the-job and classroom 
training and (2) coordinating and consolidating state inspection plans 
into FRA's National Inspection Plan. This plan is revised annually to 
reflect current safety issues and to establish the priority of national 
inspection efforts and ensure coordination with state safety programs.
    The information is collected in order to comply with Federal 
railroad safety laws and regulations concerning the State Participation 
Program. Inspection information received from state agencies on their 
railroad safety investigative and surveillance activities will be used 
by FRA to implement the statutory laws. A portion of the information is 
needed to establish the legal authority for certain aspects in 
processing administrative or litigation responses in noncompliance 
situations. The final portion of the information is needed for the 
overall administration and management of the program. These data are 
used in monitoring the effectiveness of the program and in preparing 
various annual safety reports including mandated reports to the 
Congress. From this information, FRA can determine if the State 
Participation Program is being productive and properly managed.
    Estimated Annual Burden Hours: 12,041.
    Form Number(s): 6180.10, 29, 29A, 67, 68, 68A, 69, 79, 96, 96A, 
96B.
    Affected Public: States, Local or Tribal Government.
    Number of Respondents: 32.

Title: Qualification of Locomotive Engineers

    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0533.
    Abstract: Section 4 of the Rail Safety Improvement Act of 1988 
required FRA to adopt rules prescribing the licensing or certification 
of locomotive operators. Under the statute those rules were to be 
structured so that (1) FRA approves the qualification standards set by 
railroads; (2) FRA prescribes minimum training requirements; (3) FRA 
requires comprehensive knowledge of relevant operating procedures; and 
(4) consideration of motor vehicle driving records (including data on 
file with the National Driver Register maintained by National Highway 
Traffic Safety Administration) (NHTSA) is provided for. On June 19, 
1991, FRA issued a final rule on Qualifications for Locomotive 
Engineers implementing the requirements of Section 4 of the Rail Safety 
Improvement Act of 1988.
    Information collection requirements concerning individuals 
primarily will be used by railroads to evaluate each person's 
qualification to be a locomotive operator. Secondary usage will be made 
by FRA in monitoring those qualification determinations and in certain 
circumstances (appeals of improper denial or revocation of 
certification) direct review of the person's fitness to be a locomotive 
operator. Information concerning an individual encompasses four areas: 
(1) Eligibility to be a locomotive operator based on prior conduct; (2) 
physical fitness to perform the task in terms of visual and hearing 
acuity; (3) possession of adequate knowledge to perform the task as 
demonstrated by successful passage of examinations; and (4) possession 
of adequate operational skills as demonstrated by successful passage of 
performance skill tests. In the absence of the data or any subset of 
this data, it will not be possible for a railroad to determine whether 
a person is qualified to operate a locomotive. Stated conversely, 
railroads will be free to certify unqualified persons to operate 
locomotives. Furthermore, absent such data it would not be possible for 
FRA to determine whether a railroad had acted appropriately in granting 
or denying a person certification.
    Information collection requirements concerning particular railroads 
will be used by FRA to evaluate the quality of each railroad's 
localized aspect of the overall program. Information concerning each 
railroad's program encompasses eight areas: (1) the selection of 
designated supervisors of locomotive engineers, (2) the selection of 
the classes of service for engineers, (3) the evaluation of the safety 
conduct of engineers, (4) the evaluation of engineer's hearing and 
visual acuity, (5) the education of engineers, (6) the testing of 
engineers, (7) the operational monitoring of engineers and (8) the 
procedural aspects of the operation of the certification program. In 
the absence of the data or any subset of this data, it will not be 
possible for FRA to determine whether a railroad has an appropriate 
method for determining that a person is qualified to operate a 
locomotive.
    Estimated Annual Burden Hours: 182,362.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses
    Number of Respondents: 620.

Title: Hours of Service Regulations

    Type of Request: Reinstatement, with change, of a previously 
approved collection for approval has expired.
    OMB Control Number: 2130-0005.
    Abstract: These requirements resulted from enactment of the Hours 
of Service Act of 1907, later revised in 1969 by Public Law 91-169. 
Further amendments were enacted as part of the Federal Railroad Safety 
Authorization Act of 1976, Public Law 94-348. The stated purpose of the 
Act is ``* * * to promote the safety of employees and travelers upon 
railroads by limiting the hours of service of employees * * *.''
    Congress enacted the Act because of the many serious accidents that 
were occurring before the limitations were imposed. The Act specified 
the maximum working hours of employees engaged in one or more critical 
categories of work. Through the requirements of 49 CFR Part 228, the 
Federal Railroad Administration administers the requirements of the 
Hours of Service Act.
    The recordkeeping requirements contained in 49 CFR Part 228 were 
designed to collect the hours of duty for covered employees, and 
records of train movements. Railroads whose employees have exceeded 
maximum duty limitations must report the circumstances. These 
requirements serve as a deterrent to violations and to document 
violations for prosecution. Loss of life caused by excess service today 
is practically non-existent.
    The regulations pertaining to construction of employee sleeping 
quarters are contained in Subpart C of 49 CFR Part 228 (Hours of 
Service of Railroad Employees). A railroad that has developed plans for 
construction or reconstruction of sleeping quarters must obtain 
approval of the Federal Railroad Administration by filing a petition 
conforming to the requirements of Sections 228.101, 228.103, and 
228.105.
    FRA's Office of Safety utilizes the information while performing 
compliance, violation and accident investigations. Without this 
information, FRA would be handicapped during enforcement and a railroad 
would permit excess service to occur.
    The information contained in the petitions for approval for 
construction of employee sleeping quarters is used by FRA headquarters 
staff to prepare and issue the public notice, by regional staff in 
investigation of the petitions, and by the Associate Administrator for 
Safety to render an informed and logical approval or denial of such 
petitions.
    Estimated Annual Burden Hours: 748,791.

[[Page 34105]]

    Form Number(s): 6180.3.
    Affected Public: Railroad Businesses.
    Number of Respondents: 400.
    Title: Designation of Qualified Persons (Track) and Records of 
Results of Track Inspections
    Type of Request: Extension of a currently approved information 
collection.
    OMB Control Number: 2130-0010.
    Abstract: The Track Standards (49 CFR 213) establish requirements 
for the inspection of all track to determine its suitability for train 
operation and Section 213.7 prescribes that inspections for 
determination of safety compliance must be conducted by persons 
possessing the necessary qualifications and authority to institute 
immediate remedial action. Since the first indications of impending 
safety defects must be recognized and acted upon by the railroad 
employee assigned to inspect track, it is imperative that the 
individual assigned possess the experience and knowledge required to 
effectively perform that function. The railroads are required to assure 
themselves that any person assigned to inspect track or repair track is 
indeed qualified and to maintain a list of those employees. The form of 
that record is left to the discretion of the railroad and may be 
computerized. However, the record must show each designation in effect 
and the basis for each designation. These records must be kept current 
and available to Federal and State track inspectors engaged in the 
enforcement of the Track Standards.
    Subpart F of the Track Standards (49 CFR 213) establishes 
requirements for the inspection of all track by qualified persons to 
determine its suitability for train operation and Section 213.241 
prescribes that appropriate records of those inspections be maintained 
at the railroad's division headquarters. The form of that record is 
left to the discretion of the railroad and may be either preprinted or 
computerized. However, the record must show when the inspection was 
made, the specific track inspected, any conditions which requires 
repair and must be signed by the inspector. Track inspection records 
must be retained at the railroad's division headquarters for one year. 
Rail inspection records must be retained for two years after the 
inspection.
    These reports are used initially by the railroad companies to see 
that tracks are inspected periodically, that the inspectors are 
properly qualified, that the tracks are in safe condition for train 
operations, and the reports may be used for maintenance planning where 
repetitive defective conditions occur.
    These same inspection reports are examined periodically by Federal 
and State investigators to determine the railroad's compliance with the 
inspection frequency requirement of the Track Safety Standards and 
persons assigned to inspect tracks have been properly designated. By 
comparison of remedial action notations on the reports with actual 
track conditions, it is possible to judge the quality of railroad 
performed inspections. The railroads employ some 5,000 persons who are 
routinely engaged in track inspection and the review of these reports 
may reveal weaknesses, if any, in the railroad's inspection and 
maintenance program or discrepancies in employee designation. The 
absence of these inspection reports would substantially harm the 
Government's railroad safety program.
    Estimated Annual Burden Hours: 1,764,774.
    Form Number(s): N/A.
    Affected Public: Railroad Businesses.
    Number of Respondents: 500.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th Street, NW., 
Washington, DC 20503, Attention: DOT Desk Officer. Comments are invited 
on whether the proposed collection of information is necessary for the 
proper performance of the functions of the Department, including 
whether the information will have practical utility; the accuracy of 
the Department's estimate of the burden of the proposed information 
collection; ways to enhance the quality, utility and clarity of the 
information to be collected; and ways to minimize the burden of the 
collection of information on respondents, including the use of 
automated collection techniques or other forms of information 
technology.

    Issued in Washington, DC on June 17, 1997.
Vanester M. Williams,
Clearance Officer, United States Department of Transportation.
[FR Doc. 97-16400 Filed 6-23-97; 8:45 am]
BILLING CODE 4910-62-P