[Federal Register Volume 65, Number 27 (Wednesday, February 9, 2000)]
[Notices]
[Pages 6438-6441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2836]


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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: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking renewal of the following currently 
approved information collection activities. Before submitting these 
information collection requirements for clearance by the Office of 
Management and Budget (OMB), FRA is soliciting public comment on 
specific aspects of the activities identified below.

DATES: Comments must be received no later than April 10, 2000.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Office of 
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 1120 Vermont Ave., NW, Mail Stop 17, Washington, DC 
20590, or Ms. Dian Deal, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., NW, Mail Stop 35, Washington, DC 20590. Commenters 
requesting FRA to acknowledge receipt of their respective comments must

[[Page 6439]]

include a self-addressed stamped postcard stating, ``Comments on OMB 
control number __. Alternatively, comments may be transmitted via 
facsimile to (202) 493-6265 or (202) 493-6170, or E-mail to Mr. Brogan 
at [email protected], or to Ms. Deal at [email protected]. 
Please refer to the assigned OMB control number 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: Mr. Robert Brogan, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 
Vermont Ave., NW, Mail Stop 17, Washington, DC 20590 (telephone: (202) 
493-6292) or Dian Deal, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., NW, Mail Stop 35, Washington, DC 20590 (telephone: (202) 
493-6133). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Pub. L. No. 104-13, Sec. 2, 109 Stat. 163 (1995) (codified as revised 
at 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 
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 following summary of 
proposed information collection activities regarding (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. In summary, FRA reasons that comments received will 
advance three objectives: (i) reduce reporting burdens; (ii) ensure 
that it organizes information 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.
    Below are brief summaries of eight currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:

    Title: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Abstract: Title 49, part 215 of the Code of Federal Regulations, 
prescribes certain conditions to be followed for the movement of 
freight cars that are not in compliance with this Part. These cars must 
be identified in a written report to FRA before they are assigned to 
dedicated service, and the words ``Dedicated Service'' must be 
stenciled on each side of the freight car body. FRA uses the 
information to determine whether the equipment is safe to operate and 
that the operation qualifies for dedicated service. See 49 CFR 215.5 
(c) (2), 215.5 (d).
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion.
    Total Responses: 6.
    Estimated Annual Burden: 6 hours.
    Status: Regular Review.

    Title: Remotely Controlled Railroad Switch Operations.
    OMB Control Number: 2130-0516.
    Abstract: Title 49, Section 218.30 of the Code of Federal 
Regulations (CFR), ensures that remotely controlled switches are lined 
to protect workers who are vulnerable to being struck by moving cars as 
they inspect or service equipment on a particular track or, 
alternatively, occupy camp cars. FRA believes that production of 
notification requests promotes safety by minimizing mental lapses of 
workers who are simultaneously handling several tasks. Sections 218.30 
and 218.67 require the operator of remotely controlled switches to 
maintain a record of each notification requesting blue signal 
protection for fifteen days. Operators of remotely controlled switches 
use the information as a record documenting blue signal protection of 
workers or camp cars. This record also serves as a valuable resource 
for railroad supervisors and FRA inspectors monitoring regulatory 
compliance.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                  Respondent                                               Average time
                  CFR section                      universe              Total annual  responses           per response    Total annual    Total annual
                                                  (railroads)                                                (minutes)     burden hours     burden cost
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Blue Signal Protection........................             350  3,600,000 records.......................               4         240,000      $6,240,000
Camp cars.....................................             600  4,000 notifications.....................               4             267           6,942
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    Total Estimated Annual Burden: 240,267 hours.
    Status: Regular Review.

    Title: Bad Order and Home Shop Card.
    OMB Control Number: 2130-0519.
    Abstract: Under 49 CFR part 215, each railroad is required to 
inspect freight cars placed in service and take the necessary remedial 
action when defects are identified. Part 215 defects are specific in 
nature and relate to items that have or could have caused accidents or 
incidents. Section 215.9 sets forth specific procedures that railroads 
must follow when it is necessary to move defective cars for repair 
purposes. For example, railroads must affix a ``bad order'' tag 
describing each defect to each side of the freight car. It is 
imperative that a defective freight car be tagged ``bad order'' so that 
it may be readily identified and moved to another location for repair 
purposes only. At the repair point, the ``bad order'' tag serves as a 
repair record. Railroads must retain each tag for 90 days to verify 
that proper repairs were made at the designated location. FRA and State 
inspectors review all pertinent records to determine whether defective 
cars presenting an immediate hazard are being moved in transportation.

[[Page 6440]]

    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 685 railroads.
    Total Responses: 50,000 tags.
    Average Time per Response: 10 minutes.
    Estimated Total Annual Burden: 8,333 hours.
    Status: Regular Review.

    Title: Stenciling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    Abstract: Title 49, Section 215.301 of the Code of Federal 
Regulations, sets forth certain requirements that must be followed by 
railroad carriers and private car owners relative to identification 
marks on railroad equipment. FRA, railroads, and the public refer to 
the stenciling to identify freight cars.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 685 railroads.
    Total Responses: 35,000 cars stencilled.
    Average Time per Response: 45 minutes.
    Estimated Total Annual Burden: 26,250 hours.
    Status: Regular Review.

    Title: Disqualification Proceedings.
    OMB Control Number: 2130-0529.
    Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue 
orders disqualifying railroad employees, including supervisors, 
managers, and other agents, from performing safety-sensitive service in 
the rail industry for violations of safety rules, regulations, 
standards, orders, or laws evidencing unfitness. FRA's regulations, 49 
CFR part 209, Subpart D, implement the statutory provision by requiring 
(i) a railroad employing or formerly employing a disqualified 
individual to disclose the terms and conditions of a disqualification 
order to the individual's new or prospective employing railroad; (ii) a 
railroad considering employing an individual in a safety-sensitive 
position to ask the individual's previous employing railroad whether 
the individual is currently serving under a disqualification order; and 
(iii) a disqualified individual to inform his new or prospective 
employer of the disqualification order and provide a copy of the same. 
Additionally, the regulations prohibit a railroad from employing a 
person serving under a disqualification order to work in a safety-
sensitive position. This information serves to inform a railroad 
whether an employee or prospective employee is currently disqualified 
from performing safety-sensitive service based on the issuance of a 
disqualification order by FRA. Furthermore, it prevents an individual 
currently serving under a disqualification order from retaining and 
obtaining employment in a safety-sensitive position in the rail 
industry.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion/recordkeeping.
    Reporting Burden:

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                                                  Respondent                                               Average time
                  CFR section                      universe              Total annual  responses           per response    Total annual    Total annual
                                                  (railroads)                                                (minutes)     burden hours     burden cost
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Provide copy of disqualification order to new              685  3 orders................................              30             1.5             $23
 or prospective employer.
Provide copy of disqualification order to                  685  1 notification..........................              30              .5               8
 prospective employer.
Request copy of disqualification order from                685  Usual and customary procedure...........             N/A             N/A             N/A
 previous employer.
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    Total Estimated Burden: 2 hours.
    Status: Regular Review.

    Title: Grade Crossing Signal System Safety Regulations.
    OMB Control Number: 2130-0534.
    Abstract: FRA believes that highway-rail grade crossing (grade 
crossing) accidents resulting from warning system failures can be 
reduced. Motorists lose faith in warning systems that constantly warn 
of an oncoming train when none is present. Therefore, the fail-safe 
feature of a warning system loses its effectiveness if the system is 
not repaired within a reasonable period of time. A greater risk of an 
accident is present when a warning system fails to activate as a train 
approaches a grade crossing. FRA's regulations require railroads to 
take specific responses in the event of an activation failure. FRA uses 
the information to develop better solutions to the problems of grade 
crossing device malfunctions. With this information, FRA is able to 
correlate accident data and equipment malfunctions with the types of 
circuits and age of equipment. FRA can then identify the causes of 
grade crossing system failures and investigate them to determine 
whether periodic maintenance, inspection, and testing standards are 
effective. FRA also uses the information collected to alert railroad 
employees and appropriate highway traffic authorities of warning system 
malfunctions so that they can take the necessary measures to protect 
motorists and railroad workers at the grade crossing until repairs have 
been made.
    Form Number(s): FRA-F-6180.83.
    Affected Public: Businesses.
    Frequency of Submission: On occasion; recordkeeping.
    Reporting Burden:

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                                                  Respondent                                               Average time
                  CFR section                      universe              Total annual  responses           per response    Total annual    Total annual
                                                  (railroads)                                                (minutes)     burden hours     burden cost
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234.7--Telephone notification.................             685  4 phone calls...........................              15               1             $35
234.9--Grade crossing signal system failure                685  800 reports.............................              15             200           7,000
 rpts.
234.9--Notification to train crew and highway              685  800 notifications.......................              15             200           7,000
 traffic control authority.
234.9--Recordkeeping..........................             685  800 records.............................              15             200           7,000
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[[Page 6441]]

    Total Estimated Burden: 601 hours.
    Status: Regular Review.

    Title: Bridge Worker Safety Rules.
    OMB Control Number: 2130-0535.
    Abstract: Section 20139 of Title 49 of the United States Code 
required FRA to issue rules, regulations, orders, and standards for the 
safety of maintenance-of-way employees on railroad bridges, including 
for ``bridge safety equipment'such as nets, walkways, handrails, and 
safety lines, and requirements for the use of vessels when work is 
performed on bridges located over bodies of water. FRA has added 49 CFR 
part 214 to establish minimum workplace safety standards for railroad 
employees as they apply to railroad bridges. Specifically, section 
214.15(c) establishes standards and practices for safety net systems. 
Safety nets and net installations are to be drop-tested at the job site 
after initial installation and before being used as a fall-protection 
system; after major repairs; and at six-month intervals if left at one 
site. If a drop-test is not feasible and is not performed, then a 
written certification must be made by the railroad or railroad 
contractor, or a designated certified person, that the net does comply 
with the safety standards of this section. FRA and State inspectors use 
the information to enforce the Federal regulations. The information 
that is maintained at the job site also promotes safe bridge worker 
practices.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 685 railroads.
    Total Responses: 6 certifications.
    Average Time per Response: 20 minutes.
    Estimated Total Annual Burden: 2 hours.
    Status: Regular Review.

    Title: Two-Way End-of-Train Devices.
    OMB Control Number: 2130-0540.
    Abstract: Section 20141 of the United States Code amended the 
Federal Rail Safety laws by adding certain statutory mandates related 
to power brake safety, specifically regarding two-way end-of-train 
telemetry devices (two-way EOTs). This Section required two-way-end-of-
train devices (or devices able to perform the same function) on road 
trains other than locals, road switchers, or work trains to enable the 
initiation of emergency braking from the rear of the train. The 
information collected enhances rail safety by ensuring that the 
locomotive engineer is notified if someone other than a train crew 
member tests the two-way end-of-train devices at the initial terminal 
or other point of installation to confirm that the device is capable of 
initiating an emergency power brake application from the rear of the 
train. The information collected is also used by FRA to verify that the 
end-of-train telemetry equipment is properly calibrated for accuracy 
according to the manufacturer's specifications at least every 365 days. 
Additionally, the information collected verifies that two-way-end-of-
train device standards--such as the front unit having a manually 
operated switch that is labeled ``Emergency'' which can initiate an 
emergency brake transmission command to the rear unit (when 
activated)--are met.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                          Respondent
              CFR section                  universe          Total annual  responses         Average time per response     Total annual    Total annual
                                          (railroads)                                                                      burden hours     burden cost
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232.25(C)--Notification that test was              245  450,000 tests....................  30 seconds...................           3,750        $168,750
 performed.
232.25(d)--End-of-train Telemetry                  245  35,000 stickers..................  1 minute.....................             583         168,750
 Equip..
232.25(d)--Two-way end-of-train device             245  17,571 stencils..................  5 minutes....................           1,464          68,880
 Stds..
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    Total Estimated Burden: 5,797 hours.
    Status: Regular Review.
    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, DC on February 1, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems, 
Federal Railroad Administration.
[FR Doc. 00-2836 Filed 2-8-00; 8:45 am]
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