[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Notices]
[Pages 7913-7916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3694]


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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 17, 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., N.W., Mail Stop 17, Washington, D.C. 
20590, or Ms. Dian Deal, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., N.W., Mail Stop 35, 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 2130______. 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., N.W., Mail Stop 17, Washington, D.C. 20590 (telephone: 
(202) 493-6292) or Dian Deal, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., N.W., Mail Stop 35, Washington, D.C. 20590 (telephone: 
(202) 493-6133). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law No. 104-13, section 2, 109 Stat. 163 (1995) (codified as 
revised at 44 U.S.C. Secs. 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

[[Page 7914]]

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 three currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:
    Title: Railroad Locomotive Safety Standards and Event Recorders.
    OMB Control Number: 2130-0004.
    Abstract: Under regulations issued pursuant to Congressional 
mandate, 49 U.S.C. 20137, trains must be equipped with event recorders. 
Event recorders are devices that record train speed, hot box detection, 
throttle position, brake application, brake operations, time and signal 
conditions, and any other function that FRA considers necessary to 
monitor the safety of train operations. Event recorders provide FRA 
with information about how trains are operated, and, if a train is 
involved in an accident, the devices afford data to FRA and other 
investigators necessary to determine the probable causes of the 
accident. Moreover, under 49 CFR Part 229, railroads are required to 
conduct daily, periodic, annual, and biennial tests of locomotives to 
measure the level of compliance with Federal regulations. The 
collection of information requires railroads to prepare written records 
indicating the repairs needed, the person making the repairs, and the 
type of repairs made. This information provides a locomotive engineer 
with information that the locomotive has been inspected and is in 
proper condition for use in service, and enables FRA to monitor 
compliance with the regulatory standards. Other information collection 
requirements in Part 229 are indicated in the chart below.
    Form Number(s): FRA F 6180.49A.
    Affected Public: Businesses.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion; annually, biennially, 
recordkeeping.
    Reporting Burden:

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                                                                  Total annual          Average time per     Total annual burden    Total annual burden
            CFR section                Respondent universe          responses               response                hours                   cost
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229.95--Movement of noncomplying     685 railroads.........  21,000 tags...........  1 minute.............  350 hours............  $10,850.
 locomotive.
229.17--Accident reports...........  685 railroads.........  1 report..............  15 minutes...........  .25 hour.............  $8.
229.21--Daily inspection...........  685 railroads.........  5,460,000 Inspections.  3 minutes............  273,000 hours........  $10,374,000.
229.113--Steam generator warning     No Steam Generators     None..................  N/A..................  N/A..................  N/A.
 notice.                              are in service today.
Locomotive inspection and repair     685 Railroads.........  21,000 Forms..........  2 minutes............  700 hours............  $18,200.
 record (Form FRA-F-6180.49A).
229.31--Locomotive noise emission    685 railroads.........  100 Tests.............  15 minutes...........  25 hours.............  $650.
 test.
229.23--Periodic inspection........  685 railroads.........  Included on form FRA-F- Included on form FRA-  Included on form FRA-  Included on Form FRA-
                                                              6180.49A.               F-6180.49A.            F-6180.49A.            F-6180.49A.
229.27/229.29--Annual & biennial     685 railroads.........  Included on form FRA-F- Included on form FRA-  Included on form FRA-  Included on form FRA-
 tests.                                                       6180.49A.               F-6180.49A.            F-6180.49A.            F-6180.49A
229.31--Main reservoir tests.......  685 railroads.........  84,000 Tests..........  10 hours.............  840,000 hours........  $21,840,000.
229.33--Out-of-use credit..........  685 railroads.........  2,400 Out-of-use        2 minutes............  80 hours.............  $2,080.
                                                              credits.
Written copy of instructions.......  685 railroads.........  200 Amendments........  15 minutes...........  50 hours.............  $1,550.
Data verification readout record...  685 railroads.........  72,000 Tests/record...  30 minutes...........  36,000 hours.........  $1,116,000.
Written record when event recorder   685 railroads.........  6,000 Removals........  1 minute.............  100 hours............  $3,100.
 is removed from service.
Record of event record data........  685 railroads.........  100 Accidents/data      15 minutes...........  25 hours.............  $775.
                                                              records.
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    Total Responses: 5,666,801.
    Estimated Total Annual Burden: 1,150,330 hours.
    Status: Regular Review.
    Title: Railroad Signal System Requirements.
    OMB Control Number: 2130-0006.
    Abstract: The regulations pertaining to railroad signal systems are 
contained in 49 CFR Parts 233 (Signal System

[[Page 7915]]

Reporting Requirements), 235 (Instructions Governing Applications for 
Approval of a Discontinuance or Material Modification of a Signal 
System), and 236 (Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Systems, Devices, 
and Appliances). Section 233.5 provides that each railroad must report 
to FRA within 24 hours after learning of an accident or incident 
arising from the failure of a signal appliance, device, method, or 
system to function or indicate as required by part 236 of this title 
that results in a more favorable aspect than intended or other 
condition hazardous to the movement of a train. Section 233.7 sets 
forth the specific requirements for reporting signal failures within 15 
days in accordance with the instructions printed on Form FRA F 6180.14. 
Finally, Section 233.9 sets forth the specific requirements for the 
``Signal System Five Year Report.'' It requires that every five years, 
each railroad must file a signal systems status report. The report is 
to be prepared on a form issued by FRA in accordance with the 
instructions and definitions provided. Title 49, Part 235 of the Code 
of Federal Regulations, sets forth the specific conditions under which 
FRA approval of modification or discontinuance of railroad signal 
systems is required and prescribes the methods available to seek such 
approval. The application process prescribed under Part 235 provides a 
vehicle enabling FRA to obtain the necessary information to make 
logical and informed decisions concerning carrier requests to modify or 
discontinue signaling systems. Section 235.5 requires railroads to 
apply for FRA approval to discontinue or materially modify railroad 
signaling systems. Section 235.7 defines ``material modifications'' and 
identifies those changes that do not require agency approval. Section 
235.8 provides that any railroad may petition FRA to seek relief from 
the requirements provided under 49 CFR Part 236. Sections 235.10, 
235.12, and 235.13 describe where the petition must be submitted, what 
information must be included, the organizational format, and the 
official authorized to sign the application. Section 235.20 sets forth 
the process for protesting the granting of a carrier application for 
signal changes or relief from the rules, standards, and instructions. 
This section provides the information that must be included in the 
protest, the address for filing the protest, the time limit for filing 
the protest, and the requirement that a person requesting a public 
hearing explain the need for such a forum. Section 236.110 requires 
that the test results of certain signaling apparatus be recorded and 
specifically identify the tests required under Secs. 236.102-109; 
Secs. 236.376 to 236.387; Secs. 236.576, 236.577; and Secs. 236.586-
236.589. Section 236.110 further provides that the test results must be 
recorded on preprinted or computerized forms provided by the carrier 
and that the forms show the name of the railroad; place and date of the 
test conducted; equipment tested; tests results; repairs, replacements, 
and adjustments made; and the condition of the apparatus. This section 
also requires that the employee conducting the test must sign the form 
and that the record be retained at the office of the supervisory 
official having proper authority. Results of tests made in compliance 
with Sec. 236.587 must be retained for 92 days, and results of all 
other tests must be retained until the next record is filed, but in no 
case less than one year. Additionally, Sec. 236.587 requires each 
railroad to make a departure test of cab signal, train stop, or train 
control devices on locomotives before that locomotive enters the 
equipped territory. This section further requires that whoever performs 
the test must certify in writing that the test was properly performed. 
The certification and the test results must be posted in the locomotive 
cab with a copy of the certification and test results retained at the 
office of a supervisory official having proper authority. However, if 
it is impractical to leave a copy of the certification and test results 
at the location of the test, the test results must be transmitted to 
either the dispatcher or one other designated official at each 
location, who must keep a written record of the test results and the 
name of the person performing the test. All records prepared under this 
section are required to be retained for at least 92 days. Finally, 
Section 236.590 requires the carrier to clean and inspect the pneumatic 
apparatus of automatic train stop, train control, or cab signal devices 
on locomotives every 736 days, and to stencil, tag, or otherwise mark 
the pneumatic apparatus indicating the last cleaning date.
    Form Number(s): FRA F 6180.14, 6180.47.
    Affected Public: Businesses.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion; every five years, 
recordkeeping.
    Reporting Burden:

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                                                                  Total annual          Average time per     Total annual burden    Total annual burden
            CFR section                Respondent universe          responses               response                hours                   cost
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233.5--Reporting of accidents......  685 railroads.........  10 phone calls........  30 minutes...........  5 hours..............  $155.
233.7--False proceed signal          685 railroads.........  200 reports...........  15 minutes...........  50 hours.............  $1,550.
 failures report.
233.9-5 Year signal system report..  N/A...................  Outside. scope of PRA.  Outside scope of PRA.  Outside scope of PRA.  Outside scope of PRA.
235.5--Block signal applications...  80 railroads..........  111 applications......  10 hours.............  1,110 hours..........  $34,410.
235.8--Applications for relief.....  80 railroads..........  24 relief requests....  2.5 hours............  60 hours.............  $1,860.
235.20--Protest letters............  685 railroads.........  84 protest letters....  30 minutes...........  42 hours.............  $1,302.
236.110--Recordkeeping.............  80 railroads..........  936,660 report forms..  .4568 hour...........  427,881 hours........  $13,264,311.
236.587-Departure tests............  18 railroads..........  730,000 tests/record..  4 minutes............  48,667 hours.........  $1,508,677.
235.590--Pneumatic valves..........  18 railroads..........  6,697 stencilings or    22.5 minutes.........  2,511 hours..........  $77,841.
                                                              tags.
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    Total Responses: 1,673,786.
    Estimated Total Annual Burden: 480,326 hours.
    Status: Regular Review.

[[Page 7916]]

    Title: New Locomotive Certification, Noise Compliance Regulations.
    OMB Control Number: 2130-0527.
    Abstract: On January 14, 1976, the Environmental Protection Agency 
(EPA) issued noise emission standards pursuant to the Noise Control Act 
of 1972. The standards, 40 CFR Part 201, establish limits on the noise 
emissions generated by railroad locomotives under both stationary and 
moving conditions. Section 17 of the Noise Control Act also requires 
the Secretary of Transportation to enforce these regulations and 
promulgate separate regulations to ensure compliance with the same. On 
December 23, 1983, FRA published 49 CFR Part 210 to ensure compliance 
with the EPA standards. The certification and testing data ensure that 
locomotives built after December 31, 1979 have passed prescribed 
decibel standards for noise emissions under EPA regulations.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 2 Manufacturers.
    Frequency of Submission: On occasion; one-time.
    Reporting Burden:

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                                 Respondent      Total annual     Average time     Total annual    Total annual
         CFR section              universe        responses      per  response     burden hours     burden cost
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Request for certification     2 manufacturers  40 requests....  30 minutes.....  20 hours.......            $480
 info.
Apply badge or tag to cab of  2 manufacturers  40 badges/tags.  30 minutes.....  20 hours.......             480
 locomotive.
Noise emission measurement..  2 manufacturers  40 measurements  3 hours........  120 hours......           2,880
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    Total Responses: 120.
    Estimated Total Annual Burden: 160 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, D.C. on February 10, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems, 
Federal Railroad Administration
[FR Doc. 00-3694 Filed 2-15-00; 8:45 am]
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