[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Notices]
[Pages 25416-25418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10781]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requirement (ICR) abstracted below has 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 
burden. The Federal Register notice with a 60-day comment period 
soliciting comments on the following collections of information was 
published on February 4, 2000 (65 FR 5721).

DATES: Comments must be submitted on or before May 31, 2000.

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), 
Public Law 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 issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 
1320.12. On February 4, 2000, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 65 FR 4297. FRA received two comments after issuing this 
notice. The first comment was from the Association of American 
Railroads (AAR). AAR primarily took issue with FRA's time estimate for 
each information collection activity required by Part 225. 
Additionally, it submitted numbers for several of the reports required 
by this information collection.

[[Page 25417]]

AAR surveyed two Class I railroads--one a major freight railroad and 
the other a major passenger railroad--to glean the average time 
estimates and the estimated number of reports provided in the table 
included in its letter. FRA carefully considered all AAR's comments.
    The first comment pertained to the Railroad Injury and Illness 
Summary (FRA Form 6180.55). AAR shows average time estimates of 75 
minutes and 60 minutes for this form while FRA shows an average time 
estimate of 45 minutes. FRA's average estimate includes both large and 
small railroads. FRA believes its estimate is more representative than 
ones supplied by the AAR. Accordingly, FRA has kept its original 
estimate. The next comment pertained to the Railroad Injury and Illness 
Summary (Continuation Sheet) (FRA Form 6180.55A). AAR shows average 
time estimates of 60 minutes and 45 minutes for this form. FRA shows an 
average time estimate of 30 minutes. On closer inspection, FRA believes 
45 minutes is a more accurate time estimate, and has accordingly 
replaced its number with the one supplied by AAR for this requirement. 
The next comment pertained to the Rail Equipment Accident/Incident 
Report (FRA Form 6180.54). AAR shows time estimates of 6 hours and 5.8-
7 hours for this form while FRA shows 3 hours. FRA agrees that some of 
the accidents reported on this form do take six hours to complete. 
However, three quarters of most accidents occur in train yards and/or 
at slow speeds. Most of these reports can be completed in 90 minutes or 
less. The AAR has chosen a more serious accident for its calculations. 
FRA believes three hours is an accurate estimate for both large and 
small railroads. Accordingly, FRA retains three hours for this 
requirement. AAR also shows 671 forms and 50 forms as the number of 
responses for this requirement based on the two railroads surveyed. FRA 
estimate of 3,000 forms includes both large and small railroads, and 
comes from the agency's most current data. Accordingly, FRA adheres to 
its original number for this requirement. The next comment pertained to 
the Rail-Highway Grade Crossing Accident/Incident Report (FRA Form 
6180.57). AAR shows average time estimates of 4 hours and 3 hours for 
this form while FRA shows 3 hours. AAR and FRA essentially agree. 
Accordingly, FRA retains its original estimate of three hours for this 
requirement. The next comment pertained to the Annual Railroad Report 
of Employee Hours and Casualties, By State (FRA Form 6180.56). AAR 
shows average time estimates of 4 hours and 3 hours for this form while 
FRA shows 3 hours. Here also AAR and FRA essentially agree. 
Accordingly, FRA retains its original estimate for this requirement. 
The next comment pertained to Telephone Reports of Certain Accidents/
Incidents. AAR shows average time estimates of 30 minutes and 15 
minutes while FRA shows 15 minutes. Once again, AAR and FRA essentially 
agree. Accordingly, FRA adheres to its original estimate for this 
requirement. The next comment pertained to Railroad Employee Injury 
and/or Illness Record (FRA Form 6180.98). AAR shows estimates of 30 
minutes. FRA is in agreement with AAR and retains 30 minutes for its 
estimate. The next comment pertained to Copies of Forms (FRA Form 
6180.98 or alternative form) to Employees. AAR shows estimates of 30 
minutes while FRA shows 2 minutes as its estimate. FRA still believes 
it takes less than two minutes to make a copy of a two page report. FRA 
is hard pressed to understand the thirty minute figure stated by the 
AAR. Accordingly, FRA retains its original estimate of 2 minutes for 
this requirement. The next comment pertained to Posting of Monthly 
Summary. AAR shows average time estimates of 60 minutes while FRA shows 
16 minutes. Since this function is now done by computer, FRA believes 
60 minutes is much too high for the average estimate. Accordingly, FRA 
retains its original estimate for this requirement. The next comment 
pertained to Doubtful Cases; Alcohol or Drug Involvement. AAR shows 
average time estimates of 60 minutes and 30 minutes while FRA shows 15 
minutes. On closer inspection, FRA believes thirty minutes is a more 
accurate number for this requirement. Accordingly, FRA adopts the AAR 
estimate. AAR also shows 50 reports as the number of responses for this 
requirement. FRA's estimate shows 80 reports and is based on the latest 
data supplied by both large and small railroads. Accordingly, FRA 
adheres to its original estimate. The next comment pertained to 
Employee Human Factor Attachment (FRA Form 6180.81). AAR shows average 
time estimates of 30 minutes and 15 minutes. FRA also shows 15 minutes. 
AAR and FRA essentially agree. Consequently, FRA retains fifteen 
minutes as its estimate for this requirement. AAR also shows 301 forms 
as the average number of responses for this requirement while FRA shows 
971 forms. Again, the FRA number includes both large and small 
railroads, and reflects the latest agency data. Accordingly, FRA 
retains its 971 forms as its estimate. The next comment pertained to 
Notice to Railroad Employee Involved in Rail Equipment Accident/
Incident Attributed to Employee Human Factor (FRA Form 6180.78) (Part 
I). AAR shows average time estimates of 60 minutes while FRA shows 30 
minutes. Based on the data its has received, FRA believes 30 minutes is 
more than adequate to complete the required notice. Accordingly, FRA 
retains its original estimate. Additionally, AAR shows the number of 
responses as 301 notices while FRA shows 1,013 notices for this 
requirement. FRA re-checked its latest data and determined that 971 
notices is the correct number, representing both large and small 
railroads. AAR's number is solely derived from one large railroad. 
Consequently, FRA retains its revised estimate of 971 notices for Part 
I. The next comment pertained to Part II of Form 6180.78. AAR shows 3 
hours and 2.5 hours as the average time estimate while FRA shows 2 
hours. On closer inspection, FRA believes 2.5 hours is a more accurate 
number, and accordingly revises its estimate to use the AAR number. AAR 
also shows 25 statements as the number of responses for Part II while 
FRA shows 101 statements. Again, FRA re-checked its data and determined 
97 statements is the correct number for this requirement. AAR's number 
represents one large railroad while FRA's estimate includes both large 
and small railroads, and is taken from the agency's latest data. 
Accordingly, FRA retains its revised estimate for this requirement. The 
next comment pertained to Railroad Consultations in Joint Operations 
Accidents/Incidents. AAR shows 3 hours and 2.5 hours as the average 
time estimate while FRA shows 1 hour. Since there are only 10 fields of 
information exchanged among carriers, FRA believes one hour is more 
than adequate time to complete the exchange. Accordingly, FRA retains 
its original estimate of one hour. AAR also shows 10 requests as the 
number of responses for this requirement while FRA shows 30 requests. 
Again, FRA's estimate reflects its latest data for all railroads. 
Accordingly, FRA adheres to its original number of responses. The next 
comment pertained to Employee Confidential Letter(s). AAR did not 
submit an average time estimate for this requirement. It also did not 
submit an average number of responses. Accordingly, FRA retains two 
hours as the average time estimate, and 30 letters as the average 
number of responses. The next comment pertained to Railroad

[[Page 25418]]

Review of Statement. Again, AAR did not submit estimates for the 
average time estimate or the average number of responses. Accordingly, 
FRA retains 1.5 hours and 4 hours as the time estimates, and 97 
supplements and 25 reports as the average number of responses. The next 
comment pertained to Batch Control Form (Form FRA 6180.99). Here also 
AAR did not submit an average time estimate or an average number of 
responses. Accordingly, FRA retains 10 minutes as the average time 
estimate, and 96 forms as the average number of responses. The next 
comment pertained to Initial Rail Equipment Accident/Incident Record 
(Form FRA 6180.97). AAR shows average time estimates of 6 hours and 
4.75 hours while FRA shows 30 minutes for this requirement. Accountable 
train accidents are accidents with a low dollar damage. Most of the 
reports involve very minor derailments where no analysis or 
investigation is required. AAR has almost the same numbers for a 
serious accident as they do for a minor accident. The time consuming 
process is damage calculation and determining the accident cause. 
Neither of these items is difficult or time consuming for a minor 
derailment. Accordingly, FRA retains 30 minutes as the average time 
estimate for this requirement. AAR also shows 4,432 forms as the 
average number of forms while FRA shows 12,095 forms. FRA re-checked 
its numbers, and determined that 12,575 forms was a more accurate 
number than its original estimate. Since FRA's estimate represents both 
large and small railroads rather than one large railroad as 
representative of the entire industry, FRA retains 12,575 forms as the 
average number of responses for this requirement. The next two comments 
deal with Internal Control Plans and Intimidation/Harassment Policies. 
Although both AAR and FRA show average time estimates, these two 
requirements were one-time and have already been fulfilled. 
Consequently, there is no burden for either requirement. The next 
comment pertained to Subsequent Years: Internal Control Plan. AAR shows 
estimates of 4 hours while FRA shows an estimate of 14 hours. FRA 
believes that new railroad in subsequent years will take more than four 
hours to develop an ICP. FRA believes fourteen hours is a more 
representative number since it is based on the agency's latest data. 
Accordingly, FRA retains 14 hours as the average time estimate for this 
requirement. The next comment pertained to Amendments to Internal 
Control Plans. AAR shows 4 hours for this requirement while FRA shows 1 
hour. AAR showed four hours as the time necessary to develop a complete 
Internal Control Plan (ICP). FRA does not believe that it takes four 
hours to amend an ICP. FRA believes one hour is a more accurate 
estimate. Accordingly, FRA retains one hour as the average time 
estimate for this requirement. AAR shows time estimates for FRA follow-
up, reporting, and other audits of derailment information in the above 
reports. These are not paperwork requirements under the Paperwork 
Reduction Act of 1995, and no estimates are provided by FRA. The last 
comment pertains to Written Request by Employee Not to Post their 
Injury/Illness. AAR shows average time estimates of 30 minutes and 15 
minutes while FRA shows 60 minutes for this requirement. FRA believes 
that it will take a combined total of one hour for the employee to 
prepare his/her letter, forward it to the railroad's reporting officer, 
and have the reporting officer review the letter and make sure the 
injury/illness in question is not posted. FRA believes its estimate 
more accurately reflects the true burden. Accordingly, FRA retains 60 
minutes as the average time estimate for this requirement.
    The second comment received by FRA was from the Bureau of Economic 
Analysis (BEA) of the Department of Labor. BEA remarked that the forms 
used in this information collection meet its needs. BEA uses data 
collected on these forms to prepare estimates of the employee 
compensation component of gross domestic product and State personal 
income. BEA strongly endorses this collection of information by FRA.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30 day 
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice 
informs the regulated community to file relevant comments and affords 
the agency adequate time to digest public comments before it renders a 
decision. 60 FR 44983, Aug. 29, 1995. Therefore respondents should 
submit their respective comments to OMB within 30 days of publication 
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information 
collection requirements (ICRs) and the expected burden. The revised 
requirements are being submitted for clearance by OMB as required by 
the PRA.
    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): FRA F 6180.33; 6180.54; 6180.55/55A; 6180.56; 6180.57; 
6180.78/81/97/98.
    Abstract: The collection of information is due to the railroad 
accident reporting regulations set forth in 49 CFR Part 2225 which 
require railroads to submit monthly reports summarizing collisions, 
derailments, and certain other accidents/incidents involving damages 
above a periodically revised dollar threshold, as well as certain 
injuries to passengers, employees, and other persons on railroad 
property. Because the reporting requirements and the information needed 
regarding each category of accident/incident are unique, a different 
form is used for each category.
    Annual Estimated Burden Hours: 58,841 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 Seventeenth Street, N.W., Washington, D.C., 20503; 
Attention: FRA Desk Officer.
    Comments are invited on the following: Whether the proposed 
collections of information are necessary for the proper performance of 
the functions of FRA, including whether the information will have 
practical utility; the accuracy of FRA's estimates of the burden of the 
proposed information collections; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collections of information on respondents, including 
the use of automated collection techniques or other forms of 
information technology.
    A comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this notice in the Federal 
Register.

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

    Issued in Washington, DC on April 26, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems, 
Federal Railroad Administration.
[FR Doc. 00-10781 Filed 4-28-00; 8:45 am]
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