[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34796-34797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13534]
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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 16, 2000 (65 FR 7913).
DATES: Comments must be submitted on or before June 30, 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, section 2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. sections 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 16, 2000, FRA published a 60-day
notice in the Federal Register soliciting comment on ICRs that the
agency was seeking OMB approval. 65 FR 7913. FRA received no comments
in response to this notice.
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: Railroad Locomotive Safety Standards and Event Recorder.
OMB Control Number: 2130-0004.
Type of Request: Extension of a currently approved collection.
Affected Public: Railroads.
Form(s): FRA F 6180.49A.
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.
Title: Railroad Signal System Requirements.
OMB Control Number: 2130-0006.
Type of Request: Extension of the currently approved collection.
Affected Public: Businesses.
Form(s): FRA F 6180.14; FRA F 6180.47.
Abstract: The regulations pertaining to railroad signal systems are
contained in 49 CFR Parts 233 (Signal System 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
[[Page 34797]]
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 system 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 signaling systems. Section 235.7 defines ``material
modification'' 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 236.10, 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 required 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 pre-printed
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 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 coy 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 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.
Annual Estimated Burden Hours: 480,326 hours.
Title: Locomotive Certification (Noise Compliance Regulations).
OMB Control Number: 2130-0527.
Type of Request: Extension of a currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
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.
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, D.C. on May 24, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems,
Federal Railroad Administration.
[FR Doc. 00-13534 Filed 5-30-00; 8:45 am]
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