[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Pages 35416-35418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13837]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

[[Page 35417]]


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 9, 2000 (65 FR 6438).

DATES: Comments must be submitted on or before July 3, 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 9, 2000, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 65 FR 6438. 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: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    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 that the equipment is safe to operate and that 
the operation qualifies for dedicated service. See 49 CFR 215.5 (c)(2), 
215.5 (d).
    Annual Estimated Burden Hours: 6 hours.

    Title: Remotely Controlled Switch Operations.
    OMB Control Number: 2130-0516.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    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.
    Annual Estimated Burden Hours: 240,267 hours.

    Title: Bad Order and Home Shop Card.
    OMB Control Number: 2130-0519.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    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 caused 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 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.

    Annual Estimated Burden Hours: 10,833 hours.

    Title: Stenciling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    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.

    Annual Estimated Burden Hours: 26,250 hours.

    Title: Disqualification Proceedings.
    OMB Control Number: 2130-0529.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    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

[[Page 35418]]

Part 209, Subpart D, implements 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.
    Annual Estimated Burden Hours: 5 hours.

    Title: Grade Crossing Signal System Safety Regulations.
    OMB Control Number: 2130-0534.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.83.
    Abstract: FRA believes that highway-rail grade crossing (grade 
crossing) accidents resulting from warning system failures and 
malfunctions 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 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 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 law enforcement 
authorities of warning system failures and malfunctions so that they 
can take the necessary measures to protect motorists and railroad 
workers at the grade crossing until repairs have been made.
    Annual Estimated Burden Hours: 601 hours.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 Seventeenth Street, NW, Washington, DC, 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 26, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems, 
Federal Railroad Administration.
[FR Doc. 00-13837 Filed 6-1-00; 8:45 am]
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