[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Notices]
[Pages 15790-15794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7807]


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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 June 2, 2003.

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. Debra Steward, 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 
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. Steward at 
[email protected]. Please refer to the assigned OMB control 
number in any correspondence

[[Page 15791]]

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 Debra Steward, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 
493-6139). (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    Total annual
                  CFR section                       universe              Total annual responses           per response    burden hours    Total annual
                                                   (railroads)                                               (minutes)        (hours)       burden cost
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Blue Signal Protection.........................              70  8,942,500 records......................               2         298,083      $9,240,573
Camp Cars......................................               7  4,000 notifications....................               4             267           8,277
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 298,350 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.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 685 railroads.
    Total Responses: 165,000 tags/notifications/records.
    Average Time Per Response: 4.636 minutes.

[[Page 15792]]

    Estimated Total Annual Burden: 12,750 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: 20,000 cars stencilled.
    Average Time Per Response: 45 minutes.
    Estimated Total Annual Burden: 15,000 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      Total annual     Average time     Total annual    Total annual
         CFR section              universe        responses       per response     burden hours     burden cost
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Respondent reply to           40,000           1 doc. reply...  3 hours........  3 hours........            $135
 disqualification order.       locomotive
                               engineers.
Informal reply to proposed    40,000           1 informal       1 hour.........  1 hour.........              45
 disqualification order.       locomotive       response.
                               engineers.
Provide copy of               685 railroads..  1 notification.  30 minutes.....  .5 hour........              23
 disqualification order to
 prospective employer.
Request copy of               685 railroads..  Usual and        N/A............  N/A............             N/A
 disqualification order from                    customary
 previous employer.                             procedure.
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    Total Estimated Burden: 5 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    Total annual
          CFR section              universe       Total annual     per response    burden hours    Total annual
                                  (railroads)       responses        (minutes)        (hours)       burden cost
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234.7--Telephone Notification.             685  4 phone calls...              15               1             $34
234.9--Grade crossing signal               685  600 reports.....              15             150           5,100
 system failure rpts..
234.9--Notification to train               685  24,000                         5           2,000          68,000
 crew and highway traffic                        notifications.
 control authority.
234.9--Recordkeeping..........             685  12,000 records..              10           2,000          68,000
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[[Page 15793]]

    Total Estimated Burden: 4,151.
    Status: Regular Review.
    Title: New Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Abstract: Part 210 of Title 49 of the United States Code of Federal 
Regulations (CFR) pertains to FRA's noise enforcement procedures which 
encompass rail yard noise source standards published by the 
Environmental Protection Agency (EPA). EPA has the authority to set 
these standards under the Noise Control Act of 1972. The information 
collected by FRA under Part 210 is necessary to ensure compliance with 
EPA noise standards for new locomotives.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 2 Locomotive Manufacturers.
    Total Responses: 2,040 requests/badges/measurements.
    Average Time Per Response: 1.725 hours.
    Estimated Total Annual Burden: 3,520 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 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 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 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 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 item 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 sections 236.102-109; sections 236.377 to 236.387; 
sections 236.576, 236.577; and section 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; 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 the proper authority. Results of 
tests made in compliance with section 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, 
section 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 test results must be 
posted in the locomotive cab with a copy of the certification and test 
results retained at the office of the supervisory official having the 
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, 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.
    Form Number(s): FRA F 6180.14; FRA F 6180.47.
    Affected Public: Businesses.
    Frequency of Submission: On occasion;
    Reporting Burden:

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                                 Respondent
         CFR section              universe       Total annual      Average time    Total annual    Total annual
                                 (railroads)       responses       per response    burden hours     burden cost
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233.5--Reporting of accidents             685  10 phone calls..  30 minutes.....               5            $170
233.7--False proceed signal               685  100 reports.....  15 minutes.....              25             850
 failures report.
233.9--5 Year signal system               N/A  Outside scope of  Outside scope             (\1\)           (\1\)
 report.                                        PRA.              of PRA.
235.5--Block signal                        80  111 applications  10 hours.......           1,110          37,740
 applications.
235.8--Applicatioins for                   80  24 relief         2.5 hours......              60           2,040
 relief.                                        requests.
235.20--Protest letters......              80  84 protest        30 minutes.....              42           1,428
                                                letters.
236.110--Record keeping......              80  936,660 forms...  27 minutes.....         427,881      14,547,954

[[Page 15794]]

 
236.587--Departure tests.....              18  730,000 tests...  4 minutes......          48,667       1,654,678
236.590--Pneumatic valves....              18  6,697             22.5 minutes...           2,511          85,374
                                                stencilings.
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\1\Outside scope of PRA.

    Total Estimated Burden: 480.301 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 March 26, 2003.
Kathy A. Weiner,
Director, Office of Information Technology and Support Systems, Federal 
Railroad Administration.
[FR Doc. 03-7807 Filed 3-31-03; 8:45 am]
BILLING CODE 4910-06-P