[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Notices]
[Pages 34030-34032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14319]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requirements (ICRs) abstracted below have been forwarded to 
the Office of Management and Budget (OMB) for review and comment. The 
ICRs describes the nature of the information collections and their 
expected burdens. The Federal Register notice with a 60-day comment 
period soliciting comments on the following collections of information 
was published on April 1, 2003 (68 FR 15790).

DATES: Comments must be submitted on or before July 7, 2003.

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), 
Public Law 104-13, section 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 April 1, 2003, FRA published a 60-day notice in the Federal 
Register soliciting comment on ICRs that the agency was seeking OMB 
approval. 68 FR 15790. FRA received no comments after issuing this 
notice. Accordingly, DOT announces that these information collection 
activities have been re-evaluated and certified under 5 CFR 1320.5(a) 
and forwarded to OMB for review and approval pursuant to 5 CFR 
1320.12(c).
    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 Signal System Requirements.
    OMB Control Number: 2130-0006.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    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 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

[[Page 34031]]

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 sections 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.
    Annual Estimated Burden Hours: 480,301 hours.
    Title: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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).
    Annual Estimated Burden Hours: 4 hours.
    Title: Remotely Controlled Switch Operations.
    OMB Control Number: 2130-0516.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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 15 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: 120,267 hours.
    Title: Bad Order and Home Shop Card.
    OMB Control Number: 2130-0519.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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.
    Annual Estimated Burden Hours: 6,750 hours.
    Title: Stenciling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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: 15,000 hours.
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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.
    Annual Estimated Burden Hours: 3,520 hours.
    Title: Disqualification Proceedings.
    OMB Control Number: 2130-0529.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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

[[Page 34032]]

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.
    Annual Estimated Burden Hours: 5 hours.
    Title: Grade Crossing Signal System Safety.
    OMB Control Number: 2130-0534.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): None.
    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.
    Annual Estimated Burden Hours: 4,151 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 the Department, including whether the information will 
have practical utility; the accuracy of the Department'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 June 3, 2003.
Kathy A. Weiner,
Director, Office of Information Technology and Support Systems, Federal 
Railroad Administration.
[FR Doc. 03-14319 Filed 6-5-03; 8:45 am]
BILLING CODE 4910-06-P