[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Notices]
[Pages 75020-75021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31911]



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DEPARTMENT OF TRANSPORTATION


Notice and Request for Comments

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 collection of information was 
published on October 20, 2003 (68 FR 59981).

DATES: Comments must be submitted on or before January 28, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety, 
Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 1120 Vermont Ave., NW., Mail Stop 25, Washington, DC 
20590 (telephone: (202) 493-6292), 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 (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, 
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 
October 20, 2003, FRA published a 60-day notice in the Federal Register 
soliciting comment on ICRs that the agency was seeking OMB approval. 68 
FR 59981.
    FRA received two comments after issuing this notice. The first 
comment or letter that FRA received was from the Brotherhood of 
Maintenance of Way Employees (BMWE). The BMWE supports the proposed 
study and remarked:
    Those employees categorized as ``construction/production'' 
generally are assigned work over vast territories encompassing an 
entire railroad system, and report to an ever changing designated 
lodging facility or rally point at the beginning of each work week or 
``compressed half'' work period (a compressed half may consist of 8 
consecutive 10 hour days, followed by 7 consecutive days off or some 
similar variation) * * * It is not uncommon for MW production/
construction crew members to travel 500-1,500 miles from home to reach 
the designated lodging facility at the beginning of the work period. 
These employees often work 10 or more hours per day for 8-10 days 
straight, and then drive back home at the end of the work period * * *
    For all MW workers, there are no FRA imposed limits on the number 
of hours worked. MW work is physically taxing and is conducted under 
extreme weather conditions, including the heat of summer, the cold of 
winter, and in rain, snow, and other inclement conditions. MW employees 
working construction/production are also susceptible to the stresses of 
long periods of separation from their families, and are also subject to 
call outside scheduled work hours.
    Fatigue has been a huge factor in our industry and recent railroad 
mergers have resulted in greatly expanded territories for MW 
production/construction crews. Extensive travel, shared away-from-home 
lodging, and constantly changing work hours and locations have become 
the norm for MW employees. The fatigue associated with MW work 
continues to get worse and has been a contributing factor, if not the 
sole cause, in numerous accidents and incidents in the rail industry.
    The BMWE contends that the Work Schedules and Sleep Patterns of 
Maintenance of Way Employees study will help FRA and the rail industry 
develop an understanding of the work schedule-related fatigue issues 
that affect MW employees. Once this study is complete, the BMWE will 
continue to work with the FRA and the rail industry to reduce the 
fatigue level of MW employees.
    The second comment or letter that FRA received came from the 
Brotherhood of Railroad Signalmen (BRS). The BRS also supports the 
proposed study and stated:
    Fatigue has been a huge factor in our industry. Maintenance of way 
territories have been expanded. Outside of large metropolitan areas, it 
is not uncommon for maintenance of way employees to have to travel 
anywhere from 500-1,500 miles. The BRS contends that the erratic call 
schedule of maintenance of way employees along with no limitations on 
the amount of hours that they can work produce an environment where 
fatigue is the norm. It is a way of life for maintenance of way 
employees. It continues to get worse * * *
    The BRS contends that the Work Schedules and Sleep Patterns of 
Maintenance of Way Employees study will help FRA and the rail industry 
to develop an understanding of the work-schedule-related fatigue issues 
that affect MW employees. Once this study is complete, the BRS will 
continue to work with the FRA and the rail industry in order to promote 
work schedules and initiatives that will reduce the fatigue level of 
maintenance of way employees.
    Neither BMWE nor BRS addressed the issue of burden hour estimates 
or burden cost estimates. After carefully reviewing these comments, 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, and are being 
submitted for clearance by OMB as required by the PRA.
    Title: Work Schedules and Sleep Patterns of Maintenance of Way 
Employees.
    OMB Control Number: 2130-NEW.
    Type of Request: New collection.
    Affected Public: Rail workers.
    Abstract: In a continuing effort to improve rail safety and to 
reduce the number of injuries and fatalities to rail workers, FRA and 
the rail industry have recently focused on the issue of fatigue among 
train and engine crew personnel. Because railroading is an around-the-
clock, seven-days-a-week operation and because a wide array of workers 
are needed to both operate and to maintain the nation's railroads, 
other crafts--

[[Page 75021]]

besides train and engine crews--can also be subject to fatigue. The 
non-operating crafts, including locomotive and car repair, track 
maintenance, signal system maintenance and telecommunications, fall 
into this second category. FRA is proposing a study which will focus on 
maintenance of way employees, one of the non-operating railroad crafts. 
The project will be very similar in both method and scope to a current 
study focusing on railroad signalmen. To develop an understanding of 
the work schedule-related fatigue issues for maintenance of way 
employees, FRA proposes to undertake this study. The proposed study has 
two primary purposes: (1) It aims to document and characterize the 
work/rest schedules and sleep patterns of the maintenance of way 
employees; and (2) it intends to examine the relationship between these 
schedules and level of alertness/fatigue for the individuals who work 
these schedules. The intent is to report results in the aggregate, not 
by railroad. Subjective ratings from participants of their alertness/
sleepiness on both work and non-work days will be an integral part of 
this study. The data will be collected through the use of a daily diary 
or log, as well as a brief background questionnaire for each 
participant. Analysis of the diary data will allow FRA to assess 
whether or not there are any work-related fatigue issues for 
maintenance of way employees.
    Form Number(s): FRA F 6180.113; FRA F 6180.114.
    Affected Public: Rail Workers.
    Respondent Universe: 338 Maintenance of Way Employees.
    Frequency of Submission: On occasion.
    Annual Estimated Burden Hours: 874 hours.
    Status: Regular Review.
    Addressee: Send comments regarding this information collection 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 
collection of information is 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 estimate of 
the burden of the proposed information collection; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection 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 December 19, 2003.
Kathy A. Weiner,
Director, Office of Information Technology and Support Systems, Federal 
Railroad Administration.
[FR Doc. 03-31911 Filed 12-24-03; 8:45 am]
BILLING CODE 4910-06-P