[Federal Register Volume 71, Number 50 (Wednesday, March 15, 2006)]
[Notices]
[Pages 13452-13454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3693]


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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 May 15, 2006.

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 Mr. Victor Angelo, Office of Support Systems, 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-
6230 or (202) 493-6170, or E-mail to Mr. Brogan at 
[email protected], or to Mr. Angelo at 
[email protected]. Please refer to the assigned OMB control 
number in any correspondence 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 Victor Angelo, Office of Support Systems, RAD-20, Federal 
Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, 
Washington, DC 20590 (telephone: (202) 493-6470). (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 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:
    OMB Control Number: 2130-0035.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    Abstract: The collection of information is due to the railroad 
operating rules set forth in 49 CFR part 217 which require Class I and 
Class II railroads to file with FRA copies of their operating rules, 
timetables, and timetable special instructions, and subsequent 
amendments thereto. Class III railroads are required to retain copies 
of these documents at their systems headquarters. Also, 49 CFR 
220.21(b) prescribes the collection of information which requires 
railroads to retain one copy of their current operating rules with 
respect to radio communications and one copy of each subsequent 
amendment thereto. These documents must be made available to FRA upon 
request.
    Reporting Burden:

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                                    Respondent                     Average time
           CFR section               universe      Total annual    per response    Total annual    Total annual
                                    (railroads)      responses        (hours)      burden hours     burden cost
----------------------------------------------------------------------------------------------------------------
271.7-Copy-FRA-operating rules,               *1               1            1.00               1             $35
 timetables, Class I & II RRs...
-Amendments.....................              32              96            0.33              32           1,120
-Copy of operating rules--Class               20              20            0.92              18             630
 III............................
-Amendments.....................             632           1,896            0.25             474          16,590
217.9-Copy-Prog. for Perf. of                *20              20            9.92             198           6,930
 Operational Tests..............
-Amendments.....................              50             150            1.92             288          10,080
-Oper. Test Rcds................             632       9,180,000            0.08         765,000      34,425,000
-Summary Tests..................              55              55            1.00              55           1,925
271.11-Copy-Instr. Prog.-                    *20              20            8.00             160           5,600
 Employees......................

[[Page 13453]]

 
-Amendments.....................             632             220            0.92             202           7,070
220.21(b)-Copy-Op. Rules-Radio..           (\1\)           (\1\)           (\1\)           (\1\)           (\1\)
-Amendments.....................           (\1\)           (\1\)           (\1\)           (\1\)          (\1\)
----------------------------------------------------------------------------------------------------------------
*New.
\1\ Include under 217.7

    Total Estimated Responses: 9,182,478.
    Total Estimated Annual Burden: 766,428 hours.
    Status: Regular Review.
    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 Estimated Responses: 4.
    Total Estimated Annual Burden: 4 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 Estimated Responses: 165,000 tags/notifications/records.
    Total Estimated Annual Burden: 6,750 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 Estimated Responses: 20,000 cars stenciled.
    Total Estimated Annual Burden: 15,000 hours.
    Status: Regular Review.
    OMB Control Number: 2130-0523.
    Title: Rear-End Marking Devices.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    Abstract: The collection of information is set forth under 49 CFR 
part 221 which requires railroads to furnish a detailed description of 
the type of marking device to be used for the trailing end of rear cars 
in order to ensure rear cars meet minimum standards for visibility and 
display. Railroads are required to furnish a certification that the 
device has been tested in accordance with current ``Guidelines for 
Testing of Rear End Marking Devices.'' Additionally, railroads are 
required to furnish detailed test records which include the testing 
organizations, description of tests, number of samples tested, and the 
test results in order to demonstrate compliance with the performance 
standard.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 2.
    Total Estimated Annual Burden: 4 hours.
    Status: Regular Review.
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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.
    Respondent Universe: 2 Locomotive Manufacturers.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 2,040.
    Total Estimated Annual Burden: 3,520 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

[[Page 13454]]

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
           CFR section               universe      Total annual    per response    Total annual    Total annual
                                    (railroads)      responses       (minutes)     burden hours     burden cost
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234.7-Telephone Notification....             685               4              15               1             $35
234.9-Grade crossing signal                  685             600              15             150           5,250
 system failure reports.........
234.9-Notification to train crew             685          24,000               5          2,000.          70,000
 and highway traffic control
 authority......................
234.9-Recordkeeping.............             685          12,000              10           2,000          70,000
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    Total Estimated Responses: 36,604.
    Total Estimated Annual Burden: 4,151 hours.
    Status: Regular Review.
    OMB Control Number: 2130-0535.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    Abstract: Section 20139 of Title 49 of the United States Code 
required FRA to issue rules, regulations, orders, and standards for the 
safety of maintenance-of-way employees on railroad bridges, including 
for ``bridge safety equipment'' such as nets, walkways, handrails, and 
safety lines, and requirements for the use of vessels when work is 
performed on bridges located over bodies of water. FRA has added 49 CFR 
part 214 to establish minimum workplace safety standards for railroad 
employees as they apply to railroad bridges. Specifically, section 
214.15(c) establishes standards and practices for safety net systems. 
Safety nets and net installations are to be drop-tested at the job site 
after initial installation and before being used as a fall-protection 
system; after major repairs; and at six-month intervals if left at one 
site. If a drop-test is not feasible and is not performed, then a 
written certification must be made by the railroad or railroad 
contractor, or a designated certified person, that the net does comply 
with the safety standards of this section. FRA and State inspectors use 
the information to enforce Federal regulations. The information that is 
maintained at the job site promotes safe bridge worker practices.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 6.
    Total Estimated Annual Burden: 1 hour.
    Status: Regular Review.
    Title: Railroad Police Officers.
    OMB Control Number: 2130-0537.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads and States.
    Form(s): None.
    Abstract: Under 49 CFR part 207, railroads are required to notify 
states of all designated police officers who are discharging their 
duties outside of their respective jurisdictions. This requirement is 
necessary to verify proper police authority.
    Total Estimated Responses: 80,060.
    Total Annual Estimated Burden Hours: 155 hours.
    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 7, 2006.
D.J. Stadlter,
Director, Office of Budget, Federal Railroad Administration.
 [FR Doc. E6-3693 Filed 3-14-06; 8:45 am]
BILLING CODE 4910-06-P