[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17945-17948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3361]


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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

[[Page 17946]]

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 6, 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), Pub. L. 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:
    OMB Control Number: 2130-0006.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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 236.377-236.387; sections 236.576; 236.577; and 
section 236.586-589. Section 236.110 further provides that the test 
results must be recorded on pre-printed 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, test 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

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compliance with sections 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.
    Reporting Burden:

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                                                                                               Average time per     Total annual burden    Total annual
           CFR section                Respondent universe          Total annual respose            response                hours            burden cost
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233.5--Reporting of accidents...  685 railroads..............  10 phone calls.............  30 minutes...........  5 hours..............            $170
233.7--False proceed signal       685 railroads..............  100 reports................  15 minutes...........  25 hours.............             850
 failures report.
235.5--Block signal applications  80 railroads...............  111 applications...........  10 hours.............  1,110 hours..........          37,740
235.8--Applications for relief..  80 railroads...............  24 relief requests.........  2.5 hours............  60 hours.............           2,040
235.20--Protect letters.........  80 railroads...............  84 protest letters.........  30 minutes...........  42 hours.............           1,426
236.110--Recordkeeping..........  80 rairoads................  936,550 forms..............  27 minutes...........  427,881 hours........      14,547,954
236587--Departure tests.........  18 railroads...............  730,000 tests..............  4 minutes............  48,667 hours.........       1,654,678
236.590--Pneumatic values.......  18 railroads...............  6,697 stencilings..........  22.5 minutes.........  2,511 hours..........          85,374
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    Total Estimated Responses: 1,673,576.
    Total Estimated Annual Burden: 480,301 hours.
    Status: Regular Review.
    Title: Remotely Controlled 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 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.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion.

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                                                                                               Average time per     Total annual burden    Total annual
           CFR section              Respondent universe         Total annual response              response                hours            burden cost
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218.30--Blue signal protection    70 railroads..........  3,600,000 notifications.........  2 minutes............  120,000 hours........      $3,720,000
 of workmen.
218.77--Protection of occupied    7 railroads...........  4,000 notfications..............  4 minutes............  267 hours............          8,2770
 camp cars.
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    Total Estimated Responses: 3,604,000.
    Total Estimated Annual Burden: 120,267 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.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion.

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                                                                                               Average time per     Total annual burden    Total annual
           CFR section                Respondent universe        Total annual  responses           response                hours            burden cost
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Respondent reply to               40,000 Locomotive Engineers  1 documented reply.........  3 hours..............  3 hours..............            $135
 disqualification order.
Informal reply to proposed        40,000 Locomotive Engineers  1 informal response........  1 hour...............  1 hour...............              45
 disqualification order.
Provide copy of disqualification  685 Railroads..............  1 notification.............  30 minutes...........  1 hour...............              45
 order to prospective employer.
Request copy of disqualification  685 Railroads..............  Usual and customary          N/A..................  N/A..................             N/A
 order from previouis employer.                                 procedure.
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    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 April 3, 2006.
Belinda Ashton,
Acting Director, Office of Budget, Federal Railroad Administration.
[FR Doc. 06-3361 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-06-P