[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Notices]
[Pages 29209-29211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7619]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Proposed Agency Information Collection Activities; Comment 
Request

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 Requirements (ICRs) abstracted below have been forwarded to 
the Office of Management and Budget (OMB) for review and comment. The 
ICRs describe 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 collections of information was 
published on March 15, 2006 (71 FR 13452)

DATES: Comments must be submitted on or before June 19, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 
Vermont Ave., NW., Mail Stop 25, Washington, DC 20590 (telephone: (202) 
493-6292) or Victor Angelo, Office of Support Systems, RAD-43, 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 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 March 15, 2006, FRA published a 60-day notice 
in the Federal Register soliciting comment on ICRs that the agency was 
seeking OMB approval. 71 FR 13452. 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

[[Page 29210]]

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, August 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, August 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 Operating Rules.
    OMB Control Number: 2130-0035.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(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.
    Annual Estimated Burden Hours: 766,488 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): N/A.
    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: 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): N/A.
    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: 12,750 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): N/A.
    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: Rear-End Marking Devices.
    OMB Control Number: 2130-0523.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(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 
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.
    Annual Estimated Burden Hours: 8 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): 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.
    Annual Estimated Burden Hours: 2,785 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): FRA F 6180.83.
    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

[[Page 29211]]

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.

    Title: Bridge Worker Safety Rules.
    OMB Control Number: 2130-0535.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Abstract: Section 21039 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 is at the job site promotes safe bridge worker practices.
    Annual Estimated Burden Hours: 1 hour.

    Title: Railroad Police Officers.
    OMB Control Number: 2130-0537.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): N/A.
    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.
    Annual Estimated Burden Hours: 181 hours.

    Addressee: Send comments regarding any of 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 
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 May 15, 2006.
D.J. Stadlter,
Director, Office of Budget, Federal Railroad Administration.
[FR Doc. E6-7619 Filed 5-18-06; 8:45 am]
BILLING CODE 4910-06-P