[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34992-34993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9404]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


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 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 7, 2006 (71 FR 17945).

DATES: Comments must be submitted on or before July 17, 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 17, 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 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 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 7, 2006, FRA published a 60-day notice in the Federal 
Register soliciting comment on ICRs that the agency was seeking OMB 
approval. 71 FR 17945. 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, 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, August 29, 1995.
    The summaries below describes the nature of the information 
collection requirements (ICRs) and the expected burden. The proposed 
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

[[Page 34993]]

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 to 236.387; 
sections 236.576, 236.577; and section 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: 480,988 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: 120,153 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 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.
    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 12, 2006.
D.J. Stadtler,
Director, Office of Budget, Federal Railroad Administration.
[FR Doc. E6-9404 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-06-P