[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51894-51896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17809]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Agency Information Collection Activities; Notice and Request for 
Comments

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and Request for Comments.

-----------------------------------------------------------------------

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 collection and their 
expected burden. The Federal Register notice with a 60-day comment 
period soliciting comments on the following collection of information 
was published on July 5, 2007 (72 FR 36750).

DATES: Comments must be submitted on or before October 11, 2007.

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. Gina Christodoulou, Office of 
Support Systems Staff, RAD-43, 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), 
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 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 July 5, 2007, FRA published a 60-day notice in the Federal 
Register soliciting comment on ICRs that the agency was seeking OMB 
approval. 72 FR 36750. FRA received one comment in response to this 
notice.
    The letter came from Mr. John P. Tolman, Vice President and 
National Legislative Director of the Brotherhood of Locomotive 
Engineers and Trainmen (BLET). BLET, a Division of the Rail Conference 
of the International Brotherhood of Teamsters, is the duly designated 
and recognized collective bargaining representative for the craft or 
class of Locomotive Engineer employed on all Class I railroads. BLET 
also represents operating and other employees on numerous Class II and 
Class III railroads. In his comments, Mr. Tolman noted the following:

    * * * the proposed information collection activity would have a 
significant impact on our members. For the reasons set forth below, 
BLET strongly supports and urges OMB to approve the request.
    Recognizing the potential safety benefit of C\3\RS--as evidenced 
by successes in similar programs in the aviation and health care 
industries--the BLET was a founding member of the C\3\RS National 
Planning Committee, and is a member of the successor C\3\RS National 
Steering Committee. We have

[[Page 51895]]

participated in C\3\RS activities at all levels in the industry, and 
have supported implementation of C\3\RS in several areas. See, e.g., 
71 FR 56217-56219.
    The breath of voluntary acceptance of the C\3\RS process 
throughout the railroad industry will depend upon the extent of 
demonstrable evidence that the process improves railroad safety. 
Accordingly, a thorough and independent evaluation of C\3\RS is an 
essential element of the process. The evaluation, as proposed, is 
both necessary for FRA to properly execute its functions, and 
properly structured so as to achieve its stated purpose. We 
wholeheartedly urge OMB to approve the request, and look forward to 
participating in this element of the C\3\RS process.

    Before OMB decides whether to approve this proposed collection 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 summary below describes 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: Confidential Close Call Reporting System Evaluation-Related 
Interview Data Collection.
    OMB Control Number: 2130-NEW.
    Type of Request: New collection.
    Affected Public: Rail employees and key non-railroad stakeholders.
    Abstract: In the U.S. railroad industry, injury rates have been 
declining over the last 25 years. Indeed, the industry incident rate 
fell from a high of 12.1 incidents per 100 workers per year in 1978 to 
3.66 in 1996. As the number of incidents has decreased, the mix of 
causes has also changed toward a higher proportion of incidents that 
can be attributed to human and organizational factors. This combination 
of trends--decrease in overall rates but increasing proportion of human 
factors-related incidents--has left safety managers with a need to 
shift tactics in reducing injuries to even lower rates than they are 
now.
    In recognition of the need for new approaches to improving safety, 
FRA has instituted the Confidential Close Call Reporting System 
(C\3\RS). The operating assumption behind C\3\RS is that by assuring 
confidentiality, employees will report events which, if dealt with, 
will decrease the likelihood of accidents. C\3\RS, therefore, has both 
a confidential reporting component, and a problem analysis/solution 
component. C\3\RS is expected to affect safety in two ways. First, it 
will lead to problem solving concerning specific safety conditions. 
Second, it will engender an organizational culture and climate that 
supports greater awareness of safety and a greater cooperative 
willingness to improve safety.
    If C\3\RS works as intended, it could have an important impact on 
improving safety and safety culture in the railroad industry. While 
C\3\RS has been developed and implemented with the participation of 
FRA, railroad labor, and railroad management, there are legitimate 
questions about whether it is being implemented in the most beneficial 
way, and whether it will have its intended effect. Further, even if 
C\3\RS is successful, it will be necessary to know if it is successful 
enough to implement on a wide scale. To address these important 
questions, FRA is implementing a formative evaluation to guide program 
development, a summative evaluation to assess impact, and a 
sustainability evaluation to determine how C\3\RS can continue after 
the test period is over. The evaluation is needed to provide FRA with 
guidance as to how it can improve the program, and how it might be 
scaled up throughout the railroad industry.
    Program evaluation is an inherently data driven activity. Its basic 
tenet is that as change is implemented, data can be collected to track 
the course and consequences of the change. Because of the setting in 
which C\3\RS is being implemented, that data must come from the 
railroad employees (labor and management) who may be affected. Critical 
data include beliefs about safety and issues related to safety, and 
opinions/observations about the operation of C\3\RS.
    The proposed study is a five-year demonstration project to improve 
rail safety, and is designed to identify safety issues and propose 
corrective action based on voluntary reports of close calls submitted 
to the Bureau of Transportation Statistics. Because of the innovative 
nature of this program, FRA is implementing an evaluation to determine 
whether the program is succeeding, how it can be improved and, if 
successful, what is needed to spread the program throughout the 
railroad industry. Interviews to evaluate the close call reporting 
system will be conducted with two groups: (1) Key stakeholders to the 
process (e.g., FRA officials, industry labor, and carrier management 
within participating railroads); and (2) Employees in participating 
railroads who are eligible to submit close call reports to the 
Confidential Close Call Reporting System. Different questions will be 
addressed to each of these two groups. Interviews will be semi-
structured, with follow-up questions asked as appropriate depending on 
the respondent's initial answer.
    The confidentiality of the interview data is protected by the 
Privacy Act of 1974. FRA fully complies with all laws pertaining to 
confidentiality, including the Privacy Act. Thus, information obtained 
by or acquired by FRA's contractor, the Volpe Center, from key 
stakeholders and railroad employees will be used strictly for 
evaluation purposes. None of the information that might be identifying 
will be disseminated or disclosed in any way. In addition, the 
participating railroad sites involved will require Volpe to establish a 
non-disclosure agreement that prohibits disclosure of company 
confidential information without the carrier's authorization. Also, the 
information is protected under the Department of Transportation 
regulation Title 49 CFR Part 9,which is in part concerned with the 
Department involvement in proceedings between private litigants. 
According to this statute, if data are subpoenaed, Volpe and Volpe 
contractors can not ``provide testimony or produce any material 
contained in the files of the Department, or disclose any information 
or produce any material acquired as part of the performance of that 
employee's official duties or because of that employee's official duty 
status'' unless authorized by agency counsel after determining that, in 
legal proceedings between private litigants, such testimony would be in 
the best interests of the Department or that of the United States 
Government if disclosed. Finally, the name of those interviewed will 
not be requested.
    Annual Estimated Burden Hours: 267 hours.
    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

[[Page 51896]]

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 September 5, 2007.
D. J. Stadtler,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. E7-17809 Filed 9-10-07; 8:45 am]
BILLING CODE 4910-06-P