[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63764-63765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25480]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Agency Request for Emergency Processing of Collection of 
Information by the Office of Management and Budget

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: FRA hereby gives notice that it is seeking emergency approval 
processing from the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) 
for the information collection request (ICR) listed below. FRA requests 
that OMB authorize the collection of information identified below on or 
before October 31, 2008, for a period of 180 days after the date of 
issuance of this notice in the Federal Register. On October 7, 2008, in 
response to the September 12, 2008, Chatsworth, California, collision 
of a Union Pacific (UP) freight train and a Metrolink commuter train, 
which resulted in the deaths of 25 people and numerous injuries, as 
well as other recent accidents/incidents involving cell phone use and 
use of electronic/electrical devices, FRA published in the Federal 
Register Emergency Order No. 26 (E.O. 26) (see 73 FR 58702) restricting 
on-duty railroad operating employees' use of cell phones and other 
distracting electronic and electronic devices. Because E.O. 26 goes 
into effect on October 27, 2008, and because E.O. 26 imposes 
information collection requirements that must be fulfilled by the 
nation's railroads, FRA is seeking emergency approval for the proposed 
collection of information to enforce compliance with E.O. 26 and to 
ensure the safety of affected railroad employees and the general public 
during train operations throughout the United States.

DATES: Comments must be received no later than November 3, 2008.

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, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 
20590, or Ms. Nakia Jackson, Office of Information Technology, RAD-20, 
Federal Railroad Administration, 1200 New Jersey Ave., SE., 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 2130--New'' 
and the title of the proposed collection of information. Alternatively, 
comments may be transmitted via facsimile to (202) 493-6216 or (202) 
493-6497, or via e-mail to Mr. Brogan at [email protected], or to 
Ms. Jackson at [email protected]. Please refer to the assigned OMB 
control number in any correspondence submitted.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 
New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: 
(202) 493-6292) or Ms. Nakia Jackson, Office of Information Technology, 
RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., 
Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6073). (These 
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: Below is a brief summary of the currently 
approved information collection activities that FRA is submitting for 
clearance by OMB:
    OMB Control Number: 2130--New.
    Title: FRA Emergency Order No. 26, Notice No. 1.
    Type of Request: Emergency approval.
    Affected Public: Businesses.
    Form Number(s): N/A.
    Abstract: Emergency Order No. 26--and its associated collection of 
information--is FRA's direct and proactive response to the September 
12, 2008, Chatsworth, California, collision of a Union Pacific (UP) 
freight train and a Metrolink commuter train, which resulted in the 
deaths of 25 people and numerous injuries to train occupants, as well 
as to other train accidents/incidents involving cell phone use and use 
of electronic/electrical devices that have occurred throughout the 
country recently. The collection of information under Emergency Order 
No. 26 is aimed at ensuring that railroads revise their programs of 
operational tests and inspections, as necessary, to include the 
requirements of E.O. 26 and specifically include a minimum number of 
operational tests and inspections; and at ensuring railroads instruct 
each of their operating employees and supervisors of railroad operating 
employees concerning the requirements of E.O. 26 and implementing 
railroad rules and instructions. The collection of information under 
E.O. 26 also contains a provision that allows railroads to petition for 
relief from this Order by adopting other means of ensuring that 
railroad operating employees are not

[[Page 63765]]

distracted from their duties by use of electronic or electrical devices 
or by implementing technology that will prevent inappropriate acts and 
omissions from resulting in injury to persons.

                                                Reporting Burden
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                                     Respondent         Total annual      Average time per   Total annual burden
  Emergency order item No. 26         universe            responses           response              hours
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(1) Revision of Railroad's       687 Railroads.....  687 amended         1 hour...........  687 hours
 Program of Operational Tests                         programs.
 and Inspections.
Under 49 CFR 217 to Include      20 New Railroads..  20 amended          1 hour...........  20 hours
 Requirements of E.O. 26.                             programs.
(2) Employee Training in         130,000 RR          130,000 Trained     15 minutes.......  32,500 hours
 Requirements of E.O. 26 and      Employees.          Employees.
 Implementing Railroad Rules
 and Instructions.
(3) Petitions of Relief from     687 Railroads.....  Zero (0) Petitions  Zero (0) minutes/  Zero (0) hours
 E.O. 26.                                                                 hours.
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    Form Number(s): N/A.
    Respondent Universe: 685 Railroads; 100,000 Railroad Employees.
    Frequency of Submission: One-time; On occasion.
    Total Responses: 130,707.
    Total Annual Estimated Burden: 33,207 hours.
    Status: Emergency Review.
    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 October 21, 2008.
Kimberly Orben,
Acting Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. E8-25480 Filed 10-24-08; 8:45 am]
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