[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22627-22628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11143]
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DEPARTMENT OF TRANSPORTATION
[Docket No. FRA-2009-0001-N-10]
Notice and Request for Comments
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 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 March 3, 2009 (74 FR 9331).
DATES: Comments must be submitted on or before June 12, 2009.
FOR FURTHER INFORMATION CONTACT: 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 (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: 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 March 3, 2009, FRA published a 60-day notice in the Federal
Register soliciting comment on ICRs that the agency was seeking OMB
approval. 74 FR 9331. FRA received no comments after issuing this 60-
day 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, 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 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 Signal System Requirements.
OMB Control Number: 2130-0006.
Type of Request: Extension of a currently approved collection.
Affected Public: Railroads.
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
[[Page 22628]]
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 time
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 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.
Annual Estimated Burden Hours: 480,988 hours.
Title: U.S. DOT Crossing Inventory Form.
OMB Control Number: 2130-0017.
Type of Request: Extension of a currently approved collection.
Affected Public: Railroads.
Abstract: Form FRA F 6180.71 is a voluntary form, and is used by
States and railroads to periodically update certain site specific
highway-rail crossing information which is then transmitted to FRA for
input into the National Inventory File. This information has been
collected on the U.S. DOT-AAR Crossing Inventory Form (previous
designation of this form) since 1974 and maintained in the National
Inventory File database since 1975. The primary purpose of the National
Inventory File is to provide for the existence of a uniform database
which can be merged with accidents data and used to analyze information
for planning and implementation of crossing safety programs by public,
private, and governmental agencies responsible for highway-rail
crossing safety. Following the official establishment of the National
Inventory in 1975, the Federal Railroad Administration (FRA) assumed
the principal responsibility as custodian for the maintenance and
continued development of the U.S. DOT/AAR National Highway-Rail
Crossing Inventory Program. The major goal of the Program is to provide
Federal, State, and local governments, as well as the railroad
industry, information for the improvement of safety at highway-rail
crossings. Good management practices necessitate maintaining the
database with current information. The data will continue to be useful
only if maintained and updated as inventory changes occur. FRA
previously cleared the reporting and recordkeeping burden for this form
under Office of Management and Budget (OMB) Clearance Number 2130-0017.
OMB approved the burden for this form through August 31, 2009. FRA is
requesting a new three year approval from OMB for this information
collection.
Form Number(s): Form FRA F 6180.71.
Annual Estimated Burden Hours: 3,655 hours.
ADDRESSES: 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. Alternatively, comments may be sent via e-mail to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, at the following address: [email protected].
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 May 7, 2009.
Kimberly Orben,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E9-11143 Filed 5-12-09; 8:45 am]
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