

[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Notices]               
[Page 61946-61948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-101]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
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 Requirement (ICR) abstracted below has been forwarded to the 
Office of Management and Budget (OMB) for review and comment. The ICR 
describes 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 collection of information was 
published on August 23, 2007 (72 FR 48315).

DATES: Comments must be submitted on or before December 3, 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 August 23, 2007, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 72 FR 48315. FRA received two comments after issuing this 
notice.
    The first comment was submitted by Donald M. Hahs, National 
President, on behalf of the Brotherhood of Locomotive Engineers and 
Trainmen (BLET), who expressed whole hearted support for the proposed 
study. The BLET is a Division of the Rail Conference of the

[[Page 61947]]

International Brotherhood of Teamsters, and 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 letter, Mr. Hahs remarked:

* * * The proposed activity will involve the participation of BLET 
members, and I am pleased to support the activity and strongly urge 
its approval by OMB.
    The BLET has long been in the forefront of efforts to combat 
fatigue among its members and operating crews. Our activities 
include numerous cooperative ventures with the nation's railroad 
carriers and with FRA, as well as proposing and advocating 
legislative remedies designed to combat fatigue. We have followed 
previous FRA studies--involving other crafts--with interest and have 
found the results of those studies helpful to our endeavors.
    Moreover, we fully support and have actively provided assistance 
in designing the proposed activity. In our opinion, the activity has 
significant scientific validity and will produce meaningful data for 
use in future fatigue-mitigation efforts by BLET and all railroad 
industry stakeholders. We are satisfied that adequate safeguards are 
in place to protect all legitimate confidentiality interests, and we 
look forward to OMB approval and implementation of the information 
collection.

    The second comment was submitted by Paul C. Thompson, International 
President, on behalf of the United Transportation Union (UTU), who 
completely endorsed the proposed study. The UTU represents 
approximately 65,000 railroad employees who work in the operating 
crafts on the nation's railroads today. In his letter, Mr. Thompson 
noted:

* * * This FRA proposed study will focus on train and engine service 
employees, which consists of locomotive engineers, conductors, 
remote control operators, and switchmen. Fatigue is a major safety 
concern for our operating crews today, and UTU fully supports this 
study `to develop an understanding of the work schedule-related 
fatigue issues that affect these operating crafts.'
    This study will be very similar in both method and scope to the 
recently completed studies of railroad signalmen, maintenance of way 
employees, and train dispatchers.
    In response to the Federal Register Notice and request for 
comments published on August 23, 2007, UTU files the following 
supportive comments:
     The proposed collection of information is necessary to 
assist the Department in furthering its understanding of work-
schedule related fatigue issues affecting railroad train and engine 
employees. This information will provide the Department with the 
means to evaluate the overall impact of work/rest scheduling 
practices in the railroad industry.
     The collected information will have practical utility 
to the Department in its ongoing effort to analyze and combat work-
schedule related fatigue within the railroad industry.
     The methodology proposed for this information 
collection activity is suitable and appropriate for the study and 
the respondent population, and will facilitate the collection of 
high quality data with high utility.
     The proposed information collection activity has been 
designed to be minimally burdensome on respondents. The proposed 
information collection activity is of limited duration and is 
compatible with the work environment where the data will be recorded 
by respondents.

    Neither BLET nor UTU addressed the issue of burden hour estimates 
or burden cost estimates. After carefully reviewing these comments, 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, and are being 
submitted for clearance by OMB as required by the PRA.
    Title: Work Schedules and Sleep Patterns of Train and Engine 
Service Employees.
    OMB Control Number: 2130-NEW.
    Type of Request: New collection.
    Affected Public: Rail Workers.
    Abstract: In a continuing effort to improve rail safety and to 
reduce the number of injuries and fatalities to rail workers, the issue 
of fatigue has received considerable attention from both FRA and the 
railroad industry. One of FRA's fatigue-related activities has been a 
series of studies designed to document and characterize the work/rest 
schedules and sleep patterns in signalmen, maintenance-of-way workers, 
and dispatchers. These studies used the methodology approved by the 
Office of Management and Budget (OMB), including random selection of 
participants to ensure a representative sample of each group. FRA has 
not yet collected data from two critically important labor crafts whose 
work schedules are regulated by FRA, locomotive engineers and 
conductors.
    FRA is proposing a study that will focus on train and engine 
service employees, which consists of locomotive engineers, conductors, 
remote control operators, and switchmen. FRA seeks to develop an 
understanding of the work schedule-related fatigue issues that affect 
these operating crafts. The project will be very similar in both method 
and scope to the recently completed studies of railroad signalmen, 
maintenance of way employees, and dispatchers. The FRA proposes to 
undertake this study to develop an understanding of the work schedule-
related fatigue issues for train and engine service employees.
    The proposed study has two primary purposes:
     To document and characterize the work/rest schedules and 
sleep patterns of train and engine service employees.
     To examine the relationship between these schedules and 
level of alertness/fatigue for the individuals who work these 
schedules.
    The intent is to report results in aggregate, not by railroad.
    Subjective ratings from participants of their alertness/sleepiness 
on both work and non-work days will be an integral part of this study. 
The data will be collected through the use of a daily diary or log, as 
well as a brief background questionnaire for each participant. Analysis 
of the diary data will allow the FRA to assess the extent of any work-
related fatigue issues for train and engine service employees. The 
proposed study will provide a defensible and definitive estimate of the 
work/rest cycle parameters and fatigue in train and engine service 
employees that will inform future FRA regulatory policy and action.
    Form Number(s): FRA F 6180.127; FRA F 6180.128.
    Affected Public: Rail Workers.
    Respondent Universe: 340 Train and Engine Service Employees.
    Frequency of Submission: On occasion.
    Annual Estimated Burden Hours: 878 hours.
    Status: Regular Review.

[[Page 61948]]

    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 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 October 25, 2007 .
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad 
Administration.
 [FR Doc. E7-21476 Filed 10-31-07; 8:45 am]

BILLING CODE 4910-06-P
