

[Federal Register: December 18, 2007 (Volume 72, Number 242)]
[Notices]               
[Page 71732-71733]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de07-90]                         

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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 collection of information 
was published on October 5, 2007 (72 FR 57097).

DATES: Comments must be submitted on or before January 17, 2008.

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. Gina Christodoulou, Office of Support Systems 
Staff, RAD-43, Federal Railroad Administration, 1200 New Jersey Ave., 
SE., 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), 
Pub. L. 104-13, 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 
October 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 57097. FRA received one comment in response to this notice.
    The comment came from John P. Tolman, Vice President and National 
Legislative Representative of the Brotherhood of Locomotive Engineers 
and Trainmen (BLET). The BLET is the duly designated and recognized 
collective bargaining representative for the craft or class of 
Locomotive engineer employed on all Class I railroads. The BLET also 
represents operating and other employees on numerous Class II and Class 
III railroads. In his letter, Mr. Tolman stated the following:

    BLET supports the full range of information collection 
encompassed under OMB Control Number 2130-0500. However, BLET 
believes the revision of certain of FRA's forms to require railroads 
to provide additional information already in their possession will 
enhance the safety data available to FRA and facilitate more precise 
analyses of trends in the industry. Specifically, the BLET is 
concerned that exclusive reliance on mileage-based data in 
developing accident/incident and injury casualty rates already has 
compromised the quality of analysis of switching operations. 
Furthermore, the narrow focus on mileage-based data also may infect 
data analysis for other freight operations in the future, because 
mileage-based measures fail to reflect the ongoing evolution of 
remote control locomotive operations throughout the American 
railroad industry.

    Mr. Tolman then alluded to FRA's prior 60-day Federal Register 
renewal notice pertaining to these activities that was published on 
December 14, 2005 (70 FR 74103). He noted:

    In response to that notice, the BLET filed comments on January 
4, 2006 * * * In those comments, we explained in detail, our 
rationale for revising certain FRA forms to require railroads to 
report the number of employee hours spent in each of the various 
classes of service, in addition to the mileage totals currently 
reported.

    In its response to BLET's comments of January 4, 2006, FRA 
acknowledged that BLET had raised important issues which needed to be 
looked into carefully. FRA further remarked that it would like to 
examine these issues by initiating an independent study sometime in 
2006, budget permitting.
    In the current BLET letter dated November 29, 2007, Mr. Tolman goes 
on to observe:

    In the 21+ months since FRA acknowledged the need to study the 
vital safety issues our 2006 comments raised, funding for the study 
has not been allocated. We believe that lack of re-authorization for 
the rail safety program has been a major factor in this needed work 
not going forward. Nonetheless, the need for such a study--and 
possible revision of applicable forms thereafter--is as great today 
as it was nearly two years ago. Indeed, given that FRA has published 
at least two sets of guidelines pertaining to non-incidental remote 
control locomotive operations on main track, the issue of data 
normalization has become more pressing now, in our view. 
Accordingly, we urge FRA to reiterate the shared concerns identified 
in our previous comments, and to reaffirm its intention to study the 
issue when sufficient funding is available to do so.

    FRA appreciates BLET's current letter of support for this vital 
information collection, and now reaffirms its intention to study this 
issue. Further, FRA hereby states that it will commit agency funding to 
this study, and plans on beginning this study sometime in the second 
quarter of 2008. Once this study is completed, FRA will review its 
accident/incident forms to determine appropriate changes and will, of 
course, keep the BLET fully apprised of developments.
    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 proposed 
requirements are

[[Page 71733]]

being submitted for clearance by OMB as required by the PRA.
    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): FRA F 6180.54/55/55A/56/57/78/81/97/98/99/107.
    Abstract: The collection of information is due to the railroad 
accident reporting regulations set forth in 49 CFR part 225 which 
require railroads to submit monthly reports summarizing collisions, 
derailments, and certain other accidents/incidents involving damages 
above a periodically revised dollar threshold, as well as certain 
injuries to passengers, employees, and other persons on railroad 
property. Because the reporting requirements and the information needed 
regarding each category of accident/incident are unique, a different 
form is used for each category.
    Annual Estimated Burden Hours: 47,521 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 may also be sent via e-mail to 
OMB at the following address: oira_submissions@omb.eop.gov.
    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 December 12, 2007.
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. E7-24516 Filed 12-17-07; 8:45 am]

BILLING CODE 4910-06-P
