
[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Notices]               
[Page 9331-9333]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr09-141]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2009-0001-N-5]

 
Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking renewal of the following currently 
approved information collection activities. Before submitting these 
information collection requirements (ICRs) for clearance by the Office 
of Management and Budget (OMB), FRA is soliciting public comment on 
specific aspects of the activities identified below.

DATES: Comments must be received no later than May 4, 2009.

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 ------.'' 
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or (202) 493-6497, or via e-mail to Mr. Brogan at 
robert.brogan@dot.gov, or to Ms. Jackson at nakia.jackson@dot.gov. 
Please refer to the assigned OMB control number in any correspondence 
submitted. FRA will summarize comments received in response to this 
notice in a subsequent notice and include them in its information 
collection submission to OMB for approval.

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: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 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 provide 60 days notice to the public for 
comment on information collection activities before seeking approval 
for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 
1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites 
interested respondents to comment on the following summary of proposed 
information collection activities regarding (i) whether the information 
collection activities are

[[Page 9332]]

necessary for FRA to properly execute its functions, including whether 
the activities will have practical utility; (ii) the accuracy of FRA's 
estimates of the burden of the information collection activities, 
including the validity of the methodology and assumptions used to 
determine the estimates; (iii) ways for FRA to enhance the quality, 
utility, and clarity of the information being collected; and (iv) ways 
for FRA to minimize the burden of information collection activities on 
the public by automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology (e.g., 
permitting electronic submission of responses). See 44 U.S.C. 
3506(c)(2)(A)(I)-(iv); 5 CFR 1320.8(d)(1)(I)-(iv). FRA believes that 
soliciting public comment will promote its efforts to reduce the 
administrative and paperwork burdens associated with the collection of 
information mandated by Federal regulations. In summary, FRA reasons 
that comments received will advance three objectives: (i) Reduce 
reporting burdens; (ii) ensure that it organizes information collection 
requirements in a ``user friendly'' format to improve the use of such 
information; and (iii) accurately assess the resources expended to 
retrieve and produce information requested. See 44 U.S.C. 3501.
    Below are brief summaries of eight currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:
    OMB Control Number: 2130-0006.
    Title: Railroad Signal System Requirements.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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 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 item 
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.

                                                Reporting Burden
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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
233.5--Reporting of accidents....  687 railroads......  10 phone calls.....  30 minutes.........               5
233.7--False proceed signal        687 railroads......  100 reports........  15 minutes.........              25
 failures report.
233.9--Reports...................  687 railroads......  687 applications...  60 minutes.........             687
235.5--Changes requiring filing    80 railroads.......  111 applications...  10 hours...........           1,110
 of application.
235.8--Applications for relief     80 railroads.......  24 relief requests.  2.5 hours..........              60
 from Part 236.

[[Page 9333]]


235.20--Protest letters..........  80 railroads.......  84 protest letters.  30 minutes.........              42
236.110--Results of tests--        80 railroads.......  936,660 forms......  27 minutes.........         427,881
 recordkeeping.
236.587--Departure test..........  18 railroads.......  730,000 tests......  4 minutes..........          48,667
236.590--Pneumatic apparatus--     18 railroads.......  6,697 stencilings..  22.5 minutes.......           2,511
 stenciling/tagging pneumatic
 valves.
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    Total Estimated Responses: 1,674,373.
    Total Estimated Annual Burden: 480,988 hours.
    Status: Regular Review.
    Title: U.S. DOT Crossing Inventory Form.
    OMB Control Number: 2130-0017.
    Type of Request: Extension of a currently approved collection.
    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.
    Affected Public: Businesses.
    Respondent Universe: 683 Railroads.
    Frequency of Submission: On occasion; monthly.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
                                     Respondent universe        Total annual       per response    Total annual
                                                                 responses             (min)       burden hours
----------------------------------------------------------------------------------------------------------------
Crossing Inventory--Forms.........  683 railroads........  1,311 forms..........              30             656
Crossing Inventory--Mass Update     683 railroads........  290 printouts (3,630               30             145
 Printouts.                                                 updated records).
Crossing Inventory--Disc/Tape (non- 683 railroads........  798 discs/tapes                    30             399
 GX).                                                       (117,498 records
                                                            updated).
Crossing Inventory--GX Electronic   683 railroads........  28 GX Electronic                    6           1,141
 Updates.                                                   files (11,411
                                                            records updated).
----------------------------------------------------------------------------------------------------------------

    Total Responses: 133,850.
    Estimated Total Annual Burden: 2,341 hours.
    Status: Regular 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 February 25, 2009.
Kimberly Orben,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. E9-4458 Filed 3-2-09; 8:45 am]

BILLING CODE 4910-06-P
