
[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]               
[Page 16896-16899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-138]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2010-0005-N-7]

 
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 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 June 1, 2010.

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. Kimberly Toone, 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. Toone at kim.toone@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. Kimberly Toone, Office of Information 
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey 
Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, Sec.  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 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:


[[Page 16897]]


    Title: Grade Crossing Signal System Safety Regulations.
    OMB Control Number: 2130-0534.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: FRA believes that highway-rail grade crossing (grade 
crossing) accidents resulting from warning system failures can be 
reduced. Motorists lose faith in warning systems that constantly warn 
of an oncoming train when none is present. Therefore, the fail-safe 
feature of a warning system loses its effectiveness if the system is 
not repaired within a reasonable period of time. A greater risk of an 
accident is present when a warning system fails to activate as a train 
approaches a grade crossing. FRA's regulations require railroads to 
take specific responses in the event of an activation failure. FRA uses 
the information to develop better solutions to the problems of grade 
crossing device malfunctions. With this information, FRA is able to 
correlate accident data and equipment malfunctions with the types of 
circuits and age of equipment. FRA can then identify the causes of 
grade crossing system failures and investigate them to determine 
whether periodic maintenance, inspection, and testing standards are 
effective. FRA also uses the information collected to alert railroad 
employees and appropriate highway traffic authorities of warning system 
malfunctions so that they can take the necessary measures to protect 
motorists and railroad workers at the grade crossing until repairs have 
been made.
    Form Number(s): FRA F 6180.83.
    Affected Public: Businesses.
    Frequency of Submission: On occasion; recordkeeping.

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
            CFR section              Respondent universe        Total annual       per response    Total annual
                                                                 responses           (minutes)     burden hours
----------------------------------------------------------------------------------------------------------------
234.7--Telephone Notification.....  728 railroads........  8 phone calls........              15               2
234.9--Grade crossing signal        728 railroads........  600 reports..........              15             150
 system failure rpts.
234.105-107--Notification to crew   728 railroads........  24,000 notifications.              15           6,000
 and Proper Law Enforcement
 Authority.
234.109--Record Keeping...........  728 railroads........  12,000 records.......              10           2,000
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 36,608.
    Total Estimated Annual Burden: 8,152 hours.

    Title: Bridge Worker Safety Rules.
    OMB Control Number: 2130-0535.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Section 20139 of Title 49 of the United States Code 
required FRA to issue rules, regulations, orders, and standards for the 
safety of maintenance-of-way employees on railroad bridges, including 
for ``bridge safety equipment'' such as nets, walkways, handrails, and 
safety lines, and requirements for the use of vessels when work is 
performed on bridges located over bodies of water. FRA has added 49 CFR 
Part 214 to establish minimum workplace safety standards for railroad 
employees as they apply to railroad bridges. Specifically, section 
214.15(c) establishes standards and practices for safety net systems. 
Safety nets and net installations are to be drop-tested at the job site 
after initial installation and before being used as a fall-protection 
system; after major repairs; and at six-month intervals if left at one 
site. If a drop-test is not feasible and is not performed, then a 
written certification must be made by the railroad or railroad 
contractor, or a designated certified person, that the net does comply 
with the safety standards of this section. FRA and State inspectors use 
the information to enforce Federal regulations. The information that is 
maintained at the job site promotes safe bridge worker practices.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 6.
    Total Estimated Annual Burden: 1 hour.

    Title: Railroad Police Officers.
    OMB Control Number: 2130-0537.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Under 49 CFR Part 207, railroads are required to notify 
states of all designated police officers who are discharging their 
duties outside of their respective jurisdictions. This requirement is 
necessary to verify proper police authority.
    Affected Public: Railroads and States.
    Frequency of Submission: On occasion.
    Form(s): None.
    Total Estimated Responses: 35.
    Total Annual Estimated Burden Hours: 175 hours.

    Title: Stenciling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Title 49, Section 215.301 of the Code of Federal 
Regulations, sets forth certain requirements that must be followed by 
railroad carriers and private car owners relative to identification 
marks on railroad equipment. FRA, railroads, and the public refer to 
the stencilling to identify freight cars.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 728 railroads.
    Total Estimated Responses: 25,000 cars stenciled.
    Total Estimated Annual Burden: 18,750 hours.

    Title: Rear-End Marking Devices.
    OMB Control Number: 2130-0523.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: The collection of information is set forth under 49 CFR 
Part 221 which requires railroads to furnish a detailed description of 
the type of marking device to be used for the trailing end of rear cars 
in order to ensure rear cars meet minimum standards for visibility and 
display. Railroads are required to furnish a certification that the 
device has been tested in accordance with current ``Guidelines for 
Testing of Rear End Marking Devices.'' Additionally, railroads are 
required to furnish detailed test records which include the testing 
organizations, description of tests, number of samples tested, and the 
test results in order to demonstrate compliance with the performance 
standard.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 728 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 2.

[[Page 16898]]

    Total Estimated Annual Burden: 38 hours.

    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Part 210 of title 49 of the United States Code of Federal 
Regulations (CFR) pertains to FRA's noise enforcement procedures which 
encompass rail yard noise source standards published by the 
Environmental Protection Agency (EPA). EPA has the authority to set 
these standards under the Noise Control Act of 1972. The information 
collected by FRA under Part 210 is necessary to ensure compliance with 
EPA noise standards for new locomotives.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 2 Locomotive Manufacturers.
    Frequency of Submission: On occasion.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
210.27:
    New Loco. Certification--      Locomotive Manuf...  4 requests.........  30 minutes.........               2
     Requests for Information.
    Identification of Locomotives  4 Locomotive Manuf.  790 badges/plates..  30 minutes.........             395
210.31--Operation Standards--      4 Locomotive Manuf.  790 recorded         3 hours............           2,370
 Measurement of Loco. Noise                              measurements.
 Emissions.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 1,620.
    Total Estimated Annual Burden: 2,785 hours.

    Title: Remotely Controlled Switch Operations.
    OMB Control Number: 2130-0516.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Title 49, Section 218.30 of the Code of Federal 
Regulations (CFR), ensures that remotely controlled switches are lined 
to protect workers who are vulnerable to being struck by moving cars as 
they inspect or service equipment on a particular track or, 
alternatively, occupy camp cars. FRA believes that production of 
notification requests promotes safety by minimizing mental lapses of 
workers who are simultaneously handling several tasks. Sections 218.30 
and 218.67 require the operator of remotely controlled switches to 
maintain a record of each notification requesting blue signal 
protection for 15 days. Operators of remotely controlled switches use 
the information as a record documenting blue signal protection of 
workers or camp cars. This record also serves as a valuable resource 
for railroad supervisors and FRA inspectors monitoring regulatory 
compliance.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 718 railroads.
    Frequency of Submission: On occasion.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
218.30--Blue Signal Protection of  70 railroads.......  3,600,000            1 minute...........          60,000
 Workmen; Remotely Controlled                            notifications.
 Switches.
218.77--Protection of occupied     4 railroads........  2,300 notifications  1 minute...........              38
 camp cars; Remotely Controlled
 Switches.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 3,602,300.
    Total Estimated Annual Burden: 120,153 hours.
    Title: Bad Order and Home Shop Card.
    OMB Control Number: 2130-0519.
    Status: Regular Review.
    Type of Request: Extension without change of a previously approved 
collection.
    Abstract: Under 49 CFR Part 215, each railroad is required to 
inspect freight cars placed in service and take the necessary remedial 
action when defects are identified. Part 215 defects are specific in 
nature and relate to items that have or could have caused accidents or 
incidents. Section 215.9 sets forth specific procedures that railroads 
must follow when it is necessary to move defective cars for repair 
purposes. For example, railroads must affix a ``bad order'' tag 
describing each defect to each side of the freight car. It is 
imperative that a defective freight car be tagged ``bad order'' so that 
it may be readily identified and moved to another location for repair 
purposes only. At the repair point, the ``bad order'' tag serves as a 
repair record. Railroads must retain each tag for 90 days to verify 
that proper repairs were made at the designated location. FRA and State 
inspectors review all pertinent records to determine whether defective 
cars presenting an immediate hazard are being moved in transportation.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 718 railroads.
    Frequency of Submission: On occasion.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
215.9:
    Movement of Defective Cars     728 railroads......  150,000 tags.......  5 minutes..........          12,500
     for Repair.

[[Page 16899]]


    Notifications of Removal of    728 railroads......  75,000               2 minutes..........           2,500
     Defective Car Tags.                                 notifications.
215.11--Designated Inspectors--    728 railroads......  45,000 records.....  1 minute...........             750
 Records.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 225,000.
    Total Estimated Annual Burden: 12,750 hours.
    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 March 30, 2010.
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2010-7595 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-06-P

