
[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Notices]               
[Page 20875-20877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap10-109]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2010-0005-N-9]

 
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

[[Page 20876]]

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 21, 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 Kimberly.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, 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 three currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:
    Title: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Abstract: Title 49, Part 215 of the Code of Federal Regulations, 
prescribes certain conditions to be followed for the movement of 
freight cars that are not in compliance with this Part. Dedicated 
service means the exclusive assignment of railroad cars to the 
transportation of freight between specified points under the following 
conditions: (1) The cars are operated primarily on track that is inside 
an industrial or other non-railroad installation; and only occasionally 
over track of a railroad; (2) The cars are not operated at speeds of 
more than 15 miles per hour; and over track of a railroad--(A) for more 
than 30 miles in one direction; or (B) on a round trip for more than 60 
miles; (3) The cars are not freely interchanged among railroads; (4) 
The words ``Dedicated Service'' are stenciled, or otherwise displayed, 
in clear legible letters on each side of the car body; and (5) The cars 
have been examined and found safe to operate in dedicated service. 
These cars must be identified in a written report to FRA before they 
are assigned to dedicated service, and these reports must be filed with 
FRA 30 days before the cars operate in dedicated service. FRA uses the 
information collected under Sec.  215.5(d) to determine the number of 
railroads affected, the number and type of cars involved, the 
commodities being carried, and the territorial and speed limits within 
which the cars will be operated. FRA reviews these reports to determine 
if the equipment is safe to operate and if the operation qualifies for 
dedicated service. The information collected indicates to FRA 
inspectors that the particular or ``dedicated'' car is in special 
service and that certain exceptions have been provided for regarding 
the application of this regulation spelled out in Sec.  215.3. Cars not 
in compliance with Sec.  215.5(d) will be cited for violations by FRA 
inspectors. The information collected is also used by railroads to 
provide identification and control so that dedicated cars remain in the 
prescribed service.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 728 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 4.
    Total Estimated Annual Burden: 4 hours.
    Status: Extension of a Currently Approved Collection.
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.
    Abstract: The collection of information is due to the railroad 
hours of service regulations set forth in 49 CFR Part 228 which require 
railroads to collect the hours of duty for covered employees, and 
records of train movements. Railroads whose employees have exceeded 
maximum duty limitations must report the circumstances. Also, a 
railroad that has developed plans for construction or reconstruction of 
sleeping quarters (Subpart C of 49 CFR Part 228) must obtain approval 
of the Federal Railroad Administration (FRA) by filing a petition 
conforming to the requirements of Sections 228.101, 228.103, and 
228.105.
    Affected Public: Businesses.
    Respondent Universe: 720 railroads.
    Frequency of Submission: On occasion; monthly.

[[Page 20877]]



                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
228.11--Hours of Duty Records....  720 railroads......  29,893,500 records.  2 min./5 min./10          3,049,210
                                                                              minutes.
228.17--Dispatchers of Train       150 dispatch         200,750 records....  3 hours............         602,250
 Movements.                         offices.
228.19--Monthly Reports of Excess  300 railroads......  2,640 reports......  2 hours............           5,280
 Service.
228.103--Construction of Employee  50 railroads.......  1 petition.........  16 hours...........              16
 Sleeping Quarters.
228.203--Program Components......  9 railroads........  5 adjusted programs  120 hours; 720                1,320
                                                         + 1 newly            hours.
                                                         developed program.
    --Development of Electronic
     Recordkeeping System w/
     required Security and Search
     Capability.
228.205--Access to Electronic      720 railroads......  100 electronic       30 minutes.........              50
 Records.                                                records access
                                                         procedures.
    --RR Procedures.
228.207--Training................  720 railroads/       47,000 trained       1 hour.............          47,000
                                    signal contractors.  employees.
    --Initial Training in Use of   720 railroads/       2,200 trained        1 hour.............           2,200
     Electronic System.             signal contractors.  employees.
    --Refresher Training in Use
     of Electronic System.
49 U.S.C.21102--Hours of Service   10 railroads.......  2 petitions........  10 hours...........              20
 Act.
    --Exemptions from Laws
     Requirements.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 30,145,699.
    Estimated Total Annual Burden: 3,707,346 hours.
    Status: Extension of a Currently Approved Collection.
    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 April 14, 2010.
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2010-9105 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-06-P

