
[Federal Register: June 7, 2010 (Volume 75, Number 108)]
[Notices]               
[Page 32237-32239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn10-79]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Information Collection Requirements

[Docket No. FRA-2010-0005-N-11]

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 describe 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 collections of information 
was published on April 2, 2010 (75 FR 16896).

DATES: Comments must be submitted on or before July 7, 2010.

FOR FURTHER INFORMATION CONTACT: 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 (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, 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,

[[Page 32238]]

1320.8(d)(1), 1320.12. On April 2, 2010, FRA published a 60-day notice 
in the Federal Register soliciting comment on ICRs that the agency was 
seeking OMB approval. 75 FR 16896. FRA received no comments after 
issuing this 60-day notice. Accordingly, 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. The revised 
requirements are being submitted for clearance by OMB as required by 
the PRA.
    Title: Remotely Controlled Switch Operations.
    OMB Control Number: 2130-0516.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.
    Annual Estimated Burden Hours: 60,038 hours.
    Title: Bad Order and Home Shop Card.
    OMB Control Number: 2130-0519.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.

    Annual Estimated Burden Hours: 15,750 hours.
    Title: Stenciling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    Type of Request: without change of a previously approved 
collection.
    Affected Public: Railroads.
    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.

    Annual Estimated Burden Hours: 18,750 hours.
    Title: Rear-End Marking Devices.
    OMB Control Number: 2130-0523.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.

    Annual Estimated Burden Hours: 39 hours.
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.

    Annual Estimated Burden Hours: 2,767 hours.
    Title: Grade Crossing Signal System Safety.
    OMB Control Number: 2130-0534.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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

[[Page 32239]]

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.

    Annual Estimated Burden: 8,152 hours.
    Title: Bridge Worker Safety Rules.
    OMB Control Number: 2130-0535.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.

    Annual Estimated Burden: 1 hour.
    Title: Railroad Police Officers.
    OMB Control Number: 2130-0537.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.
    Form Number(s): N/A.

    Annual Estimated Burden: 175 hours.

ADDRESSES: 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. Alternatively, comments may be sent via e-mail to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, 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 June 1, 2010.
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2010-13498 Filed 6-4-10; 8:45 am]
BILLING CODE 4910-06-P

