
[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Notices]               
[Page 38862-38863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy10-117]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0005-N-15]

 
Notice and Request for Comments

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 21, 2010 (75 FR 20875).

DATES: Comments must be submitted on or before August 5, 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, 1320.8(d)(1), 
1320.12. On April 21, 2010, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 75 FR 20875. 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: Filing of Dedicated Cars.
    OMB Control Number: 2130-0502.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.
    Annual Estimated Burden Hours: 4 hours.
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.
    Type of Request: Extension without change of a currently approved 
collection.
    Affected Public: Railroads.
    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.
    Form Number(s): FRA F 6180.3.
    Annual Estimated Burden Hours: 3,707,346 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

[[Page 38863]]

(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 29, 2010.
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2010-16339 Filed 7-2-10; 8:45 am]
BILLING CODE 4910-06-P

