
[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18668-18671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07042]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2013-0002-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 May 28, 2013.

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 email to Mr. Brogan at 
Robert.Brogan@dot.gov, or

[[Page 18669]]

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 three currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:
    Title: Stencilling Reporting Mark on Freight Cars.
    OMB Control Number: 2130-0520.
    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 stencilled/repainted freight 
cars.
    Total Estimated Annual Burden: 18,750 hours.
    Status: Regular Review.
    OMB Control Number: 2130-0523.
    Title: Rear-End Marking Devices.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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.
    Respondent Universe: 728 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 4.
    Total Estimated Annual Burden: 39 hours.
    Status: Regular Review.
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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.
    Respondent Universe: 2 Locomotive Manufacturers.
    Frequency of Submission: On occasion.

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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210.27--New Loco. Certification--  4 Locomotive         4 requests.........  30 minutes.........               2
 Requests for Information.          Manufacturers.
    --Identification of            4 Locomotive         790 badges/plates..  30 minutes.........             395
     Locomotives.                   Manufacturers.
210.31--Operation Standards--      4 Locomotive         790 recorded         3 hours............           2,370
 Measurement of Loco. Noise         Manufacturers.       measurements.
 Emissions.
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    Total Estimated Responses: 1,582.
    Total Estimated Annual Burden: 2,767 hours.
    Status: Regular Review.
    Title: Grade Crossing Signal System Safety Regulations.
    OMB Control Number: 2130-0534.
    Abstract: FRA believes that highway-rail grade crossing (grade 
crossing) accidents resulting from warning system failures can be 
reduced. Motorists lose

[[Page 18670]]

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; record keeping.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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234.7--Telephone Notification....  728 railroads......  8 phone calls......  15 minutes.........               2
234.9--Grade crossing signal       728 railroads......  600 reports........  15 minutes.........             150
 system failure reports.
234.105.106/107--Notification to   728 railroads......  24,000               15 minutes.........           6,000
 train crew and highway traffic                          notifications.
 control authority.
234.109--Record Keeping..........  728 railroads......  12,000 records.....  10 minutes.........           2,000
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    Total Estimated Responses: 36,608.
    Total Estimated Annual Burden: 8,152 hours.
    Status: Regular Review.
    OMB Control Number: 2130-0535.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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.
    Frequency of Submission: On occasion.
    Total Estimated Responses: 6.
    Total Estimated Annual Burden: 1 hour.
    Status: Regular Review.
    Title: Railroad Police Officers.
    OMB Control Number: 2130-0537.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads and States.
    Form(s): None.
    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.
    Total Estimated Responses: 70.
    Total Annual Estimated Burden Hours: 181 hours.
    Status: Regular Review.
    Title: Foreign Railroads' Foreign-Based (FRFB) Employees Who 
Perform Train or Dispatching Service in the United States.
    OMB Control Number: 2130-0555.
    Abstract: The collection of information is used by FRA to determine 
compliance of FRFB train and dispatching service employees and their 
employers with the prohibition against the abuse of alcohol and 
controlled substances. Because of the increase in cross-border train 
operations and the increased risk posed to the safety of train 
operations in the United States, FRA seeks to apply all of the 
requirements of 49 CFR part 219 to FRFB train and dispatching service 
employees. The basic information--evidence of unauthorized use of drugs 
and alcohol--is used by FRA to help prevent accidents/incidents by 
screening FRFB who perform safety-sensitive functions for unauthorized 
drug or alcohol use. FRFB train and dispatching service employees 
testing positive for unauthorized use of alcohol and drugs are removed 
from service, thereby enhancing safety and serving as a deterrent to 
other FRFB train and dispatching service employees who might be tempted 
to engage in the unauthorized use of drugs or alcohol.
    Form Number(s): None.
    Respondent Universe: 2 Railroads.
    Frequency of Submission: On occasion.
    Affected Public: Foreign-Based Railroads and Their Employees.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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219.4--Recognition of Foreign      2 railroads........  1 petition.........  10 hours...........              10
 Railroads' Workplace Testing
 Programs: Petitions to Agency.
    --Comments on Petition.......  2 railroads/public.  2 comments + 2       2 hours............               4
                                                         comment copies.
219.403/405--Evaluation by         2 railroads........  3 reports/referrals  2 hours............               6
 Substance Abuse Professional.

[[Page 18671]]

 
219.405(c)(1)--Report by a Co-     2 railroads........  1 report...........  5 minutes..........             .08
 worker.
219.609--Notice by Employee        200 employees......  2 excuses..........  15 minutes.........              .5
 Asking to be Excused from Random
 Alcohol Testing.
219.903--Retention of Urine Drug   2 railroads........  80 records.........  5 minutes..........               7
 Testing Records.
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    Total Responses: 91.
    Total Estimated Total Annual Burden: 28 hours.
    Type of Request: 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 March 21, 2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad Administration.
[FR Doc. 2013-07042 Filed 3-26-13; 8:45 am]
BILLING CODE 4910-06-P


