[Federal Register: July 1, 2003 (Volume 68, Number 126)]
[Notices]               
[Page 39180-39181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy03-115]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

 
Proposed Agency Information Collection Activities; Comment 
Request

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 collection and its expected 
burden. The Federal Register notice with a 60-day comment period 
soliciting comments on the following collections of information was 
published on April 25, 2003 (68 FR 20426).

DATES: Comments must be submitted on or before July 31, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning 
and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 
Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202) 
493-6292) or Debra Steward, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 
493-6139). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Pub. L. No. 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 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 25, 2003, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency was seeking 
OMB approval. 68 FR 20426. FRA received no comments after issuing this 
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: Railroad Operating Rules.
    OMB Control Number: 2130-0035.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Abstract: The collection of information is due to the railroad 
operating rules set forth in 49 CFR part 217 which require Class I and 
Class II railroads to file with FRA copies of their operating rules, 
timetables, and timetable special instructions, and subsequent 
amendments thereto. Class III railroads are required to retain copies 
of these documents at their systems headquarters. Also, 49 CFR 
220.21(b) prescribes the collection of information which requires 
railroads to retain one copy of their current operating rules with 
respect to radio communications and one copy of each subsequent 
amendment thereto. These documents must be made available to FRA upon 
request.
    Annual Estimated Burden Hours: 766,428 hours.
    Title: Rear-End Marking Devices.
    OMB Control Number: 2130-0523.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(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 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: 4 hours.
    Title: Bridge Worker Safety Rules.
    OMB Control Number: 2130-0535.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): N/A.
    Abstract: Section 21039 of Title 49 of the United States Code 
required FRA to issue rules, regulations, orders, and standards for the 
safety of maintenance-

[[Page 39181]]

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 is 
at the job site promotes safe bridge worker practices.
    Annual Estimated Burden Hours: 1 hour.
    Addressee: Send comments regarding any of 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.
    Comments are invited on the following: Whether the proposed 
collection of information is 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 estimate of 
the burden of the proposed information collection; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection 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 25, 2003.
Kathy A. Weiner,
Director, Office of Information Technology and Support Systems, Federal 
Railroad Administration.
[FR Doc. 03-16558 Filed 6-30-03; 8:45 am]

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