[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Notices]
[Page 61946-61948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-101]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice and Request for Comments
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirement (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes 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 collection of information was
published on August 23, 2007 (72 FR 48315).
DATES: Comments must be submitted on or before December 3, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1120 Vermont Ave., NW., Mail Stop 25, Washington, DC
20590 (telephone: (202) 493-6292), or Ms. Gina Christodoulou, Office of
Support Systems Staff, RAD-43, 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),
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 August 23, 2007, FRA published a 60-day notice in the
Federal Register soliciting comment on ICRs that the agency was seeking
OMB approval. 72 FR 48315. FRA received two comments after issuing this
notice.
The first comment was submitted by Donald M. Hahs, National
President, on behalf of the Brotherhood of Locomotive Engineers and
Trainmen (BLET), who expressed whole hearted support for the proposed
study. The BLET is a Division of the Rail Conference of the
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International Brotherhood of Teamsters, and is the duly designated and
recognized collective bargaining representative for the craft or class
of Locomotive Engineer employed on all Class I railroads. BLET also
represents operating and other employees on numerous Class II and Class
III railroads. In his letter, Mr. Hahs remarked:
* * * The proposed activity will involve the participation of BLET
members, and I am pleased to support the activity and strongly urge
its approval by OMB.
The BLET has long been in the forefront of efforts to combat
fatigue among its members and operating crews. Our activities
include numerous cooperative ventures with the nation's railroad
carriers and with FRA, as well as proposing and advocating
legislative remedies designed to combat fatigue. We have followed
previous FRA studies--involving other crafts--with interest and have
found the results of those studies helpful to our endeavors.
Moreover, we fully support and have actively provided assistance
in designing the proposed activity. In our opinion, the activity has
significant scientific validity and will produce meaningful data for
use in future fatigue-mitigation efforts by BLET and all railroad
industry stakeholders. We are satisfied that adequate safeguards are
in place to protect all legitimate confidentiality interests, and we
look forward to OMB approval and implementation of the information
collection.
The second comment was submitted by Paul C. Thompson, International
President, on behalf of the United Transportation Union (UTU), who
completely endorsed the proposed study. The UTU represents
approximately 65,000 railroad employees who work in the operating
crafts on the nation's railroads today. In his letter, Mr. Thompson
noted:
* * * This FRA proposed study will focus on train and engine service
employees, which consists of locomotive engineers, conductors,
remote control operators, and switchmen. Fatigue is a major safety
concern for our operating crews today, and UTU fully supports this
study `to develop an understanding of the work schedule-related
fatigue issues that affect these operating crafts.'
This study will be very similar in both method and scope to the
recently completed studies of railroad signalmen, maintenance of way
employees, and train dispatchers.
In response to the Federal Register Notice and request for
comments published on August 23, 2007, UTU files the following
supportive comments:
The proposed collection of information is necessary to
assist the Department in furthering its understanding of work-
schedule related fatigue issues affecting railroad train and engine
employees. This information will provide the Department with the
means to evaluate the overall impact of work/rest scheduling
practices in the railroad industry.
The collected information will have practical utility
to the Department in its ongoing effort to analyze and combat work-
schedule related fatigue within the railroad industry.
The methodology proposed for this information
collection activity is suitable and appropriate for the study and
the respondent population, and will facilitate the collection of
high quality data with high utility.
The proposed information collection activity has been
designed to be minimally burdensome on respondents. The proposed
information collection activity is of limited duration and is
compatible with the work environment where the data will be recorded
by respondents.
Neither BLET nor UTU addressed the issue of burden hour estimates
or burden cost estimates. After carefully reviewing these comments, 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, and are being
submitted for clearance by OMB as required by the PRA.
Title: Work Schedules and Sleep Patterns of Train and Engine
Service Employees.
OMB Control Number: 2130-NEW.
Type of Request: New collection.
Affected Public: Rail Workers.
Abstract: In a continuing effort to improve rail safety and to
reduce the number of injuries and fatalities to rail workers, the issue
of fatigue has received considerable attention from both FRA and the
railroad industry. One of FRA's fatigue-related activities has been a
series of studies designed to document and characterize the work/rest
schedules and sleep patterns in signalmen, maintenance-of-way workers,
and dispatchers. These studies used the methodology approved by the
Office of Management and Budget (OMB), including random selection of
participants to ensure a representative sample of each group. FRA has
not yet collected data from two critically important labor crafts whose
work schedules are regulated by FRA, locomotive engineers and
conductors.
FRA is proposing a study that will focus on train and engine
service employees, which consists of locomotive engineers, conductors,
remote control operators, and switchmen. FRA seeks to develop an
understanding of the work schedule-related fatigue issues that affect
these operating crafts. The project will be very similar in both method
and scope to the recently completed studies of railroad signalmen,
maintenance of way employees, and dispatchers. The FRA proposes to
undertake this study to develop an understanding of the work schedule-
related fatigue issues for train and engine service employees.
The proposed study has two primary purposes:
To document and characterize the work/rest schedules and
sleep patterns of train and engine service employees.
To examine the relationship between these schedules and
level of alertness/fatigue for the individuals who work these
schedules.
The intent is to report results in aggregate, not by railroad.
Subjective ratings from participants of their alertness/sleepiness
on both work and non-work days will be an integral part of this study.
The data will be collected through the use of a daily diary or log, as
well as a brief background questionnaire for each participant. Analysis
of the diary data will allow the FRA to assess the extent of any work-
related fatigue issues for train and engine service employees. The
proposed study will provide a defensible and definitive estimate of the
work/rest cycle parameters and fatigue in train and engine service
employees that will inform future FRA regulatory policy and action.
Form Number(s): FRA F 6180.127; FRA F 6180.128.
Affected Public: Rail Workers.
Respondent Universe: 340 Train and Engine Service Employees.
Frequency of Submission: On occasion.
Annual Estimated Burden Hours: 878 hours.
Status: Regular Review.
[[Page 61948]]
Addressee: Send comments regarding this information collection 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 October 25, 2007 .
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E7-21476 Filed 10-31-07; 8:45 am]
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