FR Doc 06-3361

[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Notices]
[Page 17945-17948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-127]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

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

[[Page 17946]]

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 June 6, 2006.

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, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC
20590, or Mr. Victor Angelo, Office of Support Systems, RAD-20, Federal
Railroad Administration, 1120 Vermont Ave., NW., 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-
6230 or (202) 493-6170, or E-mail to Mr. Brogan at
robert.brogan@fra.dot.gov, or to Mr. Angelo at

victor.angelo@fra.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, 1120
Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202)
493-6292) or Victor Angelo, Office of Support Systems, RAD-20, Federal
Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35,
Washington, DC 20590 (telephone: (202) 493-6470). (These telephone
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:
The Paperwork Reduction Act of 1995 (PRA), Pub. L. 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 eight currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
OMB Control Number: 2130-0006.
Type of Request: Extension of a currently approved collection.
Affected Public: Businesses.
Form Number(s): N/A.
Abstract: The regulations pertaining to railroad signal systems are
contained in 49 CFR parts 233 (Signal System Reporting Requirements),
235 (Instructions Governing Applications For Approval of A
Discontinuance or Material Modification of a Signal System), and 236
(Rules, Standards, and Instructions Governing the Installation,
Inspection, Maintenance, and Repair of Systems, Devices, and
Appliances). Section 233.5 provides that each railroad must report to
FRA within 24 hours after learning of an accident or incident arising
from the failure of a signal appliance, device, method, or system to
function or indicate as required by part 236 of this Title that results
in a more favorable aspect than intended or other condition hazardous
to the movement of a train. Section 233.7 sets forth the specific
requirements for reporting signal failures within 15 days in accordance
with the instructions printed on Form FRA F 6180.14. Finally, Section
233.9 sets forth the specific requirements for the ``Signal System Five
Year Report.'' It requires that every five years each railroad must
file a signal system status report. The report is to be prepared on a
form issued by FRA in accordance with the instructions and definitions
provided. Title 49, Part 235 of the Code of Federal Regulations, sets
forth the specific conditions under which FRA approval of modification
or discontinuance of railroad signal systems is required and prescribes
the methods available to seek such approval. The application process
prescribed under Part 235 provides a vehicle enabling FRA to obtain the
necessary information to make logical and informed decisions concerning
carrier requests to modify or discontinue signaling systems. Section
235.5 requires railroads to apply for FRA approval to discontinue or
materially modify railroad signaling systems. Section 235.7 defines
material modifications and identifies those changes that do not require
agency approval. Section 235.8 provides that any railroad may petition
FRA to seek relief from the requirements under 49 CFR part 236.
Sections 235.10, 235.12, and 235.13 describe where the petition must be
submitted, what information must be included, the organizational
format, and the official authorized to sign the application. Section
235.20 sets forth the process for protesting the granting of a carrier
application for signal changes or relief from the rules, standards, and
instructions. This section provides the information that must be
included in the protest, the address for filing the protest, the item
limit for filing the protest, and the requirement that a person
requesting a public hearing explain the need for such a forum. Section
236.110 requires that the test results of certain signaling apparatus
be recorded and specifically identify the tests required under sections
236.102-109; sections 236.377-236.387; sections 236.576; 236.577; and
section 236.586-589. Section 236.110 further provides that the test
results must be recorded on pre-printed or computerized forms provided
by the carrier and that the forms show the name of the railroad, place
and date of the test conducted, equipment tested, test results,
repairs, and the condition of the apparatus. This section also requires
that the employee conducting the test must sign the form and that the
record be retained at the office of the supervisory official having the
proper authority. Results of tests made in

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compliance with sections 236.587 must be retained for 92 days, and
results of all other tests must be retained until the next record is
filed, but in no case less than one year. Additionally, section 236.587
requires each railroad to make a departure test of cab signal, train
stop, or train control devices on locomotives before that locomotive
enters the equipped territory. This section further requires that
whoever performs the test must certify in writing that the test was
properly performed. The certification and test results must be posted
in the locomotive cab with a copy of the certification and test results
retained at the office of the supervisory official having the proper
authority. However, if it is impractical to leave a copy of the
certification and test results at the location of the test, the test
results must be transmitted to either the dispatcher or one other
designated official who must keep a written record of the test results
and the name of the person performing the test. All records prepared
under this section are required to be retained for 92 days. Finally,
section 236.590 requires the carrier to clean and inspect the pneumatic
apparatus of automatic train stop, train control, or cab signal devices
on locomotives every 736 days, and to stencil, tag, or otherwise mark
the pneumatic apparatus indicating the last cleaning date.
Reporting Burden:

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Average time per Total annual burden Total annual
CFR section Respondent universe Total annual respose response hours burden cost
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233.5--Reporting of accidents... 685 railroads.............. 10 phone calls............. 30 minutes........... 5 hours.............. $170
233.7--False proceed signal 685 railroads.............. 100 reports................ 15 minutes........... 25 hours............. 850
failures report.
235.5--Block signal applications 80 railroads............... 111 applications........... 10 hours............. 1,110 hours.......... 37,740
235.8--Applications for relief.. 80 railroads............... 24 relief requests......... 2.5 hours............ 60 hours............. 2,040
235.20--Protect letters......... 80 railroads............... 84 protest letters......... 30 minutes........... 42 hours............. 1,426
236.110--Recordkeeping.......... 80 rairoads................ 936,550 forms.............. 27 minutes........... 427,881 hours........ 14,547,954
236587--Departure tests......... 18 railroads............... 730,000 tests.............. 4 minutes............ 48,667 hours......... 1,654,678
236.590--Pneumatic values....... 18 railroads............... 6,697 stencilings.......... 22.5 minutes......... 2,511 hours.......... 85,374
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Total Estimated Responses: 1,673,576.
Total Estimated Annual Burden: 480,301 hours.
Status: Regular Review.
Title: Remotely Controlled Switch Operations.
OMB Control Number: 2130-0516.
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.
Affected Public: Businesses.
Respondent Universe: 685 railroads.
Frequency of Submission: On occasion.

Total Estimated Responses: 3,604,000.
Total Estimated Annual Burden: 120,267 hours.
Status: Regular Review.
Title: Disqualification Proceedings.
OMB Control Number: 2130-0529.
Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue
orders disqualifying railroad employees, including supervisors,
managers, and other agents, from performing safety-sensitive service in
the rail industry for violations of safety rules, regulations,
standards, orders, or laws evidencing unfitness. FRA's regulations, 49
CFR part 209, subpart D, implement the statutory provision by requiring
(i) a railroad employing or formerly employing a disqualified
individual to disclose the terms and conditions of a disqualification
order to the individual's new or prospective employing railroad; (ii) a
railroad considering employing an individual in a safety-sensitive
position to ask the individual's previous employing railroad whether
the individual is currently serving under a disqualification order; and
(iii) a disqualified individual to inform his new or prospective
employer of the disqualification order and provide a copy of the same.
Additionally, the regulations prohibit a railroad from employing a
person serving under a disqualification order to work in a safety-
sensitive position. This information serves to inform a railroad
whether an employee or prospective employee is currently disqualified
from performing safety-sensitive service based on the issuance of a
disqualification order by FRA. Furthermore, it prevents an individual
currently serving under a disqualification order from retaining and
obtaining employment in a safety-sensitive position in the rail
industry.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: 685 railroads.
Frequency of Submission: On occasion.

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Average time per Total annual burden Total annual
CFR section Respondent universe Total annual responses response hours burden cost
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Respondent reply to 40,000 Locomotive Engineers 1 documented reply......... 3 hours.............. 3 hours.............. $135
disqualification order.
Informal reply to proposed 40,000 Locomotive Engineers 1 informal response........ 1 hour............... 1 hour............... 45
disqualification order.
Provide copy of disqualification 685 Railroads.............. 1 notification............. 30 minutes........... 1 hour............... 45
order to prospective employer.
Request copy of disqualification 685 Railroads.............. Usual and customary N/A.................. N/A.................. N/A
order from previouis employer. procedure.
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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 April 3, 2006.
Belinda Ashton,
Acting Director, Office of Budget, Federal Railroad Administration.
[FR Doc. 06-3361 Filed 4-6-06; 8:45 am]

BILLING CODE 4910-06-P