# Proposed Agency Information Collection Activities; Comment Request

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URL: https://www.frixlaw.com/law-library/documents/fr%3A03-21765

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 26, 2003
- **Citation:** 68 FR 51323

## Text

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration, DOT.

ACTION:

Notice.

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 October 27, 2003.

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 Ms. Debra Steward, Office of Information Technology and Productivity Improvement, 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 Ms. Steward at
debra.steward@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 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, § 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 the three currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title:
Inspection Brake System Safety Standards For Freight and Other Non-Passenger Trains and Equipment (Power Brakes and Drawbars).

OMB Control Number:
2130-0008.

Abstract:
Section 7 of the Rail Safety Enforcement and Review Act of 1992, Public Law No. 102-365, amended Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421, 431
et seq.
), empowered the Secretary of Transportation to conduct a review of the Department's rules with respect to railroad power brakes and, where applicable, prescribe standards regarding dynamic brake equipment. In keeping with the Secretary's mandate and the authority delegated from him to the FRA Administrator, FRA recently published a comprehensive regulatory revision of the then current requirements related to the inspection, testing, and maintenance of the brake equipment used in freight car operations. The Final Rule focused solely on freight and other non-passenger trains, and codified and solidified the maintenance requirements related to the power brake system and its components. The collection of information is used by FRA to monitor and enforce safety requirements related to power brakes on freight cars. The collection of information is also used by locomotive engineers and road crews to verify that the terminal air brake test has been performed in a satisfactory manner.

Form Number(s):
None.

Affected Public:
Businesses.

Respondent Universe:
545 railroads.

Frequency of Submission:
On occasion.

Affected Public:
Businesses.

Reporting Burden:

CFR section

Respondent
universe

Total annual
responses

Average time per
response

Total annual
burden hours

Total annual
burden cost

229.27—Annual Tests
20,000 locomotives
18,000 tests
15 minutes
4,500
$166,500

232.1—Scope—Requests For Earlier Application of Requirements in Subparts A-C, F
545 railroads
4 requests
1 hour
4
224

232.3—Applicability—Cars Not Used in Service
545 railroads
8 cards
10 minutes
1
35

232.7—Waivers
545 railroads
20 petitions
40 hours
800
28,000

232.11—Penalties
545 railroads
1 false record
10 minutes
.20
7

232.15—Movement of Defective Equipment
1,620,000 cars/locomotives
128,400 tags
2.5 minutes
5,350
197,950

—Notice of Defective Car/Locomotive and Restrictions
1,620,000 cars/locomotives
25,000 notices
3 minutes
1,060
46,250

232.17—Special Approval Procedure
545 railroads
4 petitions
100 hours
400
22,400

Petitions For Special Approval of Pre-Revenue Service Acceptance Testing Plan
545 railroads
2 petitions
100 hours
200
11,200

—Copies of Petitions For Special Approval Procedure
545 railroads
4 petitions
40 hours
160
5,600

—Statements of Interest
Public/railroads
14 statements
8 hours
112
3,920

—Comments on Special Approval Procedure Petition
Public/railroads
13 comments
4 hours
52
1,820

232.103—General Requirements For All Train Brakes
370,000 cars
66,660 stickers
10 minutes
11,110
230,644

232.105—General Requirements For Locomotives
20,000 locomotives
20,000 forms
5 minutes
1,667
61,679

232.107—Air Source Requirements—Plans To Monitor All Air Yard Sources: First Year
545 railroads
50 plans
40
2,000
38,080

—Subsequent Years
25 new railroads
1 plan
40 hours
40
2,240

—Amendments to Plan
50 existing plans
10 amendments
20 hours
200
11,200

—Record Keeping
50 existing plans
1,150 records
20 hours
23,000
805,000

—Written Operating Procedures/Plans
545 railroads
37 plans
20 hours
740
41,440

232.109—Dynamic Brake Requirements—Records
545 railroads
1,656,000 records
4 minutes
110,400
3,864,000

—Repair of Inoperative Dynamic Brakes
20,000 locomotives
6,358 records
4 minutes
424
14,840

—Locomotives with Inoperative Dynamic Brakes—Tag
20,000 locomotives
6,358 tags
30 seconds
53
1,961

—Deactivated Dynamic Brakes—Markings
8,000 locomotives
2,800 markings
5 minutes
233
8,621

—Subsequent Years—Markings
8,000 locomotives
20 markings
5 minutes
2
74

—Written Operating Rules—Safe Train Handling
545 railroads
100 oper. rules
4 hours
400

22,400

—Subsequent Years—Safe Train Handling Procedures
5 new railroads
5 oper. rules
4 hours
20
1,120

—Amendments
545 railroads
15 amendments
1 hour
15
525

—Over Speed Top Rules
545 railroads
182 rules
1 hour
182
10,192

—Requests to Increase 5 MPH Overs Speed Restriction
545 railroads
5 requests
20.5 hours
103
3,605

—Locomotive Engineer Certification Programs/PBrake
545 railroads
100 amendments
16 hours
1,600
89,600

—Subsequent Years
5 new railroads
5 amendments
16 hours
80
4,480

232.111—Train Information Handling—Procedures
545 railroads
182 procedures
50 hours
9,100
509,600

—Subsequent Years
10 new railroads
10 procedures
40 hours
400
22,400

—Amendments
100 railroads
33 amendments
20 hours
660
23,100

—Reports to Train Crews
545 railroads
2,112,000 rpts
10 minutes
352,000
13,024,000

232.203—Training Requirements: Training Programs
545 railroads
100 programs
100 hours
10,000
560,000

—Subsequent Years
15 railroads
1 program
100 hours
100
5,600

—Amendments to Written Program
545 railroads
182 amendments
8 hours
1,456
50,960

—Training Records
545 railroads
67,000 records
8 minutes
8,933
312,655

—Training Notifications
545 railroads
67,000 notices
3 minutes
3,350
117,250

—Validation/Assessment Plans
545 railroads
545 copies
40 hours/1 minute
49
2,375

Amendments to Validation/Assessment Plans
545 railroads
50 amendments
20 hours
1,000
35,000

232.205—Class I Brake Test—Initial Terminal Insp
545 railroads
1,656,000 notices
45 seconds
20,700
931,500

232.207—Class I A Brake Tests: 1000 Mile Insp
545 railroads
8 designations
30 minutes
4
140

—Subsequent Years
545 railroads
1 designation
1 hour
1
35

—Amendments
545 railroads
5 amendments
1 hour
5
175

232.209—Class II Brake Tests—Intermediate Insp
545 railroads
1,600,000
3 seconds
1,333
59,985

232.213—Extended Haul Trains—Designations
84,000 train movements
100 designations
15 minutes
25
875

—Records
84,000 train movements
25,200 records
20 minutes
8,400
294,000

232.303—General Requirements—Track Brake Test
1,600,000 freight cars
5,600 tags
5 minutes
467
17,279

—Location of Last Track Brake Test/Single Car Test
1,600,000 freight cars
320,000 stenciling
5 minutes
26,667
986,679

232.305—Single Car Tests
1,600,000 freight cars
320,000 tests/rcds
45 minutes
240,000
8,400,000

232.309—Equipment and Devices—Tests/Calibrations
640 shops
5,000 tests
30 minutes
2,500
92,500

232.403—Design Standards For One-way EOT Devices—Unique Code
245 railroads
12 requests
5 minutes
1
35

232.407—Operations Requiring 2-Way EOTs
245 railroads
50,000 30 commun
30 seconds
417
18,765

232.409—Inspection and Testing of 2-Way EOTs
245 railroads
450,000 commun
30 seconds
3,750
138,750

—Testing Telemetry Equipment
245 railroads
32,708 markings
60 seconds
545
20,165

232.503—Process to Introduce New Brake System Technology—Special Approval
545 railroads
1 request/letter
60 minutes
1
56

—Pre-Revenue Service Demonstration
545 railroads
1 request
3 hours
3
168

232.505—Pre-Revenue Service Acceptance Testing Plan: Maintenance Procedure—1st Year
545 railroads
1 procedure
160 hours
160
8,920

—Subsequent Years
545 railroads
1 procedure
160 hours
160
8,920

—Amendments
545 railroads
1 amendment
40 hours
40
1,400

—Design Descriptions—Petitions
545 railroads
1 petition
67 hours
67

3,752

—Results Pre-Revenue Service Acceptance Testing
545 railroads
1 report
13 hours
13
455

—Description of Brake Systems Technologies Previously Used in Revenue Service
545 railroads
5 descriptions
40 hours
200
7,000

Total Responses:
8,643,075.

Total Estimated Total Annual Burden:
857,415 hours.

Status:
Regular Review.

Title:
Regional Inspection Point Listing Forms.

OMB Control Number:
2130-0551.

Abstract:
Through a direct comparison of inspection data with accident/incident data, the collection of information aims to develop a profile county-by-county of what there is to inspect, and how much inspection activity was done by Federal and State railroad inspectors each year nationwide. The information collected will produce “snapshots” which will allow FRA to determine where the gaps are in inspection territories so that it can focus inspection resources where they will do the most good. As a result of the collection of information, FRA will be better able to equalize inspector workloads, and will be better able to make informed hiring decisions regarding the most effective placement of new inspectors. More targeted inspections will permit FRA to maximize its limited resources, and will serve to enhance overall safety on the nation's rail system.

Form Number(s):
FRA F 6180.106(a)-(e).

Affected Public:
Businesses.

Respondent Universe:
545 railroads.

Reporting Burden:

CFR section
Respondent universe

Total annual
responses

Average time per response

Total annual
burden

Total annual
burden cost

FRA 6180.106(a)
20 inspectors
280 records

5
(in minutes)

23
$736

FRA 6180.106(b)
35 inspectors
315 records

5
(in minutes)

26
832

FRA 6180.106(c)
30 inspectors
300 records

5
(in minutes)

25
800

FRA 6180.106(d)
12 inspectors
108 records

5
(in minutes)

9
288

FRA 6180.106(e)
40 inspectors
360 records

5
(in minutes)

30
960

Total Responses:
1,363.

Total Estimated Total Annual Burden:
113 hours.

Status:
Regular Review.

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 August 19, 2003.
Kathy A. Weiner,
Director, Office of Information Technology and Support Systems, Federal Railroad Administration.

[FR Doc. 03-21765 Filed 8-25-03; 8:45 am]
BILLING CODE 4910-06-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A03-21765. Public record. Not legal advice.
