# Proposed Agency Information Collection Activities; Comment Request > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-20464 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 12, 2011 - **Citation:** 76 FR 50320 ## Text DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA 2011-0001-N-10] 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 11, 2011. 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 25, 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 2130-0008.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6479, or via e-mail to Mr. Brogan at Robert.Brogan@dot.gov, or to Ms. Toone at Kimberly.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 21, 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, § 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 is a brief summary of the currently approved information collection request (ICR) 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 issued revisions to the regulations governing freight power brakes and equipment in October 2008 by adding a new Subpart addressing electronically controlled pneumatic (ECP) brake systems. The revisions are designed to provide for and encourage the safe implementation and use of ECT brake system technologies. These revisions contain specific requirements relating to design, interoperability, training, inspection, testing, handling defective equipment and periodic maintenance related to ECP brake systems. The final rule also identifies provisions of the existing regulations and statutes where FRA is proposing to provide flexibility to facilitate the voluntary adoption of this advanced brake system technology. The collection of information is used by FRA to monitor and enforce current regulatory requirements related to power brakes on freight cars as well as the recently added requirements related to ECP brake systems. 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: 559 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 229.27: Annual Tests 30,000 Locomotives 30,000 tests 15 minutes 7,500 232.3: Applicability—Cars Not Used in Service 559 Railroads 8 cards 10 minutes 1 232.7: Waivers 559 railroads 20 petitions 40 hours 800 232.11: Penalties 559 railroads 1 false record 10 minutes .17 232.15: Movement of Defective Equipment—Notice of Defective Car/Locomotive and Restrictions 1,620,000 cars/locos 128,400 tags 2.5 minutes 5,350 1,620,000 cars/locos 25,000 notices 3 minutes 1,250 232.17: Special Approval Procedure 559 railroads 4 petitions 100 hours 400 Petitions—Pre-Revenue Svc Plans 559 railroads 2 petitions 100 hours 200 Copies of Petitions—Special Approval 559 railroads 4 petitions 40 hours 160 Statements of Interest Public/Railroads 14 statements 8 hours 112 Comments on Special Approval Procedure Petition Public/Railroads 13 comments 4 hours 52 232.103: General Requirements for All Train Brakes 114,000 cars 70,000 stickers 10 minutes 11,667 232.105: General Requirements For Locomotives 30,000 locomotives 30,000 forms 5 minutes 2,500 232.107: Air Source Requirements—Plans 10 new railroads 1 plan 40 hours 40 Amendments to Plan 50 Existing Plans 10 amendment 20 hours 200 Record Keeping 50 Existing Plans 1,150 records 20 hours 23,000 232.109: Dynamic Br. Requirements—Rcd 559 railroads 1,656,000 rcd 4 minutes 110,400 Repair of Inoperative Dynamic Brakes 30,000 locomotives 6,358 records 4 minutes 424 Locomotives w/Inoperative Dynamic Br. 30,000 locomotives 6,358 tags 30 seconds 53 Deactivated Dynamic Brakes: Markings 8,000 locomotives 10 markings 5 minutes 1 Rule Safe Train Handling Procedures 5 new railroads 5 oper. rules 4 hours 20 Amendments 559 railroads 15 amendment 1 hour 15 Over Speed Top Rules—5 MPH Increase 559 railroads 5 requests 20.5 hours 103 Locomotive Engineer Certification Programs—Dynamic Brakes Training 5 new railroads 5 amendments 16 hours 80 232.111: Train Information Handling 5 new railroads 5 procedures 40 hours 200 Amendments 100 railroads 100 am. proc. 20 hours 2,000 Reports to Train Crews 559 railroads 2,112,000 rpts 10 minutes 352,000 232.203: Training Requirements: Training Programs—Subsequent Years 15 railroads 5 programs 100 hours 500 Amendments to Written Program 559 railroads 559 am. prog. 8 hours 4,472 Training Records 559 railroads 67,000 records 8 minutes 8,933 Training Notifications 559 railroads 67,000 notices 3 minutes 3,350 Validation/Assessment Plans 559 railroads 1 plan +559 copies 40 hrs./1 min. 49 Amendments to Validation/Assessment Plans 559 railroads 50 amendment 20 hours 1,000 232.205: Class I Brake Test—Initial Terminal Insp. 559 railroads 1,646,000 notices 45 seconds 20,575 232.207: Class I A Brake Tests: 1000 Mile Insp. 559 railroads 25 designations 30 minutes 13 Subsequent Years 559 railroads 1 designation 1 hour 1 Amendments 559 railroads 5 amendments 1 hour 5 232.209: Class II Brake Tests—Intermediate Insp. 559 railroads 1,600,000 comments 3 seconds 1,333 232.213: Extended Haul Trains—Designations 84,000 train movements 100 designations 15 minutes 25 Records 84,000 train movements 25,200 records 20 minutes 8,400 232.303: General Requirements—Track Brake Test 1,600,000 freight cars 5,600 tags 5 minutes 467 Location of Last Track Brake Test/Single Car Test 1,600,000 freight cars 320,000 stenciling 5 minutes 26,667 232.305: Single Car Tests 1,600,000 freight cars 320,000 tests/rcds 45 minutes 240,000 232.309: Equipment and Devices—Tests/Calibrations 640 shops 5,000 tests 30 minutes 2,500 232.403: Design Standards For One-way EOT Devices—Unique Code 245 railroads 12 requests 5 minutes 1 232.407: Operations Requiring 2-Way EOTs 245 railroads 50,000 commun 30 seconds 417 232.409: Inspection and Testing of 2-Way EOTs 245 railroads 450,000 commun 30 seconds 3,750 Testing Telemetry Equipment 245 railroads 32,708 markings 60 seconds 545 232.503: Process to Introduce New Brake System Technology—Special Approval 559 railroads 1 request/letter 60 minutes 1 Pre-Revenue Service Demonstration 559 railroads 1 request 3 hours 3 232.505: Pre-Revenue Service Acceptance Testing Plan: Maintenance Procedure—1st Year 559 railroads 1 procedure 160 hours 160 Subsequent Years 559 railroads 1 amendment 40 hours 40 Amendments 559 railroads 1 petition 67 hours 67 Design Descriptions—Petitions 559 railroads 1 report 13 hours 13 Results Pre-Revenue Service Acceptance Testing 559 railroads 5 descriptions 40 hours 200 Description of Brake Systems Technologies Previously Used in Revenue Service 232.603: ECP Requirements Brakes—Configuration Management Plans 4 railroads 1 plan 160 hours 160 Updated Plans in Subsequent Years 4 railroads 1 plan 160 hours 160 Modification of Standards—Requests 4 railroads 1 request + 4 copies 8 hours + 5 minutes 8 RR Statement Affirming Copy of Modification Request to Employee Reps. 4 railroads 4 statements + 24 copies 60 minutes + 5 minutes 6 Comments on Modification Request Public/Interested Parties 4 comments 2 hours 8 232.605: ECP Training Programs 4 railroads 4 programs 100 hours 400 Programs in Subsequent Years 4 railroads 2 programs 100 hours 200 ECP Trained Employees 4 railroads 6,409 empl. 8 hrs./24 hrs. 10,512 ECP Trained Employees—Subsequent Yr 4 railroads 6,409 empl. 1 hr./8 hrs. 30,264 ECP Trained Employees—Records 4 railroads 6,409 records 4 minutes 855 ECP Trained Employees—Sub. Records 4 railroads 6,409 records 4 minutes 428 RR/Contractor Assessment of ECP Training Programs—Amended Plans 4 railroads 4 amended plans 40 hours 160 232.607: ECP Trains Inspection/Testing 4 railroads 10,000 tests + 10,000 notices 90 minutes + 45 seconds 15,125 Notification to Locomotive Engineer: Cars Added en Route—Tests/Notifications 4 railroads 1,000 tests + 1,000 notices 60 minutes + 45 seconds 1,006 Non-ECP Cars Added—Inspections and Tagging of Defective Equipment 2000 Cars 200 insp. + 400 tags 5 minutes + 2.5 minutes 34 232.609: Handling of Defective Equipment w/ECP Brake Systems—Tagging 25 Cars 50 tags 2.5 minutes 2 Train in ECP Mode w/Less Than 85% of Cars w/Operative Brakes—Insp. + Tagging 20 Cars 20 insp. + 40 tags 5 minutes + 2.5 minutes 3 Freight Cars w/ECP Systems Found with Defective Non-Safety Appliance—Tagging 75 Cars 150 tags 2.5 minutes 6 Conventional Train Operating with ECP Stand Alone Brake Systems—Tagging 500 Cars 1,000 tags 2.5 minutes 42 Procedures for Handling ECP Brake System Repairs 4 railroads 4 procedures 24 hours 96 Submission to FRA of ECP Brake System Repair Locations—Lists 4 railroads 4 lists 8 hours 32 Notice to FRA of Change in List 4 railroads 1 notification 60 minutes 1 232.611: Periodic Maintenance Inspection and Repair of ECP Cars Before Release from Repair Shop or Track 500 freight Cars 500 inspection and records 10 minutes 83 Petitions for Special Approval of Pre-Revenue Service Acceptance Testing Plan AAR 1 petition + 2 copies 24 hours + 5 minutes 24 Single Car Brake Test on ECP Retrofitted Cars 2,500 freight Cars 2,500 tests/Records 45 minutes 1,875 Modification of Single Car Test Standard AAR 1 procedure 40 hours 40 Total Responses: 8,677,078. Total Estimated Total Annual Burden: 990,276 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 5, 2011 . Kimberly Coronel, Director, Office of Financial Management, Federal Railroad Administration. [FR Doc. 2011-20464 Filed 8-11-11; 8:45 am] BILLING CODE 4910-06-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-20464. Public record. Not legal advice.