Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2011-001-N-4]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation.

ACTION:

Notice and request for comments.

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 May 31, 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 __ .” 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 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kimberly Toone, Office of Information Technology, 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), 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 are brief summaries of three currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

OMB Control Number:

2130-0035.

Type of Request:

Extension of a currently approved collection.

Affected Public:

Businesses.

Form Number(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. Through these rules, FRA learns the condition of operating rules and practices with respect to trains and instructions provided by the railroad to their employees in operating practices.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per

response

Total annual burden hours

217.7—Copy—FRA—Operating rules, timetables, Class I & II RRs

1 new railroad

1 submission

1 hour

1

—Amendments

55 railroads

165 amendments

20 Minutes

55

—Copy of operating rules—Class III

20 new railroads

20 submissions

55 Minutes

18

—Amendments

632 railroads

1,896 amendments

15 Minutes

474

217.9—Railroad and Railroad Testing Officer Responsibilities

687 railroads

4,732 field trained officers/training sessions

8 hours

37,856

—Records

687 railroads

4,732 records

2 minutes

158

Copy—Prog. for Perf. of Operational Tests

20 new railroads

20 Programs

9.92 hours

198

—Records of Operational Tests/Inspections

687 railroads

9,180,000 records

5 minutes

765,000

—Amendments

55 railroads

165 amendments

1.92 hours

317

—Quarterly Review of Accident/Incident Data/Prior Op. Tests/Insp

687 railroads

148 reviews

1 hour

148

—Designated Officers & Conduct of 6 Mo. Rev

687 railroads

37 designations + 74 reviews

5 seconds + 1 hour

74

—Designated Officers & Conduct of Six Month Review by Passenger/Commuter Railroads

687 railroads

20 designations + 34 reviews

5 seconds + 1 hour

34

—Records of Periodic Reviews

687 railroads

589 review records

1 minute

10

—Annual Summary on Operational Tests/Insp

687 railroads

37 summary records

61 minutes

38

—FRA Disapproval of RR Program of Operational Tests/Insp. & Response by RR

687 railroads

20 supporting documents

1 hour

20

—Amended Prog. Docs.

687 railroads

20 amended documents

30 minutes

10

271.11—Instruction of Program Employees

687 railroads

130,000 instr. employees

8 hours

1,040,000

—New RR & Copy of Program of Op. Tests

20 new railroads

20 Programs

8 hours

160

—Amendments to Op. Rules Instr. Program

687 railroads

220 amendments

55 minutes

202

218.95—Instruction, Training, Examination—Records

687 railroads

98,000 records

5 minutes

8,167

—Response to FRA Disapproval of Program

687 railroads

50 written/oral submissions

1 hour

50

—Programs Needing Amendment

687 railroads

20 amended programs

30 minutes

10

218.97—Written Procedures on Good Faith Challenges by Employees Re: Actions

687 railroads

687 written procedures

2 hours

1,374

—Employee Copy of Written Procedures

687 railroads

130,000 copies

6 minutes

13,000

—Employee Copy of Amended Procedures

687 railroads

130,000 copies

3 minutes

6,500

—Good Faith Challenges by RR Employees

98,000 RR Employees

15 challenges

10 minutes

3

—RR Responses to Empl. Challenge

687 railroads

15 responses

5 minutes

1

—Immediate Review of Employee Challenge

687 railroads

5 immediate reviews

15 minutes

1

—RR Officer Explanation of Federal Law Protection Against Retaliation

687 railroads

5 explanations

1 minute

.08

—Documented Protest by RR Employee

687 railroads

10 written protests

15 minutes

3

—Copies of Protests

687 railroads

10 protest copies

1 minute

.17

—Further Reviews

687 railroads

3 further reviews

15 minutes

1

—Written Verification Decision to Employee

687 railroads

10 verification decisions

10 minutes

2

—Copy of Written Procedures at RR Hdtrs

687 railroads

760 copies of procedures

5 minutes

63 hours

—Copy of Verification Decision at RR Headquarters & Division Headquarters

687 railroads

20 verification decision copies

5 minutes

2

218.99—Shoving or Pushing Movements:

—Operating Rule Modifications

687 railroads

687 rule modifications

1 hour

687

—Locomotive Engineer Job Briefing Before Movement

100,000 RR Employees

60,000 job briefings

1 minute

1,000

—Point Protection Determinations & Signals/Instructions to Control Movements

100,000 RR Employees

87,600,000 determinations + 87,600,000 signals/instructions

1 minute + 1 minute

2,920,000

—Remote Control Movements-Verbal Confirmation

100,000 RR Employees

876,000 confirmations

1 minute

14,600

—Remote Control Determinations That Zone Is Not Jointly Occupied/Track Clear

100,000 RR Employees

876,000 determinations

1 minute

14,600

—Dispatcher Authorized Train Movements

6,000 RR Dispatchers

30,000 auth. movements

1 minute

500

—Written Procedures to Determine Track Occupancy

687 railroads

41 written procedures

30 minutes

21

—Track Location—Designation

687 railroads

41 track designations

30 minutes

21

218.101—Operating Rule Re: Leaving Rolling & On-Track MOW Equipment in the Clear

687 railroads

687 amended op. rules

30 minutes

344

218.103—Hand-Operated Switches—RR Operating Rule That Complies with 218.103

687 railroads

687 modified operating rules

1 hour

687

—Specification of Minimum Job Briefing Requirements

687 railroads

632 modified op. rules

30 minutes

316

—Employee Operating or Verifying Position of Hand-operated Switches: Job Briefings

687 railroads

1,125,000 job briefings

1 minute

18,750

218.105—Additional Requirements for Hand Operated Main Track Switches—Job Briefing

687 railroads

60,000 job briefings

1 minute

1,000

—Roadway Worker Report on Position of Switches to Roadway Worker in Charge (RWIC) or Designated Employee Conveying Information to RWIC

687 railroads

100,000 empl. reports + 100,000 conveyances

1 minute + 1 minute

3,334

—Dispatcher Acknowledgment of Switch Position and Employee Confirmation to Train Dispatcher

687 railroads

60,000 acknowledgment + 60,000 confirmations

30 seconds + 5 seconds

583

218.109—Hand Operated Fixed Derails: Job Briefings

687 railroads

562,500 hours

30 seconds

4,688

Total Estimated Responses:

188,794,835.

Total Estimated Annual Burden:

4,855,081 hours.

Status:

Regular Review.

Title:

Roadway Worker Protection.

OMB Control Number:

2130-0539.

Abstract:

This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers' responsibilities, as well as employees' rights and responsibilities thereto; well- defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA.

Form Number(s):

FRA 6180.119.

Affected Public:

Businesses.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per

response

Total annual burden hours

Form FRA F 6180.119

350 Safety Inspectors

150 report forms

4 hours

600

—RR Workplace Safety Violation Report Form

214303/309—On-Track Safety Programs

—Amendments to Program

60 railroads + 584 railroads

20 amended programs + 584 amended prog.

20 hours; 4 hours

2,736

—Subsequent Years: New Programs

5 railroads

5 safety programs

250 hours

1,250

214.313—Roadway Worker Challenge to Directive

20 railroads

80 challenges

4 hours

320

214.315/335—Supervision and Communication—Job Briefings

50,000 Roadway Workers

16,350,000 briefings

2 minutes

545,000

214.321—Exclusive Track Occupancy: Written Authorities

8,583 Employees/Roadway Workers

700,739 written authorities

1 minute

11,679

214.325—Train Coordination: Roadway Worker Communication with Train Crew

50,000 Roadway Workers

36,500 communications

15 seconds

152

214.327—Inaccessible Track: Establishment and Direction by Roadway Worker in Charge

703 railroads

50,000 occurrences

10 minutes

8,333

214.337—On-Track Safety for Lone Workers

703 railroads

2,080,000 statements

30 seconds

17,333

—Written Statement of On-Track Safety by Lone Worker

214.343/345347/349/351/353/355—Training

50,000 Roadway Workers

50,000 trained employees

4.50 hours

225,000

—Training Records

50,000 Roadway Workers

50,000 records

2 minutes

1,667

214.503—Good Faith Challenges—Notification

50,000 Roadway Workers

125 notifications

10 minutes

21

—Resolution Procedures

644 railroads

10 procedures

2 hours

20

214.505—List of New/Designated Existing On-Track Roadway Maintenance Machines Conforming with Paragraph (a) of This Section

644 railroads

9 lists

1 hour

9

214.507—Built Light Weight Displayed on Each New Roadway Maintenance Machine (RMM)

644 railroads

1,000 stickers/stencils

5 minutes

83

214.511—Clearly Identifiable Horn Triggering Mechanism on Each New RMM

644 railroads

3,700 identified mechanisms

5 minutes

308

214.513—Clearly Identifiable Horn Triggering Mechanism on Each Existing RMM

703 railroads

200 identified mechanisms

5 minutes

17

214.515—Overhead Covers for Existing RMMs—Requests and RR Responses

644 railroads

500 employee requests + 500 RR responses

10 minutes + 20 minutes

250

214.517—Display of Light Weight on Existing RMMs

644 railroads

500 stencils/displays

5 minutes

42

214.518—Safe and Secure Position on On- Track RMMs—Clearly Identified

644 railroads

1,000 stencils/marks/notices

5 minutes

83

214.523-Hi-Rail Vehicles—Inspections and Records

644 railroads

2,000 inspections/records

1 hour

2,000

—Tagging and Reporting Non-compliant Conditions

644 railroads

500 tags + 500 reports

10 minutes + 15 minutes

208

214.527—On-Track RMMs—Tagging and Reporting of Non-complying Conditions

644 railroads

550 tags + 550 reports

5 minutes + 15 minutes

184

214.533—Schedule of Repairs for Hi-Rail Vehicles and RMMs—Compliance Records

644 railroads

250 records

15 minutes

63

Total Estimated Responses:

19,329,972.

Total Estimated Annual Burden:

817,358 hours.

Status:

Regular Review.

OMB Control Number:

2130-0552.

Title:

Locomotive Cab Sanitation Standards.

Type of Request:

Extension of a currently approved collection.

Affected Public:

Businesses.

Form Number(s):

N/A.

Abstract:

The collection of information is used by FRA to promote rail safety and the health of railroad workers by ensuring that all locomotive crew members have access to toilet/sanitary facilities—on as needed basis—which are functioning and hygienic. Also, the collection of information is used by FRA to ensure that railroads repair defective locomotive toilet/sanitary facilities within 10 calendar days of the date on which these units becomes defective.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per

response

Total annual burden hours

229.137(d)—Defective Locomotive Toilet Facility—Tagging

744 railroads

11,700 tags/notices

90 seconds

293

229.137(e) Defective But Sanitary Locomotive Toilet Facility—Tagging

744 railroads

7,956 tags/notices

90 seconds

199

229.137(f) Switching or Transfer Service—Defective Locomotive Toilet Facility—Notation on Daily Inspection Report

744 railroads

93,600 notations

30 seconds

780

Total Estimated Responses:

113,256.

Total Estimated Annual Burden:

1,272 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 March 25, 2011.

Kimberly Coronel,

Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. 2011-7463 Filed 3-31-11; 8:45 am]

BILLING CODE 4910-06-P