# Proposed Agency Information Collection Activities; Comment Request > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-7463 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** April 1, 2011 - **Citation:** 76 FR 18294 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-7463. Public record. Not legal advice.