# Proposed Agency Information Collection Activities; Comment Request

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-00221

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 9, 2013
- **Citation:** 78 FR 1930

## Text

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2013-0002-N-1]
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 (ICRs) 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 March 11, 2013.

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-____.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via email 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, 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 ICRs that FRA will submit for clearance by OMB as required under the PRA:

Title:
Passenger Equipment Safety Standards.

OMB Control Number:
2130-0544.

Abstract:
The information gained from daily inspections is used to detect and correct equipment problems so as to prevent collisions, derailments, and other occurrences involving railroad passenger equipment that cause injury or death to railroad employees, railroad passengers, or to the general public; and to mitigate the consequences of any such occurrences, to the extent that they cannot be prevented. The information provided promotes passenger train safety by ensuring requirements are met for railroad equipment design and performance; fire safety; emergency systems; the inspection, testing, and maintenance of passenger equipment; and other provisions for the safe operation of railroad passenger equipment.

Affected Public:
Businesses.

Respondent Universe:
27 railroads.

Frequency of Submission:
On occasion; annually.

Reporting Burden

CFR Section
Respondent universe
Total annual responses

Average time per
response

Total annual burden hours

229.47: Emergency Brake Valve—Stenciling Locomotives
27 railroads
30 stencillings
1 minute
1

Stenciling: DMU, MU, Cab Control Locomotives
27 railroads
5 stencillings
1 minute
.08

238.7 Waivers
27 railroads
5 waivers
2 hours
10

238.15: Movement of Passenger Equip. w/power brake defects: Limitations on movement found during Class I/IA Brake Test
27 railroads
1,000 tags/cards
3 minutes
50

Limitations on movement of passenger equip. in passenger service that becomes defective en route after Class I/IA brake test
27 railroads
288 tags/cards
3 minutes
14

Conditional Requirement: Notifications
27 railroads
144 Notifications
3 minutes
7

238.17: Movement of Passenger Equip. w/Other than Power Brake Defects: Defects Developed En Route
27 railroads
200 tags/cards
3 minutes
10

Special Requisites For Movement of Equipment w/Safety Appliance Defects
27 railroads
76 tags/cards
3 minutes
4

Notifications
22 railroads
38 notifications
30 seconds
.32

238.21: Special Approval Procedure: Petitions For Alternative Std.
27 railroads
1 petition
16 hours
16

Petitions For Alternative Compl.
27 railroads
1 petition
120 hours
120

238.21: Petitions For Special Approval of Pre-Revenue Service Acceptance Plan
27 railroads
10 petitions
40 hours
400

Comments
Public/RR Industry
4 comments
1 hour
4

238.103: Fire Safety: Fire Safety Analysis: New Railroads—New Equipment
2 New Railroads
2 fire safety analyses
150 hours
300

Existing Equipment: Fire Safety Analysis
27 railroads
1 analysis
40 hours
40

Equipment Transferred to New Service: Fire Safety Analysis
27 railroads
3 analyses
20 hours
60

238.107: Inspection, Testing, and Maintenance Plan: Annual Reviews
27 railroads
12 reviews
60 hours
720

238.109: Training, Qualification, and Designation Prog.—Training Employees Who Perform Mechanical Insp.
7,500 employees; 100 trainers
2,500 employees trained/100 instructors
1.33 hours
3,458

Recordkeeping
27 railroads
2,500 records
3 minutes
125

238.111: Pre-Revenue Service Acceptance Testing Plan: Equipment Previously Used in Revenue Service
9 equipment manufacturers
2 plans
16 hours
32

Equipment Not Previously Used in Revenue Service
9 equipment manufacturers
2 plans
192 hours
384

Subsequent Orders
9 equipment manufacturers
2 plans
60 hours
120

238.213: Corner Posts—Plan in lieu of meeting requirements of section (b) of this provision
27 railroads
10 plans
40 hours
400

238.229: Welded Safety Appliances—List identifying each piece of equipment w/a welded safety bracket/support
27 railroads
27 lists
60 minutes
27

List of passenger equipment placed into service prior to Jan. 1, 2007, with a welded safety appliance
27 railroads
27 lists
60 minutes
27

Tagging defective welded safety appliance
27 railroads
4 tags
3 minutes
20

Notification to crewmembers of movement of defective equipment
27 railroads
2 notifications
1 minutes
.0333

Written safety appliance inspection plan to FRA
27 railroads
27 plans
16 hours
432

Training of RR inspection personnel
27 railroads
54 tr. Employees
4 hours
216

Remedial action: Record
27 railroads
1 record
2.25 hour
2

Petition for Special Approval of Alternative Compliance pursuant to section 238.21
27 railroads
15 petitions
4 hours
60

Record of inspection/repair of welded safety appliance brackets/supports
27 railroads
3,054 records
12 minutes
611

238.230: Safety Appliances: New Equipment—Inspection/Record of welded safety appliance brackets/supports
27 railroads
100 records
6 minutes
10

Documentation to FRA of Other welded safety appliances & safety appliance brackets/supports
27 railroads
15 documents
4 hours
60

238.231: RR Procedure to secure unattended locomotive required to have a hand brake or parking brake applied
27 railroads
27 procedures
2 hours
54

238.237: Automated Monitoring—Documentation for setting alerter or deadman control
27 railroads
3 documents
2 hours
6

Tagging defective alerter or deadman control in locomotive cab
27 railroads
25 tags
3 minutes
1

238.303: Exterior Calendar Day Inspection of Equip.
27 railroads
25 notices
2 minutes
1

Defective Dynamic Brakes on MU Locomotive
27 railroads
50 tags/cards
3 minutes
3

Defective Dynamic Brakes on Conventional Locos
27 railroads
50 tags/cards
3 minutes
3

MU equipment with inoperative/or ineffective air compressor: documentation of train safety
27 railroads
4 documents
2 hours
8

Notice to train crew of number of units with inoperative or ineffective air compressors
27 railroads
100 notices
3 minutes
5

Record of inoperative or ineffective air compressor
27 railroads
100 records
2 minutes
3

Record of each exterior calendar day mechanical inspection
27 railroads
2,376,920 records
1 minute
435,769

238.305: Interior Calendar Day Mechanical Insp.: Tagging Req.
27 railroads
540 tags
1 minute
9

Inspection and Records
27 railroads
1,968,980 inspect/records
5 minutes + 1 minute
196,898

238.307: Periodic Mechanical Inspection of Pass. Cars: Notification of Alternative Intervals
27 railroads
2 notifications
5 hours
10

Non-Complying Conditions
27 railroads
200 notices
2 minutes
7

Inspections and Records of Insp.
27 railroads
19,284 inspections/records
200 hours + 2 minutes
3,857,443

Reliability Assessments Concerning Alt. Inspection Interval
27 railroads
5 documents
100 hours
500

238.311: Single Car Test: Movement to Nest Forward Location
27 railroads
50 tags
3 minutes
3

238.313: Class I Brake Test—Records
27 railroads
15,600 records
30 minutes
7,800

238.315: Class IA Brake Test
27 railroads
18,250 verbal notices
5 seconds
25

Communication Signal Tests
22 railroads
365,000 tests
15 seconds
1,521

238.317: Class II Brake Test: Communication Signal System Test
27 railroads
365,000 tests
15 seconds
1,521

238.321: Out-of-service credit
27 railroads
1,250 notations
2 minutes
42

238.445: Automated Monitoring
1 railroad
10,000 alerts/alarms
10 seconds
28

Self-Tests: Notific
1 railroad
21,900 notifications
20 seconds
122

238.503/505: FRA approval of written inspection, testing, and maintenance program for Tier II passenger equipment prior to implementation of program & use of equipment in passenger operation
27 railroads
1 program/plan
1,200 hours
1,200

Comments on program
Public/Interested Rail Parties
3 comments
3 hours
9

Total Responses:
5,151,727.

Estiamated Total Annual Burden:
4,510,711 hours.

Status:
Regular Review.

Title:
Designation of Qualified Persons.

OMB Control Number:
2130-0511.

Type of Request:
Extension of a currently approved collection.

Affected Public:
Businesses.

Form(s):
N/A.

Abstract:
The collection of information is used to prevent the unsafe movement of defective freight cars. Railroads are required to inspect freight cars for compliance and to determine restrictions on the movements of defective cars.

Annual Estimated Burden:
40 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 January 3, 2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad Administration.

[FR Doc. 2013-00221 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-06-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-00221. Public record. Not legal advice.
