Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information Collection Activities; Comment

Request

Agency: Federal Railroad Administration, DOT.

Action: Notice.

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SUMMARY: On June 18, November 22, and November 29, 1996, the Federal

Railroad Administration (FRA) published final rules amending the

railroad accident reporting regulations at 49 CFR part 225. 61 FR

30940, 61 FR 59368, 61 FR 60632, respectively. In response to the final

rule published June 18, 1996, several railroads and railroad

associations filed petitions for reconsideration raising various

concerns with its contents and its implementation date of January 1,

1997. Some of those concerns were addressed by FRA in the November 22,

1996 Federal Register document (61 FR 59368). The other issues were

addressed in a document issued December 16, 1996 (FRA Docket No. RAR-4,

Notice No. 16), which will be published in the Federal Register on

December 23, 1996.

Four of the several rules to amend 49 CFR part 225 that were issued

on December 16, 1996, contain amendments to the approved information

collection activities, while one adds a new information collection

requirement. In accordance with the Paperwork Reduction Act of 1995

(PRA), Pub. L. No. 104-13, Section 2, 109 Stat. 163 (1995) (codified as

revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5

CFR Part 1320, the Federal Railroad Administration (FRA) is announcing

a 60-day comment period on these amendments. The information collection

requirements contained in the June 18, 1996, final rule were approved

by the Office of Management and Budget (OMB) under the PRA under OMB

control number 2130-0500. This approval expires on August 31, 1999.

Below are brief summaries of the five amendments to 49 CFR part 225

that constitute information collection activities that FRA will submit

for clearance by OMB as required by the PRA:

1. FRA is excepting from the requirements regarding an Internal

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Control Plan delineated in Sec. 225.33(a)(3) through (a)(10) the

following: (i) Railroads that operate or own track on the general

railroad system of transportation (general system) that have 15 or

fewer employees covered by the hours of service laws (49 U.S.C. 21101-

21107) and (ii) railroads that operate or own track exclusively off the

general system. However, these excepted railroads must adopt and comply

with the intimidation and harassment policies outlined in

Sec. 225.33(a)(1) and (2). FRA has developed model statements of policy

on intimidation and harassment to be posted by these excepted

railroads. FRA estimates that this requirement will affect

approximately 433 railroads. The only burden to be encountered by these

excepted railroads will be filling in certain information on the FRA-

prepared model policy statement and posting the completed statement. It

is estimated that this will take each railroad approximately one-half

hour to perform. This amendment will reduce the first year burden from

4,351 to 2,487 hours. In subsequent years the burden will be reduced

from 350 to 14 burden hours annually.

2. FRA is also excepting from the recordkeeping requirements

regarding accountable injuries and illnesses and accountable rail

equipment accidents/incidents found in Sec. 225.25(a) through (g) the

following railroads: (i) railroads that operate or own track on the

general system that have 15 or fewer employees covered by the hours of

service laws (49 U.S.C. 2110121107) and (ii) railroads that operate or

own track exclusively off the general system. FRA estimates that this

amendment will affect approximately 433 railroads. This amendment will

reduce the annual burden for this information collection requirement

from 15,554 to 15,054 hours.

3. Further, FRA is excepting railroads that operate or own track

exclusively off the general system from all the requirements of Part

225 to record or report injuries and illnesses incurred by all

classifications of persons that result from most non-train incidents.

(A small subcategory of non-train incidents involving in-service on-

track equipment must continue to be reported and recorded.) FRA

estimates that this amendment will affect approximately 115 railroads.

This amendment will reduce the annual burden for this information

collection requirement from 2,592 to 2,575 hours annually.

4. In order to minimize the burden of requiring the preparer's

signature on each and every monthly list of reportable injuries and

illnesses to be posted for each railroad's establishments, FRA is

amending Sec. 225.25(h)(12) so as to provide railroads with an

alternative to signing each establishment's monthly list. Specifically,

the preparer of the monthly list of reportable injuries and illnesses

for the railroad may instead sign a cover sheet or memorandum attaching

the monthly lists for each establishment for that railroad. The cover

sheet memorandum must list all the establishments that post the monthly

list of reportable injuries and illnesses and must be signed by the

preparer. This change will have minimal affect on the annual burden

associated with this information collection requirement and will not

reduce the time per monthly report or annual burden.

5. Finally, FRA is amending Sec. 225.25(h), by adding

Sec. 225.25(h)(15), to address any possible concerns with privacy

rights of the employee by providing that the railroad is permitted not

to post information on an injury or illness reported to FRA, if the

employee who incurred the injury or illness makes a request in writing

to the railroad's reporting officer that his or her particular injury

or illness not be posted. It is estimated that approximately 25

employees will make this request annually. FRA estimates that it will

take a combined total of 30 minutes for the employee to prepare and

forward the letter to the reporting officer and an additional 30

minutes will be required for administrative purposes by the reporting

officer to make sure the injury or illness in question does not get

posted. The total burden for this requirement per case is one hour. The

annual burden for this information collection requirement is 25 hours.

DATES: Comments must be received no later than February 24, 1997.

ADDRESSES: Submit written comments on any or all of the foregoing

proposed activities by mail to either: Ms. Gloria Swanson, Office of

Planning and Evaluation Division, RRS-21, Federal Railroad

Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, or

Ms. MaryAnn Johnson, Office of Information Technology and Productivity

Improvement, RAD-20, Federal Railroad Administration, 400 Seventh

Street, S.W., Washington, D.C. 20590. Commenters requesting FRA to

acknowledge receipt of their respective comments must include a self-

addressed stamped postcard stating, ``Comments on OMB control number

2150-0500.'' Alternatively, comments may be transmitted via facsimile

to (202) 632-3843 or (202) 632-3876 or by E-mail to Ms. Swanson at

[email protected] or to Ms. Johnson at

[email protected]. Please refer to the assigned OMB control

number 2130-0500 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: Ms. Gloria Swanson, Office of Planning

and Evaluation Division, RRS-21, Federal Railroad Administration, 400

Seventh Street, S.W., Washington, D.C. 20590 (telephone: (202) 632-

3318) or Ms. MaryAnn Johnson, Office of Information Technology and

Productivity Improvement, RAD-20, Federal Railroad Administration, 400

Seventh Street, S.W., Washington, D.C. 20590 (telephone: (202) 632-

3226). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 and its

implementing regulations 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

foregoing summary of proposed information collection activities

regarding the following issues: (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 and that

comments received will advance three objectives: (i) Reduce reporting

burdens; (ii) ensure that the agency organizes information

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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.

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, D.C. on December 18, 1996.

Al Duncan,

Director, Office of Information Technology and Productivity

Improvement, Federal Railroad Administration.

[FR Doc. 96-32666 Filed 12-23-96; 8:45 am]

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