Notice and Request for Comments

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice and Request for Comments

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice announces that the Information

Collection Requirement (ICR) abstracted below has been forwarded to the

Office of Management and Budget (OMB) for review and comment. The ICR

describes the nature of the information collection and its expected

burden. The Federal Register notice with a 60-day comment period

soliciting comments on the following collection of information was

published on March 18, 1999 (64 FR 13465).

DATES: Comments must be submitted on or before June 21, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,

Planning and Evaluation Division, RRS-21, Federal Railroad

Administration, 1120 Vermont Ave., N.W., Mail Stop 17, Washington, D.C.

20590 (telephone: (202) 493-6292), or Ms. Dian Deal, Office of

Information Technology and Productivity Improvement, RAD-20, Federal

Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 35,

Washington, D.C. 20590 (telephone: (202) 493-6133). (These telephone

numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),

Pub. L. 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, require Federal agencies to issue two notices seeking public

comment on information collection activities before OMB may approve

paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),

1320.12. FRA received no comments after issuing the 60-day notice

referenced earlier. Accordingly, DOT announces that these information

collection activities have been reevaluated and certified under 5 CFR

1320.5(a) and forwarded to OMB for review and approval pursuant to 5

CFR 1320.12(c).

Before OMB decides whether to approve these proposed collections of

information, it must provide 30 days for public comment. 44 U.S.C.

3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or

disapprove paperwork packages between 30 and 60 days after the 30 day

notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also

60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice

informs the regulated community to file relevant comments and affords

the agency adequate time to digest public comments before it renders a

decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should

submit their respective comments to OMB within 30 days of publication

to best ensure having their full effect. 5 CFR 1320.12(c); see also 60

FR 44983, Aug. 29, 1995.

The summaries below describe the nature of the information

collection requirements (ICRs) and the expected burden. The revised

requirements and one additional requirement are being submitted for

clearance by OMB as required by the PRA.

Title: Railroad Worker Protection (49 CFR 214).

OMB Control Number: 2130-0539.

Type of Request: Extension of a currently approved collection.

Affected Public: Railroads.

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

[[Page 27617]]

program adopted by each railroad is subject to review and approval by

FRA.

Annual Estimated Burden Hours: FRA estimates that the revised hours

for these ICRs is 585,101. This is a decrease of 82,473 hours from the

previous total of 667,574 hours. A significant portion of this

reduction is a result of railroads fulfilling the one-time requirement

in establishing on-track safety programs. The revised burden hour

estimate does consider railroads amending their original on-track

safety programs and the start-up of new railroads. Excursion and

tourist railroads that do not operate on the general rail system of

transportation are exempted by FRA from complying with this regulation.

Addressee: Send comments regarding this information collection to

the Office of Information and Regulatory Affairs, Office of Management

and Budget, 725 Seventeenth Street, N.W., Washington, D.C., 20503,

Attention: FRA Desk Officer.

Comments are invited on the following: Whether the proposed

collection of information is necessary for the proper performance of

the functions of the Department, including whether the information will

have practical utility; the accuracy of the Department's estimate of

the burden of the proposed information collection; ways to enhance the

quality, utility, and clarity of the information to be collected; and

ways to minimize the burden of the collection of information on

respondents, including the use of automated collection techniques or

other forms of information technology.

A comment to OMB is best assured of having its full effect if OMB

receives it within 30 days of publication of this notice in the Federal

Register.

Authority: 44 U.S.C. Secs. 3501-3520.

Issued in Washington, D.C. on May 14, 1999.

Marie S. Savoy,

Director, Office of Information Technology and Support Systems, Federal

Railroad Administration

[FR Doc. 99-12657 Filed 5-19-99; 8:45 am]

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