Proposed Agency Information Collection Activities; Comment Request

Federal RegisterFeb 26, 2008

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration, DOT.

ACTION:

Notice.

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 April 28, 2008.

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. Gina Christodoulou, Office of Support Systems Staff, RAD-43, 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 e-mail to Mr. Brogan at

robert.brogan@dot.gov

, or to Ms. Christodoulou at:

gina.christodoulou@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. Gina Christodoulou, Office of Support Systems Staff, RAD-43, Federal Railroad Administration, 1200 New Jersey Ave., SE., 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 No. 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:

Railroad Locomotive Safety Standards and Event Recorder.

OMB Control Number:

2130-0004.

Abstract:

The Locomotive Inspection requires railroads to inspect, repair, and maintain locomotives and event recorders so that they are safe, free of defects, and can be placed in service without peril to life. Crashworthy locomotive event recorders provide FRA with verifiable factual information about how trains are maintained and operated, and are used by FRA and State inspectors for Part 229 rule enforcement. The information garnered from crashworthy event recorders is also used by railroads to monitor railroad operations and by railroad employees (locomotive engineers, train crews, dispatchers) to improve train handling, and promote the safe and efficient operation of trains throughout the country, based on a surer knowledge of different control inputs.

Affected Public:

Businesses.

Respondent Universe:

744 Railroads.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

Respondent universe

Total annual responses

Average time per response

Total annual burden hours

Total annual burden cost

229.9—Movement of Non-Complying Locomotives

744 Railroads

21,000 tags

1 minute

350

$12,950

229.17—Accident Reports

744 Railroads

1 report

15 minutes

.25

11

229.21—Daily Inspection

744 Railroads

5,655,000 rcds

1 or 3 minutes

189,583

8,341,652

—MU Locomotives: Written Reports

744 Railroads

250 reports

3 minutes

13

572

Form FRA F 6180.49A Locomotive Insp/Repair Rcd

744 Railroads

7,250 forms

2 minutes

242

8,954

210.31—Locomotive Noise Emission Test

744 Railroads

100 tests/remarks

15 minutes

25

925

229.23/229.27/229.29/229.31—Periodic Inspection/Annual Biennial Tests/Main Res. Tests

744 Railroads

87,000 tests

8 hours

696,000

25,752,000

229.33—Out-of Use Credit

744 Railroads

500 notations

5 minutes

42

1,554

229.25(1)—Test: Every Periodic Insp.—Written Copies of Instruction

744 Railroads

200 amendments

15 minutes

50

1,700

229.25(2)—Duty Verification Readout Record

744 Railroads

4,025 records

90 minutes

6,038

181,140

229.25(3)—Pre-Maintenance Test—Failures

744 Railroads

700 notations

30 minutes

350

10,500

229.135(A.)—Removal From Service

744 Railroads

1,000 tags

1 minute

17

629

229.135(B.)—Preserving Accident Data

744 Railroads

2,800 reports

15 minutes

700

23,800

New Requirements

229.27—Annual Tests

744 Railroads

700 test records

90 minutes

1,050

31,500

229.135(b)(1) & (2)—Equipment Rqmnts—Mag Tape Replacements

744 Railroads

850 Cert. Mem Modules

2 hours + 200 hours

1,900

1,500

229.135(b)(3)—Equipment Rqmnts—Lead Locomotives

744 Railroads

600 Cert. Mem Modules

2 hours

1,200

1,500

229.135(b)(4)—Equipment Rqmnts—MU Locomotives

744 Railroads

255 Cert. Mem Modules

2 hours

510

1,500

229.135(b)(5)—Equipment Rqmnts—Other Locomotives

744 Railroads

1,000 Cert. Mem Modules

2 hours

2,000

1,500

Total Responses:

5,783,231.

Estimated Total Annual Burden:

900,070 hours.

Form(s):

FRA F 6180.49A.

Status:

Regular Review.

Title:

Qualifications For Locomotive Engineers.

OMB Control Number:

2130-0533.

Abstract:

Section 4 of the Rail Safety Improvement Act of 1988 (RSIA), Public Law 100-342, 102 Stat. 624 (June 22, 1988), later amended and re-codified by Public Law 103-272, 108 Stat. 874 (July 5, 1994), required that FRA issue regulations to establish any necessary program for certifying or licensing locomotive engineers. The collection of information is used by FRA to ensure that railroads employ and properly train qualified individuals as locomotive engineers and designated supervisors of locomotive engineers. The collection of information is also used by FRA to verify that railroads have established required certification programs for locomotive engineers and that these programs fully conform to the standards specified in the regulation.

Affected Public:

Businesses.

Respondent Universe:

744 railroads.

Frequency of Submission:

On occasion; annually; tri-annually.

Reporting Burden:

CFR section

Respondent

universe

Total annual

responses

Average time per response

Total annual burden hours

Total annual burden cost

240.9—Waivers

744 railroads

3 waivers

1 hour

3

$114

240.11—Certific. Programs

744 railroads

50 amend. prog

1 hour

50

1,900

New Cert. Prog

20 New railroads

20 cert. programs

40 hours

800

30,400

Final Review

20 railroads

20 reviews

1 hour

20

760

Material Changes to Cert. Program

744 railroads

30 modified programs

45 minutes

23

874

240.105(a)—Selection Criteria for DSLEs—Rpts

744 railroads

5 amendments

1 hour

5

190

(b) Approval Plan—Amendments

744 railroads

5 amendments

1 hour

5

190

240.109—Candidate's written comments on prior safety data

13,333 candidates

25 responses

60 minutes

25

1,175

240.111/App C—Driver's License Data

13,333 candidates

13,333 requests

15 minutes

3,333

156,651

—NDR Match—notifications and requests for data

744 railroads

133 responses + 133 requests

15 minutes

67

2,848

—Written response from candidate on driver's lic. data

744 railroads

20 cases and comments

15 minutes

5

235

240.111(g)—Notice to RR of Absence of License

40,000 candidates

4 letters

15 minutes

1

47

240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op

744 railroads

200 phone calls

10 minutes

33

1,551

240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR

13,333 candidates

267 requests + 267 responses

15 min./30 min

200

8,203

240.119—Self-referral to EAP re: active substance abuse disorder

40,000 locomotive engineers

50 self-referrals

5 minutes

4

188

240.121—Criteria—Vision/Hearing; Acuity Data—New Railroads

20 railroads

20 copies

15 minutes

5

190

240.121—Criteria—Vision/Hearing; Acuity Data—Cond. Certification

744 railroads

20 reports

1 hour

20

760

240.121—Criteria—Vision/Hearing; Acuity Data—Not Meeting Standards

744 railroads

10 notifications

15 minutes

3

141

240.201/221—List of Certified Loco. Engineers

744 railroads

744 updates

15 minutes

186

7,068

240.201/221—List of Qualified DSLEs

744 railroads

744 updated lists

15 minutes

186

7,068

240.201/223/301—Loco. Engineers Certificate

40,000 candidates

13,333 certificates

5 minutes

1,111

42,218

240.201/223—List of Auth Empl

744 railroads

5 lists

15 minutes

1

38

240.205—Data to EAP Counselor

744 railroads

133 records

5 minutes

11

517

240.207—Medical Certificate

40,000 candidates

13,333 certificates

70 minutes

15,555

1,711,050

—Written determinations waiving use of corrective device

744 railroads

10 determinations

2 hours

20

2,200

240.219—Denial of Certification

13,333 candidates

30 letters +30 responses

1 hour

60

2,550

—Notification

744 railroads

30 notifications

1 hour

30

1,140

240. 229—Requirements For Joint Operations

321 railroads

184 calls

5 minutes

15

705

240.309—RR Oversight Resp.: Poor Safety Conduct—Noted

15 railroads

6 annotations

15 minutes

2

98

Testing Rqmnts

240.209/213—Written Tests

40,000 candidates

13,333 tests

2 hours

26,666

1,013,308

240.211/213—Perf. Test

40,000 candidates

13,333 tests

2 hours

26,666

1,013,308

240.303—Annual operational monitor observation

40,000 candidates

40,000 tests/docs.

2 hours

80,000

3,920,000

240.303—Annual operating rules compliance test

40,000 candidates

40,000 tests

1 hour

40,000

1,960,000

Recordkeeping

240.215—Retaining Info. Supporting Determination

744 railroads

13,333 records

30 minutes

6,667

253,346

240.305—Engineer's Notice of Non-Qualific

40,400 engineers or candidates

100 notifications

5 minutes

8

376

—Relaying Non-qual. Status to other certifying railroad

800 engineers

2 letters

30 minutes

1

47

240.307—Notice to Engineer of Disqualification

744 railroads

650 letters

1 hour

650

24,700

240.309—Railroad Annual Review

28 railroads

28 reviews

40 hours

1,120

71,680

—Report of findings

28 railroads

6 reports

1 hour

6

384

Total Responses:

163,997.

Estimated Total Annual Burden:

203,568 hours.

Status:

Regular Review.

Title:

Railroad Worker Protection.

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

CFR section

Respondent

universe

Total annual

responses

Average time per response

Total annual burden hours

Total annual burden cost

Form FRA F 6180.199—Part 214 Railroad Workplace Safety Violation Report Form

350 Safety Inspectors

200 forms

4 hours

800

$28,800

214.311—Written Procedure of Challenges Made to On-Track Safety Procedures—Program Amendments

744 Railroads

20 amend./584 prog. amend

20 hours/4 hours

2,736

103,968

—Subsequent Years: Safety Programs

5 Railroads

5 safety prog

250 hours

1,250

47,500

214.313—Responsibility of Individual Roadway Workers—Good Faith Challenges

20 Railroads

80 challenges

4 hours

320

11,520

214.315/335—Supervision and Communication Job Briefings

50,000 Roadway Empl

16,350,000 brf

2 minutes

545

19,620,000

214.321—Exclusive Track Occupancy—Working Limits—Written Authorities

85,853 Roadway Workers

700,739 auth

40 seconds

7,786

280,296

214.325—Train Coordination—Communications

50,000 Roadway Workers

36,500 comm

15 seconds

152

55,472

214.327—Inaccessible Track—Establishing Working Limits

50,000 Roadway Workers

50,000 Occurrences

10 minutes

8,333

299,988

214.337—On-Track Safety Procedures for Lone Workers: Train Detection—Written Statements

744 Railroads

2,080,000 stat

30 seconds

17,333

623,988

214.355—Training and Qualification for Operators of Roadway Maintenance Machines

50,000 Roadway Workers

50,000 records

2 minutes

1,667

63,346

214.503—Good Faith Challenges; Procedures for Notification and Resolution

50,000 Roadway Workers

125 notific

10 minutes

21 hours

756

—Resolution Procedures

744 Railroads

10 procedures

2 hours

20 hours

760

214.505—Req'd Environmental Control and Protection Systems For New On-Line Roadway Maintenance Machines with Enclosed Cabs

744 Railroads

9 lists

1 hour

9 hours

342

214.507—Required Safety Equipment for New On-Track Roadway Maint. Machines—Stickers

744 Railroads

1,000 stickers

5 minutes

83

2,988

214.511—Req'd Audible Warning Devices—Roadway Maintenance Machines—I.D

744 Railroads

3,700 devices

5 minutes

308

11,088

214.513—Retrofitting Existing On-track RMM

744 Railroads

2,300 Identific

5 minutes

192

6,912

214.515—Overhead Covers For Existing On-Track Roadway Maintenance Machines (RMM)

744 Railroads

500 requests + 500 responses

10 min. + 20 min

250

9,334

214.517—Retrofitting of Existing On-Track RMM Manufactured After 1991

744 Railroads

6,000 stencils

5 minutes

500

18,000

214.518—Safe and secure positions for riders

744 Railroads

7,500 markings

5 minutes

625

22,500

214.523—Hi-Rail Vehicles—Inspections—Rcds

744 Railroads

2,000 recds

60 minutes

2,000

72,000

—Non-Complying Conditions—Tags + Reports

744 Railroads

500 tags + 500 reports

10 min. + 15 min

208

7,488

214.527—On-Track RMM; Inspection for Compliance; Repair Schedules—Tags + Reports

744 Railroads

550 tags + 550 reports

5 min. + 15 min

184

6,624

214.533—Schedule of Repairs; Subject to Availability of Parts—Records

744 Railroads

250 records

15 minutes

63

2,394

Total Responses:

19,294,122

Estimated Total Annual Burden:

589,840 hours.

Form(s):

FRA F 6180.119.

Status:

Regular Review.

Title:

Locomotive Cab Sanitation Standards.

OMB Control Number:

2130-0552.

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.

Affected Public:

Businesses.

Respondent Universe:

Railroads.

Reporting Burden:

CFR section

Respondent

universe

Total annual

responses

Average time per

response

Total annual

burden hours

Total annual

burden cost

229.137(d)—Sanitation—Locomotive Defective or Unsanitary Toilet Facility Placed in Trailing Service—Clear Markings: Unavailable For Use

744 Railroads

7,800 notices

90 seconds

195

$6,435

229.137(e)—Sanitation—Locomotive Defective Toilet Facility—Clear Markings: Unavailable For Use

744 Railroads

5,200 notices

90 seconds

130

4,290

229.139(d)—Servicing—Locomotive Used in Transfer or Switching Service with Defective Toilet Facility—Date Defective

744 Railroads

93,600 notations

30 seconds

780

25,740

Total Responses:

106,600.

Estimated Total Annual Burden:

1,105 hours.

Status:

Regular Review.

Title:

Positive Train Control.

OMB Control Number:

2130-0553.

Abstract:

The collection of information is used by FRA to ensure that new or novel signal and train control technologies, essentially electronic or processor-based systems, meet the “performance standard” stipulated in FRA's final rule and work as intended in the U.S. rail environment. These new signal and train control technologies are known as “Positive Train Control” (PTC).

Affected Public:

Businesses.

Respondent Universe:

Railroads.

Reporting Burden:

CFR section

Respondent

universe

Total annual

responses

Average time per response

Total annual burden hours

Total annual burden cost

234.275—Processor-Based Systems—Deviations from Product Safety Plan (PSP)—Letters

85 Railroads

25 letters

4 hours

100

$3,800

236.18—Software Management Control Plan

85 Railroads

45 plans

100 hours

4,500

297,000

236.905—Railroad Safety Program Plan (RSPP)

85 Railroads

15 plans

250 hours

3,750

153,000

—Response to FRA Request For Add'l Information

85 Railroads

2 documents

8 hours

16

608

—FRA Approval of RSPP Modifications

85 Railroads

5 amendments

60 hours

300

13,080

236.907—Product Safety Plan (PSP)—Development

85 Railroads

30 plans

240 hours

7,200

900,000

236.909—Minimum Performance Standard

85 Railroads

7 petitions

8 hours

56

3,696

—Petitions For Review and Approval

—Performance of Full Risk Assessment

85 Railroads

5 assessments

3,000 hours

15,000

1,875,000

—Subsequent Years—Full Risk Assessment

85 Railroads

7 assessments

1,200 hours

8,400

1,050,000

—Abbreviated Risk Assessment

85 Railroads

25 assessments

240 hours

6,000

750,000

—Subsequent Years—Abbrev. Risk Assessment

85 Railroads

10 assessments

60 hours

600

75,000

Alternative Risk Assessment

85 Railroads

5 assessments

3,000 hours

15,000

1,875,000

236.911—Exclusions—Notification to FRA

85 Railroads

20 notifications

80 hours

1,600

60,800

—Election to Have Excluded Products Covered By Submitting a Product Safety Plan (PSP)

85 Railroads

2 plans

240 hours

480

18,240

236.913—Notification/Submission to FRA of Joint Product Safety Plan

85 Railroads

5 notices/plans

240 hours

1,200

45,600

—Petitions For Approval/Informational Filings

85 Railroads

32 petitions

40 hours

1,280

48,640

—Responses to FRA Request for Further Info. After Informational Filing

85 Railroads

20 documents

40 hours

800

30,400

—Responses to FRA Request for Further Info. After Agency Receipt of Notice of Product Development—Technical Consultations

85 Railroads

5 consultations

120 hours

600

75,000

—Petitions for Final Approval

85 Railroads

20 petitions

40 hours

800

30,400

—FRA Receipt of Petition & Request For Info

85 Railroads

10 documents

80 hours

800

30,400

—Agency Consultations To Decide on Petition

85 Railroads

10 consultations

40 hours

400

15,200

—Other Petitions for Approval

85 Railroads

5 petitions

60 hours

300

11,400

—FRA acknowledges receipt of petitions

85 Railroads

10 documents

40 hours

400

15,200

236.913 Petitions for Approval/Informational Filings—Comments

Public/RR Community

10 comments

8 hours

80

2,960

Product Safety Plan (PSP)—3rd Party Assessment

85 Railroads

3 assessments

4,000 hours

12,000

1,500,000

Product Safety Plan—Amendments

85 Railroads

15 amendments

40 hours

600

22,200

236.917—Retention of Records

85 Railroads

22 documents

40 hours

880

33,440

Report of Inconsistencies with PSP to FRA

85 Railroads

40 reports

20 hours

800

30,400

236.919—Operations & Maintenance Manual

85 Railroads

30 manuals

120 hours

3,600

136,800

—Plans For Proper Maintenance, Repair, Inspection of Safety-Critical Products

85 Railroads

30 plans

200 hours

6,000

228,000

—Hardware/Software/Firmware Revisions

85 Railroads

5 revisions

40 hours

200

7,600

—Identification of Safety-Critical Components

85 Railroads

10,000 markings

10 minutes

1,667

51,667

236.921—Training

85 Railroads

30 Training Prog

400 hours

12,000

456,000

—Training of Signalmen & Dispatchers

85 Railroads

220 sessions

40 hours/20 hrs

8,400

1,050,000

236.923—Task Analysis/Basic Reqmnts—Recds

85 Railroads

4,400 records

10 minutes

733

27,854

Total Responses:

15,145.

Estimated Total Annual Burden:

117,342 hours.

Status:

Regular Review.

Title:

Post-Traumatic Stress in Train Crew Members After a Critical Incident.

OMB Control Number:

2130-0567.

Abstract:

Nearly 1,000 fatalities occur every year in this country from trains striking motor vehicles at grade crossings and individual trespassers along the track. These events can be very traumatic to train crew members, who invariably are powerless to prevent such collisions. Exposure of train crews to such work-related traumas can cause extreme stress and result in safety-impairing behaviors, such as are seen in Post-Traumatic Stress Disorder or Acute Stress Disorder. Most railroads have Critical Incident Stress Debriefing (CISD) intervention programs designed to mitigate problems caused by exposure to these traumas. However, they are quite varied in their approach, and it is not certain which components of these programs are most effective. The purpose of this collection of information is to identify “best practices” for CISD programs in the railroad industry. By means of written and subsequent oral interviews with train crew members that will each take approximately 45 minutes, the approved study aims to accomplish the following: (1) Benchmark rail industry best practices of CISD programs; (2) Establish the extent of traumatic stress disorders due to grade crossing and trespasser incidents in the rail industry (not by region or railroad) and identify at-risk populations; and (3) Evaluate the effectiveness of individual components of CISD programs. It should be noted that only the components of CISD programs will be evaluated, not an individual railroad's overall intervention program.

Affected Public:

Train Crew Members.

Respondent Universe:

2,000 Train Crew Members.

Frequency of Submission:

On Occasion.

Form(s):

FRA F 6180.120; FRA F 6180.121; FRA F 6180.122.

Estimated Annual Burden:

3,000 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 February 20, 2008.

D.J. Stadtler,

Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. E8-3606 Filed 2-25-08; 8:45 am]

BILLING CODE 4910-06-P

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