[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67868-67870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32666]
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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
gloria.swanson@fra.dot.gov or to Ms. Johnson at
maryann.johnson@fra.dot.gov. 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]
BILLING CODE 4910-06-P
