05-3375. 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 25, 2005.

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, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590, or Ms. Debra Steward, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., NW., 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 2130-0533.” Alternatively, comments may be transmitted via facsimile to [phone] or [phone], or e-mail to Mr. Brogan at [e-mail], or to Ms. Steward at [e-mail]. 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, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: [phone]) or Debra Steward, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: [phone]). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law 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 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: 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: 685 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	685 railroads	5 waivers	1 hour	5	$170
240.101/103—Cert. Prog.—Amendmnts	675 railroads	675 amendments	15 minutes	169	5,746
—Cert. Prog.—New	10 railroads	10 programs	200 hours/40 hours	1,840	62,560
—Final Review	10 railroads	10 reviews	1 hour	10	340
—Nonconforming Program—Amend	685 railroads	1 amended program	15 minutes	.25	9
—Material Modific	685 railroads	6 modified program	45 minutes	5	170
240.105(a)—Selection Criteria for DSLE's—Rpts	10 railroads	10 reports	1 hour	10	490
(b) Approval Plan—Amendments	685 railroads	75 amendments	1 hour	75	2,550
240.109—Candidate's written comments on prior safety data	13,333	133 responses	30 minutes	67	3,149
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	685 railroads	267 response + 267 requests	30 minutes	134	5,427
—Written response from candidate on driver's lic. data	685 railroads	40 cases/comments	15 minutes	10	470
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.	685 railroads	400 phone calls	10 minutes	67	3,149
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	7,671
240.119—Self-referral to EAP re: active substance abuse disorder	40,000 locomotive engineers	100 self-referrals	5 minutes	22	376
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads	10 railroads	10 copies	15 minutes	3	102
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification	685 railroads	17 reports	1 hour	17	578
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards	685 railroads	10 notifications	15 minutes	3	141
240.201/221—List of Certified Loco. Engineers	685 railroads	685 updates	15 minutes	171	5,814
240.201/221—List of Qualified DSLEs	685 railroads	685 updated lists	15 minutes	171	5,814
240.201/223/301—Loco. Engineers Certificate	40,000 candidates	13,333 certificates	5 minutes	1,111	37,774
—False entry on certificates	685 railroad; 40,000 engineers	2 falsifications	5 minutes	17	8
240.201/223—List of Des. Persons Authorized to Sign DSLE Certificate	685 railroads	20 lists	15 minutes	5	170
240,205—Data to EAP Counselor	685 railroads	267 records	5 minutes	22	1,034
240.207—Medical Certificate	40,000 candidates	13,333 certificates	70 minutes	15,555	1,555,500
—Written determinations waiving use of corrective device	685 railroads	10 determinations	2 hours	20	2,000
240.219—Denial of Certification	13,333 candidates	75 letters + 75 responses	1 hour	150	6,075
—Notification	685 railroads	75 notifications	1 hour	75	2,550
240.227—Canadian Certification Data	Canadian railroads	200 certifications	15 minutes	50	1,700
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	10 annotations	15 minutes	3	147
Testing Rqmnts.
240.209/213—Written Tests	40,000 candidates	13,333 tests	2 hours	26,666	906,644
240.211/213—Perf. Test	40,000 candidates	13,333	2 hours	26,666	906,644
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	685 railroads	13,333 records	10 minutes	2,222	75,548
240.305—Engineer's Notice of Non-Qualific	40,000 engineers candidates	10 notifications	5 minutes	1	47
—Relaying Non-qual. Status to other certifying railroad	800 engineers	2 letters	30 minutes	1	47
240.307—Notice to Engineer of Disqualification	685 railroads	500 letters	1 hour	500	17,000
240.309—Railroad Annual Review	42 railroads	42 reviews	80 hours	3,360	188,160
—Report of findings	42 railroads	6 reports	1 hour	6	336

Total Responses: 165,420.

Estimated Total Annual Burden: 202,741 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 15, 2005.

Kathy A. Weiner,

Director, Office of Information Technology and Support Systems, Federal Railroad Administration.