E8-3606. 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 [phone] or [phone], or via e-mail to Mr. Brogan at [e-mail], or to Ms. Christodoulou 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, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone: [phone]) 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: [phone]). (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.