03-5041. 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 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 May 5, 2003.

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 _.” 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), 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 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 are brief summaries of the three currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title: Identification of Cars Moved in Accordance with Order 13528.

OMB Control Number: 2130-0506.

Abstract: This collection of information identifies a freight car being moved within the scope of Order 13528 (Order). See CFR part 232, appendix B. Otherwise, an exception will be taken, and the car will be set out of the train and not delivered. The information that must be recorded is specified at 49 CFR part 232, appendix B, requiring that a car be properly identified by a card attached to each side of the car and signed stating that such movement is being made under the authority of the order. The Order does not require retaining cards or tags. When a car bearing a tag for movement under the Order arrives at its destination, the tags are simply removed.

Form Number(s): None.

Affected Public: Businesses.

Respondent Universe: 685 railroads.

Frequency of Submission: On occasion.

Total Responses: 800 tags.

Average Time Per Response: 5 minutes per tag.

Estimated Total Annual Burden: 67 hours.

Status: Regular Review.

Title: Railroad Police Officers.

OMB Control Number: 2130-0537.

Abstract: Under 49 CFR part 207, railroads are required to notify states of all designated railroad police officers who are discharging their duties outside of their respective jurisdictions. This requirement is necessary to verify proper police authority.

Form Number(s): None.

Affected Public: Businesses.

Respondent Universe: 685 railroads.

Frequency of Submission: On occasion.

Total Responses: 60 (30 rpts. + 30 rcds.).

Average Time Per Response: 5 hrs. p/rpt. + 10 min. p/rcd.

Estimated Total Annual Burden: 155 hours.

Status: Regular Review.

Title: Control of Alcohol and Drug Use in Railroad Operations.

OMB Control Number: 2130-0526.

Abstract: The information collection requirements contained in pre-employment and “for cause” testing regulations are intended to ensure a sense of fairness and accuracy for railroads and their employees. The principal information—evidence of unauthorized alcohol or drug use—is used to prevent accidents by screening personnel who perform safety-sensitive service. FRA uses the information to measure the level of compliance with regulations governing the use of alcohol or controlled substances. Elimination of this problem is necessary to prevent accidents, injuries, and fatalities of the nature already experienced and further reduce the risk of a truly catastrophic accident. Finally, FRA analyzes the data provided in the Management Information System annual report to monitor the effectiveness of a railroad's alcohol and drug testing program.

Form Number(s): FRA F 6180.73, 6180.74, 6180.94A, 61880.94B.

Affected Public: Businesses.

Reporting Burden:

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours	Total annual burden cost
219.7—Waivers	100,000 employees	2 letters	2 hours	4 hours	$140
219.9.(b)(2)—Responsibility for compliance	450 railroads	2 requests	1 hour	2 hours	70
219.11(b)(2)—Gen'l conditions for chemical tests	450 Medical Fac.	1 document	15 minutes	15 minutes	4
219.11 (g) & 219.301 (c)(2)(ii)—Training—Alcohol and Drug	5 railroads	5 programs	3 hours	15 hours	525
—Training	50 railroads	50 training class	3 hours	150 hours	5,250
219.23 (d)—Notice to Employee Organizations	5 railroads	5 notices	1 hour	5 hours	175
219.104/219.107/40.67—Removal from cov. Service	450 railroads	20 letters	1 hour	20 hours	700
219.201 (c) Good Faith Determination	450 railroads	10 reports	30 minutes	5 hours	175
219..203/207/209—Notifications by Phone to FRA	450 railroads	104 phone calls	10 minutes	17 hours	595
219.205—Sample Collection and Handling	450 railroads	400 forms	15 minutes	100 hours	3,500
—Form covering accidents/incidents	450 railroads	100 forms	10 minutes	17 hours	595
219.209 (c)—Records—Tests promply admin	450 railroads	40 records	30 minutes	20 hours	700
219.211 (b)—Analysis and follow-up MRO	450 railroads	8 reports	15 minutes	2 hours	200
219.302 (f)—Tests not promptly administered	450 railroads	200 records	30 minutes	100 hours	3,500
219.401/403/405—Voluntary referral and Co-worker report policies	5 railroads	5 report	20 hours	100 hours	3,500
219.405 (c)(1)—Report by Co-worker	450 railroads	450 reports	5 minutes	38 hours	1,330
219.403/405—SAP Counselor Evaluation	450 railroads	700 reports	30 minutes	350 hours	12,250
219.601 (a)—RR Random Drug Testing Programs	5 railroads	5 programs	1 hour	5 hours	175
—Amendments	450 railroads	20 amendemnts	1 hour	20 hours	700
219.601(b)(1)—Random Selection Proc.—Drug	450 railroads	5,400 documents	4 hours	21,600	324,000
219.601(b)(4/219.601 (d)—Notice to Employees	5 railroads	100 notices.	5 minute	1 hour	35
—New Railroads	5 railroads	5 notices	10 hours	50 hours	1,750
—Employee Notices—Tests	450 railroads	25,000 notices	1 minute	417 hours	14,595
219.603(a)—Specimen Security—Notice By Employee Asking to be Excused—Urine Testing	20,000 employees	200 excuse doc	15 minutes	5 hours	145
219.607(a)—RR Random Alcohol Testing Programs	5 railroads	5 programs	8 hours	40hours	1,400
—Amendments to Approved Program	450 railroads	20 amendments	1 hour	20 hours	700
219.608—Administrator's Determination of Random Alcohol Testing Rate	53 railroads	53 MIS reports	2 hours	106 hours	3,710
219.707 9(c)(d) & 40.33—Review by MRO of Urine Drug Testing Results/Employee Notification;
—Positive Drug Test Result	450 MROs	980 reports	2 hours	1,960 hours	196,000
—Copies of Positive Test Results to Employees	450 railroads	980 tests	15 minutes	245 hours	3,675
219.709—Retests—Written Request by employee	450 railroads	10 letters	30 minutes	5 hours	175
219.711(c) & 40.25(f)(22)(ii)—Employee Consent	100,000 employees	60 letters	5 minutes	5 hours	175
40.65—Submission of Test Result to Employer	450 railroads	20 tests	15 minutes	5 hours	175
40.69—Physician's Written Statement	450 railroads	10 statements	1 hour	10 hours	1,000
40.81—Availability/Disclosure of Alchol Testing	450 railroads	60 letters	5 minutes	5 hours	175
Information about individual Employees
—Copies of Records—Breath Alcohol Test	40,000 employees	4 requests	30 minutes	2 hours	70
40.83—Maintenance/Disclosure of Records concerning EBTs and BATs	450 railroads	1,500	5 minutes	25 hours	4,375
219.801—Reporting Alcohol/Drug Misuse Prevention Program Results in a Management info. System Data Collection Form	53 railroads	25 forms	4 hours	100 hours	3,500
—Easy Data Collection Form—No Alcohol/Drug Misuse	53 railroads	28 forms	2 hours	56 hours	1,960
219.901/903—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing	450 railroads	100,500 records	5 minutes	8,375 hours	125,625
—Summary Report of Bath Alcohol/Drug Test	450 railroads	200 reports	2 hours	400 hours	6,000
40.29(g)(1) & (5)—Lab Test Result Rpts to MRO	25 laboratories	52,920	30 minutes	26,460 hours	926,100
40.29(g)(6)—Lab/Monthly Stat Summary of Urinalysis	25 laboratories	600 reports	2 hours	1,200 hours	42,000
40.29(g)(8) & (m)—Recordkeeping—Labs	25 laboratories	25 document files	240 hours	6,000 hours	210,000
40.31(d)(6) Unsatisfactory Perf. Test Results	25 laboratories	2 reports	10 hours	20 hours	700
40.31(d)(7) & (8)—False Positive Error/Retesting	25 laboratories	1 report	50 hours	50 hours	1,750
—False Positive on Blind Test Performance	25 laboratories	1 report	50 hours	50 hours	1,750
40.33—Reporting/Review—Split Sample Test Results	200 railroads	8 letters	30 minutes	9 hours	315
—Split Sample Failure to Reconfirm Drug Presence	200 railroads	2 reports	30 minutes	1 hour	35
40.37—Employee Request for Access to Test Records	40,000 employees	30 requests	30 minutes	15 hours	525

Respondent Universe: 450 railroads.

Frequency of Submission: On occasion.

Total Responses: 190,886.

Estimated Total Annual Burden: 68,307 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 27, 2003.

Kathy A. Weiner,

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