2011-7463. Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation.

ACTION:

Notice and request for comments.

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 31, 2011.

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. Kimberly Toone, Office of Information Technology, RAD-20, 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 __ .” Alternatively, comments may be transmitted via facsimile to [phone] or [phone], or via e-mail to Mr. Brogan at [e-mail], or to Ms. Toone 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. Kimberly Toone, Office of Information Technology, 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, § 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 three currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

OMB Control Number: 2130-0035.

Type of Request: Extension of a currently approved collection.

Affected Public: Businesses.

Form Number(s): N/A.

Abstract: The collection of information is due to the railroad operating rules set forth in 49 CFR part 217 which require Class I and Class II railroads to file with FRA copies of their operating rules, timetables, and timetable special instructions, and subsequent amendments thereto. Class III railroads are required to retain copies of these documents at their systems headquarters. Also, 49 CFR 220.21(b) prescribes the collection of information which requires railroads to retain one copy of their current operating rules with respect to radio communications and one copy of each subsequent amendment thereto. These documents must be made available to FRA upon request. Through these rules, FRA learns the condition of operating rules and practices with respect to trains and instructions provided by the railroad to their employees in operating practices.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
217.7—Copy—FRA—Operating rules, timetables, Class I & II RRs	1 new railroad	1 submission	1 hour	1
—Amendments	55 railroads	165 amendments	20 Minutes	55
—Copy of operating rules—Class III	20 new railroads	20 submissions	55 Minutes	18
—Amendments	632 railroads	1,896 amendments	15 Minutes	474
217.9—Railroad and Railroad Testing Officer Responsibilities	687 railroads	4,732 field trained officers/training sessions	8 hours	37,856
—Records	687 railroads	4,732 records	2 minutes	158
Copy—Prog. for Perf. of Operational Tests	20 new railroads	20 Programs	9.92 hours	198
—Records of Operational Tests/Inspections	687 railroads	9,180,000 records	5 minutes	765,000
—Amendments	55 railroads	165 amendments	1.92 hours	317
—Quarterly Review of Accident/Incident Data/Prior Op. Tests/Insp	687 railroads	148 reviews	1 hour	148
—Designated Officers & Conduct of 6 Mo. Rev	687 railroads	37 designations + 74 reviews	5 seconds + 1 hour	74
—Designated Officers & Conduct of Six Month Review by Passenger/Commuter Railroads	687 railroads	20 designations + 34 reviews	5 seconds + 1 hour	34
—Records of Periodic Reviews	687 railroads	589 review records	1 minute	10
—Annual Summary on Operational Tests/Insp	687 railroads	37 summary records	61 minutes	38
—FRA Disapproval of RR Program of Operational Tests/Insp. & Response by RR	687 railroads	20 supporting documents	1 hour	20
—Amended Prog. Docs.	687 railroads	20 amended documents	30 minutes	10
271.11—Instruction of Program Employees	687 railroads	130,000 instr. employees	8 hours	1,040,000
—New RR & Copy of Program of Op. Tests	20 new railroads	20 Programs	8 hours	160
—Amendments to Op. Rules Instr. Program	687 railroads	220 amendments	55 minutes	202
218.95—Instruction, Training, Examination—Records	687 railroads	98,000 records	5 minutes	8,167
—Response to FRA Disapproval of Program	687 railroads	50 written/oral submissions	1 hour	50
—Programs Needing Amendment	687 railroads	20 amended programs	30 minutes	10
218.97—Written Procedures on Good Faith Challenges by Employees Re: Actions	687 railroads	687 written procedures	2 hours	1,374
—Employee Copy of Written Procedures	687 railroads	130,000 copies	6 minutes	13,000
—Employee Copy of Amended Procedures	687 railroads	130,000 copies	3 minutes	6,500
—Good Faith Challenges by RR Employees	98,000 RR Employees	15 challenges	10 minutes	3
—RR Responses to Empl. Challenge	687 railroads	15 responses	5 minutes	1
—Immediate Review of Employee Challenge	687 railroads	5 immediate reviews	15 minutes	1
—RR Officer Explanation of Federal Law Protection Against Retaliation	687 railroads	5 explanations	1 minute	.08
—Documented Protest by RR Employee	687 railroads	10 written protests	15 minutes	3
—Copies of Protests	687 railroads	10 protest copies	1 minute	.17
—Further Reviews	687 railroads	3 further reviews	15 minutes	1
—Written Verification Decision to Employee	687 railroads	10 verification decisions	10 minutes	2
—Copy of Written Procedures at RR Hdtrs	687 railroads	760 copies of procedures	5 minutes	63 hours
—Copy of Verification Decision at RR Headquarters & Division Headquarters	687 railroads	20 verification decision copies	5 minutes	2
218.99—Shoving or Pushing Movements:
—Operating Rule Modifications	687 railroads	687 rule modifications	1 hour	687
—Locomotive Engineer Job Briefing Before Movement	100,000 RR Employees	60,000 job briefings	1 minute	1,000
—Point Protection Determinations & Signals/Instructions to Control Movements	100,000 RR Employees	87,600,000 determinations + 87,600,000 signals/instructions	1 minute + 1 minute	2,920,000
—Remote Control Movements-Verbal Confirmation	100,000 RR Employees	876,000 confirmations	1 minute	14,600
—Remote Control Determinations That Zone Is Not Jointly Occupied/Track Clear	100,000 RR Employees	876,000 determinations	1 minute	14,600
—Dispatcher Authorized Train Movements	6,000 RR Dispatchers	30,000 auth. movements	1 minute	500
—Written Procedures to Determine Track Occupancy	687 railroads	41 written procedures	30 minutes	21
—Track Location—Designation	687 railroads	41 track designations	30 minutes	21
218.101—Operating Rule Re: Leaving Rolling & On-Track MOW Equipment in the Clear	687 railroads	687 amended op. rules	30 minutes	344
218.103—Hand-Operated Switches—RR Operating Rule That Complies with 218.103	687 railroads	687 modified operating rules	1 hour	687
—Specification of Minimum Job Briefing Requirements	687 railroads	632 modified op. rules	30 minutes	316
—Employee Operating or Verifying Position of Hand-operated Switches: Job Briefings	687 railroads	1,125,000 job briefings	1 minute	18,750
218.105—Additional Requirements for Hand Operated Main Track Switches—Job Briefing	687 railroads	60,000 job briefings	1 minute	1,000
—Roadway Worker Report on Position of Switches to Roadway Worker in Charge (RWIC) or Designated Employee Conveying Information to RWIC	687 railroads	100,000 empl. reports + 100,000 conveyances	1 minute + 1 minute	3,334
—Dispatcher Acknowledgment of Switch Position and Employee Confirmation to Train Dispatcher	687 railroads	60,000 acknowledgment + 60,000 confirmations	30 seconds + 5 seconds	583
218.109—Hand Operated Fixed Derails: Job Briefings	687 railroads	562,500 hours	30 seconds	4,688

Total Estimated Responses: 188,794,835.

Total Estimated Annual Burden: 4,855,081 hours.

Status: Regular Review.

Title: Roadway Worker Protection.

OMB Control Number: 2130-0539.

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.

Form Number(s): FRA 6180.119.

Affected Public: Businesses.

Frequency of Submission: On occasion.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
Form FRA F 6180.119	350 Safety Inspectors	150 report forms	4 hours	600
—RR Workplace Safety Violation Report Form
214303/309—On-Track Safety Programs
—Amendments to Program	60 railroads + 584 railroads	20 amended programs + 584 amended prog.	20 hours; 4 hours	2,736
—Subsequent Years: New Programs	5 railroads	5 safety programs	250 hours	1,250
214.313—Roadway Worker Challenge to Directive	20 railroads	80 challenges	4 hours	320
214.315/335—Supervision and Communication—Job Briefings	50,000 Roadway Workers	16,350,000 briefings	2 minutes	545,000
214.321—Exclusive Track Occupancy: Written Authorities	8,583 Employees/Roadway Workers	700,739 written authorities	1 minute	11,679
214.325—Train Coordination: Roadway Worker Communication with Train Crew	50,000 Roadway Workers	36,500 communications	15 seconds	152
214.327—Inaccessible Track: Establishment and Direction by Roadway Worker in Charge	703 railroads	50,000 occurrences	10 minutes	8,333
214.337—On-Track Safety for Lone Workers	703 railroads	2,080,000 statements	30 seconds	17,333
—Written Statement of On-Track Safety by Lone Worker
214.343/345347/349/351/353/355—Training	50,000 Roadway Workers	50,000 trained employees	4.50 hours	225,000
—Training Records	50,000 Roadway Workers	50,000 records	2 minutes	1,667
214.503—Good Faith Challenges—Notification	50,000 Roadway Workers	125 notifications	10 minutes	21
—Resolution Procedures	644 railroads	10 procedures	2 hours	20
214.505—List of New/Designated Existing On-Track Roadway Maintenance Machines Conforming with Paragraph (a) of This Section	644 railroads	9 lists	1 hour	9
214.507—Built Light Weight Displayed on Each New Roadway Maintenance Machine (RMM)	644 railroads	1,000 stickers/stencils	5 minutes	83
214.511—Clearly Identifiable Horn Triggering Mechanism on Each New RMM	644 railroads	3,700 identified mechanisms	5 minutes	308
214.513—Clearly Identifiable Horn Triggering Mechanism on Each Existing RMM	703 railroads	200 identified mechanisms	5 minutes	17
214.515—Overhead Covers for Existing RMMs—Requests and RR Responses	644 railroads	500 employee requests + 500 RR responses	10 minutes + 20 minutes	250
214.517—Display of Light Weight on Existing RMMs	644 railroads	500 stencils/displays	5 minutes	42
214.518—Safe and Secure Position on On- Track RMMs—Clearly Identified	644 railroads	1,000 stencils/marks/notices	5 minutes	83
214.523-Hi-Rail Vehicles—Inspections and Records	644 railroads	2,000 inspections/records	1 hour	2,000
—Tagging and Reporting Non-compliant Conditions	644 railroads	500 tags + 500 reports	10 minutes + 15 minutes	208
214.527—On-Track RMMs—Tagging and Reporting of Non-complying Conditions	644 railroads	550 tags + 550 reports	5 minutes + 15 minutes	184
214.533—Schedule of Repairs for Hi-Rail Vehicles and RMMs—Compliance Records	644 railroads	250 records	15 minutes	63

Total Estimated Responses: 19,329,972.

Total Estimated Annual Burden: 817,358 hours.

Status: Regular Review.

OMB Control Number: 2130-0552.

Title: Locomotive Cab Sanitation Standards.

Type of Request: Extension of a currently approved collection.

Affected Public: Businesses.

Form Number(s): N/A.

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.

Frequency of Submission: On occasion.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
229.137(d)—Defective Locomotive Toilet Facility—Tagging	744 railroads	11,700 tags/notices	90 seconds	293
229.137(e) Defective But Sanitary Locomotive Toilet Facility—Tagging	744 railroads	7,956 tags/notices	90 seconds	199
229.137(f) Switching or Transfer Service—Defective Locomotive Toilet Facility—Notation on Daily Inspection Report	744 railroads	93,600 notations	30 seconds	780

Total Estimated Responses: 113,256.

Total Estimated Annual Burden: 1,272 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 March 25, 2011.

Kimberly Coronel,

Director, Office of Financial Management, Federal Railroad Administration.