[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Notices]
[Pages 34102-34105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16400]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Reports, Forms, and Recordkeeping Requirements; Agency
Information Collection Activities Under OMB Review
AGENCY: Office of the Secretary, DOT.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (U.S.C.
3501 et seq.), this notice announces that the Information Collection
Requests (ICRs) abstracted below have been forwarded to the Office of
Management and Budget (OMB) for review and comment. The ICR describes
the nature of the information collection and its expected cost and
burden. The Federal Register Notice with a 60-day
[[Page 34103]]
comment period soliciting comments on the following collections of
information was published in 62 FR 15960, April 3, 1997.
DATES: Comments must be submitted no later than July 24, 1997.
FOR FURTHER INFORMATION CONTACT: Ms. Gloria Eutsler, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 400
Seventh Street, SW., Washington, DC 20590, (202) 632-3318.
SUPPLEMENTARY INFORMATION:
Federal Railroad Administration (FRA)
Title: Certification of Glazing Material
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0525.
Abstract: FRA's Safety Glazing Standards (49 CFR Part 223)
establish minimum requirements for glazing materials to protect
individuals from personal injury as a result of objects striking the
windows of locomotives, passenger cars and cabooses. Specifically,
Appendix A of Part 223 establishes requirements for the certification
and permanent marking of glazing materials by the manufacturer along
with the responsibility of the manufacturer to make available test
verification data to railroads and the FRA upon request. The
certification, marking and supporting testing data assures the
railroads and the FRA that the particular type of glazing material has
been tested and verified for use as either FRA Type I or Type II
glazing.
Estimated Annual Burden Hours: 321.
Form Number(s): N/A.
Affected Public: Railroad Businesses.
Number of Respondents: 5.
Title: Rear-end Marking Devices
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0523.
Abstract: On January 11, 1977, FRA issued Part 221 (Rear End
Marking Device--Passenger, Commuter and Freight Trains) of Title 49,
Transportation. Through the requirements of this CFR part, FRA ensures
that marking devices for the trailing end of rear cars meet minimum
requirements regarding visibility and display. The regulations
establish the performance standards for ``highly visible'' marking
devices in order to be approved by the Federal Railroad Administrator.
The required submissions and recordkeeping requirements enables FRA's
enforcement personnel to effectively control the use of illegal,
ineffective, or approved devices which do not provide sufficient
``visibility'' to maintain the desired degree of safety in train
operations.
Estimated Annual Burden Hours: 21.
Form Number(s): N/A.
Affected Public: Railroad Businesses.
Number of Respondents: 5.
Title: Transmission of Train Order by Radio
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0524.
Abstract: As a result of increasing human-factor related accident
rates, including those accidents attributed to misuse of radios in
railroad operations, the FRA determined that there was a need for
stricter rules governing the use of radios in railroad operations. Many
unsafe practices in the use of radios in railroad operations were
occurring routinely. On January 27, 1977, the FRA published in the
Federal Register a final rule establishing a new Part 220 (Radio
Standards and Procedures) which prescribes mandatory procedures
governing the use of radio communications in connection with railroad
operations. FRA's Office of Safety personnel reviewed this information
to determine that the minimum standards established by the regulation
are being met and will enable both the railroads and the FRA to focus
attention on these procedures which are unique to radio-train
operations. FRA's analysis of the submittal will enable it to identify
unsafe operating practices in the use of radio communications in
railroad operations. If the submissions were not required, accidents
would then be the primary method of identification and prevention
efforts would be hampered.
Estimated Annual Burden Hours: 240,000.
Form Number(s): N/A.
Affected Public: Railroad Businesses.
Number of Respondents: 400.
Title: Railroad Operating Rules and Radio Standards and Procedures
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0035.
Abstract: As a result of an increasing number of accidents caused
by human factors, the FRA determined that railroad operating rules,
implemented by all of the nation's railroads, needed regulatory review.
On November 23, 1974, FRA issued Part 217 (Railroad Operating Rules),
39 FR 41175 (1974). These rules were substantially revised on August
22, 1994. The requirements of this rule enables FRA to monitor each
railroad's compliance with its operating rules regarding the movement
of trains and other rolling equipment in the railroad industry and the
operating rules instructions that each railroad provides to its
employees. FRA's Office of Safety analyzes the information in
considering waiver petitions, accident investigations, and inquiries
into operating practices on selected railroads. Information will also
enable the FRA to review amendments to railroad operating rules,
timetables, and timetable special instructions and evaluate those
changes in reference to operational safety. Furthermore, this
information enables FRA to monitor a railroad's compliance with its
operating rules and evaluate a railroad's program to achieve employee
compliance with its operating rules. If this information was not made
available to FRA, such nondisclosure would impede prevention efforts,
leaving accidents as the primary method to identify unsafe railroad
operating practices.
Estimated Annual Burden Hours: 131,147.
Form Number(s): N/A.
Affected Public: Railroad Businesses.
Number of Respondents: 600.
Title: State Safety Participation Regulations
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0509.
Abstract: On October 16, 1970, Congress enacted the Federal
Railroad Safety Act of 1970 (45 U.S.C. 435). This Act gave the
Secretary of Transportation the authority to prescribe, as necessary,
appropriate rules, regulations, orders, and standards for all areas of
railroad safety. In order to establish nationally uniform railroad
regulations, the statute envisioned that the Federal Government would
be responsible for the establishment and primary enforcement of
railroad safety regulations. To assist in achieving this goal,
conflicting state rules were preempted. In lieu of their prior role,
states were given the opportunity to participate with the Federal
Government in carrying out a portion of the investigative and
surveillance activities relating to any safety rules issued under this
statute.
FRA implemented this statutory concept with the adoption of the
State Participation Regulation in 1975 (49 CFR Part 212) which provided
the necessary administrative and legal framework for enforcement and
funding purposes. Federal funding for the state participation program
was eliminated in Fiscal Year 1986. State inspectors are
[[Page 34104]]
now authorized to work in all FRA inspection disciplines. States can
currently inspect track, freight cars, locomotives, brake systems,
operating practices, safety glazing, safety appliances, hazardous
materials, and signal systems. FRA continues to assist the states in
(1) certifying their inspectors and provides on-the-job and classroom
training and (2) coordinating and consolidating state inspection plans
into FRA's National Inspection Plan. This plan is revised annually to
reflect current safety issues and to establish the priority of national
inspection efforts and ensure coordination with state safety programs.
The information is collected in order to comply with Federal
railroad safety laws and regulations concerning the State Participation
Program. Inspection information received from state agencies on their
railroad safety investigative and surveillance activities will be used
by FRA to implement the statutory laws. A portion of the information is
needed to establish the legal authority for certain aspects in
processing administrative or litigation responses in noncompliance
situations. The final portion of the information is needed for the
overall administration and management of the program. These data are
used in monitoring the effectiveness of the program and in preparing
various annual safety reports including mandated reports to the
Congress. From this information, FRA can determine if the State
Participation Program is being productive and properly managed.
Estimated Annual Burden Hours: 12,041.
Form Number(s): 6180.10, 29, 29A, 67, 68, 68A, 69, 79, 96, 96A,
96B.
Affected Public: States, Local or Tribal Government.
Number of Respondents: 32.
Title: Qualification of Locomotive Engineers
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0533.
Abstract: Section 4 of the Rail Safety Improvement Act of 1988
required FRA to adopt rules prescribing the licensing or certification
of locomotive operators. Under the statute those rules were to be
structured so that (1) FRA approves the qualification standards set by
railroads; (2) FRA prescribes minimum training requirements; (3) FRA
requires comprehensive knowledge of relevant operating procedures; and
(4) consideration of motor vehicle driving records (including data on
file with the National Driver Register maintained by National Highway
Traffic Safety Administration) (NHTSA) is provided for. On June 19,
1991, FRA issued a final rule on Qualifications for Locomotive
Engineers implementing the requirements of Section 4 of the Rail Safety
Improvement Act of 1988.
Information collection requirements concerning individuals
primarily will be used by railroads to evaluate each person's
qualification to be a locomotive operator. Secondary usage will be made
by FRA in monitoring those qualification determinations and in certain
circumstances (appeals of improper denial or revocation of
certification) direct review of the person's fitness to be a locomotive
operator. Information concerning an individual encompasses four areas:
(1) Eligibility to be a locomotive operator based on prior conduct; (2)
physical fitness to perform the task in terms of visual and hearing
acuity; (3) possession of adequate knowledge to perform the task as
demonstrated by successful passage of examinations; and (4) possession
of adequate operational skills as demonstrated by successful passage of
performance skill tests. In the absence of the data or any subset of
this data, it will not be possible for a railroad to determine whether
a person is qualified to operate a locomotive. Stated conversely,
railroads will be free to certify unqualified persons to operate
locomotives. Furthermore, absent such data it would not be possible for
FRA to determine whether a railroad had acted appropriately in granting
or denying a person certification.
Information collection requirements concerning particular railroads
will be used by FRA to evaluate the quality of each railroad's
localized aspect of the overall program. Information concerning each
railroad's program encompasses eight areas: (1) the selection of
designated supervisors of locomotive engineers, (2) the selection of
the classes of service for engineers, (3) the evaluation of the safety
conduct of engineers, (4) the evaluation of engineer's hearing and
visual acuity, (5) the education of engineers, (6) the testing of
engineers, (7) the operational monitoring of engineers and (8) the
procedural aspects of the operation of the certification program. In
the absence of the data or any subset of this data, it will not be
possible for FRA to determine whether a railroad has an appropriate
method for determining that a person is qualified to operate a
locomotive.
Estimated Annual Burden Hours: 182,362.
Form Number(s): N/A.
Affected Public: Railroad Businesses
Number of Respondents: 620.
Title: Hours of Service Regulations
Type of Request: Reinstatement, with change, of a previously
approved collection for approval has expired.
OMB Control Number: 2130-0005.
Abstract: These requirements resulted from enactment of the Hours
of Service Act of 1907, later revised in 1969 by Public Law 91-169.
Further amendments were enacted as part of the Federal Railroad Safety
Authorization Act of 1976, Public Law 94-348. The stated purpose of the
Act is ``* * * to promote the safety of employees and travelers upon
railroads by limiting the hours of service of employees * * *.''
Congress enacted the Act because of the many serious accidents that
were occurring before the limitations were imposed. The Act specified
the maximum working hours of employees engaged in one or more critical
categories of work. Through the requirements of 49 CFR Part 228, the
Federal Railroad Administration administers the requirements of the
Hours of Service Act.
The recordkeeping requirements contained in 49 CFR Part 228 were
designed to collect the hours of duty for covered employees, and
records of train movements. Railroads whose employees have exceeded
maximum duty limitations must report the circumstances. These
requirements serve as a deterrent to violations and to document
violations for prosecution. Loss of life caused by excess service today
is practically non-existent.
The regulations pertaining to construction of employee sleeping
quarters are contained in Subpart C of 49 CFR Part 228 (Hours of
Service of Railroad Employees). A railroad that has developed plans for
construction or reconstruction of sleeping quarters must obtain
approval of the Federal Railroad Administration by filing a petition
conforming to the requirements of Sections 228.101, 228.103, and
228.105.
FRA's Office of Safety utilizes the information while performing
compliance, violation and accident investigations. Without this
information, FRA would be handicapped during enforcement and a railroad
would permit excess service to occur.
The information contained in the petitions for approval for
construction of employee sleeping quarters is used by FRA headquarters
staff to prepare and issue the public notice, by regional staff in
investigation of the petitions, and by the Associate Administrator for
Safety to render an informed and logical approval or denial of such
petitions.
Estimated Annual Burden Hours: 748,791.
[[Page 34105]]
Form Number(s): 6180.3.
Affected Public: Railroad Businesses.
Number of Respondents: 400.
Title: Designation of Qualified Persons (Track) and Records of
Results of Track Inspections
Type of Request: Extension of a currently approved information
collection.
OMB Control Number: 2130-0010.
Abstract: The Track Standards (49 CFR 213) establish requirements
for the inspection of all track to determine its suitability for train
operation and Section 213.7 prescribes that inspections for
determination of safety compliance must be conducted by persons
possessing the necessary qualifications and authority to institute
immediate remedial action. Since the first indications of impending
safety defects must be recognized and acted upon by the railroad
employee assigned to inspect track, it is imperative that the
individual assigned possess the experience and knowledge required to
effectively perform that function. The railroads are required to assure
themselves that any person assigned to inspect track or repair track is
indeed qualified and to maintain a list of those employees. The form of
that record is left to the discretion of the railroad and may be
computerized. However, the record must show each designation in effect
and the basis for each designation. These records must be kept current
and available to Federal and State track inspectors engaged in the
enforcement of the Track Standards.
Subpart F of the Track Standards (49 CFR 213) establishes
requirements for the inspection of all track by qualified persons to
determine its suitability for train operation and Section 213.241
prescribes that appropriate records of those inspections be maintained
at the railroad's division headquarters. The form of that record is
left to the discretion of the railroad and may be either preprinted or
computerized. However, the record must show when the inspection was
made, the specific track inspected, any conditions which requires
repair and must be signed by the inspector. Track inspection records
must be retained at the railroad's division headquarters for one year.
Rail inspection records must be retained for two years after the
inspection.
These reports are used initially by the railroad companies to see
that tracks are inspected periodically, that the inspectors are
properly qualified, that the tracks are in safe condition for train
operations, and the reports may be used for maintenance planning where
repetitive defective conditions occur.
These same inspection reports are examined periodically by Federal
and State investigators to determine the railroad's compliance with the
inspection frequency requirement of the Track Safety Standards and
persons assigned to inspect tracks have been properly designated. By
comparison of remedial action notations on the reports with actual
track conditions, it is possible to judge the quality of railroad
performed inspections. The railroads employ some 5,000 persons who are
routinely engaged in track inspection and the review of these reports
may reveal weaknesses, if any, in the railroad's inspection and
maintenance program or discrepancies in employee designation. The
absence of these inspection reports would substantially harm the
Government's railroad safety program.
Estimated Annual Burden Hours: 1,764,774.
Form Number(s): N/A.
Affected Public: Railroad Businesses.
Number of Respondents: 500.
ADDRESSES: Send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: DOT Desk Officer. Comments are invited
on whether the proposed collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility; the accuracy of
the Department's estimate of the burden of the proposed information
collection; ways to enhance the quality, utility and clarity of the
information to be collected; and ways to minimize the burden of the
collection of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
Issued in Washington, DC on June 17, 1997.
Vanester M. Williams,
Clearance Officer, United States Department of Transportation.
[FR Doc. 97-16400 Filed 6-23-97; 8:45 am]
BILLING CODE 4910-62-P
