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Proposed Agency Information Collection Activities; Comment Request

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Federal Railroad Administration, DOT.




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.


Comments must be received no later than March 27, 2000.


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., N.W., Mail Stop 17, Washington, D.C. 20590, or Ms. Dian Deal, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 35, Washington, D.C. 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 (202) 493-6265 or (202) 493-6170, or E-mail to Mr. Brogan at, or to Ms. Deal at 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.

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Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 17, Washington, D.C. 20590 (telephone: (202) 493-6292) or Dian Deal, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 35, Washington, Start Printed Page 4298D.C. 20590 (telephone: (202) 493-6133). (These telephone numbers are not toll-free.)

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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: 30 railroads.

Frequency of Submission: On occasion.

Total Responses: 330 (30 rpts. + 300 rcds.)

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

Estimated Total Annual Burden: 200 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: Start Printed Page 4299

CFR SectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
219.7—Waivers100,000 employees2 letters2 hours4 hours$116
219.9.(b)(2)—Responsibility for compliance450 railroads2 requests1 hours2 hours$70
219.11(b)(2)—Gen'l conditions for chemical tests450 Medical Fac.1 document15 minutes15 minutes$72
219.11 (g) & 219. 302 (c)(2)(ii)—Training-Alcohol and Drug5 railroads5 programs3 hours15 hours$525
—Training200 railroads250 training class3 hours750 hours$26,250
230.23 (d)—Notice of Educ'l Materials to employees200 railroads200 sets-material1 hour200 hours$7,000
—Notice to Employee Organizations15 railroads15 notices1 hour15 hours$525
219.104/219.107/40.47—Removal from cov. Service200 railroads20 letters1 hour20 hours$700
219.201 (c) Good Faith Determination200 railroads10 reports30 minutes5 hours$175
219.203/207/209—Notifications by Phone to FRA200 railroads104 phone calls10 minutes17 hours$595
219.205—Sample Collection and Handling450 railroads400 forms15 minutes100 hours$2,900
—Form covering accidents/incidents450 railroads100 forms10 minutes17 hours$595
219.209 (b)—Narrative Response-refusal to provide sample450 railroads0 reports0 min./hr.0 hours$0
219.209 (c)—Records-Tests promptly admin450 railroads40 records30 minutes20 hours$700
219.211 (b)—Analysis and follow-up MRO450 railroads8 reports15 minutes2 hours$70
219.211 (e)—Written response from employees to FRA re: results of toxicological analysis200 employees0 written response0 min./hr.0 hour$0
219.211 (h)—Recordkeeping-Post Accident Toxicology Tests25 laboratoriesN/AN/AN/AN/A
219.211 (i)—Employees request for a retest of split blood and urine samples450 railroads0 letters0 min./hr.0 hours$0
219.213 (b)—Notice of Disqualification450 railroads0 notices0 min./hr.0 hours$0
219.302 (f)—Tests not promptly administered450 railroads200 records30 minutes100 hours$3,500
219.401/403/405—Voluntary referral and Co-worker report policies5 railroads5 report policies40 hours200 hours$7,000
219.405 (c) (1)—Report by Co-worker200 railroads200 reports5 minutes17 hours$493
219.407—Alternate Policies200 railroads0 policy doc.0 min./hr.0 hours$0
—Amendments/Revocations200 railroads0 amend/rev.0 min./hr.0 hour$0
219.403/405—SAP Counselor Evaluation450 railroads700 reports10 minutes117 hours$4,095
219.601 (a)—RR Random Drug Testing Programs5 railroads5 programs1 hour5 hours$175
—Amendments450 railroads20 amendments1 hour20 hours$700
219.601 (b)(4/; 219.601 (d)—Notices to Employees450 railroads4,000 notices.5 minute33 hours$1,155
—New Railroads5 railroads5 notices10 hours50 hours$1,750
—Employee Notices—Tests450 railroads25,000 notices1 minute417 hours$14,595
219.601 (b) (1)—Random Selection Proc.—Drug450 railroads5,400 documents4 hours21,600 hours$756,000
219.603 (a)—Specimen Security-Notice By Employee Asking to be Excused-Urine Testing20,000 employees200 excuse doc.2 minutes7 hours$203
219.607—RR Random Alcohol Testing Programs5 railroads5 programs1 hour5 hours$175
—Amendments to Approved Program450 railroads20 amendments1 hour20 hours$700
219.607 (b) (1)—Random Selection Proc.—Alcohol450 railroads1 219.6011 219.6011 219.6011 219.601
219.607 (c) (1)—Notice to Employees450 railroads1 219.6011 219.6011 219.6011 219.601
—New Railroads5 railroads1 219.6011 219.6011 219.6011 219.601
219.609—Notice by Employee to be Excused from Random Alcohol Testing1 219.6011 219.6011 219.6011 219.6011 219.601
219.703 (a)&40.23-Specimen Security450 railroads40,000 forms15 minutes10,000 hours$290,000
219.705 (c)—Approval to test for Additional Controlled Substances or alternative methods200 railroads0 Requests0 hours0 hours$0
219.707 9(c) (d)&40.33—Review by MRO of Urine Drug Testing Results/ Employee Notification.
—Positive Drug Test Result200 MROs980 reports2 hours1,960 hours$68,600
—Copies of Positive Test Results to Employees450 railroads980 tests15 minutes245 hours$8,575
—Negative Test Results450 railroads48,020 letters10 minutes8,003 hours$280,105
219.709—Retests-Written Request by Employee450 railroads10 letters30 minutes5 hours$145
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219.711 (c)&40.25 (f) (22) (ii)—Employee Consent100,000 employees60 letters5 minutes5 hours$145
—Employee Release Form450 railroads12,863 letters5 minutes1,072 hours$31,088
219.715&40.57/59/61—Alcohol Testing Procedures1 219.7031 219.7031 219.7031 219.7031 219.703
40.65—Admin. of Confirmatory Tests40,000 employees20 tests30 minutes10 hours$290
—Notice to Employee—Confirmation Test200 railroads200 notices1 hour200 hours$7,000
—Submission of Test Result to Employer200 railroads20 tests15 minutes5 hours$175
40.69—Inability to provide an adequate breath amount200 railroads10 cases12 minutes2 hours$70
—Evaluation from Licensed Physician200 railroads10 cases1 hour10 hours$290
—Written Statement from Physician200 railroads10 cases1 hour10 hours$350
40.81—Availability/Disclosure of Alcohol Testing Information about Individual Employees200 railroads60 letters5 minutes5 hours$145
—Copies of Records—Breath Alcohol Test40,000 employees4 requests30 minutes2 hours$64
40.83—Maintenance/Disclosure of Records concerning EBTs and BATs450 railroads1,500 records5 minutes125 hours$4,375
219.801—Reporting Alcohol Misuse Prevention Program Results in a Management Info. System
—Alcohol Testing Management Info. System Data Collection Form53 railroads25 forms4 hours100 hours$3,500
—Easy Data Collection Form—No Alcohol Misuse53 railroads25 forms2 hours50 hours$1,750
219.803—Reporting Drug Misuse Prev. Results in a Management Info. System
—Drug Testing Management Info. Sys. Data Collection Form53 railroads25 forms4 hours100 hours$3,500
—Drug Testing Management Info. Sys.-Zero Positives—Data Collection Form53 railroads25 forms2 hours50 hours$1,750
219.901—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing450 railroads100,500 records5 minutes8,375 hours$293,125
—Summary Report of Breath Alcohol/Drug Test450 railroads200 reports2 hours400 hours$14,000
40.23(d)(2)(ii)—Written Instructions on Specimen Col0 railroads0 instructions0 minutes0 hours$0
40.29 (a)(2)&(b)—Lab. Chain of Custody Proc.25 laboratories58,212 forms15 minutes14,553 hours$422,037
40.31 (c) (1)—RR Blind Performance Test Proc.25 laboratories1,176 tests1 minute20 hours$580
40.29 (g) (1)&(5)—Lab Test Result Rpts to MRO25 laboratories52,920 reports30 minutes26,460 hours$767,340
40.29 (g) (6)—Lab/Monthly Stat Summary of Urinalysis25 laboratories2,400 reports2 hours4,800 hours$139,200
40.29 (g) (8)&(m)—Recordkeeping—Labs.25 laboratories25 document files240 hours6,000 hours$174,000
40.31(d) (6) Unsatisfactory Perf. Test Results25 laboratories2 reports10 hours20 hours$580
40. 31(d) (7)&(8)—False Positive Error/Retesting25 laboratories1 report50 hours50 hours$1,450
—False Positive on Blind Test Performance25 laboratories1 report50 hours50 hours$1,450
40.33—Reporting/Review—Split Sample Test Results200 railroads18 letters30 minutes9 hours$315
—Split Sample Failure to Reconfirm Drug Presence200 railroads2 reports30 minutes1 hour$35
40.37—Employee's Request for Access to Test Records100,000 employees30 requests30 minutes15 hours$435
1 Incl. under.
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Respondent Universe: 450 railroads.

Frequency of Submission: On occasion.

Total Responses: 357,251.

Estimated Total Annual Burden: 106,470 hours.

Status: Regular Review.

Pursuant to 44 U.S.C. 3507(a) and 5 C.F.R. 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.

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Authority: 44 U.S.C. 3501-3520.

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Issued in Washington, D.C. on January 19, 2000.

Margaret B. Reid,

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

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[FR Doc. 00-1800 Filed 1-25-00; 8:45 am]