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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 May 5, 2003.


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 (202) 493-6230 or (202) 493-6170, or e-mail to Mr. Brogan at, or to Ms. Steward 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., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) 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: (202) 493-6139). (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 Start Printed Page 10305submit 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 sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
219.7—Waivers100,000 employees2 letters2 hours4 hours$140
219.9.(b)(2)—Responsibility for compliance450 railroads2 requests1 hour2 hours70
219.11(b)(2)—Gen'l conditions for chemical tests450 Medical Fac.1 document15 minutes15 minutes4
219.11 (g) & 219.301 (c)(2)(ii)—Training—Alcohol and Drug5 railroads5 programs3 hours15 hours525
—Training50 railroads50 training class3 hours150 hours5,250
219.23 (d)—Notice to Employee Organizations5 railroads5 notices1 hour5 hours175
219.104/219.107/40.67—Removal from cov. Service450 railroads20 letters1 hour20 hours700
219.201 (c) Good Faith Determination450 railroads10 reports30 minutes5 hours175
219..203/207/209—Notifications by Phone to FRA450 railroads104 phone calls10 minutes17 hours595
219.205—Sample Collection and Handling450 railroads400 forms15 minutes100 hours3,500
—Form covering accidents/incidents450 railroads100 forms10 minutes17 hours595
219.209 (c)—Records—Tests promply admin450 railroads40 records30 minutes20 hours700
219.211 (b)—Analysis and follow-up MRO450 railroads8 reports15 minutes2 hours200
219.302 (f)—Tests not promptly administered450 railroads200 records30 minutes100 hours3,500
219.401/403/405—Voluntary referral and Co-worker report policies5 railroads5 report20 hours100 hours3,500
219.405 (c)(1)—Report by Co-worker450 railroads450 reports5 minutes38 hours1,330
219.403/405—SAP Counselor Evaluation450 railroads700 reports30 minutes350 hours12,250
219.601 (a)—RR Random Drug Testing Programs5 railroads5 programs1 hour5 hours175
—Amendments450 railroads20 amendemnts1 hour20 hours700
219.601(b)(1)—Random Selection Proc.—Drug450 railroads5,400 documents4 hours21,600324,000
219.601(b)(4/219.601 (d)—Notice to Employees5 railroads100 notices.5 minute1 hour35
—New Railroads5 railroads5 notices10 hours50 hours1,750
—Employee Notices—Tests450 railroads25,000 notices1 minute417 hours14,595
219.603(a)—Specimen Security—Notice By Employee Asking to be Excused—Urine Testing20,000 employees200 excuse doc15 minutes5 hours145
219.607(a)—RR Random Alcohol Testing Programs5 railroads5 programs8 hours40hours1,400
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—Amendments to Approved Program450 railroads20 amendments1 hour20 hours700
219.608—Administrator's Determination of Random Alcohol Testing Rate53 railroads53 MIS reports2 hours106 hours3,710
219.707 9(c)(d) & 40.33—Review by MRO of Urine Drug Testing Results/Employee Notification;
—Positive Drug Test Result450 MROs980 reports2 hours1,960 hours196,000
—Copies of Positive Test Results to Employees450 railroads980 tests15 minutes245 hours3,675
219.709—Retests—Written Request by employee450 railroads10 letters30 minutes5 hours175
219.711(c) & 40.25(f)(22)(ii)—Employee Consent100,000 employees60 letters5 minutes5 hours175
40.65—Submission of Test Result to Employer450 railroads20 tests15 minutes5 hours175
40.69—Physician's Written Statement450 railroads10 statements1 hour10 hours1,000
40.81—Availability/Disclosure of Alchol Testing450 railroads60 letters5 minutes5 hours175
Information about individual Employees
—Copies of Records—Breath Alcohol Test40,000 employees4 requests30 minutes2 hours70
40.83—Maintenance/Disclosure of Records concerning EBTs and BATs450 railroads1,5005 minutes25 hours4,375
219.801—Reporting Alcohol/Drug Misuse Prevention Program Results in a Management info. System Data Collection Form53 railroads25 forms4 hours100 hours3,500
—Easy Data Collection Form—No Alcohol/Drug Misuse53 railroads28 forms2 hours56 hours1,960
219.901/903—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing450 railroads100,500 records5 minutes8,375 hours125,625
—Summary Report of Bath Alcohol/Drug Test450 railroads200 reports2 hours400 hours6,000
40.29(g)(1) & (5)—Lab Test Result Rpts to MRO25 laboratories52,92030 minutes26,460 hours926,100
40.29(g)(6)—Lab/Monthly Stat Summary of Urinalysis25 laboratories600 reports2 hours1,200 hours42,000
40.29(g)(8) & (m)—Recordkeeping—Labs25 laboratories25 document files240 hours6,000 hours210,000
40.31(d)(6) Unsatisfactory Perf. Test Results25 laboratories2 reports10 hours20 hours700
40.31(d)(7) & (8)—False Positive Error/Retesting25 laboratories1 report50 hours50 hours1,750
—False Positive on Blind Test Performance25 laboratories1 report50 hours50 hours1,750
40.33—Reporting/Review—Split Sample Test Results200 railroads8 letters30 minutes9 hours315
—Split Sample Failure to Reconfirm Drug Presence200 railroads2 reports30 minutes1 hour35
40.37—Employee Request for Access to Test Records40,000 employees30 requests30 minutes15 hours525

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.

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

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Issued in Washington, DC, on February 27, 2003.

Kathy A. Weiner,

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

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[FR Doc. 03-5041 Filed 3-3-03; 8:45 am]