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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 (ICRs) 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 April 25, 2005.


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 2130-0533.” 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), Public Law 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. Start Printed Page 86633506(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 is a brief summary of the currently approved ICRs that FRA will submit for clearance by OMB as required under the PRA:

Title: Qualifications For Locomotive Engineers.

OMB Control Number: 2130-0533.

Abstract: Section 4 of the Rail Safety Improvement Act of 1988 (RSIA), Public Law 100-342, 102 Stat. 624 (June 22, 1988), later amended and re-codified by Public Law 103-272, 108 Stat. 874 (July 5, 1994), required that FRA issue regulations to establish any necessary program for certifying or licensing locomotive engineers. The collection of information is used by FRA to ensure that railroads employ and properly train qualified individuals as locomotive engineers and designated supervisors of locomotive engineers. The collection of information is also used by FRA to verify that railroads have established required certification programs for locomotive engineers and that these programs fully conform to the standards specified in the regulation.

Affected Public: Businesses.

Respondent Universe: 685 railroads.

Frequency of Submission: On occasion; annually; tri-annually.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
240.9—Waivers685 railroads5 waivers1 hour5$170
240.101/103—Cert. Prog.—Amendmnts675 railroads675 amendments15 minutes1695,746
—Cert. Prog.—New10 railroads10 programs200 hours/40 hours1,84062,560
—Final Review10 railroads10 reviews1 hour10340
—Nonconforming Program—Amend685 railroads1 amended program15 minutes.259
—Material Modific685 railroads6 modified program45 minutes5170
240.105(a)—Selection Criteria for DSLE's—Rpts10 railroads10 reports1 hour10490
(b) Approval Plan—Amendments685 railroads75 amendments1 hour752,550
240.109—Candidate's written comments on prior safety data13,333133 responses30 minutes673,149
240.111/App C—Driver's License Data13,333 candidates13,333 requests15 minutes3,333156,651
—NDR Match—notifications and requests for data685 railroads267 response + 267 requests30 minutes1345,427
—Written response from candidate on driver's lic. data685 railroads40 cases/comments15 minutes10470
240.111(g)—Notice to RR of Absence of License40,000 candidates4 letters15 minutes147
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op.685 railroads400 phone calls10 minutes673,149
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR13,333 candidates267 requests + 267 responses15 min./30 min.2007,671
240.119—Self-referral to EAP re: active substance abuse disorder40,000 locomotive engineers100 self-referrals5 minutes22376
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads10 railroads10 copies15 minutes3102
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification685 railroads17 reports1 hour17578
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards685 railroads10 notifications15 minutes3141
240.201/221—List of Certified Loco. Engineers685 railroads685 updates15 minutes1715,814
240.201/221—List of Qualified DSLEs685 railroads685 updated lists15 minutes1715,814
240.201/223/301—Loco. Engineers Certificate40,000 candidates13,333 certificates5 minutes1,11137,774
—False entry on certificates685 railroad; 40,000 engineers2 falsifications5 minutes178
240.201/223—List of Des. Persons Authorized to Sign DSLE Certificate685 railroads20 lists15 minutes5170
240,205—Data to EAP Counselor685 railroads267 records5 minutes221,034
240.207—Medical Certificate40,000 candidates13,333 certificates70 minutes15,5551,555,500
—Written determinations waiving use of corrective device685 railroads10 determinations2 hours202,000
240.219—Denial of Certification13,333 candidates75 letters + 75 responses1 hour1506,075
—Notification685 railroads75 notifications1 hour752,550
240.227—Canadian Certification DataCanadian railroads200 certifications15 minutes501,700
240.229—Requirements For Joint Operations321 railroads184 calls5 minutes15705
240.309—RR Oversight Resp.: Poor Safety Conduct—Noted15 railroads10 annotations15 minutes3147
Testing Rqmnts.
240.209/213—Written Tests40,000 candidates13,333 tests2 hours26,666906,644
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240.211/213—Perf. Test40,000 candidates13,3332 hours26,666906,644
240.303—Annual operational monitor observation40,000 candidates40,000 tests/docs2 hours80,0003,920,000
240.303—Annual operating rules compliance test40,000 candidates40,000 tests1 hour40,0001,960,000
240.215—Retaining Info. Supporting Determination685 railroads13,333 records10 minutes2,22275,548
240.305—Engineer's Notice of Non-Qualific40,000 engineers candidates10 notifications5 minutes147
—Relaying Non-qual. Status to other certifying railroad800 engineers2 letters30 minutes147
240.307—Notice to Engineer of Disqualification685 railroads500 letters1 hour50017,000
240.309—Railroad Annual Review42 railroads42 reviews80 hours3,360188,160
—Report of findings42 railroads6 reports1 hour6336

Total Responses: 165,420.

Estimated Total Annual Burden: 202,741 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 15, 2005.

Kathy A. Weiner,

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

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[FR Doc. 05-3375 Filed 2-18-05; 8:45 am]