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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 February 5, 2007.


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. Gina Christodoulou, Office of Support Systems, RAD-43, 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 2130-0526.” Alternatively, comments may be transmitted via facsimile to (202) 493-6230 or (202) 493-6170, or via e-mail to Mr. Brogan at, or to Ms. Christodoulou 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 Ms. Gina Christodoulou, Office of Support Systems, RAD-43, 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. 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 is a brief summary of the currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

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:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost ($)
219.7—Waivers100,000 employees2 letters2 hours4$140
219.9(b)(2)—Responsibility for compliance450 railroads2 requests1 hour270
219.9(c)(2)—Responsibility for compliance450 railroads10 contracts/docs2 hours20700
219.11(b)(2)—Gen'l conditions for chemical tests450 Medical Fac1 document15 minutes.254
219.11(g) & 219.301(c)(2)(ii)—Training—Alcohol and Drug5 railroads5 programs3 hours15525
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—Training50 railroads50 training classes3 hours1505,250
219.23(d)—Notice to Employee Organizations5 railroads5 notices1 hour5175
219.104/219.107—Removal from Covered Svc.450 railroads20 letters1 hour20700
219.201(c) Good Faith Determination450 railroads10 reports30 minutes5175
219.203/207/209—Notifications by Phone to FRA450 railroads104 phone calls10 minutes17595
219.205—Sample Collection and Handling450 railroads400 forms15 minutes1003,500
—Form covering accidents/incidents450 railroads100 forms10 minutes17595
219.209(a)—Reports of Tests and Refusals450 railroads80 phone rpts2 minutes3105
219.209(c)—Records—Tests promptly administered450 railroads40 records30 minutes20700
219.211(b)—Analysis and follow-up—MRO450 railroads8 reports15 minutes2200
219.302(f)—Tests not promptly administered450 railroads200 records30 minutes1003,500
219.401/403/405—Voluntary referral and Co-worker report policies5 railroads5 report policies20 hours1003,500
219.405(c)(1)—Report by Co-worker450 railroads450 reports5 minutes381,330
219.403/405—SAP Counselor Evaluation450 railroads700 reports30 minutes35012,250
219.601(a)—RR Random Drug Testing Programs5 railroads5 programs1 hour5175
—Amendments450 railroads20 amendments1 hour20700
219.601(b)(1)—Random Selection Proc.—Drug450 railroads5,400 documents4 hours21,600324,000
219.601(b)(4/; 219.601(d)—Notices to Employees5 railroads100 notices.5 minute135
—New Railroads5 railroads5 notices10 hours501,750
—Employee Notices—Tests450 railroads25,000 notices1 minute41714,595
219.603(a)—Specimen Security—Notice By Employee Asking to be Excused from Urine Testing20,000 employees20 excuse doc15 minutes5145
219.607(a)—RR Random Alcohol Testing Programs5 railroads5 programs8 hours401,400
—Amendments to Approved Program450 railroads20 amendments1 hour20700
219.608—Administrator's Determination of Random Alcohol Testing Rate53 railroads53 MIS reports2 hours1063,710
219.707 9(c)(d) & 40.33—Review by MRO of Urine Drug Testing Results/Employee Notification.
—Positive Drug Test Result450 MROs980 reports2 hours1,960196,000
—Copies of Positive Test Results to Employees450 railroads980 tests15 minutes2453,675
219.709—Retests—Written Request by Employee450 railroads10 letters30 minutes5175
219.711(c) & 40.25(f)(22)(ii)—Employee Consent100,000 employees60 letters5 minutes5175
219.801—Reporting Alcohol/Drug Misuse Prevention Program Results in a Management Info. System.
—Alcohol/Drug Testing Management Info. System Data Collection Form53 railroads25 forms4 hours1003,500
—Easy Data Collection Form—No Alcohol/Drug Misuse53 railroads28 forms2 hours561,960
219.901/903—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing450 railroads100,500 records5 minutes8,375125,625
—Summary Report of Breath Alcohol/Drug Test450 railroads200 reports2 hours4006,000

Respondent Universe: 450 railroads.

Frequency of Submission: On occasion.

Total Responses: 135,603.

Estimated Total Annual Burden: 34,378 hours.

Status: Regular Review.

Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), FRA Start Printed Page 70583informs 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 November 29, 2006.

D.J. Stadtler,

Director, Office of Budget, Federal Railroad Administration.

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[FR Doc. E6-20501 Filed 12-4-06; 8:45 am]