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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 28, 2008.


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, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590, or Ms. Gina Christodoulou, Office of Support Systems Staff, RAD-43, Federal Railroad Administration, 1200 New Jersey Ave., SE., 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-__.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, 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, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Gina Christodoulou, Office of Support Systems Staff, RAD-43, Federal Railroad Administration, 1200 New Jersey Ave., SE., 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 No. 104-13, § 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 Start Printed Page 10323FRA 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 ICRs that FRA will submit for clearance by OMB as required under the PRA:

Title: Railroad Locomotive Safety Standards and Event Recorder.

OMB Control Number: 2130-0004.

Abstract: The Locomotive Inspection requires railroads to inspect, repair, and maintain locomotives and event recorders so that they are safe, free of defects, and can be placed in service without peril to life. Crashworthy locomotive event recorders provide FRA with verifiable factual information about how trains are maintained and operated, and are used by FRA and State inspectors for Part 229 rule enforcement. The information garnered from crashworthy event recorders is also used by railroads to monitor railroad operations and by railroad employees (locomotive engineers, train crews, dispatchers) to improve train handling, and promote the safe and efficient operation of trains throughout the country, based on a surer knowledge of different control inputs.

Affected Public: Businesses.

Respondent Universe: 744 Railroads.

Frequency of Submission: On occasion.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
229.9—Movement of Non-Complying Locomotives744 Railroads21,000 tags1 minute350$12,950
229.17—Accident Reports744 Railroads1 report15 minutes.2511
229.21—Daily Inspection744 Railroads5,655,000 rcds1 or 3 minutes189,5838,341,652
—MU Locomotives: Written Reports744 Railroads250 reports3 minutes13572
Form FRA F 6180.49A Locomotive Insp/Repair Rcd744 Railroads7,250 forms2 minutes2428,954
210.31—Locomotive Noise Emission Test744 Railroads100 tests/remarks15 minutes25925
229.23/229.27/229.29/229.31—Periodic Inspection/Annual Biennial Tests/Main Res. Tests744 Railroads87,000 tests8 hours696,00025,752,000
229.33—Out-of Use Credit744 Railroads500 notations5 minutes421,554
229.25(1)—Test: Every Periodic Insp.—Written Copies of Instruction744 Railroads200 amendments15 minutes501,700
229.25(2)—Duty Verification Readout Record744 Railroads4,025 records90 minutes6,038181,140
229.25(3)—Pre-Maintenance Test—Failures744 Railroads700 notations30 minutes35010,500
229.135(A.)—Removal From Service744 Railroads1,000 tags1 minute17629
229.135(B.)—Preserving Accident Data744 Railroads2,800 reports15 minutes70023,800
New Requirements
229.27—Annual Tests744 Railroads700 test records90 minutes1,05031,500
229.135(b)(1) & (2)—Equipment Rqmnts—Mag Tape Replacements744 Railroads850 Cert. Mem Modules2 hours + 200 hours1,9001,500
229.135(b)(3)—Equipment Rqmnts—Lead Locomotives744 Railroads600 Cert. Mem Modules2 hours1,2001,500
229.135(b)(4)—Equipment Rqmnts—MU Locomotives744 Railroads255 Cert. Mem Modules2 hours5101,500
229.135(b)(5)—Equipment Rqmnts—Other Locomotives744 Railroads1,000 Cert. Mem Modules2 hours2,0001,500

Total Responses: 5,783,231.

Estimated Total Annual Burden: 900,070 hours.

Form(s): FRA F 6180.49A.

Status: Regular Review.

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: 744 railroads.

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

Reporting Burden: Start Printed Page 10324

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
240.9—Waivers744 railroads3 waivers1 hour3$114
240.11—Certific. Programs744 railroads50 amend. prog1 hour501,900
New Cert. Prog20 New railroads20 cert. programs40 hours80030,400
Final Review20 railroads20 reviews1 hour20760
Material Changes to Cert. Program744 railroads30 modified programs45 minutes23874
240.105(a)—Selection Criteria for DSLEs—Rpts744 railroads5 amendments1 hour5190
(b) Approval Plan—Amendments744 railroads5 amendments1 hour5190
240.109—Candidate's written comments on prior safety data13,333 candidates25 responses60 minutes251,175
240.111/App C—Driver's License Data13,333 candidates13,333 requests15 minutes3,333156,651
—NDR Match—notifications and requests for data744 railroads133 responses + 133 requests15 minutes672,848
—Written response from candidate on driver's lic. data744 railroads20 cases and comments15 minutes5235
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 op744 railroads200 phone calls10 minutes331,551
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR13,333 candidates267 requests + 267 responses15 min./30 min2008,203
240.119—Self-referral to EAP re: active substance abuse disorder40,000 locomotive engineers50 self-referrals5 minutes4188
240.121—Criteria—Vision/Hearing; Acuity Data—New Railroads20 railroads20 copies15 minutes5190
240.121—Criteria—Vision/Hearing; Acuity Data—Cond. Certification744 railroads20 reports1 hour20760
240.121—Criteria—Vision/Hearing; Acuity Data—Not Meeting Standards744 railroads10 notifications15 minutes3141
240.201/221—List of Certified Loco. Engineers744 railroads744 updates15 minutes1867,068
240.201/221—List of Qualified DSLEs744 railroads744 updated lists15 minutes1867,068
240.201/223/301—Loco. Engineers Certificate40,000 candidates13,333 certificates5 minutes1,11142,218
240.201/223—List of Auth Empl744 railroads5 lists15 minutes138
240.205—Data to EAP Counselor744 railroads133 records5 minutes11517
240.207—Medical Certificate40,000 candidates13,333 certificates70 minutes15,5551,711,050
—Written determinations waiving use of corrective device744 railroads10 determinations2 hours202,200
240.219—Denial of Certification13,333 candidates30 letters +30 responses1 hour602,550
—Notification744 railroads30 notifications1 hour301,140
240. 229—Requirements For Joint Operations321 railroads184 calls5 minutes15705
240.309—RR Oversight Resp.: Poor Safety Conduct—Noted15 railroads6 annotations15 minutes298
Testing Rqmnts
240.209/213—Written Tests40,000 candidates13,333 tests2 hours26,6661,013,308
240.211/213—Perf. Test40,000 candidates13,333 tests2 hours26,6661,013,308
240.303—Annual operational monitor observation40,000 candidates40,000 tests/docs.2 hours80,0003,920,000
240.303—Annual operating rules compliance test40,000 candidates40,000 tests1 hour40,0001,960,000
240.215—Retaining Info. Supporting Determination744 railroads13,333 records30 minutes6,667253,346
240.305—Engineer's Notice of Non-Qualific40,400 engineers or candidates100 notifications5 minutes8376
—Relaying Non-qual. Status to other certifying railroad800 engineers2 letters30 minutes147
240.307—Notice to Engineer of Disqualification744 railroads650 letters1 hour65024,700
240.309—Railroad Annual Review28 railroads28 reviews40 hours1,12071,680
—Report of findings28 railroads6 reports1 hour6384
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Total Responses: 163,997.

Estimated Total Annual Burden: 203,568 hours.

Status: Regular Review.

Title: Railroad Worker Protection.

OMB Control Number: 2130-0539.

Type of Request: Extension of a currently approved collection.

Affected Public: Railroads.

Abstract: This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers' responsibilities, as well as employees' rights and responsibilities thereto; well-defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA.

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
Form FRA F 6180.199—Part 214 Railroad Workplace Safety Violation Report Form350 Safety Inspectors200 forms4 hours800$28,800
214.311—Written Procedure of Challenges Made to On-Track Safety Procedures—Program Amendments744 Railroads20 amend./584 prog. amend20 hours/4 hours2,736103,968
—Subsequent Years: Safety Programs5 Railroads5 safety prog250 hours1,25047,500
214.313—Responsibility of Individual Roadway Workers—Good Faith Challenges20 Railroads80 challenges4 hours32011,520
214.315/335—Supervision and Communication Job Briefings50,000 Roadway Empl16,350,000 brf2 minutes54519,620,000
214.321—Exclusive Track Occupancy—Working Limits—Written Authorities85,853 Roadway Workers700,739 auth40 seconds7,786280,296
214.325—Train Coordination—Communications50,000 Roadway Workers36,500 comm15 seconds15255,472
214.327—Inaccessible Track—Establishing Working Limits50,000 Roadway Workers50,000 Occurrences10 minutes8,333299,988
214.337—On-Track Safety Procedures for Lone Workers: Train Detection—Written Statements744 Railroads2,080,000 stat30 seconds17,333623,988
214.355—Training and Qualification for Operators of Roadway Maintenance Machines50,000 Roadway Workers50,000 records2 minutes1,66763,346
214.503—Good Faith Challenges; Procedures for Notification and Resolution50,000 Roadway Workers125 notific10 minutes21 hours756
—Resolution Procedures744 Railroads10 procedures2 hours20 hours760
214.505—Req'd Environmental Control and Protection Systems For New On-Line Roadway Maintenance Machines with Enclosed Cabs744 Railroads9 lists1 hour9 hours342
214.507—Required Safety Equipment for New On-Track Roadway Maint. Machines—Stickers744 Railroads1,000 stickers5 minutes832,988
214.511—Req'd Audible Warning Devices—Roadway Maintenance Machines—I.D744 Railroads3,700 devices5 minutes30811,088
214.513—Retrofitting Existing On-track RMM744 Railroads2,300 Identific5 minutes1926,912
214.515—Overhead Covers For Existing On-Track Roadway Maintenance Machines (RMM)744 Railroads500 requests + 500 responses10 min. + 20 min2509,334
214.517—Retrofitting of Existing On-Track RMM Manufactured After 1991744 Railroads6,000 stencils5 minutes50018,000
214.518—Safe and secure positions for riders744 Railroads7,500 markings5 minutes62522,500
214.523—Hi-Rail Vehicles—Inspections—Rcds744 Railroads2,000 recds60 minutes2,00072,000
—Non-Complying Conditions—Tags + Reports744 Railroads500 tags + 500 reports10 min. + 15 min2087,488
214.527—On-Track RMM; Inspection for Compliance; Repair Schedules—Tags + Reports744 Railroads550 tags + 550 reports5 min. + 15 min1846,624
214.533—Schedule of Repairs; Subject to Availability of Parts—Records744 Railroads250 records15 minutes632,394
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Total Responses: 19,294,122

Estimated Total Annual Burden: 589,840 hours.

Form(s): FRA F 6180.119.

Status: Regular Review.

Title: Locomotive Cab Sanitation Standards.

OMB Control Number: 2130-0552.

Abstract: The collection of information is used by FRA to promote rail safety and the health of railroad workers by ensuring that all locomotive crew members have access to toilet/sanitary facilities—on as needed basis—which are functioning and hygienic. Also, the collection of information is used by FRA to ensure that railroads repair defective locomotive toilet/sanitary facilities within 10 calendar days of the date on which these units becomes defective.

Affected Public: Businesses.

Respondent Universe: Railroads.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
229.137(d)—Sanitation—Locomotive Defective or Unsanitary Toilet Facility Placed in Trailing Service—Clear Markings: Unavailable For Use744 Railroads7,800 notices90 seconds195$6,435
229.137(e)—Sanitation—Locomotive Defective Toilet Facility—Clear Markings: Unavailable For Use744 Railroads5,200 notices90 seconds1304,290
229.139(d)—Servicing—Locomotive Used in Transfer or Switching Service with Defective Toilet Facility—Date Defective744 Railroads93,600 notations30 seconds78025,740

Total Responses: 106,600.

Estimated Total Annual Burden: 1,105 hours.

Status: Regular Review.

Title: Positive Train Control.

OMB Control Number: 2130-0553.

Abstract: The collection of information is used by FRA to ensure that new or novel signal and train control technologies, essentially electronic or processor-based systems, meet the “performance standard” stipulated in FRA's final rule and work as intended in the U.S. rail environment. These new signal and train control technologies are known as “Positive Train Control” (PTC).

Affected Public: Businesses.

Respondent Universe: Railroads.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual burden cost
234.275—Processor-Based Systems—Deviations from Product Safety Plan (PSP)—Letters85 Railroads25 letters4 hours100$3,800
236.18—Software Management Control Plan85 Railroads45 plans100 hours4,500297,000
236.905—Railroad Safety Program Plan (RSPP)85 Railroads15 plans250 hours3,750153,000
—Response to FRA Request For Add'l Information85 Railroads2 documents8 hours16608
—FRA Approval of RSPP Modifications85 Railroads5 amendments60 hours30013,080
236.907—Product Safety Plan (PSP)—Development85 Railroads30 plans240 hours7,200900,000
236.909—Minimum Performance Standard85 Railroads7 petitions8 hours563,696
—Petitions For Review and Approval
—Performance of Full Risk Assessment85 Railroads5 assessments3,000 hours15,0001,875,000
—Subsequent Years—Full Risk Assessment85 Railroads7 assessments1,200 hours8,4001,050,000
—Abbreviated Risk Assessment85 Railroads25 assessments240 hours6,000750,000
—Subsequent Years—Abbrev. Risk Assessment85 Railroads10 assessments60 hours60075,000
Alternative Risk Assessment85 Railroads5 assessments3,000 hours15,0001,875,000
236.911—Exclusions—Notification to FRA85 Railroads20 notifications80 hours1,60060,800
—Election to Have Excluded Products Covered By Submitting a Product Safety Plan (PSP)85 Railroads2 plans240 hours48018,240
236.913—Notification/Submission to FRA of Joint Product Safety Plan85 Railroads5 notices/plans240 hours1,20045,600
—Petitions For Approval/Informational Filings85 Railroads32 petitions40 hours1,28048,640
—Responses to FRA Request for Further Info. After Informational Filing85 Railroads20 documents40 hours80030,400
Start Printed Page 10327
—Responses to FRA Request for Further Info. After Agency Receipt of Notice of Product Development—Technical Consultations85 Railroads5 consultations120 hours60075,000
—Petitions for Final Approval85 Railroads20 petitions40 hours80030,400
—FRA Receipt of Petition & Request For Info85 Railroads10 documents80 hours80030,400
—Agency Consultations To Decide on Petition85 Railroads10 consultations40 hours40015,200
—Other Petitions for Approval85 Railroads5 petitions60 hours30011,400
—FRA acknowledges receipt of petitions85 Railroads10 documents40 hours40015,200
236.913 Petitions for Approval/Informational Filings—CommentsPublic/RR Community10 comments8 hours802,960
Product Safety Plan (PSP)—3rd Party Assessment85 Railroads3 assessments4,000 hours12,0001,500,000
Product Safety Plan—Amendments85 Railroads15 amendments40 hours60022,200
236.917—Retention of Records85 Railroads22 documents40 hours88033,440
Report of Inconsistencies with PSP to FRA85 Railroads40 reports20 hours80030,400
236.919—Operations & Maintenance Manual85 Railroads30 manuals120 hours3,600136,800
—Plans For Proper Maintenance, Repair, Inspection of Safety-Critical Products85 Railroads30 plans200 hours6,000228,000
—Hardware/Software/Firmware Revisions85 Railroads5 revisions40 hours2007,600
—Identification of Safety-Critical Components85 Railroads10,000 markings10 minutes1,66751,667
236.921—Training85 Railroads30 Training Prog400 hours12,000456,000
—Training of Signalmen & Dispatchers85 Railroads220 sessions40 hours/20 hrs8,4001,050,000
236.923—Task Analysis/Basic Reqmnts—Recds85 Railroads4,400 records10 minutes73327,854

Total Responses: 15,145.

Estimated Total Annual Burden: 117,342 hours.

Status: Regular Review.

Title: Post-Traumatic Stress in Train Crew Members After a Critical Incident.

OMB Control Number: 2130-0567.

Abstract: Nearly 1,000 fatalities occur every year in this country from trains striking motor vehicles at grade crossings and individual trespassers along the track. These events can be very traumatic to train crew members, who invariably are powerless to prevent such collisions. Exposure of train crews to such work-related traumas can cause extreme stress and result in safety-impairing behaviors, such as are seen in Post-Traumatic Stress Disorder or Acute Stress Disorder. Most railroads have Critical Incident Stress Debriefing (CISD) intervention programs designed to mitigate problems caused by exposure to these traumas. However, they are quite varied in their approach, and it is not certain which components of these programs are most effective. The purpose of this collection of information is to identify “best practices” for CISD programs in the railroad industry. By means of written and subsequent oral interviews with train crew members that will each take approximately 45 minutes, the approved study aims to accomplish the following: (1) Benchmark rail industry best practices of CISD programs; (2) Establish the extent of traumatic stress disorders due to grade crossing and trespasser incidents in the rail industry (not by region or railroad) and identify at-risk populations; and (3) Evaluate the effectiveness of individual components of CISD programs. It should be noted that only the components of CISD programs will be evaluated, not an individual railroad's overall intervention program.

Affected Public: Train Crew Members.

Respondent Universe: 2,000 Train Crew Members.

Frequency of Submission: On Occasion.

Form(s): FRA F 6180.120; FRA F 6180.121; FRA F 6180.122.

Estimated Annual Burden: 3,000 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 20, 2008.

D.J. Stadtler,

Director, Office of Financial Management, Federal Railroad Administration.

End Signature End Supplemental Information

[FR Doc. E8-3606 Filed 2-25-08; 8:45 am]