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Proposed Agency Information Collection Activities; Comment Request

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Federal Railroad Administration (FRA), Department of Transportation (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 January 17, 2012.


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 17, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20, 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 2130-0526.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via email to Mr. Brogan at, or to Ms. Toone 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 17, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (These telephone numbers are not toll-free.)

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The Paperwork Reduction Act of 1995 (PRA), Public Law 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 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.

Form Number(s): FRA F 6180.73; FRA F 6180.74.

Affected Public: Businesses.

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
219.7—Waivers100,000 employees2 letters2 hours4
219.9(b)(2)—Responsibility for compliance450 railroads2 requests1 hour2
219.9(c)—Responsibility for compliance450 railroads10 contracts/docs2 hours20
219.11(d)—General conditions for chemical tests450 railroads30 forms2 minutes1
219.11(g) Training—Alcohol and Drug5 railroads5 programs3 hours15
—Programs: New Railroads
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—Training50 railroads50 training class3 hours150
219.23(d)—Notice to Employee Organizations5 railroads5 notices1 hour5
219.104/219.107—Removal from Covered Svc.450 railroads500 form letters2 minutes17
—Hearing Procedures450 railroads50 requests2 minutes2
219.201(c) Good Faith Determination450 railroads2 reports30 minutes1
219.203/207/209—Notifications by Phone to FRA450 railroads104 phone calls10 minutes17
219.205—Sample Collection and Handling450 railroads400 forms15 minutes100
—Form covering accidents/incidents450 railroads100 forms10 minutes17
219.209(a)—Reports of Tests and Refusals450 railroads80 phone rpts2 minutes3
219.209(c)—Records—Tests Not Promptly Conducted450 railroads40 records30 minutes20
219.211(b) & (c)—Analysis and follow-up—MRO450 railroads8 reports15 minutes2
219.401/403/405—Voluntary referral and Co-worker report policies5 railroads5 report policies20 hours100
219.405(c)(1)—Report by Co-worker450 railroads450 reports5 minutes38
219.403/405—SAP Counselor Evaluation450 railroads700 reports30 minutes350
219.601(a)—RR Random Drug Testing Programs5 railroads5 programs1 hour5
—Amendments450 railroads20 amendments1 hour20
219.601(b)(1)—Random Selection Proc.—Drug450 railroads5,400 documents4 hours21,600
219.601(b)(4); 219.601(d)—Notices to Employees5 railroads100 notices30 seconds1
—New Railroads5 railroads5 notices10 hours50
—Employee Notices—Tests450 railroads25,000 notices1 minute417
219.603(a)—Specimen Security—Notice By Employee Asking to be Excused from Urine Testing20,000 employees20 doc. excuses15 minutes5
219.607(a)—RR Random Alcohol Testing Programs5 new railroads5 programs8 hours40
—Amendments to Approved Program450 railroads20 amendments1 hour20
219.901/903—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing450 railroads100,500 records5 minutes8,375
—Summary Report of Breath Alcohol/Drug Test450 railroads200 reports2 hours400

Respondent Universe: 450 railroads.

Frequency of Submission: On occasion.

Total Responses: 133,818.

Estimated Total Annual Burden: 31,797 hours.

Status: Extension without Change of a Currently Approved Collection.

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 November 14, 2011.

Kimberly Coronel,

Director, Office of Financial Management, Federal Railroad Administration.

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[FR Doc. 2011-29738 Filed 11-16-11; 8:45 am]