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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 22, 2013.


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. 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 2130-0533.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6170, 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 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. 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 Start Printed Page 11949information 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: 733 railroads.

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

Reporting Burden

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
240.9—Waivers733 railroads3 waiver petitions1 hour3
240.101/103—Cert. Prog.—Amendmnts733 railroads50 amendments1 hour50
—Cert. Prog.—New20 railroads20 programs40 hours800
—Final Review20 railroads20 reviews1 hour20
—Material Modification to Program733 railroads30 modified prog.45 minutes23
240.105(b)—Selection Criteria for DSLEs—Exams733 railroads50 examinations1 hour50
(c) Written Reports/Determinations of DSLE Performance Skills10 railroads10 reports1 hour10
240.109/App. C—Prior Safety Conduct Data17,667 candidates25 responses60 minutes25
240.111/App C—Driver's License Data17,667 candidates17,667 requests15 minutes4,417
—NDR Match—notifications and requests for data733 railroads177 notices + 177 requests15 min. + 15 min.89
—Written response from candidate on driver's lic. data candidates733 railroads20 cases/comments15 minutes5
240.111(g)—Notice to RR of Absence of License53,000 candidates4 letters15 minutes1
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op.733 railroads200 phone calls10 minutes33
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR17,667 candidates353 requests + 353 responses15 min./30 min.265
240.119—Self-referral to EAP re: active substance abuse disorder53,000 locomotive engineers50 self-referrals5 minutes4
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads20 railroads20 copies15 minutes5
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification733 railroads20 reports1 hour20
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards—Notice by Employee733 railroads10 notifications15 minutes3
240.127—Criteria for Examining Skill Performance—Modification to Certification Program to Include Scoring System733 railroads46 amended programs + 687 amended programs48 hours + 8 hours7,704
240.201/221—List of Qualified DSLEs733 railroads733 updates60 minutes733
240.201/221—List of Qualified Loco. Engineers733 railroads733 updated lists60 minutes733
240.201/223/301—Loco. Engineers Certificate53,000 candidates17,667 certificates5 minutes1,472
—False entry on certificatesN/AN/AN/AN/A
240.205—Data to EAP Counselor733 railroads177 records5 minutes15
240.207—Medical Certificate Showing Hearing/Vision Standards are Met53,000 candidates17,667 certificates70 minutes20,612
—Written determinations waiving use of corrective device733 railroads10 determinations2 hours20
240.219—Denial of Certification17,667 candidates30 letters + 30 responses1 hour60
—Notification to Employee of Adverse Decision733 railroads30 notifications1 hour30
240.227—Canadian Certification DataN/AN/AN/AN/A
240. 229—Joint Operations—Notice—not qualified321 railroads184 employee calls5 minutes15
240.309—RR Oversight Resp.: Detected Poor Safety Conduct—Annotation15 railroads6 annotations15 minutes2
Testing Requirements:
240.209/213—Written Tests53,000 candidates17,667 tests2 hours35,334
240.211/213—Performance Test53,000 candidates17,667 tests2 hours35,334
240.303—Annual operational monitor observation53,000 candidates53,000 tests/docs.2 hours106,000
240.303—Annual operating rules compliance test53,000 candidates53,000 tests1 hour53,000
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240.215—Retaining Info. Supporting Determination733 railroads17,667 records30 minutes8,834
240.305—Engineer's Notice of Non-Qualification to RR —Relaying53,000 engineers or candidates100 notifications5 minutes8
—Certification Denial or Revocation Status to other certifying railroad1,060 engineers2 letters30 minutes1
240.307—Notice to Engineer of Disqualification733 railroads900 letters1 hour900
240.309—Railroad Annual Review51 railroads51 reviews40 hours2,040
—Report of findings51 railroads12 reports1 hour12

Total Responses: 217,325.

Estimated Total Annual Burden: 278,682 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 13, 2013.

Rebecca Pennington,

Chief Financial Officer, Federal Railroad Administration.

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[FR Doc. 2013-03869 Filed 2-19-13; 8:45 am]