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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 the information collection request (ICR) below 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 May 20, 2014.


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 2130-0005.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6479, 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, sec. 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 currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title: Hours of Service Regulations.

OMB Control Number: 2130-0005.

Abstract: FRA amended its hours of service recordkeeping regulations, to add substantive hours of service regulations, including maximum on-duty periods, minimum off-duty periods, and other limitations, for train employees (e.g., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation on August 12, 2011. See 76 FR 50359. The new substantive regulations require that railroads employing such train employees analyze and mitigate the risks for fatigue in the schedules worked by these train employees, and that the railroads submit to FRA for its approval the relevant schedules and fatigue mitigation plans. This final rule also made corresponding changes to FRA's hours of service recordkeeping regulation to require railroads to keep hours of service records and report excess service to FRA in an manner consistent with the new substantive requirements. This regulation was authorized by the Rail Safety Improvement Act (RSIA) of 2008. The information collected under this rule is used by FRA and its inspectors to ensure compliance with the Hours of Service Laws and the requirements of this regulation. In particular, the new information collected as a result of new Subpart F is used by FRA to verify that the employees of covered commuter and intercity passenger railroads do not exceed maximum on-duty periods, abide by minimum off-duty periods, and adhere to other limitations set forth in this regulation to enhance rail safety and reduce the risk of accidents/incidents caused by train employee fatigue, as well as those accident/incidents where fatigue of train employees served as a contributory factor.

Form Number(s): FRA F 6180.3.

Affected Public: Businesses.

Respondent Universe: 768 railroads/signal contractors.

Frequency of Submission: On occasion/monthly.

Reporting Burden: Start Printed Page 15796

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
228.11—Hours of Duty Records768 railroads/signal contractors27,429,750 records1 min./.5 min./10 minutes2,856,125
228.17—Dispatcher's Records of Train Movements150 Dispatch Offices200,750 records3 hours602,250
228.19—Monthly Reports of Excess Service300 railroads2,670 reports2 hours5,340
228.103—Construction of Employee Sleeping Quarters—Petitions to Allow Construction near Work Area50 railroads1 petition16 hours16
228.203—Program Components—Electronic Recordkeeping—Modification for Daylight Savings Time9 railroads5 modifications120 hours600
—System Security/Individual User I.D./ Program Logic Capabilities/Search Capabilities9 railroads1 program with system security etc.720 hours720
228.205—Access to Electronic Records—System Access Procedures for Inspectors768 railroads/signal contractors100 electronic records access procedures30 minutes50
228.207—Training in Use of Electronic System—Initial Training768 railroads/signal contractors47,000 trained employees1 hour47,000
—Refresher Training768 railroads/signal contractors2200 trained employees1 hour2,200
49 U.S.C. 21102(b)—The Federal Hours of Service Laws—Petitions for Exemption from Laws10 railroads2 petition10 hours20
228.403—Exemption Requests from Passenger/Commuter Railroads280 railroads5 exemption requests8 hours40
—Initial Exemption Requests from Tourist/Excursion Railroads140 railroads10 exemption requests2 hours20
—Renewal Exemption Requests from Tourist/Excursion Railroads140 railroads5 exemption requests30 minutes3
228.407—Analysis of Work Schedules Submissions168 railroads28 analyses8 hours2,240
—Reports to FRA of Work Schedules that Violate Fatigue Threshold168 railroads20 reports2 hours40
—Fatigue Mitigation Plans Submitted to FRA168 railroads15 plans4 hours60
—Submission of Work Schedules Using Validation Model Violating Threshold that can Be Mitigated by Tools168 railroads15 submissions4 hours60
—Submission of Work Schedules Using Validation Model Violating Threshold that cannot Be Mitigated by Tools168 railroads5 submissions4 hours20
—Railroad Determination of Necessary Schedules168 railroads20 decisions2 hours40
—Railroad Declaration that No Work Schedule Needs to Be Submitted to FRA for Violating Fatigue Threshold168 railroads148 written declarations1 hour148
—Corrected Work Schedules/Etc.168 railroads2 documents2 hours4
—Submission of Follow-Up Analysis by Railroad Due to Work Schedule Change168 railroads28 analyses4 hours112
—Corrected Work Schedules/Etc.168 railroads2 documents2 hours4
—Updated Fatigue Mitigation Plans168 railroads28 plans4 hours112
—Railroad Consultation with Employees168 railroads20 consults4 hours80
—Filed Statements with FRA by Employees and Employee Organizations Unable to Reach Consensus with Railroad on Work Schedules or Mitigation ToolsRailroad Employees/Employee Organizations5 statements2 hours10
228.411—Training Programs168 railroads29 programs20 hours580
—Employee Initial Training168 railroads10,200 trained employees1 hour10,200
—New Employees Initial Training168 railroads150 trained employees1 hour150
—Records of Training168 railroads10,350 records5 minutes863
—Written Declaration by Tourist Railroads for Exclusion from This Section's Requirements140 railroads100 written declarations1 hour100
—Appendix D: Guidance on Fatigue Management Plan168 railroads4 plans15 hours60

Estimated Annual Burden: 3,529,267 hours.

Status: Extension 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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Start Printed Page 15797 Authority: 44 U.S.C. 3501-3520.

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Rebecca Pennington,

Chief Financial Officer.

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[FR Doc. 2014-06159 Filed 3-20-14; 8:45 am]