[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34796-34797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13534]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requirement (ICR) abstracted below has been forwarded to the 
Office of Management and Budget (OMB) for review and comment. The ICR 
describes the nature of the information collection and its expected 
burden. The Federal Register notice with a 60-day comment period 
soliciting comments on the following collections of information was 
published on February 16, 2000 (65 FR 7913).

DATES: Comments must be submitted on or before June 30, 2000.

FOR FURTHER INFORMATION CONTACT: 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 Dian Deal, Office of Information Technology and 
Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 
Vermont Ave., NW, Mail Stop 35, Washington, DC 20590 (telephone: (202) 
493-6133). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: 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. sections 3501-3520), and its implementing regulations, 5 
CFR Part 1320, require Federal agencies to issue two notices seeking 
public comment on information collection activities before OMB may 
approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 
1320.8(d)(1), 1320.12. On February 16, 2000, FRA published a 60-day 
notice in the Federal Register soliciting comment on ICRs that the 
agency was seeking OMB approval. 65 FR 7913. FRA received no comments 
in response to this notice.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30 days for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or 
disapprove paperwork packages between 30 and 60 days after the 30 day 
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also 
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice 
informs the regulated community to file relevant comments and affords 
the agency adequate time to digest public comments before it renders a 
decision. 60 FR 44983, Aug. 29, 1995. Therefore respondents should 
submit their respective comments to OMB within 30 days of publication 
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information 
collection requirements (ICRs) and the expected burden. The revised 
requirements are being submitted for clearance by OMB as required by 
the PRA.
    Title: Railroad Locomotive Safety Standards and Event Recorder.
    OMB Control Number: 2130-0004.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Form(s): FRA F 6180.49A.
    Abstract: Under regulations issued pursuant to Congressional 
mandate, 49 U.S.C. 20137, trains must be equipped with event recorders. 
Event recorders are devices that record train speed, hot box detection, 
throttle position, brake application, brake operations, time and signal 
conditions, and any other function that FRA considers necessary to 
monitor the safety of train operations. Event recorders provide FRA 
with information about how trains are operated, and if a train is 
involved in an accident, the devices afford data to FRA and other 
investigators necessary to determine the probable causes of the 
accident. Moreover, under 49 CFR Part 229, railroads are required to 
conduct daily, periodic, annual, and biennial tests of locomotives to 
measure the level of compliance with Federal regulations. The 
collection of information requires railroads to prepare written records 
indicating the repairs needed, the person making the repairs, and the 
type of repairs made. This information provides a locomotive engineer 
with information that the locomotive has been inspected and is in 
proper condition for use in service, and enables FRA to monitor 
compliance with the regulatory standards.

    Title: Railroad Signal System Requirements.
    OMB Control Number: 2130-0006.
    Type of Request: Extension of the currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.14; FRA F 6180.47.
    Abstract: The regulations pertaining to railroad signal systems are 
contained in 49 CFR Parts 233 (Signal System Reporting Requirements), 
235 (Instructions Governing Applications for Approval of a 
Discontinuance or Material Modification of a Signal System), and 236 
(Rules, Standards, and Instructions Governing the Installation, 
Inspection, Maintenance, and Repair of Systems, Devices, and 
Appliances). Section 233.5 provides that each railroad must report to 
FRA within 24 hours after learning of an accident or incident arising 
from the failure of a signal appliance, device, method, or system to 
function or indicate as required by Part 236 of this title that

[[Page 34797]]

results in a more favorable aspect than intended or other condition 
hazardous to the movement of a train. Section 233.7 sets forth the 
specific requirements for reporting signal failures within 15 days in 
accordance with the instructions printed on Form FRA F 6180.14. 
Finally, Section 233.9 sets forth the specific requirements for the 
``Signal System Five Year Report.'' It requires that every five years 
each railroad must file a signal system status report. The report is to 
be prepared on a form issued by FRA in accordance with the instructions 
and definitions provided.
    Title 49, part 235 of the Code of Federal Regulations, sets forth 
the specific conditions under which FRA approval of modification or 
discontinuance of railroad signal systems is required and prescribes 
the methods available to seek such approval. The application process 
prescribed under Part 235 provides a vehicle enabling FRA to obtain the 
necessary information to make logical and informed decisions concerning 
carrier requests to modify or discontinue signaling systems. Section 
235.5 requires railroads to apply for FRA approval to discontinue or 
materially modify signaling systems. Section 235.7 defines ``material 
modification'' and identifies those changes that do not require agency 
approval. Section 235.8 provides that any railroad may petition FRA to 
seek relief from the requirements provided under 49 CFR Part 236.
    Sections 236.10, 235.12, and 235.13 describe where the petition 
must be submitted, what information must be included, the 
organizational format, and the official authorized to sign the 
application. Section 235.20 sets forth the process for protesting the 
granting of a carrier application for signal changes or relief from the 
rules, standards, and instructions. This section provides the 
information that must be included in the protest, the address for 
filing the protest, the time limit for filing the protest, and the 
requirement that a person requesting a public hearing explain the need 
for such a forum. Section 236.110 required that the test results of 
certain signaling apparatus be recorded and specifically identify the 
tests required under Secs. 236.102-109; Secs. 236.376 to 236.387; 
Secs. 236.576, 236.577; and Secs. 236.586-236.589. Section 236.110 
further provides that the test results must be recorded on pre-printed 
or computerized forms provided by the carrier and that the forms show 
the name of the railroad; place and date of the test conducted; 
equipment tested; tests results; repairs, replacements, and adjustments 
made; and the condition of the apparatus. This section also requires 
that the employee conducting the test must sign the form and the record 
be retained at the office of the supervisory official having proper 
authority. Results of tests made in compliance with Sec. 236.587 must 
be retained for 92 days, and results of all other tests must be 
retained until the next record is filed, but in no case less than one 
year. Additionally, Sec. 236.587 requires each railroad to make a 
departure test of cab signal, train stop, or train control devices on 
locomotives before that locomotive enters the equipped territory. This 
section further requires that whoever performs the test must certify in 
writing that the test was properly performed. The certification and the 
test results must be posted in the locomotive cab with a coy of the 
certification and test results retained at the office of a supervisory 
official having proper authority. However, if it is impractical to 
leave a copy of the certification and test results at the location of 
the test, the test results must be transmitted to either the dispatcher 
or one other designated official at each location, who must keep a 
written record of the test results and the name of the person 
performing the test. All records prepared under this section are 
required to be retained for 92 days. Finally, Section 236.590 requires 
the carrier to clean and inspect the pneumatic apparatus of automatic 
train stop, train control, or cab signal devices on locomotives every 
736 days, and to stencil, tag, or otherwise mark the pneumatic 
apparatus indicating the last cleaning date.
    Annual Estimated Burden Hours: 480,326 hours.
    Title: Locomotive Certification (Noise Compliance Regulations).
    OMB Control Number: 2130-0527.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Abstract: On January 14, 1976, the Environmental Protection Agency 
(EPA) issued noise emission standards pursuant to the Noise Control Act 
of 1972. The standards, 40 CFR Part 201, establish limits on the noise 
emissions generated by railroad locomotives under both stationary and 
moving conditions. Section 17 of the Noise Control Act also requires 
the Secretary of Transportation to enforce these regulations and 
promulgate separate regulations to ensure compliance with the same. On 
December 23, 1983, FRA published 49 CFR Part 210 to ensure compliance 
with the EPA standards. The certification and testing data ensure that 
locomotives built after December 31, 1979 have passed prescribed 
decibel standards for noise emissions under EPA regulations.
    Addressee: Send comments regarding these information collections to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 Seventeenth Street, N.W., Washington, D.C., 20503; 
Attention: FRA Desk Officer.
    Comments are invited on the following: Whether the proposed 
collections of information are necessary for the proper performance of 
the functions of FRA, including whether the information will have 
practical utility; the accuracy of FRA's estimates of the burden of the 
proposed information collections; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collections of information on respondents, including 
the use of automated collection techniques or other forms of 
information technology.
    A comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this notice in the Federal 
Register.

    Authority: 44 U.S.C. 3501-3520.


    Issued in Washington, D.C. on May 24, 2000.
Margaret B. Reid,
Acting Director, Office of Information Technology and Support Systems, 
Federal Railroad Administration.
[FR Doc. 00-13534 Filed 5-30-00; 8:45 am]
BILLING CODE 4910-06-P