[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20478-20480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8007]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0006-N-4]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: 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.

DATES: Comments must be received no later than June 4, 2012.

ADDRESSES: 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-----
--.'' Alternatively, comments may be transmitted via facsimile to (202) 
493-6216 or (202) 493-6497, or via email to Mr. Brogan at 
<a href="/cdn-cgi/l/email-protection#05776a676077712b67776a62646b45616a712b626a73"><span class="__cf_email__" data-cfemail="9ae8f5f8ffe8eeb4f8e8f5fdfbf4dafef5eeb4fdf5ec">[email protected]</span></a>, or to Ms. Toone at <a href="/cdn-cgi/l/email-protection#214a484c4344534d580f554e4e4f4461454e550f464e57"><span class="__cf_email__" data-cfemail="5e3537333c3b2c3227702a3131303b1e3a312a70393128">[email protected]</span></a>. 
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.

FOR FURTHER INFORMATION CONTACT: 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.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, 2, 109 Stat. 163 (1995) (codified as revised at 44 
U.S.C. Sec. Sec.  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 are brief summaries of eight currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required under the PRA:
    OMB Control Number: 2130-0006.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    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

[[Page 20479]]

system to function or indicate as required by Part 236 of this Title 
that 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 railroad signaling 
systems. Section 235.7 defines material modifications 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 under 49 CFR part 236. Sections 235.10, 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 item 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 requires that the test 
results of certain signaling apparatus be recorded and specifically 
identify the tests required under sections 236.102-109; sections 
236.377-236.387; sections 236.576; 236.577; and section 236.586-589. 
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, test results, repairs, and the condition 
of the apparatus. This section also requires that the employee 
conducting the test must sign the form and that the record be retained 
at the office of the supervisory official having the proper authority. 
Results of tests made in compliance with sections 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, section 236.587 requires each railroad to make a 
departure test 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 test results must be posted in the locomotive cab 
with a copy of the certification and test results retained at the 
office of the supervisory official having the 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 
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.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
233.5--Reporting of accidents....  754 railroads......  10 phone calls.....  30 minutes.........               5
233.7--False proceed signal        754 railroads......  100 reports........  15 minutes.........              25
 failures report.
233.9--Signal System Five Year     754 railroads......  754 reports........  60 minutes.........             754
 Report.
235.5--Block signal applications.  80 railroads.......  111 applications...  10 hours...........           1,110
235.8--Applications for relief...  80 railroads.......  24 relief requests.  2.5 hours..........              60
235.20--Protest letters..........  80 railroads.......  50 protest letters.  30 minutes.........              25
236.110--Record keeping..........  80 railroads.......  936,660 forms......  27 minutes/........         393,397
                                                                             15 minutes.........
236587--Departure tests..........  18 railroads.......  730,000 tests......  4 minutes..........          48,667
236.590--Pneumatic valves........  18 railroads.......  6,697 stencilings/   22.5 minutes.......           2,511
                                                         tags.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 1,674,406.
    Total Estimated Annual Burden: 446,554 hours.
    Status: Regular Review.
    Title: U.S. DOT Crossing Inventory Form.
    OMB Control Number: 2130-0017.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): FRA F 6180.71.
    Abstract: Form FRA F 6180.71 is a voluntary form, and is used by 
States and railroads to periodically update certain site specific 
highway-rail crossing information which is then transmitted to FRA for 
input into the National Inventory File. This information has been 
collected on the U.S. DOT-AAR Crossing Inventory Form (previous 
designation of this form) since 1974 and maintained in the National 
Inventory File database since 1975. The primary purpose of the National 
Inventory File is to provide for the existence of a uniform database 
which can be merged with accidents data and used to analyze information 
for planning and implementation of crossing safety programs by public, 
private, and governmental agencies responsible for highway-rail 
crossing safety. Following the official establishment of the National 
Inventory in 1975, the Federal Railroad Administration (FRA) assumed 
the principal responsibility as custodian for the maintenance and 
continued development of the U.S. DOT/AAR National Highway-Rail 
Crossing Inventory Program. The major goal of the Program is to provide 
Federal, State, and local governments, as well as the railroad 
industry, information for the improvement of safety at highway-rail 
crossings. Good management practices

[[Page 20480]]

necessitate maintaining the database with current information. The data 
will continue to be useful only if maintained and updated as inventory 
changes occur. FRA previously cleared the reporting and recordkeeping 
burden for this form under Office of Management and Budget (OMB) 
Clearance Number 2130-0017. OMB approved the burden for this form 
through July 31, 2006. FRA is requesting a new three year approval from 
OMB for this information collection.
    Respondent Universe: 754 Railroads.
    Frequency of Submission: On occasion; monthly.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
Crossing Inventory--Forms........  754 railroads......  3,820 forms........  30 minutes.........           1,910
Crossing Inventory--Mass Update    754 railroads......  269 printouts        30 minutes.........             135
 Printouts.                                              (4,625 updated
                                                         records).
Crossing Inventory--Disc/Tape      754 railroads......  650 discs/tapes      30 minutes.........             325
 (non-GX).                                               (95,666 records
                                                         updated).
Crossing Inventory--GX 32          754 railroads......  12,848 records       6 minutes..........           1,285
 Electronic Updates.                                     updated.
Special Mass Changes.............  754 railroads......  36,679 records       Automatic..........               0
                                                         updated.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 153,638.
    Estimated Total Annual Burden: 3,655 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.

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

    Dated: Issued in Washington, DC, on March 29, 2012.
Rebecca Pennington,
Director, Office of Financial Management, Federal Railroad 
Administration.
[FR Doc. 2012-8007 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-06-P


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