[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Notices]
[Pages 15960-15966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8540]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


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 8 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 2, 1997.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Ms. Gloria Swanson, Office of 
Planning and Evaluation Division, RRS-21, Federal Railroad 
Administration, 400 Seventh Street, SW, Washington, DC 20590, or Ms. 
MaryAnn Johnson, Office of Information Technology and Productivity 
Improvement, RAD-20, Federal Railroad Administration, 400 Seventh 
Street, SW, 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 
________.'' Alternatively, comments may be transmitted via facsimile to 
(202) 632-3843 or (202) 632-3876, or by E-mail to Ms. Swanson at 
<a href="/cdn-cgi/l/email-protection#6c0b00031e050d421f1b0d021f03022c0a1e0d42080318420b031a"><span class="__cf_email__" data-cfemail="85e2e9eaf7ece4abf6f2e4ebf6eaebc5e3f7e4abe1eaf1abe2eaf3">[email protected]</span></a>, or to Ms. Johnson at 
<a href="/cdn-cgi/l/email-protection#0e636f7c776f606020646166607d61604e687c6f206a617a20696178"><span class="__cf_email__" data-cfemail="d1bcb0a3a8b0bfbfffbbbeb9bfa2bebf91b7a3b0ffb5bea5ffb6bea7">[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: Ms. Gloria Swanson, Office of Planning 
and Evaluation division, RRS-21, Federal Railroad Administration, 400 
Seventh Street, SW, Washington, DC 20590 (telephone: (202) 632-3318) or 
MaryAnn Johnson, Office of Information Technology and Productivity 
Improvement, RAD-20, Federal Railroad Administration, 400 Seventh 
Street, SW, Washington, DC 20590 (telephone (202) 632-3226). (These 
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Pub. L. 104-13, section 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)(i), 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)

[[Page 15961]]

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 8 currently approved information 
collection activities that FRA will submit for clearance by OMB as 
required by the PRA:
    Title: Certification of Glazing Material.
    OMB Control Number: 2130-0525.
    Abstract: The Federal Railroad Administration's Safety Glazing 
Standards (49 CFR part 223) establish minimum requirements for glazing 
materials to protect individuals from personal injury as a result of 
objects striking the windows of locomotives, passenger cars and 
cabooses. Specifically, appendix A of part 223 establishes requirements 
for the certification and permanent marking of glazing materials by the 
manufacturer along with the responsibility of the manufacturer to make 
available test verification data to railroads and the FRA upon request. 
The certification, marking and supporting testing data assure the 
railroads and the FRA that the particular type of glazing material has 
been tested and verified for use as either FRA Type I or Type II 
glazing.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 5 Manufacturers of Glazing Material.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                                        Total   
      Information collection                                                     Average time per       annual  
           requirement              Respondent universe     Total responses          response           burden  
                                                                                                        hours   
----------------------------------------------------------------------------------------------------------------
Request for Glazing Material.....  5 Manufacturers.....  105 requests........  30 minutes..........          265
Preparing and recording glazing    5 Manufacturers.....  20,000 pieces of      480 per hour........         41.7
 marking information.                                     glazing material.                                     
New certification tests..........  1 Manufacturer......  1 every five years..  70 hours............           14
----------------------------------------------------------------------------------------------------------------

    Respondent Universe: 5 Glazing Material Manufacturers.
    Estimated Total Annual Burden Hours: 320.7.
    Status: Regular Review.
    Title: Rear-end Marking Devices.
    OMB Control Number: 2130-0523.
    Abstract: On January 11, 1977, FRA issued part 221 (Rear End 
Marking Device--Passenger, Commuter and Freight Trains) of Title 49, 
Transportation. Through the requirements of part 221, FRA ensures that 
marking devices for the trailing end of rear cars meet minimum 
requirements regarding visibility and display. The regulations 
establish the performance standards for ``highly visible'' marking 
devices in order to be approved by the Federal Railroad Administrator. 
The required submissions and record keeping requirements enable FRA's 
enforcement personnel to effectively control the use of illegal, 
ineffective, or approved devices which do not provide sufficient 
``visibility'' to maintain the desired degree of safety in train 
operations.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 5 new railroads.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
     Information collection           Respondent         Total annual      Average time per      Total annual   
           requirement                 universe            responses           response          burden hours   
----------------------------------------------------------------------------------------------------------------
Request for approval............  5 railroads.......  5 requests........  4 hour............  20.               
Recordkeeping...................  5 railroads.......  5 records.........  6 minutes.........  30 min.           
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 20.5 hours.
    Status: Regular Review.
    Title: Transmission of Train Order by Radio.
    OMB Control Number: 2130-0524.
    Abstract: As a result of increasing human-factor related accident 
rates, including those accidents attributed to misuse of radios in 
railroad operations, the Federal Railroad Administration determined 
that there was a need for stricter rules governing the use of radios in 
railroad operations. Many unsafe practices in the use of radios in 
railroad operations were occurring routinely. On January 27, 1977, the 
Federal Railroad Administration (FRA) published in the Federal Register 
a final rule establishing a new part 220 (Radio Standards and 
Procedures) which prescribes mandatory procedures governing the use of 
radio communications in connection with railroad operations. FRA's 
Office of Safety personnel review this information to determine that 
the minimum standards established by the regulation are being met and 
will enable both the railroads and the FRA to focus attention on these 
procedures which are unique to radio-train operations. FRA's analysis 
of the submittal will enable it to identify unsafe operating practices 
in the use of radio communications in railroad operations. If the 
submissions were not required, accidents would then be the primary 
method of identification and prevention efforts would be hampered.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 620 railroads.
    Frequency of Submission: On occasion (record keeping).
    Total Responses: 7,200,000 train orders annually.
    Average Time Per Response: 2 minutes.

[[Page 15962]]

    Estimated Total Annual Burden Hours: 240,000 hours.
    Status: Regular Review.
    Title: Railroad Operating Rules and Radio Standards and Procedures.
    OMB Control Number: 2130-0035.
    Abstract: As a result of an increasing number of accidents caused 
by human factors, the Federal Railroad Administration (FRA) determined 
that railroad operating rules, implemented by all of the nation's 
railroads, needed regulatory review. On November 23, 1974, FRA issued 
part 217 (Railroad Operating Rules). 39 FR 41175 (1974). These rules 
were substantially revised on August 22, 1994. The requirements of this 
rule enable FRA to monitor each railroad's compliance with its 
operating rules regarding the movement of trains and other rolling 
equipment in the railroad industry and the operating rules instructions 
that each railroad provides to its employees. FRA's Office of Safety 
analyzes the information in considering waiver petitions, accident 
investigations, and inquires into operating practices on selected 
railroads. Information will also enable the FRA to review amendments to 
railroad operating rules, timetables, and timetable special 
instructions and evaluate those changes in reference to operational 
safety. Furthermore, this information enables FRA to monitor a 
railroad's compliance with its operating rules and evaluate a 
railroad's program to achieve employee compliance with its operating 
rules. If this information was not made available to FRA, such 
nondisclosure would impede prevention efforts, leaving accidents as the 
primary method to identify unsafe railroad operating practices.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe:
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
     Information collection           Respondent         Total annual      Average time per      Total annual   
           requirement                 universe            responses           response          burden hours   
----------------------------------------------------------------------------------------------------------------
Part 217.7--Filing of operating   1 new railroad....  1 filing..........  1 hour............  1.                
 rules, timetable and timetable                                                                                 
 special instructions.                                                                                          
217.7--Filing of amendments to    25 railroads......  75 amendments.....  .33 hour..........  25.               
 operating rules, timetables and                                                                                
 timetable special instructions.                                                                                
217.7--Record keeping             25 new Class III    25 records........  .92 hour..........  23.               
 requirement--Class III            RRs.                                                                         
 railroads--copy of operating                                                                                   
 rules, timetables, and                                                                                         
 timetable special instructions.                                                                                
217.7--Class III RRs--Amendments  595 railroads.....  1,785 amendments..  15 minutes........  446.              
 to operating rules, timetables,                                                                                
 and timetable special                                                                                          
 instructions.                                                                                                  
217.9                                                                                                           
    --Program for periodic        25 new railroads..  25 filings........  9.92 hours........  25.               
     performance of operational                                                                                 
     tests and inspections.                                                                                     
    --Filing of amendments to     620 railroads.....  3,100 amendments..  1.92 hour.........  5,952.            
     the program for periodic                                                                                   
     performance of operational                                                                                 
     tests and inspections.                                                                                     
    --Records of operational      620 railroads.....  495,000 records...  15 minutes........  123,750.          
     tests and inspections.                                                                                     
    --Written summary...........  55 railroads......  55 summaries......  7 hours...........  385.              
217.11                                                                                                          
    --Program for periodic        25 railroads......  25 programs.......  9.92 hours........  248.              
     instructions of its                                                                                        
     employees.                                                                                                 
    --Amendments to operating     620 railroads.....  75 amendments.....  .92 hour..........  69.               
     rules instruction program.                                                                                 
220.21(b)--Radio Operating Rules  620 railroads.....  N/A...............  N/A...............  No additional     
                                                                                               burden--covered  
                                                                                               under 217.7.     
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 130,924.
    Status: Regular Review.
    Title: State Safety Participation Regulations.
    OMB Control Number: 2130-0509.
    Abstract: October 16, 1970, Congress enacted the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 435). This Act gave the Secretary of 
Transportation the authority to prescribe, as necessary, appropriate 
rules, regulations, orders, and standards for all areas of railroad 
safety.
    In order to establish nationally uniform railroad regulations, the 
statute envisioned that the Federal Government would be responsible for 
the establishment and primary enforcement of railroad safety 
regulations. To assist in achieving this goal, conflicting state rules 
were preempted. In lieu of their prior role, states were given the 
opportunity to participate with the Federal Government in carrying out 
a portion of the investigative and surveillance activities relating to 
any safety rules issued under this statute.
    FRA implemented this statutory concept with the adoption of the 
State Participation Regulation in 1975 (49 CFR part 212) which provided 
the necessary administrative and legal framework for enforcement and 
funding purposes. Federal funding for the state participation program 
was eliminated in Fiscal Year 1986.
    State inspectors are now authorized to work in all FRA inspection 
disciplines. States can currently inspect track, freight cars, 
locomotives, brake systems, operating practices, safety glazing, safety 
appliances, hazardous materials, and signal systems.
    FRA continues to assist the states in (1) certifying their 
inspectors and provides on-the-job and classroom training and (2) 
coordinating and consolidating state inspection plans into FRA's 
National Inspection Plan. This plan is revised annually to reflect 
current safety issues and to establish the priority of national 
inspection efforts

[[Page 15963]]

and ensure coordination with state safety programs.
    The information is collected in order to comply with Federal 
railroad safety laws and regulations concerning the State Participation 
Program. Inspection information received from state agencies on their 
railroad safety investigative and surveillance activities will be used 
by FRA to implement the statutory laws. A portion of the information is 
needed to establish the legal authority for certain aspects in 
processing administrative or litigation responses in noncompliance 
situations. The final portion of the information is needed for the 
overall administration and management of the program. These data are 
used in monitoring the effectiveness of the program and in preparing 
various annual safety reports including mandated reports to the 
Congress. From this information, FRA can determine if the State 
Participation Program is being productive and properly managed.
    Form Number(s): 6180.10, 29, 29A, 67, 68, 68A, 69, 79, 96, 96A, 
96B.
    Affected Public: Businesses.
    Respondent Universe: 49 States.
    Frequency of Submission: On occasion; Record keeping; Annually.

----------------------------------------------------------------------------------------------------------------
                                                                                                        Total   
      Information collection                                 Total annual        Average time per       annual  
           requirement              Respondent universe        responses             response           burden  
                                                                                                        hours   
----------------------------------------------------------------------------------------------------------------
Application for Participation:                                                                                  
    --Annual update..............  16 States...........  16 updates..........  2.5 hours...........           40
    --Exhibit 3--training funding  32 States...........  32 agreements.......  1 hour..............           32
     agreement.                                                                                                 
Annual Work Plan.................  32 States...........  32 reports..........  30 hours............          960
Motive Power and Equipment         18 States...........  335 reports.........  1 hour..............          335
 Violation Report (6180.68, 68A,                                                                                
 and 69).                                                                                                       
Operating Practices Violation      9 States............  40 reports..........  1 hour..............           40
 Report (6180.67).                                                                                              
Violation of Hazardous Materials   10 States...........  64 reports..........  13 hours............          832
 Inspection Reports (FRA F                                                                                      
 6180.67).                                                                                                      
Violations of Locomotive           15 States...........  27 reports..........  40 minutes..........           18
 Inspection Act Reports (FRA F                                                                                  
 6180.10).                                                                                                      
Violation of Safety Appliance Law  17 States...........  53 reports..........  1 hour..............           53
 Report (FRA F 6180.29 & 29A).                                                                                  
Violation of Hours of Service Law  9 States............  21 reports..........  1 hour..............           21
 Report (FRA F 6180.33).                                                                                        
Violation of Accident/Incident     9 States............  10 reports..........  1 hour..............            5
 Reporting Rules Report (FRA F                                                                                  
 6180.61).                                                                                                      
Inspection Report (FRA F 6180.96,  32 States...........  12,500 reports......  33 minutes..........        6,875
 96A, and 96B).                                                                                                 
Remedial Action Report...........  32 States...........  5,048 reports.......  15 minutes..........        1,262
Remedial Action Report--Written    620 railroads.......  1,010 written         1 hour..............        1,010
 explanation.                                             explanations.                                         
Remedial Action Report--Delayed    620 railroads.......  505 reports.........  30 minutes..........          253
 Reports.                                                                                                       
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 11,736.
    Status: Regular Review.
    Title: Qualification of Locomotive Engineers.
    OMB Control Number: 2130-0533.
    Abstract: Section 4 of the Rail Safety Improvement Act of 1988 
required FRA to adopt rules prescribing the licensing or certification 
of locomotive operators. Under the statute those rules were to be 
structured so that (1) FRA approves the qualification standards set by 
railroads; (2) FRA prescribes minimum training requirements; (3) FRA 
requires comprehensive knowledge of relevant operating procedures; and 
(4) consideration of motor vehicle driving records (including data on 
file with the National Driver Register maintained by National Highway 
Traffic Safety Administration) (NHTSA) is provided for. On June 19, 
1991, FRA issued a final rule on Qualifications for Locomotive 
Engineers implementing the requirements of Section 4 of the Rail Safety 
Improvement Act of 1988.
    Information collection requirements concerning individuals 
primarily will be used by railroads to evaluate each person's 
qualification to be a locomotive operator. Secondary usage will be made 
by FRA in monitoring those qualification determinations and in certain 
circumstances (appeals of improper denial or revocation of 
certification) direct review of the person's fitness to be a locomotive 
operator. Information concerning an individual encompasses four areas: 
(1) Eligibility to be a locomotive operator based on prior conduct; (2) 
physical fitness to perform the task in terms of visual and hearing 
acuity; (3) possession of adequate knowledge to perform the task as 
demonstrated by successful passage of examinations; and (4) possession 
of adequate operational skills as demonstrated by successful passage of 
performance skill tests. In the absence of the data or any subset of 
this data, it will not be possible for a railroad to determine whether 
a person is qualified to operate a locomotive. Stated conversely, 
railroads will be free to certify unqualified persons to operate 
locomotives. Furthermore, absent such data it would not be possible for 
FRA to determine whether a railroad had acted appropriately in granting 
or denying a person certification.
    Information collection requirements concerning particular railroads 
will be used by FRA to evaluate the quality of each railroad's 
localized aspect of the overall program. Information concerning each 
railroad's program encompasses eight areas: (1) The selection of 
designated supervisors of locomotive engineers, (2) the selection of 
the classes of service for engineers, (3) the evaluation of the safety 
conduct of engineers, (4) the evaluation of engineers' hearing and 
visual acuity, (5) the education of engineers, (6) the testing of 
engineers, (7) the operational monitoring of engineers, and (8) the 
procedural aspects of the operation of the certification program. In 
the absence of the data or any subset of this data, it will not be 
possible for FRA to

[[Page 15964]]

determine whether a railroad has an appropriate method for determining 
that a person is qualified to operate a locomotive.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 620 Railroads.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
     Information collection           Respondent         Total annual      Average time per      Total annual   
           requirement                 universe            responses           response          burden hours   
----------------------------------------------------------------------------------------------------------------
240.9--Waivers..................  620 Railroads.....  10 waivers........  1 hour............  10.               
240.101/103/107/109/119/121/123/  3 new Railroads...  3 programs with     200 hours.........  600.              
 125/127/129/303/Appendix B--                          student training.                                        
 Certification Program.                                                                                         
                                  22 new railroads..  22 programs         40 hours..........  880.              
                                                       without student                                          
                                                       program.                                                 
                                  25 railroads......  25 reviews........  1 hour............  25.               
240.111/Appendix C--Request for                                                                                 
 State driving license data and                                                                                 
 National Driver Register Data:                                                                                 
    --Driver's license data.....  11,333              11,333              15 minutes........  2,833.            
                                   certification       certifications.                                          
                                   candidates.                                                                  
    --National Driver Register    N/A...............  N/A...............  N/A...............  Approved under OMB
     Data.                                                                                     # 2127-0001.     
    --Request for NDR data from   1,133 candidates..  1,133 requests....  30 minutes........  567.              
     a State agency.                                                                                            
    --Response from State agency  4 States..........  1,133 responses...  15 minutes........  283.              
     on request for NDR data.                                                                                   
    --Railroad Notification to    227 candidates....  227 notifications/  30 minutes........  114.              
     candidate when there is an                        requests.                                                
     NDR match and subsequent                                                                                   
     request from candidate to                                                                                  
     State agency for relevant                                                                                  
     data.                                                                                                      
240.111(g)--Notice to railroad    34,000 candidates.  4 notices.........  15 minutes........  1.                
 of absence of license.                                                                                         
240.113--Notice to railroad       227 candidates....  227 notices.......  45 minutes........  170.              
 furnishing data on prior safety                                                                                
 conduct as an employee of a                                                                                    
 different railroad.                                                                                            
240.115--Candidate's review and   340 candidates....  340 responses.....  30 minutes........  170.              
 written comments on prior                                                                                      
 safety conduct data.                                                                                           
240.201/221--List of designated   620 railroads.....  620 updates.......  15 minutes........  155.              
 supervisor of locomotive                                                                                       
 engineers.                                                                                                     
240.201/221--List of Designated   620 railroads.....  620 updates.......  15 minutes........  155.              
 qualified locomotive engineers.                                                                                
240.201/223/301:                                                                                                
    --Locomotive engineers        620 railroads.....  11,333              5 minutes.........  944.              
     certificate.                                      certificates.                                            
    --List of designated persons  620 railroads.....  20 lists..........  15 minutes........  5.                
     authorized to sign                                                                                         
     locomotive engineers                                                                                       
     certificate.                                                                                               
240.205--Data to EAP Counselor..  227 candidates....  227 requests......  5 minutes.........  19.               
240.207--Medical Certificate....  11,333 candidates.  11,333              70 minutes........  13,222.           
                                                       certificates.                                            
240.209/211/213:                                                                                                
    --Written test..............  620 railroads.....  11,333 tests......  2 hours...........  22,666.           
    --Performance test..........  620 railroads.....  11,333 tests......  2 hours...........  22,666.           
Recordkeeping for each certified  620 railroads.....  11,333 records....  10 minutes........  1,889.            
 locomotive engineer.                                                                                           
Denial of certification:                                                                                        
    --notification and            620 railroads.....  1,113 denials--     1.5 hours.........  1,700.            
     candidate's response.                             responses.                                               
    --notification to candidate   620 railroads.....  1,113               1 hour............  1,113.            
     of adverse decision.                              notifications.                                           
240.227--Canadian certification   ________ railroads  200 certifications  15 minutes........  50.               
 data.                                                                                                          
240.303--Annual Operational       620 railroads.....  34,000 tests......  1 hour............  34,000.           
 Monitor Test.                                                                                                  
Annual Operational Observation..  620 railroads.....  34,000 tests......  2 hours...........  68,000.           
240.305--Engineer's notification  34,000 engineers..  340 notifications.  15 minutes........  85.               
 of non-qualification.                                                                                          
240.305--Engineer's notice of     34,000 engineers..  510 notices.......  1 hour............  510.              
 loss of qualification.                                                                                         
240.307--Notice to engineer of    620 railroads.....  3,400 notices.....  1 hour............  3,400.            
 disqualification.                                                                                              
Railroad Annual Review..........  75 railroads......  75 reviews........  80 hours..........  6,000.            
Engineer's appeal to FRA when a   34,000 engineers..  70 petitions......  30 minutes........  35.               
 certification is denied,                                                                                       
 revoked or suspended.                                                                                          

[[Page 15965]]

                                                                                                                
Railroad's Response to Appeal...  620 railroads.....  70 appeal cases...  15 minutes........  18.               
Request for a Hearing...........  70 engineers......  14 requests.......  30 minutes........  7.                
Appeals.........................  14 engineers......  2 appeals.........  30 minutes........  1.                
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 182,293.
    Status: Regular Review.
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.
    Abstract: These requirements resulted from enactment of the Hours 
of Service Act of 1907, later revised in 1969 by Pub. L. 91-169. 
Further amendments were enacted as part of the Federal Railroad Safety 
Authorization Act of 1976, Pub. L. 94-348. The stated purpose of the 
Act is ``* * * to promote the safety of employees and travelers upon 
railroads by limiting the hours of service of employees * * *.''
    Congress enacted the Act because of the many serious accidents that 
were occurring before the limitations were imposed. The Act specified 
the maximum working hours of employees engaged in one or more critical 
categories of work. Through the requirements of 49 CFR part 228, the 
Federal Railroad Administration administers the requirements of the 
Hours of Service Act.
    The record keeping requirements contained in 49 CFR part 228 were 
designed to collect the hours of duty for covered employees, and 
records of train movements. Railroads whose employees have exceeded 
maximum duty limitations must report the circumstances. These 
requirements serve as a deterrent to violations and to document 
violations for prosecution. Loss of life caused by excess service today 
is practically nonexistent.
    The regulations pertaining to construction of employee sleeping 
quarters are contained in subpart C of 49 CFR part 228 (Hours of 
Service of Railroad Employees). A railroad that has developed plans for 
construction or reconstruction of sleeping quarters must obtain 
approval of the Federal Railroad Administration by filing a petition 
conforming to the requirements of Secs. 228.101, 228.103, and 228.105.
    FRA's Office of Safety utilizes the information while performing 
compliance, violation and accident investigations. Without this 
information, FRA would be impeded during enforcement and a railroad 
would permit excess service to occur.
    The information contained in the petitions for approval for 
construction of employee sleeping quarters is used by FRA headquarters 
staff to prepare and issue the public notice, by regional staff in 
investigation of the petitions, and by the Associate Administrator for 
Safety to render an informed and logical approval or denial of such 
petitions.
    Form Number(s): 6180.3.
    Affected Public: Businesses.
    Respondent Universe: 400 railroads.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
                                                                                                        Total   
      Information collection                                 Total annual        Average time per       annual  
           requirement              Respondent universe        responses             response           burden  
                                                                                                        hours   
----------------------------------------------------------------------------------------------------------------
228.11-Hours of duty records.....  400 railroads.......  5.475 million         7 minutes...........      638,750
                                                          records.                                              
228.17-Dispatchers record of       150 dispatch offices  54,750 records......  2 hours.............      109,500
 train movement.                                                                                                
228/19-Monthly reports of excess   400 railroads.......  1,500 reports.......  15 minutes..........          375
 service.                                                                                                       
228.103-Construction of employee   400 railroads.......  1 petition..........  16 hours............           16
 sleeping quarters.                                                                                             
45 U.S.C. 61-641-Hours of Service  15 railroads........  15 petitions........  10 hours............          150
 Act-Request of exemption.                                                                                      
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 748,791.
    Status: Regular Review.
    Title: Designation of Qualified Persons (Track) and Records of 
Results of Track Inspections.
    OMB Control Number: 2130-0010.
    Abstract: The Track Standards (49 CFR part 213) establish 
requirements for the inspection of all track to determine its 
suitability for train operation and Section 213.7 prescribes that 
inspections for determination of safety compliance must be conducted by 
persons possessing the necessary qualifications and authority to 
institute immediate remedial action. Since the first indications of 
impending safety defects must be recognized and acted upon by the 
railroad employee assigned to inspect track, it is imperative that the 
individual assigned possess the experience and knowledge required to 
effectively perform that function. The railroads are required to assure 
themselves that any person assigned to inspect track or repair track is 
indeed qualified and to maintain a list of those employees. The form of 
that record is left to the discretion of the railroad and may be 
computerized. However, the record must show each designation in effect 
and the basis for each designation. These records must be kept current 
and available to Federal and State track inspectors engaged in the 
enforcement of the Track Standards.
    Subpart F of the Track Standards (49 CFR part 213) establishes 
requirements for the inspection of all track by qualified persons to 
determine its suitability for train operation and Sec. 213.241 
prescribes that appropriate records of those inspections are maintained 
at the railroad's division headquarters. The form of that record is 
left to the discretion of the railroad and may be either preprinted or 
computerized. However, the record must show when the inspection was 
made, the specific track inspected, any conditions which require repair 
and must be signed by the inspector. Track inspection records must be 
retained at the railroad's division headquarters for one year. Rail 
inspection records must be retained for two years after the inspection.
    These reports are used initially by the railroad companies to see 
that tracks are inspected periodically, that the inspectors are 
properly qualified, that the tracks are in safe condition for train 
operations, and the reports may be used for maintenance planning where 
repetitive defective conditions occur.
    These same inspection reports are examined periodically by Federal 
and State investigators to determine the

[[Page 15966]]

railroad's compliance with the inspection frequency requirement of the 
Track Safety Standards and persons assigned to inspect tracks have been 
properly designated. By comparison of remedial action notations on the 
reports with actual track conditions, it is possible to judge the 
quality of railroad performed inspections. The railroads employ some 
5,000 persons who are routinely engaged in track inspection and the 
review of these reports may reveal weaknesses, if any, in the 
railroad's inspection and maintenance program or discrepancies in 
employee designation. The absence of these inspection reports would 
substantially harm the Government's railroad safety program.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 620 railroads.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
                                                                                                        Total   
      Information collection                                 Total annual        Average time per       annual  
           requirement              Respondent universe        responses             response           burden  
                                                                                                        hours   
----------------------------------------------------------------------------------------------------------------
Track Inspection Records.........  620 railroads.......  1,622,000 inspection  10 miles of track       1,757,166
                                                          miles.                inspected per hour              
                                                                                + 5 min. for Report             
                                                                                preparation.                    
Internal Rail Flaws..............  620 railroads.......  N/A.................  N/A.................        6,608
Records of Qualified Track         620 railroads.......  2,000 updates.......  30 minutes..........        1,000
 Inspectors.                                                                                                    
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 1,764,774.
    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.
    Issued in Washington, DC, on March 31, 1997.
Marie S. Savoy,
Director, Office of Information Technology and Support Systems, Federal 
Railroad Administration.
[FR Doc. 97-8540 Filed 4-2-97; 8:45 am]
BILLING CODE 4910-62-M


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