15960 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices

route through the additional area to the

CSX Harriman Yard would be on

existing rail, not new rail, and would

add routine transient traffic to an

existing facility. EPA also requests data

on how many of the affected people are

low-income minorities. With the

proposed Walnut Hill spur, the project

impact area has approximately 53

persons (2.3 percent of the total

population) who are both minority and

low-income. Without the Walnut Hill

spur (the coal goes to the CSX Harriman

Yard), the impact area would have

approximately 109 persons (2.8 percent

of the total population) who are lowincome minorities. TVA does not

believe that these impacts are

disproportionately high.

After carefully considering EPA

comments, TVA has decided to

implement Alternative C as identified in

its Final EIS.

Environmentally Preferable Alternative

Because Alternative A, No Action,

would result in no change in existing

conditions, it could be characterized as

the environmentally preferable

alternative. However, Alternative A

does not accomplish the goal of

reducing fuel costs. Further, none of the

action alternatives would be

environmentally destructive and none

would likely result in significant

environmental impacts. Of the action

alternatives, Alternative C is

environmentally preferable due to fewer

impacts to wetlands and prime

farmlands.

Environmental Consequences and

Commitments

In choosing Alternative C, all

practical means to avoid or minimize

environmental harm have been adopted.

These measures are listed below:

• To minimize noise impacts in the

rural Swan Pond Circle community, the

radius of track curvature would be kept

as high as possible to minimize wheelsqueal. Noise will also be reduced by

the use of welded rail in the Swan Pond

community area. Also, all construction

equipment will be equipped with noise

attenuating devices, such as mufflers

and insulated engine housings.

• On-site open burning will not be

conducted when an air stagnation

advisory or a special dispersion

statement issued by the National

Weather Service is in effect for the area.

Where necessary, a water wagon will be

used to control dust associated with

construction activities.

• Should a potentially adverse water

pollution incident occur in association

with construction, state regulators and

upstream and downstream water supply

operators will be notified. During

construction, Best Management

Practices for silt control will be utilized,

including straw dikes, filter fabric, and

where necessary, retention basins.

• Sinkhole subsidence or collapse

will be avoided by appropriate planning

and design based on sound geotechnical

investigations. Proper spill prevention

procedures will be put in place to

prevent contamination of groundwater

from fuels, oils, and solvents during

construction.

• Appropriate hydraulic analyses will

be performed to ensure that the project

is consistent with local floodplain

regulations.

• Direct impacts to riparian zone

forests at the Emory River bridge

crossing will be minimized by crossing

the river at a 90-degree angle.

• Wetlands will be avoided in the

Swan Pond embayment by keeping all

construction for the rail spur above the

750-foot elevation except at stream

crossings.

• Phase II and III archaeological

surveys will be conducted during the

Spring of 1997 to determine the

significance of the four archaeological

sites in the corridor, and to allow any

needed data recovery from the sites.

• TVA will design the final centerline

alignment such that the distance

between road crossings is greater than

7000 feet.

Dated: March 10, 1997.

Gregory M. Vincent,

Vice President, Fuel Supply and Engineering

Fossil and Hydro Power.

[FR Doc. 97–8513 Filed 4–2–97; 8:45 am]

BILLING CODE 8120–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Proposed Agency Information

Collection Activities; Comment

Request

AGENCY: Federal Railroad

Administration, DOT.

ACTION: Notice.

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 llll.’’

Alternatively, comments may be

transmitted via facsimile to (202) 632–

3843 or (202) 632–3876, or by E-mail to

Ms. Swanson at

gloria.swanson@fra.dot.gov, or to Ms.

Johnson at

maryann.johnson@fra.dot.gov. 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)
Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices 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:

Information collection requirement Respondent universe Total responses Average time per response

Total annual

burden

hours

Request for Glazing Material ................... 5 Manufacturers ................ 105 requests ..................... 30 minutes ......................... 265

Preparing and recording glazing marking

information.

5 Manufacturers ................ 20,000 pieces of glazing

material.

480 per hour ...................... 41.7

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 requirement Respondent universe Total annual responses Average time per response

Total annual 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.
15962 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices

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 requirement Respondent universe Total annual responses Average time per response

Total annual burden

hours

Part 217.7—Filing of operating rules,

timetable and timetable special instructions.

1 new railroad ............... 1 filing ........................... 1 hour ............................ 1.

217.7—Filing of amendments to operating rules, timetables and timetable special instructions.25 railroads ................... 75 amendments ............ .33 hour ......................... 25.

217.7—Record keeping requirement—Class III railroads—copy of

operating rules, timetables, and

timetable special instructions.

25 new Class III RRs .... 25 records ..................... .92 hour ......................... 23.

217.7—Class III RRs—Amendments

to operating rules, timetables, and

timetable special instructions.

595 railroads ................. 1,785 amendments ....... 15 minutes .................... 446.

217.9

—Program for periodic performance of operational tests and

inspections.

25 new railroads ........... 25 filings ........................ 9.92 hours ..................... 25.

—Filing of amendments to the

program for periodic performance of operational tests and

inspections.

620 railroads ................. 3,100 amendments ....... 1.92 hour ....................... 5,952.

—Records of operational tests

and inspections.

620 railroads ................. 495,000 records ............ 15 minutes .................... 123,750.

—Written summary ..................... 55 railroads ................... 55 summaries ............... 7 hours .......................... 385.

217.11

—Program for periodic instructions of its employees.25 railroads ................... 25 programs .................. 9.92 hours ..................... 248.

—Amendments to operating

rules instruction program.

620 railroads ................. 75 amendments ............ .92 hour ......................... 69.

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
Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices 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.

Information collection requirement Respondent universe Total annual responses Average time per response

Total annual

burden

hours

Application for Participation:

—Annual update ............................... 16 States ........................... 16 updates ........................ 2.5 hours ........................... 40

—Exhibit 3—training funding agreement.32 States ........................... 32 agreements .................. 1 hour ................................ 32

Annual Work Plan .................................... 32 States ........................... 32 reports .......................... 30 hours ............................ 960

Motive Power and Equipment Violation

Report (6180.68, 68A, and 69).

18 States ........................... 335 reports ........................ 1 hour ................................ 335

Operating Practices Violation Report

(6180.67).

9 States ............................. 40 reports .......................... 1 hour ................................ 40

Violation of Hazardous Materials Inspection Reports (FRA F 6180.67).10 States ........................... 64 reports .......................... 13 hours ............................ 832

Violations of Locomotive Inspection Act

Reports (FRA F 6180.10).

15 States ........................... 27 reports .......................... 40 minutes ......................... 18

Violation of Safety Appliance Law Report

(FRA F 6180.29 & 29A).

17 States ........................... 53 reports .......................... 1 hour ................................ 53

Violation of Hours of Service Law Report

(FRA F 6180.33).

9 States ............................. 21 reports .......................... 1 hour ................................ 21

Violation of Accident/Incident Reporting

Rules Report (FRA F 6180.61).

9 States ............................. 10 reports .......................... 1 hour ................................ 5

Inspection Report (FRA F 6180.96, 96A,

and 96B).

32 States ........................... 12,500 reports ................... 33 minutes ......................... 6,875

Remedial Action Report ........................... 32 States ........................... 5,048 reports ..................... 15 minutes ......................... 1,262

Remedial Action Report—Written explanation.620 railroads ..................... 1,010 written explanations 1 hour ................................ 1,010

Remedial Action Report—Delayed Reports.620 railroads ..................... 505 reports ........................ 30 minutes ......................... 253

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
15964 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices

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 requirement Respondent universe Total annual responses Average time per response

Total annual burden

hours

240.9—Waivers .................................. 620 Railroads ................ 10 waivers ..................... 1 hour ............................ 10.

240.101/103/107/109/119/121/123/

125/127/129/303/Appendix B—Certification Program.

3 new Railroads ............ 3 programs with student

training.

200 hours ...................... 600.

22 new railroads ........... 22 programs without

student program.

40 hours ........................ 880.

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 certification candidates.11,333 certifications ...... 15 minutes .................... 2,833.

—National Driver Register Data N/A ................................ N/A ................................ N/A ................................ Approved under OMB #

2127–0001.

—Request for NDR data from a

State agency.

1,133 candidates .......... 1,133 requests .............. 30 minutes .................... 567.

—Response from State agency

on request for NDR data.

4 States ......................... 1,133 responses ........... 15 minutes .................... 283.

—Railroad Notification to candidate when there is an NDR

match and subsequent request

from candidate to State agency for relevant data.

227 candidates ............. 227 notifications/requests.30 minutes .................... 114.

240.111(g)—Notice to railroad of absence of license.34,000 candidates ........ 4 notices ....................... 15 minutes .................... 1.

240.113—Notice to railroad furnishing

data on prior safety conduct as an

employee of a different railroad.

227 candidates ............. 227 notices ................... 45 minutes .................... 170.

240.115—Candidate’s review and

written comments on prior safety

conduct data.

340 candidates ............. 340 responses .............. 30 minutes .................... 170.

240.201/221—List of designated supervisor of locomotive engineers.620 railroads ................. 620 updates .................. 15 minutes .................... 155.

240.201/221—List of Designated

qualified locomotive engineers.

620 railroads ................. 620 updates .................. 15 minutes .................... 155.

240.201/223/301:

—Locomotive engineers certificate.620 railroads ................. 11,333 certificates ......... 5 minutes ...................... 944.

—List of designated persons authorized to sign locomotive engineers certificate.620 railroads ................. 20 lists ........................... 15 minutes .................... 5.

240.205—Data to EAP Counselor ..... 227 candidates ............. 227 requests ................. 5 minutes ...................... 19.

240.207—Medical Certificate ............. 11,333 candidates ........ 11,333 certificates ......... 70 minutes .................... 13,222.

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 locomotive engineer.620 railroads ................. 11,333 records .............. 10 minutes .................... 1,889.

Denial of certification:

—notification and candidate’s response.620 railroads ................. 1,113 denials—responses.1.5 hours ....................... 1,700.

—notification to candidate of adverse decision.620 railroads ................. 1,113 notifications ......... 1 hour ............................ 1,113.

240.227—Canadian certification data llll railroads ......... 200 certifications ........... 15 minutes .................... 50.

240.303—Annual Operational Monitor

Test.

620 railroads ................. 34,000 tests .................. 1 hour ............................ 34,000.

Annual Operational Observation ........ 620 railroads ................. 34,000 tests .................. 2 hours .......................... 68,000.

240.305—Engineer’s notification of

non-qualification.

34,000 engineers .......... 340 notifications ............ 15 minutes .................... 85.

240.305—Engineer’s notice of loss of

qualification.

34,000 engineers .......... 510 notices ................... 1 hour ............................ 510.

240.307—Notice to engineer of disqualification.620 railroads ................. 3,400 notices ................ 1 hour ............................ 3,400.

Railroad Annual Review ..................... 75 railroads ................... 75 reviews ..................... 80 hours ........................ 6,000.

Engineer’s appeal to FRA when a

certification is denied, revoked or

suspended.

34,000 engineers .......... 70 petitions ................... 30 minutes .................... 35.
Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices 15965

Information collection requirement Respondent universe Total annual responses Average time per response

Total annual burden

hours

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

§§ 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.

Information collection requirement Respondent universe Total annual responses Average time per response

Total annual

burden

hours

228.11-Hours of duty records .................. 400 railroads ..................... 5.475 million records ......... 7 minutes ........................... 638,750

228.17-Dispatchers record of train movement.150 dispatch offices .......... 54,750 records .................. 2 hours .............................. 109,500

228/19-Monthly reports of excess service 400 railroads ..................... 1,500 reports ..................... 15 minutes ......................... 375

228.103-Construction of employee sleeping quarters.400 railroads ..................... 1 petition ............................ 16 hours ............................ 16

45 U.S.C. 61–641-Hours of Service ActRequest of exemption.15 railroads ....................... 15 petitions ........................ 10 hours ............................ 150

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

§ 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
15966 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Notices

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.

Information collection requirement Respondent universe Total annual responses Average time per response

Total annual

burden

hours

Track Inspection Records ........................ 620 railroads ..................... 1,622,000 inspection miles 10 miles of track inspected

per hour + 5 min. for Report preparation.

1,757,166

Internal Rail Flaws .................................... 620 railroads ..................... N/A .................................... N/A .................................... 6,608

Records of Qualified Track Inspectors ..... 620 railroads ..................... 2,000 updates ................... 30 minutes ......................... 1,000

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

Reports, Form and Recordkeeping

Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

SUMMARY: In accordance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the Information Collection Request (ICR)

abstracted below has been forwarded to

the Office of Management and Budget

(OMB) for review and comment based

on revisions to the current collection.

Four of the several rules to amend 49

CFR Part 225, published on December

23, 1996 (61 FR 67477) contain

amendments to the approved

information collection activities, while

one adds a new information collection

requirement. 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 collection of information was

published on December 24, 1996 (61 FR,

page 67869).

DATES: Comments must be submitted on

or before May 5, 1997.

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 Ms. Mary

Ann 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:

Federal Railroad Administration

Office of Safety

Title: Accident/Incident Reporting

and Recordkeeping.

OMB No.: 2130–0500.

Affected Public: 679 Railroads.

Abstract: FRA uses this information to

identify hazardous conditions

associated with rail transportation and

to assure compliance with railroad

safety laws. FRA is excepting from the

requirements regarding an Internal

Control Plan delineated in § 225.33(a)(3)

through (a)(10) the following: (i)

Railroads that operate or own track on

the general railroad system of

transportation (general system) that

have 15 or fewer employees covered by

the hours of service laws (49 U.S.C.

21101–21107) and (ii) railroads that

operate or own track exclusively off the

general system. However, these

excepted railroads must adopt and

comply with the intimidation and

harassment policies outlined in

§ 225.33(a) (1) and (2). FRA has

developed model statements of policy

on intimidation and harassment to be

posted by these excepted railroads. 2.

FRA is also excepting from the

recordkeeping requirements regarding

accountable injuries and illnesses and

accountable rail equipment accidents/

incidents found in § 225.25(a) through

the following railroads: (i) Railroads that

operate or own track on the general

system that have 15 or fewer employees

covered by the hours of service laws (49

U.S.C. 21101–21107) and (ii) railroads

that operate or own track exclusively off

the general system. 3. Further, FRA is

excepting railroads that operate or own

track exclusively off the general system

from all the requirements of Part 225 to

record or report injuries and illnesses

incurred by all classifications of persons

that result from most non-train

incidents. (A small subcategory of nontrain incidents involving in-service ontrack equipment must continue to be

reported and recorded.) 4. In order to

minimize the burden of requiring the

preparer’s signature on each and every

monthly list of reportable injuries and

illnesses to be posted for each railroad’s

establishments, FRA is amending

§ 225.25(h)(12) so as to provide railroads

with an alternative to signing each

establishment’s monthly list.

Specifically, the preparer of the monthly

list of reportable injuries and illnesses

for the railroad may instead sign a cover

sheet or memorandum attaching the

monthly lists for each establishment for

that railroad. The cover sheet

memorandum must list all the

establishments that post the monthly

list of reportable injuries and illnesses

and must be signed by the preparer. 5.

Finally, FRA is amending § 225.25(h),

by adding § 225.25(h)(15), to address

any possible concerns with privacy

rights of the employee by providing that

the railroad is permitted not to post

information on an injury or illness

reported to FRA, if the employee who

incurred the injury or illness makes a

request in writing to the railroad’s