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###### Department of Transportation

###### Federal Railroad Administration 

          - [Docket No. FRA-2009-0001-N-1] 

# AGENGY:

Federal Railroad Administration, DOT. 

# ACTION:

Notice and Request For Comments. 

# SUMMARY:

                        In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501*et seq.*), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The                         **Federal Register**                         notice with a 60-day comment period soliciting comments on the following collections of information was published on November 3, 2008 (73 FR 65441).                     

# DATES:

Comments must be submitted on or before February 13, 2009. 

# FOR FURTHER INFORMATION CONTACT:

Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292), or Ms. Nakia Jackson, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6073). (These telephone numbers are not toll-free.) 

# SUPPLEMENTARY INFORMATION:

                    The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 3, 2008, FRA published a 60-day notice in the                     **Federal Register**                     soliciting comment on ICRs that the agency was seeking OMB approval. 73 FR 65441. FRA received no comments after issuing this 60-day notice. Accordingly, DOT announces that these information collection activities have been re-evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c).                 

                    Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d);                     *see also*60 FR 44978, 44983,                           ( print page 2154)                        Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c);                     *see also*60 FR 44983, Aug. 29, 1995.                 

The summaries below describe the nature of the information collection requirements (ICRs) and the expected burden. The revised requirements are being submitted for clearance by OMB as required by the PRA. 

*Title:*                     Inspection and Maintenance Standards For Steam Locomotives.                 

*OMB Control Number:*                     2130-0505.                 

*Type of Request:*                     Extension of a currently approved collection.                 

*Affected Public:*                     Railroads.                 

*Abstract:*                     The Locomotive Boiler Inspection Act (LBIA) of 1911 requires each railroad subject to the Act to file copies of its rules and instructions for the inspection of locomotives. The original LBIA was expanded to cover the entire steam locomotive and tender and all its parts and appurtenances. This Act then requires carriers to make inspections and to repair defects to ensure the safe operation of steam locomotives. The collection of information is used by tourist or historic railroads and by locomotive owners/operators to provide a record for each day a steam locomotive is placed in service, as well as a record that the required steam locomotive inspections are completed. Additionally, the collection of information is used by FRA Federal inspectors to verify that necessary safety inspections and tests have been completed, and to ensure that steam locomotives are indeed “safe and suitable” for service and are properly operated and maintained.                 

*Annual Estimated Burden Hours:*                     314 hours.                 

*Title:*                     Identification of Cars Moved in Accordance with Order 13528.                 

*OMB Control Number:*                     2130-0506.                 

*Type of Request:*                     Extension of a currently approved collection.                 

*Affected Public:*                     Railroads.                 

*Abstract:*                     This collection of information identifies a freight car being moved within the scope of Order 13528 (now codified under 49 CFR 232.3). Otherwise, an exception will be taken, and the car will be set out of the train and not delivered. The information that must be recorded is specified at 49 CFR 232.3(d)(3), which requires that a car be properly identified by a card attached to each side of the car and signed stating that such movement is being made under the authority of the order. § 232.3(d)(3) does not require retaining cards or tags. When a car bearing a tag for movement under this provision arrives at its destination, the tags are simply removed.                 

*Annual Estimated Burden Hours:*                     67 hours.                

*Title:*                     U.S. Locational Requirement for Dispatching U.S. Rail Operations.                 

*OMB Control Number:*                     2130-0556.                 

*Type of Request:*                     Extension of a currently approved collection.                 

*Affected Public:*                     Railroads.                 

*Abstract:*                     Part 241 requires, in the absence of a waiver, that all dispatching of railroad operations that occurs in the United States be performed in this country, with a minor exception. A railroad is allowed to conduct extraterritorial dispatching from Mexico or Canada in emergency situations, but only for the duration of the emergency. A railroad relying on the exception must provide written notification of its action to the FRA Regional Administrator of each FRA region in which the railroad operation occurs; such notification is not required before addressing the emergency situation. The information collected under this rule is used as part of FRA's oversight function to ensure that extraterritorial dispatchers comply with applicable safety regulations.                 

*Annual Estimated Burden Hours:*                     8 hours.                 

*Addressee:*                     Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention: FRA Desk Officer. Alternatively, comments may be sent via e-mail to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, at the following address:                     *oira_submissions@omb.eop.gov*.                 

*Comments are invited on the following:*                     Whether the proposed collections of information are necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of automated collection techniques or other forms of information technology.                 

                    A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the                     **Federal Register**                    .                 

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

Issued in Washington, DC on January 9, 2009. 

Kimberly Orben, 

Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. E9-614 Filed 1-13-09; 8:45 am] 

BILLING CODE 4910-06-P