Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12443 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2009–0001–N–6] 

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 the following currently 

approved information collection 

activities. Before submitting these 

information collection requirements for 

clearance by the Office of Management 

and Budget (OMB), FRA is soliciting 

public comment on specific aspects of 

the activities identified below. 

DATES: Comments must be received no 

later than May 26, 2009. 

ADDRESSES: Submit written comments 

on any or all of the following proposed 

activities by mail to either: Mr. Robert 

Brogan, Office of Safety, Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590, or Ms. Nakia 

Jackson, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave., 

SE., Mail Stop 35, Washington, DC 

20590. Commenters requesting FRA to 

acknowledge receipt of their respective 

comments must include a self-addressed 

stamped postcard stating, ‘‘Comments 

on OMB control number__.’’ 

Alternatively, comments may be 

transmitted via facsimile to (202) 493– 

6216 or (202) 493–6497, or via e-mail to 

Mr. Brogan at robert.brogan@dot.gov, or 

to Ms. Jackson at 

nakia.jackson@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: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave., SE., Mail Stop 17, 

Washington, DC 20590 (telephone: (202) 

493–6292) or Ms. 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 No. 104–13, § 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)(1), 1320.12(a). Specifically, 

FRA invites interested respondents to 

comment on the following summary of 

proposed information collection 

activities regarding (i) whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (ii) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (iii) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (iv) ways for FRA to 

minimize the burden of information 

collection activities on the public by 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). See 44 U.S.C. 

3506(c)(2)(A)(I)–(iv); 5 CFR 

1320.8(d)(1)(I)–(iv). FRA believes that 

soliciting public comment will promote 

its efforts to reduce the administrative 

and paperwork burdens associated with 

the collection of information mandated 

by Federal regulations. In summary, 

FRA reasons that comments received 

will advance three objectives: (i) Reduce 

reporting burdens; (ii) ensure that it 

organizes information collection 

requirements in a ‘‘user friendly’’ format 

to improve the use of such information; 

and (iii) accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

Below are brief summaries of three 

currently approved information 

collection activities that FRA will 

submit for clearance by OMB as 

required under the PRA: 

Title: Filing of Dedicated Cars. 

OMB Control Number: 2130–0502. 

Abstract: Title 49, Part 215 of the 

Code of Federal Regulations, prescribes 

certain conditions to be followed for the 

movement of freight cars that are not in 

compliance with this Part. These cars 

must be identified in a written report to 

FRA before they are assigned to 

dedicated service, and the words 

‘‘Dedicated Service’’ must be stenciled 

on each side of the freight car body. 

FRA uses the information to determine 

whether the equipment is safe to operate 

and that the operation qualifies for 

dedicated service. See 49 CFR 

215.5(c)(2), 215.5(d). 

Form Number(s): N/A. 

Affected Public: Businesses. 

Respondent Universe: 718 railroads. 

Frequency of Submission: On 

occasion. 

Total Estimated Responses: 4. 

Total Estimated Annual Burden: 4 

hours. 

Status: Regular Review. 

Title: Remotely Controlled Switch 

Operations. 

OMB Control Number: 2130–0516. 

Abstract: Title 49, Section 218.30 of 

the Code of Federal Regulations (CFR), 

ensures that remotely controlled 

switches are lined to protect workers 

who are vulnerable to being struck by 

moving cars as they inspect or service 

equipment on a particular track or, 

alternatively, occupy camp cars. FRA 

believes that production of notification 

requests promotes safety by minimizing 

mental lapses of workers who are 

simultaneously handling several tasks. 

Sections 218.30 and 218.67 require the 

operator of remotely controlled switches 

to maintain a record of each notification 

requesting blue signal protection for 15 

days. Operators of remotely controlled 

switches use the information as a record 

documenting blue signal protection of 

workers or camp cars. This record also 

serves as a valuable resource for railroad 

supervisors and FRA inspectors 

monitoring regulatory compliance. 

Form Number(s): N/A. 

Affected Public: Businesses. 

Respondent Universe: 718 railroads. 

Frequency of Submission: On 

occasion. 

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12444 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

CFR section Respondent 

universe Total annual responses 

Average time 

per response 

(minutes) 

Total annual 

burden hours 

218.30—Blue signal protection of workmen .......................... 70 railroads .. 3,600,000 notifications ............. 2 120,000 

218.77—Protection of occupied camp cars ........................... 4 railroads .... 2,300 notifications .................... 4 153 

Total Estimated Responses: 3,602,300. 

Total Estimated Annual Burden: 

120,153 hours. 

Status: Regular Review. 

Title: Bad Order and Home Shop 

Card. 

OMB Control Number: 2130–0519. 

Abstract: Under 49 CFR Part 215, each 

railroad is required to inspect freight 

cars placed in service and take the 

necessary remedial action when defects 

are identified. Part 215 defects are 

specific in nature and relate to items 

that have or could have caused 

accidents or incidents. Section 215.9 

sets forth specific procedures that 

railroads must follow when it is 

necessary to move defective cars for 

repair purposes. For example, railroads 

must affix a ‘‘bad order’’ tag describing 

each defect to each side of the freight 

car. It is imperative that a defective 

freight car be tagged ‘‘bad order’’ so that 

it may be readily identified and moved 

to another location for repair purposes 

only. At the repair point, the ‘‘bad 

order’’ tag serves as a repair record. 

Railroads must retain each tag for 90 

days to verify that proper repairs were 

made at the designated location. FRA 

and State inspectors review all pertinent 

records to determine whether defective 

cars presenting an immediate hazard are 

being moved in transportation. 

Form Number(s): N/A. 

Affected Public: Businesses. 

Frequency of Submission: On 

occasion. 

CFR section Respondent 

universe Total annual responses 

Average time 

per response 

(minutes) 

Total annual 

burden hours 

215.9—Movement of Defective Cars for Repair—Tagging .... 718 railroads 120,000 tags ............................ 5 10,000 

—Notifications of Removal of Defective Car Tags ................. 718 railroads 60,000 notifications .................. 2 2,000 

215.11—Designated Inspectors—Records ............................ 718 railroads 45,000 records ......................... 1 750 

Respondent Universe: 718 railroads. 

Total Estimated Responses: 225,000. 

Total Estimated Annual Burden: 

12,750 hours. 

Status: Regular Review. 

Pursuant to 44 U.S.C. 3507(a) and 5 

CFR 1320.5(b), 1320.8(b)(3)(vi), FRA 

informs all interested parties that it may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC, on March 18, 

2009. 

Kimberly Orben, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. E9–6396 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Jefferson Warrior Railroad Company, 

Inc. (Waiver Petition Docket Number 

FRA–2008–0126) 

The Jefferson Warrior Railroad 

Company, Inc. (JEFW) seeks a waiver of 

compliance with the Safety Glazing 

Standards, 49 CFR Part 223, as they 

pertain to six SW 1200 and SW 1500 

end cab switcher locomotives numbered 

JEFW 51 through JEFW 56. The 

locomotive cabs are equipped with a 

mixture of ‘‘safety glass’’ and certified 

glazing. The locomotives operate over 

approximately 12 miles of track within 

an industrial complex and interchange 

with three Class I railroads. 

In support of this application for 

waiver, JEFW states that all locomotives 

are equipped for remote control 

operation and are only occupied 

approximately 10 percent of the time. 

The maximum operating speed is 10 

miles per hour. JEFW has experienced 

no accidents or incidents relative to the 

installed glazing in 23 years of operation 

at this site. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g. , 

Waiver Petition Docket Number FRA– 

2008–0126) and may be submitted by 

any of the following methods: 

• Web Site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received within 30 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

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