Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 22627 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 30-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 

The OMB has regulations describing 

what must be included in such a 

document. Under OMB’s regulation (at 

5CFR 1320.8(d)), an agency must ask for 

public comment on the following: 

(i.) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(ii.) The accuracy the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(iii.) How to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(iv.) How to minimize the burden of 

the collection of information on those 

who are to respond including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g. permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collections of information: 

Title: Extension of Clearance. 

OMB Control Number: 2127–0001. 

Affected Public: State, Local, or Tribal 

Government. 

Form Number: This collection of 

information uses no standard form. 

Abstract: The purpose of the NDR is 

to assist States and other authorized 

users in obtaining information about 

problem drivers. State motor vehicle 

agencies submit and use the information 

for driver licensing purposes. Other 

users obtain the information for 

transportation safety purposes. 

Estimated Annual Burden: 4157 

Number of Respondents: The number 

of respondents is 51—the fifty States 

and the District of Columbia. 

Comments are invited on: whether the 

proposed collection of information is 

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 estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondent, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued on May 7, 2009. 

Dennis Utter, 

Office Director for the Office of Traffic 

Records and Analysis. 

[FR Doc. E9–11147 Filed 5–12–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. FRA–2009–0001–N–10] 

Notice and Request for Comments 

AGENCY: 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 March 3, 2009 (74 FR 

9331). 

DATES: Comments must be submitted on 

or before June 12, 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 March 3, 

2009, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on ICRs that the agency was seeking 

OMB approval. 74 FR 9331. FRA 

received no comments after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated 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, 

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: Railroad Signal System 

Requirements. 

OMB Control Number: 2130–0006. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Abstract: The regulations pertaining 

to railroad signal systems are contained 

in 49 CFR Parts 233 (Signal System 

Reporting Requirements), 235 

(Instructions Governing Applications 

For Approval of A Discontinuance or 

Material Modification of a Signal 

System), and 236 (Rules, Standards, and 

Instructions Governing the Installation, 

Inspection, Maintenance, and Repair of 

Systems, Devices, and Appliances). 

Section 233.5 provides that each 

railroad must report to FRA within 24 

hours after learning of an accident or 

incident arising from the failure of a 

signal appliance, device, method, or 

system to function or indicate as 

required by Part 236 of this Title that 

results in a more favorable aspect than 

intended or other condition hazardous 

to the movement of a train. Section 

233.7 sets forth the specific 

requirements for reporting signal 

22628 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Notices 

failures within 15 days in accordance 

with the instructions printed on Form 

FRA F 6180.14. Finally, Section 233.9 

sets forth the specific requirements for 

the ‘‘Signal System Five Year Report.’’ 

It requires that every five years each 

railroad must file a signal system status 

report. The report is to be prepared on 

a form issued by FRA in accordance 

with the instructions and definitions 

provided. Title 49, Part 235 of the Code 

of Federal Regulations, sets forth the 

specific conditions under which FRA 

approval of modification or 

discontinuance of railroad signal 

systems is required and prescribes the 

methods available to seek such 

approval. The application process 

prescribed under Part 235 provides a 

vehicle enabling FRA to obtain the 

necessary information to make logical 

and informed decisions concerning 

carrier requests to modify or 

discontinue signaling systems. Section 

235.5 requires railroads to apply for 

FRA approval to discontinue or 

materially modify railroad signaling 

systems. Section 235.7 defines material 

modifications and identifies those 

changes that do not require agency 

approval. Section 235.8 provides that 

any railroad may petition FRA to seek 

relief from the requirements under 49 

CFR Part 236. Sections 235.10, 235.12, 

and 235.13 describe where the petition 

must be submitted, what information 

must be included, the organizational 

format, and the official authorized to 

sign the application. Section 235.20 sets 

forth the process for protesting the 

granting of a carrier application for 

signal changes or relief from the rules, 

standards, and instructions. This section 

provides the information that must be 

included in the protest, the address for 

filing the protest, the time limit for 

filing the protest, and the requirement 

that a person requesting a public 

hearing explain the need for such a 

forum. Section 236.110 requires that the 

test results of certain signaling 

apparatus be recorded and specifically 

identify the tests required under 

sections 236.102–109; sections 236.377– 

236.387; sections 236.576; 236.577; and 

section 236.586–589. Section 236.110 

further provides that the test results 

must be recorded on pre-printed or 

computerized forms provided by the 

carrier and that the forms show the 

name of the railroad, place and date of 

the test conducted, equipment tested, 

test results, repairs, and the condition of 

the apparatus. This section also requires 

that the employee conducting the test 

must sign the form and that the record 

be retained at the office of the 

supervisory official having the proper 

authority. Results of tests made in 

compliance with sections 236.587 must 

be retained for 92 days, and results of 

all other tests must be retained until the 

next record is filed, but in no case less 

than one year. Additionally, section 

236.587 requires each railroad to make 

a departure test of cab signal, train stop, 

or train control devices on locomotives 

before that locomotive enters the 

equipped territory. This section further 

requires that whoever performs the test 

must certify in writing that the test was 

properly performed. The certification 

and test results must be posted in the 

locomotive cab with a copy of the 

certification and test results retained at 

the office of the supervisory official 

having the proper authority. However, if 

it is impractical to leave a copy of the 

certification and test results at the 

location of the test, the test results must 

be transmitted to either the dispatcher 

or one other designated official who 

must keep a written record of the test 

results and the name of the person 

performing the test. All records 

prepared under this section are required 

to be retained for 92 days. Finally, 

section 236.590 requires the carrier to 

clean and inspect the pneumatic 

apparatus of automatic train stop, train 

control, or cab signal devices on 

locomotives every 736 days, and to 

stencil, tag, or otherwise mark the 

pneumatic apparatus indicating the last 

cleaning date. 

Annual Estimated Burden Hours: 

480,988 hours. 

Title: U.S. DOT Crossing Inventory 

Form. 

OMB Control Number: 2130–0017. 

Type of Request: Extension of a 

currently approved collection. 

Affected Public: Railroads. 

Abstract: Form FRA F 6180.71 is a 

voluntary form, and is used by States 

and railroads to periodically update 

certain site specific highway-rail 

crossing information which is then 

transmitted to FRA for input into the 

National Inventory File. This 

information has been collected on the 

U.S. DOT–AAR Crossing Inventory 

Form (previous designation of this form) 

since 1974 and maintained in the 

National Inventory File database since 

1975. The primary purpose of the 

National Inventory File is to provide for 

the existence of a uniform database 

which can be merged with accidents 

data and used to analyze information for 

planning and implementation of 

crossing safety programs by public, 

private, and governmental agencies 

responsible for highway-rail crossing 

safety. Following the official 

establishment of the National Inventory 

in 1975, the Federal Railroad 

Administration (FRA) assumed the 

principal responsibility as custodian for 

the maintenance and continued 

development of the U.S. DOT/AAR 

National Highway-Rail Crossing 

Inventory Program. The major goal of 

the Program is to provide Federal, State, 

and local governments, as well as the 

railroad industry, information for the 

improvement of safety at highway-rail 

crossings. Good management practices 

necessitate maintaining the database 

with current information. The data will 

continue to be useful only if maintained 

and updated as inventory changes 

occur. FRA previously cleared the 

reporting and recordkeeping burden for 

this form under Office of Management 

and Budget (OMB) Clearance Number 

2130–0017. OMB approved the burden 

for this form through August 31, 2009. 

FRA is requesting a new three year 

approval from OMB for this information 

collection. 

Form Number(s): Form FRA F 

6180.71. 

Annual Estimated Burden Hours: 

3,655 hours. 

ADDRESSES: 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 May 7, 2009. 

Kimberly Orben, 

Director, Office of Financial Management, 

Federal Railroad Administration. 

[FR Doc. E9–11143 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–06–P