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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket No. FRA-2009-0001-N-12]

# 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 24, 2009 (74 FR 12443).                    

# DATES:

Comments must be submitted on or before July 6, 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 No. 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 24, 2009, FRA published a 60-day notice in the                     **Federal Register**                     soliciting comment on ICRs that the agency was seeking OMB approval. 74 FR 12443. 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, 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:*                     Filing of Dedicated Cars                

*OMB Control Number:*                     2130-0502                

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

*Affected Public:*                     Railroads.                

*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.                

*Annual Estimated Burden Hours:*                     4 hours.                

*Title:*                     Remotely Controlled Switch Operations.                

*OMB Control Number:*                     2130-0516.                

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

*Affected Public:*                     Railroads.                

*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.                

*Annual Estimated Burden Hours:*                     60,038 hours.                

*Title:*                     Bad Order and Home Shop Card.                

*OMB Control Number:*                     2130-0519.                

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

*Affected Public:*                     Railroads.                

*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.                

*Annual Estimated Burden Hours:*                     15,750 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                           ( print page 26916)                        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 29, 2009.

Kimberly Orben,

Director, Office of Financial Management, Federal Railroad Administration.

[FR Doc. E9-13042 Filed 6-3-09; 8:45 am]

BILLING CODE 4910-06-P