Proposed Agency Information Collection Activities; Comment Request, 17945-17948 [06-3361]

Download as PDF Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologist’s medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. The agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31315 and 31136(e) to Daryle W. Belcher, William H. Gardner, Roy G. Hill, Anthony D. Izzi, Ronald D. Paul, and Kenneth L. Pogue. wwhite on PROD1PC61 with NOTICES Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document. Discussion of Comments FMCSA received one comment in this proceeding. The comment is considered and is discussed below. Charles A. Johnson commented that he is an insulin dependent diabetic who wanted to obtain a Commercial Driver’s License (CDL) and found out the FMCSRs include a blanket prohibition against him doing so. He is shocked that the regulation exists when the advancements in diabetes management are rapid and constant. He is of the opinion that quarterly visits to a diabetes specialist in which the review of Glycosylated hemoglobin (A1c) tests and blood glucose levels are evaluated is sufficient and that copies of A1c information should be required to be forwarded to the state of licensure. FMCSA is responsible for the establishment and enforcement of physical qualifications standards applicable to drivers who operate CMVs in interstate commerce. The Agency is also responsible for CDL testing and licensing procedures used by the states in issuing CDLs. Drivers who operate CMVs in interstate commerce must meet the Federal physical qualifications standards to obtain a CDL. Drivers who operate exclusively in intrastate commerce are required to comply with the applicable State rules concerning physical qualifications to obtain a CDL. FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to allow drivers who are not qualified under section VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 391.41(b)(3) to apply for an exemption from the Federal standard. The Agency must ensure that each exemption would achieve a level of safety equivalent to, or greater than, the level achieved without the exemption. This means that drivers who intend to apply for an exemption should have sufficient medical data, to include a review of blood glucose measurements and hemoglobin A1c information by the treating endocrinologist, and any other relevant information necessary to support a determination by the Agency that granting them exemptions from 391.41(b)(3) would achieve the required level of safety. Conclusion After considering the comments to the docket and based upon its evaluation of the 6 exemption applications, FMCSA exempts Daryle W. Belcher, William H. Gardner, Roy G. Hill, Anthony D. Izzi, Ronald D. Paul, and Kenneth L. Pogue from the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions listed under ‘‘Conditions and Requirements’’ above. In accordance with 49 U.S.C. 31315 and 31136(e), each exemption will be valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31315 and 31136. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: March 29, 2006. Rose A. McMurray, Associate Administrator, Policy and Program Development. [FR Doc. E6–5056 Filed 4–6–06; 8:45 am] BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. AGENCY: SUMMARY: FMCSA announces the availability of the 2006 version of the ‘‘Your Rights and Responsibilities When Fmt 4703 FOR FURTHER INFORMATION CONTACT: Federal Motor Carrier Safety Administration, Office of Compliance and Enforcement, Commercial Enforcement Division (MC–ECC), (202) 385–2400, 400 Virginia Avenue, SW., Suite 600, Washington, DC 20024. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday except Federal holidays. Issued on: March 31, 2006. Annette M. Sandberg, Administrator. [FR Doc. E6–5048 Filed 4–6–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Sfmt 4703 Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: Availability of the Updated ‘‘Your Rights and Responsibilities When You Move’’ Pamphlet Frm 00141 You Move’’ pamphlet (Publication No. FMCSA–ESA–03–006, Revised/Updated April 2006). Only those changes mandated by Subtitle B, sections 4201– 4216, of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) [Pub. L. 109–59, August 10, 2005, 119 Stat. 1751] have been incorporated into this pamphlet. The Agency finds that seeking public comment before publishing changes to this pamphlet is unnecessary and contrary to the public interest. First, FMCSA is only modifying this pamphlet to incorporate requirements of SAFETEA-LU which took effect on August 10, 2005. Second, moving companies are required to provide copies of the pamphlet to household goods shippers. Thus, the pamphlet needs to accurately reflect these statutory changes without further delay. ADDRESSES: FMCSA’s ‘‘Your Rights and Responsibilities When You Move’’ pamphlet will be available—after April 7, 2006—on its Web site at https:// www.protectyourmove.gov/consumer/ awareness/rights/Rights1.htm. Follow the instructions for downloading this pamphlet. Federal Railroad Administration DEPARTMENT OF TRANSPORTATION PO 00000 17945 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 E:\FR\FM\07APN1.SGM 07APN1 wwhite on PROD1PC61 with NOTICES 17946 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices 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 6, 2006. 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, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590, or Mr. Victor Angelo, Office of Support Systems, RAD–20, Federal Railroad Administration, 1120 Vermont Ave., NW., 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 llll.’’ Alternatively, comments may be transmitted via facsimile to (202) 493–6230 or (202) 493–6170, or E-mail to Mr. Brogan at robert.brogan@fra.dot.gov, or to Mr. Angelo at victor.angelo@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: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292) or Victor Angelo, Office of Support Systems, RAD–20, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6470). (These telephone numbers are not tollfree.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Pub. L. 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 VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 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 eight currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA: OMB Control Number: 2130–0006. Type of Request: Extension of a currently approved collection. Affected Public: Businesses. Form Number(s): N/A. 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 failures within 15 days in accordance PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 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 item 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 E:\FR\FM\07APN1.SGM 07APN1 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices 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. Reporting Burden: CFR section Respondent universe Total annual respose Average time per response Total annual burden hours 233.5—Reporting of accidents ........................... 233.7—False proceed signal failures report ...... 235.5—Block signal applications ........................ 235.8—Applications for relief ............................. 235.20—Protect letters ....................................... 236.110—Recordkeeping ................................... 236587—Departure tests ................................... 236.590—Pneumatic values ............................... 685 railroads .......... 685 railroads .......... 80 railroads ............ 80 railroads ............ 80 railroads ............ 80 rairoads ............. 18 railroads ............ 18 railroads ............ 10 phone calls ....... 100 reports ............ 111 applications ..... 24 relief requests ... 84 protest letters .... 936,550 forms ........ 730,000 tests ......... 6,697 stencilings .... 30 minutes ..... 15 minutes ..... 10 hours ......... 2.5 hours ........ 30 minutes ..... 27 minutes ..... 4 minutes ....... 22.5 minutes .. 5 hours ........... 25 hours ......... 1,110 hours .... 60 hours ......... 42 hours ......... 427,881 hours 48,667 hours .. 2,511 hours .... Total Estimated Responses: 1,673,576. Total Estimated Annual Burden: 480,301 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 Total annual response Average time per response Total annual burden hours 218.30—Blue signal protection of workmen ........ 218.77—Protection of occupied camp cars ......... wwhite on PROD1PC61 with NOTICES Respondent universe 70 railroads .... 7 railroads ...... 3,600,000 notifications 4,000 notfications ......... 2 minutes ....... 4 minutes ....... 120,000 hours 267 hours ....... VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 employing a disqualified individual to disclose the terms and conditions of a disqualification order to the individual’s new or prospective employing railroad; (ii) a railroad considering employing an individual in a safety-sensitive position to ask the individual’s previous employing railroad whether the individual is currently serving under a disqualification order; and (iii) a disqualified individual to inform his new or prospective employer of the disqualification order and provide a copy of the same. Additionally, the regulations prohibit a railroad from employing a person serving under a disqualification order to work in a PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 Total annual burden cost $170 850 37,740 2,040 1,426 14,547,954 1,654,678 85,374 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: 685 railroads. Frequency of Submission: On occasion. CFR section Total Estimated Responses: 3,604,000. Total Estimated Annual Burden: 120,267 hours. Status: Regular Review. Title: Disqualification Proceedings. OMB Control Number: 2130–0529. Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue orders disqualifying railroad employees, including supervisors, managers, and other agents, from performing safetysensitive service in the rail industry for violations of safety rules, regulations, standards, orders, or laws evidencing unfitness. FRA’s regulations, 49 CFR part 209, subpart D, implement the statutory provision by requiring (i) a railroad employing or formerly 17947 Total annual burden cost $3,720,000 8,2770 safety-sensitive position. This information serves to inform a railroad whether an employee or prospective employee is currently disqualified from performing safety-sensitive service based on the issuance of a disqualification order by FRA. Furthermore, it prevents an individual currently serving under a disqualification order from retaining and obtaining employment in a safetysensitive position in the rail industry. Form Number(s): N/A. Affected Public: Businesses. Respondent Universe: 685 railroads. Frequency of Submission: On occasion. E:\FR\FM\07APN1.SGM 07APN1 17948 Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices CFR section Respondent universe Total annual responses Average time per response Total annual burden hours Respondent reply to disqualification order ......... 40,000 Locomotive Engineers. 40,000 Locomotive Engineers. 685 Railroads ........ 1 documented reply 3 hours ........... 3 hours ........... $135 1 informal response 1 hour ............ 1 hour ............ 45 1 notification ........... 30 minutes ..... 1 hour ............ 45 685 Railroads ......... Usual and cusN/A ................. tomary procedure. N/A ................. N/A Informal reply to proposed disqualification order Provide copy of disqualification order to prospective employer. Request copy of disqualification order from previouis employer. 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 April 3, 2006. Belinda Ashton, Acting Director, Office of Budget, Federal Railroad Administration. [FR Doc. 06–3361 Filed 4–6–06; 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. Canadian National Railway Company wwhite on PROD1PC61 with NOTICES [Waiver Petition Docket Number FRA–2006– 24224] The Canadian National Railway Company (CN) on behalf of its wholly owned subsidiaries, Illinois Central Railroad Company, Wisconsin Central, Ltd, Grand Trunk and Western Railroad Company, Chicago Central & Pacific Railroad Company, Duluth, Winnipeg & Pacific Railroad Company, Bessemer & Lake Erie Railroad Company, and the Duluth Missabe & Iron Range Railroad Company (hereinafter ‘‘CN’’) seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR, 229.27(a)(2), and 229.29 (a), as they pertain to the requirement to clean, repair, and test airbrake equipment associated with ‘‘Canac’’ remote control VerDate Aug<31>2005 19:13 Apr 06, 2006 Jkt 208001 equipment installed on the locomotive. CN requests to change the time interval requirements for the additional Canac equipment from biennial (736 days) to every 4 years (1472 days). The request, if granted, would allow the additional Canac equipment to receive attention at the same time as the 26 L type brake equipment previously wavered under the petition identified as docket number FRA–2005–21325. According to the petitioner, the fouryear maintenance period for the remote control brake equipment is the manufacturer’s recommendation, and the four-year interval has been adopted by Transport Canada, as required maintenance interval for 26 L type Canac remote control locomotives operating in Canada. 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 (FRA–2006– 24224) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. Communications received within 45 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 https:// dms.dot.gov. Anyone is able to search the electronic form of all comments received into any of our dockets by the PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 Total annual burden cost name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). The Statement may also be found at https:// dms.dot.gov. Issued in Washington, DC on March 31, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–5055 Filed 4–6–06; 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. East Broad Top Railroad & Coal Company [Waiver Petition Docket Number FRA–2006– 24069] The East Broad Top Railroad & Coal Company (EBT), located in Rockhill Furnace, PA, seeks a waiver of compliance from the Steam Locomotive Inspection and Maintenance Standards [49 CFR Part 230.17(a)] for steam locomotive number EBT 14, which requires’’ Before any steam locomotive is initially put in service or brought out of retirement, and after every 1472 service days or 15 years, whichever is earlier, an individual competent to conduct the inspection shall inspect the entire boiler. In the case of a new locomotive or a locomotive being E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17945-17948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3361]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

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

[[Page 17946]]

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 6, 2006.

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, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC
20590, or Mr. Victor Angelo, Office of Support Systems, RAD-20, Federal
Railroad Administration, 1120 Vermont Ave., NW., 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-
6230 or (202) 493-6170, or E-mail to Mr. Brogan at
robert.brogan@fra.dot.gov, or to Mr. Angelo at
victor.angelo@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: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1120
Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202)
493-6292) or Victor Angelo, Office of Support Systems, RAD-20, Federal
Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35,
Washington, DC 20590 (telephone: (202) 493-6470). (These telephone
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:
The Paperwork Reduction Act of 1995 (PRA), Pub. L. 104-13, Sec. 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 eight currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
OMB Control Number: 2130-0006.
Type of Request: Extension of a currently approved collection.
Affected Public: Businesses.
Form Number(s): N/A.
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 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 item
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

[[Page 17947]]

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.
Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Average time per Total annual burden Total annual
CFR section Respondent universe Total annual respose response hours burden cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
233.5--Reporting of accidents... 685 railroads.............. 10 phone calls............. 30 minutes........... 5 hours.............. $170
233.7--False proceed signal 685 railroads.............. 100 reports................ 15 minutes........... 25 hours............. 850
failures report.
235.5--Block signal applications 80 railroads............... 111 applications........... 10 hours............. 1,110 hours.......... 37,740
235.8--Applications for relief.. 80 railroads............... 24 relief requests......... 2.5 hours............ 60 hours............. 2,040
235.20--Protect letters......... 80 railroads............... 84 protest letters......... 30 minutes........... 42 hours............. 1,426
236.110--Recordkeeping.......... 80 rairoads................ 936,550 forms.............. 27 minutes........... 427,881 hours........ 14,547,954
236587--Departure tests......... 18 railroads............... 730,000 tests.............. 4 minutes............ 48,667 hours......... 1,654,678
236.590--Pneumatic values....... 18 railroads............... 6,697 stencilings.......... 22.5 minutes......... 2,511 hours.......... 85,374
--------------------------------------------------------------------------------------------------------------------------------------------------------

Total Estimated Responses: 1,673,576.
Total Estimated Annual Burden: 480,301 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: 685 railroads.
Frequency of Submission: On occasion.

Total Estimated Responses: 3,604,000.
Total Estimated Annual Burden: 120,267 hours.
Status: Regular Review.
Title: Disqualification Proceedings.
OMB Control Number: 2130-0529.
Abstract: Under 49 U.S.C. 20111(c), FRA is authorized to issue
orders disqualifying railroad employees, including supervisors,
managers, and other agents, from performing safety-sensitive service in
the rail industry for violations of safety rules, regulations,
standards, orders, or laws evidencing unfitness. FRA's regulations, 49
CFR part 209, subpart D, implement the statutory provision by requiring
(i) a railroad employing or formerly employing a disqualified
individual to disclose the terms and conditions of a disqualification
order to the individual's new or prospective employing railroad; (ii) a
railroad considering employing an individual in a safety-sensitive
position to ask the individual's previous employing railroad whether
the individual is currently serving under a disqualification order; and
(iii) a disqualified individual to inform his new or prospective
employer of the disqualification order and provide a copy of the same.
Additionally, the regulations prohibit a railroad from employing a
person serving under a disqualification order to work in a safety-
sensitive position. This information serves to inform a railroad
whether an employee or prospective employee is currently disqualified
from performing safety-sensitive service based on the issuance of a
disqualification order by FRA. Furthermore, it prevents an individual
currently serving under a disqualification order from retaining and
obtaining employment in a safety-sensitive position in the rail
industry.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: 685 railroads.
Frequency of Submission: On occasion.

[[Page 17948]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Average time per Total annual burden Total annual
CFR section Respondent universe Total annual responses response hours burden cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Respondent reply to 40,000 Locomotive Engineers 1 documented reply......... 3 hours.............. 3 hours.............. $135
disqualification order.
Informal reply to proposed 40,000 Locomotive Engineers 1 informal response........ 1 hour............... 1 hour............... 45
disqualification order.
Provide copy of disqualification 685 Railroads.............. 1 notification............. 30 minutes........... 1 hour............... 45
order to prospective employer.
Request copy of disqualification 685 Railroads.............. Usual and customary N/A.................. N/A.................. N/A
order from previouis employer. procedure.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 April 3, 2006.
Belinda Ashton,
Acting Director, Office of Budget, Federal Railroad Administration.
[FR Doc. 06-3361 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-06-P

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