Notice and Request for Comments, 22627-22628 [E9-11143]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Federal Railroad Administration

[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22627-22628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11143]


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

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 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: 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

[[Page 22628]]

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