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Daily Rules, Proposed Rules, and Notices of the Federal Government

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 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 5, 2003.
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 Ms. Debra Steward, Office of Information Technology and Productivity Improvement, 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 atrobert.brogan@fra.dot.gov,or to Ms. Steward atdebra.steward@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 Debra Steward, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6139). (These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Pub. L. 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 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).See44 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.See44 U.S.C. 3501.

Below are brief summaries of the three currently approved information collection activities that FRA willsubmit for clearance by OMB as required under the PRA:

Title:Identification of Cars Moved in Accordance with Order 13528.

OMB Control Number:2130-0506.

Abstract:This collection of information identifies a freight car being moved within the scope of Order 13528 (Order).SeeCFR part 232, appendix B. Otherwise, an exception will be taken, and the car will be set out of the train and not delivered. The information that must be recorded is specified at 49 CFR part 232, appendix B, requiring that a car be properly identified by a card attached to each side of the car and signed stating that such movement is being made under the authority of the order. The Order does not require retaining cards or tags. When a car bearing a tag for movement under the Order arrives at its destination, the tags are simply removed.

Form Number(s):None.

Affected Public:Businesses.

Respondent Universe:685 railroads.

Frequency of Submission:On occasion.

Total Responses:800 tags.

Average Time Per Response:5 minutes per tag.

Estimated Total Annual Burden:67 hours.

Status:Regular Review.

Title:Railroad Police Officers.

OMB Control Number:2130-0537.

Abstract:Under 49 CFR part 207, railroads are required to notify states of all designated railroad police officers who are discharging their duties outside of their respective jurisdictions. This requirement is necessary to verify proper police authority.

Form Number(s):None.

Affected Public:Businesses.

Respondent Universe:685 railroads.

Frequency of Submission:On occasion.

Total Responses:60 (30 rpts. + 30 rcds.).

Average Time Per Response:5 hrs. p/rpt. + 10 min. p/rcd.

Estimated Total Annual Burden:155 hours.

Status:Regular Review.

Title:Control of Alcohol and Drug Use in Railroad Operations.

OMB Control Number:2130-0526.

Abstract:The information collection requirements contained in pre-employment and “for cause” testing regulations are intended to ensure a sense of fairness and accuracy for railroads and their employees. The principal information—evidence of unauthorized alcohol or drug use—is used to prevent accidents by screening personnel who perform safety-sensitive service. FRA uses the information to measure the level of compliance with regulations governing the use of alcohol or controlled substances. Elimination of this problem is necessary to prevent accidents, injuries, and fatalities of the nature already experienced and further reduce the risk of a truly catastrophic accident. Finally, FRA analyzes the data provided in the Management Information System annual report to monitor the effectiveness of a railroad's alcohol and drug testing program.

Form Number(s):FRA F 6180.73, 6180.74, 6180.94A, 61880.94B.

Affected Public:Businesses.

Reporting Burden:

Reporting Burden:

CFR section Respondent universe Total annual responses Average time per response Total annual burden hours Total annual burden cost 219.7—Waivers 100,000 employees 2 letters 2 hours 4 hours $140 219.9.(b)(2)—Responsibility for compliance 450 railroads 2 requests 1 hour 2 hours 70 219.11(b)(2)—Gen'l conditions for chemical tests 450 Medical Fac. 1 document 15 minutes 15 minutes 4 219.11 (g) 219.301 (c)(2)(ii)—Training—Alcohol and Drug 5 railroads 5 programs 3 hours 15 hours 525 —Training 50 railroads 50 training class 3 hours 150 hours 5,250 219.23 (d)—Notice to Employee Organizations 5 railroads 5 notices 1 hour 5 hours 175 219.104/219.107/40.67—Removal from cov. Service 450 railroads 20 letters 1 hour 20 hours 700 219.201 (c) Good Faith Determination 450 railroads 10 reports 30 minutes 5 hours 175 219..203/207/209—Notifications by Phone to FRA 450 railroads 104 phone calls 10 minutes 17 hours 595 219.205—Sample Collection and Handling 450 railroads 400 forms 15 minutes 100 hours 3,500 —Form covering accidents/incidents 450 railroads 100 forms 10 minutes 17 hours 595 219.209 (c)—Records—Tests promply admin 450 railroads 40 records 30 minutes 20 hours 700 219.211 (b)—Analysis and follow-up MRO 450 railroads 8 reports 15 minutes 2 hours 200 219.302 (f)—Tests not promptly administered 450 railroads 200 records 30 minutes 100 hours 3,500 219.401/403/405—Voluntary referral and Co-worker report policies 5 railroads 5 report 20 hours 100 hours 3,500 219.405 (c)(1)—Report by Co-worker 450 railroads 450 reports 5 minutes 38 hours 1,330 219.403/405—SAP Counselor Evaluation 450 railroads 700 reports 30 minutes 350 hours 12,250 219.601 (a)—RR Random Drug Testing Programs 5 railroads 5 programs 1 hour 5 hours 175 —Amendments 450 railroads 20 amendemnts 1 hour 20 hours 700 219.601(b)(1)—Random Selection Proc.—Drug 450 railroads 5,400 documents 4 hours 21,600 324,000 219.601(b)(4/219.601 (d)—Notice to Employees 5 railroads 100 notices. 5 minute 1 hour 35 —New Railroads 5 railroads 5 notices 10 hours 50 hours 1,750 —Employee Notices—Tests 450 railroads 25,000 notices 1 minute 417 hours 14,595 219.603(a)—Specimen Security—Notice By Employee Asking to be Excused—Urine Testing 20,000 employees 200 excuse doc 15 minutes 5 hours 145 219.607(a)—RR Random Alcohol Testing Programs 5 railroads 5 programs 8 hours 40hours 1,400
—Amendments to Approved Program 450 railroads 20 amendments 1 hour 20 hours 700 219.608—Administrator's Determination of Random Alcohol Testing Rate 53 railroads 53 MIS reports 2 hours 106 hours 3,710 219.707 9(c)(d) 40.33—Review by MRO of Urine Drug Testing Results/Employee Notification; —Positive Drug Test Result 450 MROs 980 reports 2 hours 1,960 hours 196,000 —Copies of Positive Test Results to Employees 450 railroads 980 tests 15 minutes 245 hours 3,675 219.709—Retests—Written Request by employee 450 railroads 10 letters 30 minutes 5 hours 175 219.711(c) 40.25(f)(22)(ii)—Employee Consent 100,000 employees 60 letters 5 minutes 5 hours 175 40.65—Submission of Test Result to Employer 450 railroads 20 tests 15 minutes 5 hours 175 40.69—Physician's Written Statement 450 railroads 10 statements 1 hour 10 hours 1,000 40.81—Availability/Disclosure of Alchol Testing 450 railroads 60 letters 5 minutes 5 hours 175 Information about individual Employees —Copies of Records—Breath Alcohol Test 40,000 employees 4 requests 30 minutes 2 hours 70 40.83—Maintenance/Disclosure of Records concerning EBTs and BATs 450 railroads 1,500 5 minutes 25 hours 4,375 219.801—Reporting Alcohol/Drug Misuse Prevention Program Results in a Management info. System Data Collection Form 53 railroads 25 forms 4 hours 100 hours 3,500 —Easy Data Collection Form—No Alcohol/Drug Misuse 53 railroads 28 forms 2 hours 56 hours 1,960 219.901/903—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing 450 railroads 100,500 records 5 minutes 8,375 hours 125,625 —Summary Report of Bath Alcohol/Drug Test 450 railroads 200 reports 2 hours 400 hours 6,000 40.29(g)(1) (5)—Lab Test Result Rpts to MRO 25 laboratories 52,920 30 minutes 26,460 hours 926,100 40.29(g)(6)—Lab/Monthly Stat Summary of Urinalysis 25 laboratories 600 reports 2 hours 1,200 hours 42,000 40.29(g)(8) (m)—Recordkeeping—Labs 25 laboratories 25 document files 240 hours 6,000 hours 210,000 40.31(d)(6) Unsatisfactory Perf. Test Results 25 laboratories 2 reports 10 hours 20 hours 700 40.31(d)(7) (8)—False Positive Error/Retesting 25 laboratories 1 report 50 hours 50 hours 1,750 —False Positive on Blind Test Performance 25 laboratories 1 report 50 hours 50 hours 1,750 40.33—Reporting/Review—Split Sample Test Results 200 railroads 8 letters 30 minutes 9 hours 315 —Split Sample Failure to Reconfirm Drug Presence 200 railroads 2 reports 30 minutes 1 hour 35 40.37—Employee Request for Access to Test Records 40,000 employees 30 requests 30 minutes 15 hours 525

Respondent Universe:450 railroads.

Frequency of Submission:On occasion.

Total Responses:190,886.

Estimated Total Annual Burden:68,307 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 February 27, 2003. Kathy A. Weiner, Office of Information Technology and Support Systems, Federal Railroad Administration.