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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2012-0006-N-6]

Proposed Agency Information Collection Activities; Comment Request

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. 3501et 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 describes the nature of the information collection and their expected burden. TheFederal Registernotice with a 60-day comment period soliciting comments on the following collection of information was published on April 4, 2012 (77 FR 20478).
DATES: Comments must be submitted on or before July 19, 2012.
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. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (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 April 4, 2012, FRA published a 60-day notice in theFederal Registersoliciting comment on ICRs for which the agency was seeking OMB approval. 77 FR 20478. FRA received no comments in response to this notice.

Before OMB decides whether to approve a proposed collection 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 also60 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 also60 FR 44983, Aug. 29, 1995.

The summary below describes the nature of the information collection requirements(ICRs) and the expected burden, and 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 with change of a previously approved information collection.

Affected Public:754 Railroads.

Abstract:The regulations pertaining to railroad signal systems are contained in 49 CFR Parts233 (Signal System Reporting Requirements), 235 (Instructions Governing Applications ForApproval of A Discontinuance or Material Modification of a Signal System), and 236 (Rules,Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair ofSystems, Devices, and Appliances). Section 233.5 provides that each railroad must report toFRA within 24 hours after learning of an accident or incident arising from the failure of a signalappliance, device, method, or system to function or indicate as required by Part 236 of thisTitle that results in a more favorable aspect than intended or other condition hazardous to themovement of a train. Section 233.7 sets forth the specific requirements for reporting signalfailures 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 YearReport.” 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 anddefinitions provided. Title 49, Part 235 of the Code of Federal Regulations, sets forth thespecific conditions under which FRA approval of modification or discontinuance of railroadsignal systems is required and prescribes the methods available to seek such approval. Theapplication process prescribed under Part 235 provides a vehicle enabling FRA to obtain thenecessary information to make logical and informed decisions concerning carrier requests tomodify or discontinue signaling systems. Section 235.5 requires railroads to apply for FRAapproval to discontinue or materially modify railroad signaling systems. Section 235.7 definesmaterial modifications and identifies those changes that do not require agency approval. Section235.8 provides that any railroad may petition FRA to seek relief from the requirements under 49CFR part 236. Sections 235.10, 235.12, and 235.13 describe where the petition must besubmitted, what information must be included, the organizational format, and the officialauthorized to sign the application. Section 235.20 sets forth the process for protesting thegranting of a carrier application for signal changes or relief from the rules, standards, andinstructions. This section provides the information that must be included in the protest, theaddress for filing the protest, the item limit for filing the protest, and the requirement that aperson requesting a public hearing explain the need for such a forum. Section 236. 110 requiresthat the test results of certain signaling apparatus be recorded and specifically identify the testsrequired under sections 236.102-109; sections 236.377-236.387; sections 236.576; 236.577; andsection 236.586-589. Section 236.110 further provides that the test results must be recorded onpre-printed or computerized forms provided by the carrier and that the forms show the name ofthe railroad, place and date of the test conducted, equipment tested, test results, repairs, and thecondition of the apparatus. This section also requires that the employee conducting the test mustsign the form and that the record be retained at the office of the supervisory official having theproper

authority. Results of tests made in compliance with sections 236.587 must be retained for92 days, and results of all other tests must be retained until the next record is filed, but in no caseless than one year. Additionally, section 236.587 requires each railroad to make a departure testtest of cab signal, train stop, or train control devices on locomotives before that locomotiveenters the equipped territory. This section further requires that whoever performs the test mustcertify in writing that the test was properly performed. The certification and test results must beposted in the locomotive cab with a copy of the certification and test results retained at the officeof the supervisory official having the proper authority. However, if it is impractical to leave acopy of the certification and test results at the location of the test, the test results must betransmitted to either the dispatcher or one other designated official who must keep a writtenrecord of the test results and the name of the person performing the test. All records preparedunder this section are required to be retained for 92 days. Finally, section 236.590 requires thecarrier to clean and inspect the pneumatic apparatus of automatic train stop, train control, or cabsignal devices on locomotives every 736 days, and to stencil, tag, or otherwise mark thepneumatic apparatus indicating the last cleaning date.

Form Number(s):FRA F 6180.47; FRA F 6180.14.

Annual Estimated Burden Hours:444,637 hours.

Title:U.S. DOT Crossing Inventory Form.

OMB Control Number:2130-0017.

Type of Request:Extension with change of a currently approved collection.

Affected Public:650 Railroads/50 States.

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 July 31, 2006. FRA is requesting a new three year approval from OMB for this information collection.

Form Number(s):FRA F 6180.71.

Annual Estimated Burden Hours:8,054 hours.

Addressee:Send comments regarding this information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street NW., Washington, DC, 20503, Attention: FRA Desk Officer. Comments may also be sent electronically via email to the Office of Information and Regulatory Affairs (OIRA) at the following address:oira_submissions@omb.eop.gov.

Comments are invited on the following: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 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 theFederal Register.

Authority:

44 U.S.C. 3501-3520.

Issued in Washington, DC on June 14, 2012. Rebecca Pennington, Chief Financial Officer,Federal Railroad Administration.