[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)] [Notices] [Pages 56995-57000] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2013-22394] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2013-0002-N-19] Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration (FRA), United States Department of Transportation (USDOT). 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 November 15, 2013. 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, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., 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- 6216 or (202) 493-6497, or via email to Mr. Brogan at [email protected], or to Ms. Toone at [email protected]. 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, 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, 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 [[Page 56996]] 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 is a brief summary of currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA: Title: Accident/Incident Reporting and Recordkeeping. OMB Control Number: 2130-0500. Abstract: The collection of information is due to the railroad accident reporting regulations set forth in 49 CFR Part 225 which require railroads to submit monthly reports summarizing collisions, derailments, and certain other accidents/incidents involving damages above a periodically revised dollar threshold, as well as certain injuries to passengers, employees, and other persons on railroad property. Because the reporting requirements and the information needed regarding each category of accident/incident are unique, a different form is used for each category. Form Number(s): FRA F 6180.39i; 54; 55; 55A; 56; 57; 78; 81; 97; 98; 99;107; 150. Affected Public: Businesses. Respondent Universe: 763 railroads. Frequency of Submission: On occasion. Reporting Burden ---------------------------------------------------------------------------------------------------------------- Total annual Average time per Total annual CFR Section Respondent universe responses response burden hours ---------------------------------------------------------------------------------------------------------------- 225.6--Consolidated Reporting-- 763 railroads...... 4 requests......... 40 hours........... 160 Request to FRA by Parent Corporation to treat its Commonly Controlled Carriers as a Single Railroad Carrier for Purposes of this Part. --Written Agreement by Parent 763 railroads...... 4 agreements....... 2 hours............ 8 Corporation with FRA on Specific Subsidiaries Included in Its Railroad System. --Notification by Parent 763 railroads...... 1 notification + 1 60 minutes......... 2 Corporation Regarding Any Change amended agreement. in the Subsidiaries Making Up Its Railroad System and Amended Written Agreement with FRA. 225.9--Telephone Reports of 763 railroads...... 3,300 phone reports 15 minutes......... 825 Certain Accidents/Incidents and Other Events. 225.11--Reporting of Rail 763 railroads...... 3,600 forms........ 2 hours............ 7,200 Equipment Accidents/Incidents-- Form FRA F 6180.54. 225.12--Rail Equipment Accident/ 763 railroads...... 1,600 forms........ 15 minutes......... 400 Incident Reports Alleging Human Factor as Cause--Form FRA F 6180.81. --Part I Form FRA F 6180.78 763 railroads...... 1,000 notices + 10 minutes + 3 367 (Notices). 4,000 copies. minutes. --Joint Operations............... 763 railroads...... 100 requests....... 20 minutes......... 33 --Late Identification............ 763 railroads...... 20 attachments + 20 15 MINUTES......... 10 notices. --Employee Statement Railroad employees. 75 statements...... 1.5 hours.......... 113 Supplementing Railroad Accident Report (Part II Form FRA 6180.78). --Employee Confidential Letter... Railroad employees. 10 letters......... 2 hours............ 20 225.13--Late Reports--RR 763 railroads...... 25 late reports.... 1 hour............. 25 Discovery of Improperly Omitted Report of Accident/Incident. --RR Late/Amended Report of 763 railroads...... 50 amended reports 1 hour + 3 minutes. 52 Accident/Incident Based on + 40 copies. Employee Statement Supplementing RR Accident Report. 225.18--RR Narrative Report of 763 railroads...... 80 reports......... 30 minutes......... 40 Possible Alcohol/Drug Involvement in Accident/Incident. [[Page 56997]] --Reports Required by Section 763 railroads...... 5 reports.......... 30 minutes......... 3 219.209(b) Appended to Rail Equipment Accident/Incident Report. 225.19--Rail-Highway Grade 763 railroads...... 2,880 forms........ 2 hours............ 5,760 Crossing Accident/Incident Report--Form FRA F 6180.57. --Death, Injury, or Occupational 763 railroads...... 12,638 forms....... 20 min./50 min..... 4,912 Illness (Form FRA F 6180.55a). 60 min............. 225.21--Railroad Injury and 763 railroads...... 8,616 forms........ 10 minutes......... 1,436 Illness Summary: Form FRA F 6180.55. 225.21--Annual Railroad Report of 763 railroads...... 763 forms.......... 15 minutes......... 191 Employee Hours and Casualties, By State--Form FRA F 6180.56. 225.21/25--Railroad Employee 763 railroads...... 18,900 forms....... 60 minutes......... 18,900 Injury and/or Illness Record-- Form FRA F 6180.98. --Copies of Forms to Employees... 763 railroads...... 567 form copies.... 2 minutes.......... 19 225.21--Initial Rail Equipment 763 railroads...... 18,200 forms....... 30 minutes......... 9,100 Accident/Incident Record--Form FRA F 6180.97. --Completion of Form FRA F 763 railroads...... 1 form............. 30 minutes......... 1 6180.97 because of Rail Equipment Involvement. 225.21--Alternative Record for 763 railroads...... 300 forms.......... 75 minutes......... 375 Illnesses Claimed to Be Work Related--Form FRA F 6180.107. 225.21--Railroad Accident/ 763 railroads...... 1,000 forms........ 90 minutes......... 1,500 Incident Notification and Initial Investigation Report-- Form FRA F 6180.39i. 225.21--Highway User Statement-- 763 railroads...... 950 Letters/forms.. 50 minutes......... 792 RR Cover Letter and Form FRA F 6180.150 sent out to Potentially Injured Travelers Involved in a Highway-Rail Grade Crossing Accident/Incident. --Form FRA F 6180.150 Completed 950 Injured 665 forms.......... 45 minutes......... 499 by Highway User and Sent Back to Individuals. Railroad. 225.25(h)--Posting of Monthly 763 railroads...... 8,616 lists........ 16 minutes......... 2,298 Summary. 225.27--Retention of Records..... 763 railroads...... 18,900 records..... 2 minutes.......... 630 --Record of Form FRA F 6180.107.. 763 railroads...... 300 records........ 2 minutes.......... 10 --Record of Monthly Lists........ 763 railroads...... 8,616 records...... 2 minutes.......... 288 --Record of Form FRA F 6180.97... 763 railroads...... 18,200 records..... 2 minutes.......... 607 --Record of Employee Human Factor 763 railroads...... 2,675 records...... 2 minutes.......... 89 Attachments. --RR Electronic Recordkeeping 18 railroads....... 18 modified systems 120 hours.......... 2,160 Systems--Changes to Conform to FRA Requirements. 225.33--Internal Control Plans-- 763 railroads...... 25 amendments...... 14 hours........... 350 Amendments. 225.35--Access to Records and 15 railroads....... 400 lists.......... 20 minutes......... 133 Reports. --Subsequent Years............... 4 railroads........ 16 lists........... 20 minutes......... 5 225.37--Optical Media Transfer of 8 railroads........ 200 transfers...... 3 minutes.......... 10 of Reports, Updates, and Amendments. [[Page 56998]] --Electronic Submission of 763 railroads...... 2,400 submissions.. 3 minutes.......... 120 Reports, Updates, and Amendments. ---------------------------------------------------------------------------------------------------------------- Total Responses: 139,791. Estimated Total Annual Burden: 59,443 hours. Status: Extension of a Currently Approved Collection. OMB Control Number: 2130-0524. Abstract: The Federal Railroad Administration (FRA) amended its radio standards and procedures to promote compliance by making the regulations more flexible; to require wireless communications devices, including radios, for specified classifications of railroad operations and roadway workers; and to re-title this part to reflect its coverage of other means of wireless communications such as cellular telephones, data radio terminals, and other forms of wireless communications to convey emergency and need-to-know information. The new rule establishes safe, uniform procedures covering the use of radio and other wireless communications within the railroad industry. Form Number(s): N/A. Affected Public: Businesses. Respondent Universe: 763 railroads. Frequency of Submission: On occasion; annually. Reporting Burden ---------------------------------------------------------------------------------------------------------------- Respondent Total annual Average time per Total annual CFR Section universe responses response burden hours ---------------------------------------------------------------------------------------------------------------- 220.8--Waivers Petitions......... 763 railroads...... 6 petition letters. 60 minutes......... 6 220.25--Instruction of Employees. 763 railroads...... 91,000 instructed 30 minutes......... 45,500 employees. --Subsequent Years............... 763 railroads...... 12,5400 instructed 30 minutes......... 6,270 employees. --Operational Testing of 763 railroads...... 100,000 tests/ 5 minutes.......... 8,333 Employees. record. 220.37--Testing Radio/Wireless 763 railroads...... 780,000 tests...... 30 seconds......... 6,500 Communication Equipment. 220.61--Transmission of Mandatory 763 railroads...... 7,200,000 1.5 minutes........ 180,000 Directive. directives. --Marking Man. Dir............... 763 railroads...... 624,000 marks...... 15 seconds......... 2,600 220.307--Use of RR Supplied 763 railroads...... 763 amended codes.. 60 minutes......... 763 Electronic Devices: Amended RR Code. --RR Written Document Stating 763 railroads...... 50 written 60 minutes......... 50 Authorized Business Purpose for documents. Taking Video/Photo with RR Supplied Electronic Device. --Safety Briefing for Use of RR 763 railroads...... 5,460,000 briefings 1 minute........... 91,000 Supplied Electronic Device in Cab of Controlling Locomotive. 220.313--Railroad Written Program 763 railroads...... 763 amended written 60 minutes......... 763 of Instruction and Examination Instruction on Part 220 Requirements. Programs. --Training of RR Employees on 91,000 Employees... 91,000 Trained 15 minutes......... 22,750 Part 220 Requirements. Employees. --Employee Training Records...... 91,000 Employees... 91,000 records..... 5 minutes.......... 7,583 --Approval Process: FRA 763 railroads...... 6 revised/amended 60 minutes......... 6 Disapproval of RR Program of programs. Instruction and Examination. ---------------------------------------------------------------------------------------------------------------- Total Responses: 14,451,128. Estimated Total Annual Burden: 372,124 hours. Status: Extension of a Currently Approved Collection. OMB Control Number: 2130-0557. Abstract: The Federal Railroad Administration (FRA) and the Surface Transportation Board (STB), working in conjunction with each other, have issued joint final rules establishing procedures for the development and implementation of safety integration plans (``SIPs'' or ``plans'') by a Class I railroad proposing to engage in certain specified merger, consolidation, or acquisition of control transactions with another Class I railroad, or a Class II railroad with which it proposes to amalgamate operations. The scope of the transactions covered under the two rules is the same. FRA uses the information collected, notably the required SIPs, to maintain and promote a safe rail environment by ensuring that affected railroads (Class Is and some Class IIs) address critical safety issues unique to the amalgamation of large, complex railroad operations. Form Number(s): N/A. [[Page 56999]] Affected Public: Railroads. Respondent Universe: Class I Railroads. Frequency of Submission: On occasion. ---------------------------------------------------------------------------------------------------------------- Respondent Total annual Average time Total annual Total annual CFR Section universe responses per response burden hours burden cost ---------------------------------------------------------------------------------------------------------------- 244.13--Safety Integration Plans: Amalgamation of 8 railroads.... 1 plan......... 340 hours...... 340 $24,016 Operations--SIP Development & Quarterly Meetings. 244.17--Procedures........... 8 railroads.... 25 reports..... 40 hours/2 88 5,632 hours. --Responses to FRA Inquiries 8 railroads.... 6 responses.... 8 hours........ 48 3,072 Re: SIP data. --Coordination in 8 railroads.... 25 phone calls. 10 minutes..... 4 256 Implementing Approved SIP. hh--Request for Confidential 8 railroads.... 1 request...... 16 hours....... 16 2,512 Treatment. 244.19--Disposition--Comments 8 railroads.... 2 reports...... 16 hours....... 32 2,048 on Proposed SIP Amendments. ---------------------------------------------------------------------------------------------------------------- Total Responses: 60. Estimated Total Annual Burden: 528 hours. Status: Extension of a Currently Approved Collection. Title: Confidential Close Call Reporting System Evaluation-Related Interview Data Collection. OMB Control Number: 2130-0574. Abstract: In the U.S. railroad industry, injury rates have been declining over the last 25 years. Indeed, the industry incident rate fell from a high of 12.1 incidents per 100 workers per year in 1978 to 3.66 in 1996. As the number of incidents has decreased, the mix of causes has also changed toward a higher proportion of incidents that can be attributed to human and organizational factors. This combination of trends--decrease in overall rates but increasing proportion of human factors-related incidents--has left safety managers with a need to shift tactics in reducing injuries to even lower rates than they are now. In recognition of the need for new approaches to improving safety, FRA has instituted the Confidential Close Call Reporting System (C\3\RS). The operating assumption behind C\3\RS is that by assuring confidentiality, employees will report events which, if dealt with, will decrease the likelihood of accidents. C\3\RS, therefore, has both a confidential reporting component, and a problem analysis/solution component. C\3\RS is expected to affect safety in two ways. First, it will lead to problem solving concerning specific safety conditions. Second, it will engender an organizational culture and climate that supports greater awareness of safety and a greater cooperative willingness to improve safety. If C\3\RS works as intended, it could have an important impact on improving safety and safety culture in the railroad industry. While C\3\RS has been developed and implemented with the participation of FRA, railroad labor, and railroad management, there are legitimate questions about whether it is being implemented in the most beneficial way, and whether it will have its intended effect. Further, even if C\3\RS is successful, it will be necessary to know if it is successful enough to implement on a wide scale. To address these important questions, FRA is implementing a formative evaluation to guide program development, a summative evaluation to assess impact, and a sustainability evaluation to determine how C\3\RS can continue after the test period is over. The evaluation is needed to provide FRA with guidance as to how it can improve the program, and how it might be scaled up throughout the railroad industry. Program evaluation is an inherently data driven activity. Its basic tenet is that as change is implemented, data can be collected to track the course and consequences of the change. Because of the setting in which C\3\RS is being implemented, that data must come from the railroad employees (labor and management) who may be affected. Critical data include beliefs about safety and issues related to safety, and opinions/observations about the operation of C\3\RS. The current study is a five-year demonstration project to improve rail safety, and is designed to identify safety issues and propose corrective action based on voluntary reports of close calls submitted to the Bureau of Transportation Statistics. Because of the innovative nature of this program, FRA is implementing an evaluation to determine whether the program is succeeding, how it can be improved and, if successful, what is needed to spread the program throughout the railroad industry. Interviews to evaluate the close call reporting system are being conducted with two groups: (1) Key stakeholders to the process (e.g., FRA officials, industry labor, and carrier management within participating railroads); and (2) Employees in participating railroads who are eligible to submit close call reports to the Confidential Close Call Reporting System. Different questions are addressed to each of these two groups. Interviews are semi-structured, with follow-up questions asked as appropriate depending on the respondent's initial answer. The confidentiality of the interview data is protected by the Privacy Act of 1974. FRA fully complies with all laws pertaining to confidentiality, including the Privacy Act. Thus, information obtained by or acquired by FRA's contractor, the Volpe Center, from key stakeholders and railroad employees will be used strictly for evaluation purposes. None of the information that might be identifying will be disseminated or disclosed in any way. In addition, the participating railroad sites involved will require Volpe to establish a non-disclosure agreement that prohibits disclosure of company confidential information without the carrier's authorization. Also, the data are protected under the Department of [[Page 57000]] Transportation regulation Title 49 CFR Part 9, which is in part concerned with the Department involvement in proceedings between private litigants. According to this statute, if information is subpoenaed, Volpe and Volpe contractors cannot ``provide testimony or produce any material contained in the files of the Department, or disclose any information or produce any material acquired as part of the performance of that employee's official duties or because of that employee's official duty status'' unless authorized by agency counsel after determining that, in legal proceedings between private litigants, such testimony would be in the best interests of the Department or that of the United States Government if disclosed. Finally, the name of those interviewed will not be requested. Form Number(s): FRA F 6180.126A; FRA F 6180.126B. Affected Public: Railroad Employees and Key Non-railroad Stakeholders. Respondent Universe: 300 Select Railroad Employees/Non-railroad Stakeholders. Frequency of Submission: On occasion. ---------------------------------------------------------------------------------------------------------------- Average time Collection instrument Respondent universe Total annual per response Total annual responses (minutes) burden hours ---------------------------------------------------------------------------------------------------------------- Form FRA F 6180.126A.............. 300 Individuals...... 220 forms............ 60 220 Form FRA F 6180.126B.............. 300 Individuals...... 60 forms............. 60 60 ---------------------------------------------------------------------------------------------------------------- Total Responses: 280. Estimated Annual Burden: 280 hours. Status: Extension of a Currently Approved Collection. 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. Rebecca Pennington, Chief Financial Officer. [FR Doc. 2013-22394 Filed 9-13-13; 8:45 am] BILLING CODE 4910-06-P