[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Pages 7857-7858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02375]



Federal Railroad Administration

[Docket No. FRA 2013-0002-N-3]

Proposed Agency Information Collection Activities; Comment 

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice and request for comments.


SUMMARY: In compliance with the Paperwork Reduction Act of 1995, 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. The Federal 
Register notice with a 60-day comment period soliciting comments on the 
following collection of information was published on November 15, 2012.

DATES: Comments must be submitted on or before March 6, 2013.

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 November 15, 2012, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs for which the agency was 
seeking OMB approval. 77 FR 68203. FRA received one comment in response 
to this notice.
    On January 9, 2013, the Association of American Railroads (AAR) 
submitted a comment on behalf of itself and its member railroads. AAR 
stated its opposition to the proposed renewal of OMB's approval of 
FRA's requirement that rolling stock with glazing materials be 
stenciled and noted that 49 CFR 223.17 and 49 CFR 223, Appendix A, set 
forth FRA's glazing requirements. Section 223.17 requires the 
stenciling of the walls of rolling stock as follows:

    Each locomotive, passenger car and caboose that is fully 
equipped with glazing materials that meets the requirements of this 
part shall be stenciled on an interior wall as follows:
    ``Fully Equipped FRA Part 223 glazing'' or similar words 
conveying that meaning in letters at least \3/8\ inch high.

Appendix A requires more detailed information than section 223.17. It 
provides the following:

c. Material Identification

    (1) Each individual unit of glazing material shall be 
permanently marked, prior to installation, to indicate that this 
type of material has been successfully tested as set forth in this 
appendix and that marking shall be done in such a manner that it is 
clearly visible after the material has been installed.
    (2) Each individual unit of a glazing material that has 
successfully passed the Type I testing regimen shall be marked to 
    (i) ``FRA Type I'' material;
    (ii) the manufacturer of the material;
    (iii) the type or brand identification of the material.
    (3) Each individual unit of a glazing material that has 
successfully passed the Type II testing regimen shall be marked to 
    (i) ``FRA Type II'' material;
    (ii) the manufacturer of the material;
    (iii) the type or brand identification of the material.

    AAR believes that, ``with glazing materials required to have 
detailed information set forth in Appendix A, there is no reason to 
require the information on the walls of rolling stock required by 
section 223.17. Section 223.17 is simply superfluous.'' In its letter, 
AAR pointed out that it filed a petition with FRA in 2004 to eliminate 
the stenciling requirement under 49 CFR 223.17 and remarked:

    With more than eight years having elapsed since AAR filed its 
petition, it is past the point in time when FRA should have acted to 
eliminate the requirement to stencil rolling stock. OMB should deny 
the request to approve this useless information collection 

    FRA fully acknowledges the issue that AAR raises in its January 9th 
letter and in its earlier petition to FRA. For some time, FRA has 
planned to address this issue through an agency rulemaking. However, 
FRA cannot always proceed with a rulemaking as quickly as it or the 
regulated community would like, even when the agency knows that a 
current rule needs to be revised. The AAR well knows that the 
rulemaking process is neither a fast nor a simple process. Myriad 
points of view must be considered before the agency changes an existing 
rule. To achieve its mission to promote and enforce all areas of rail 
safety, FRA must prioritize its rulemaking agenda to address those 
areas that will most greatly and directly impact rail safety. In that 
regard, the current state of rail safety throughout the nation is a 
prime consideration. Rail accidents and incidents that occur at any 
given time and result in numerous injuries, fatalities, significant 
property damage, or harm to nearby communities will demand urgent 
agency action. Items on the agency regulatory agenda then will be moved 
up or down depending on current rail events. Having said all the above, 
FRA plans on revising its Safety Glazing Standards Rule (49 CFR Part 
223) later this year. FRA will carefully review section 223.17 and 
other requirements in this rule that are deemed unnecessary or 
superfluous with the object of eliminating them. FRA asks AAR's 
patience and asks OMB to approve this latest renewal information 
collection submission with its current requirements for the maximum 
time period while FRA works on completing its intended rulemaking 
    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 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 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.

[[Page 7858]]

    Title: Certification of Glazing Materials.
    OMB Control Number: 2130-0525.
    Type of Request: Extension without change of a previously approved 
information collection.
    Affected Public: 5 Manufacturers.
    Abstract: The collection of information is set forth under 49 CFR 
Part 223, which requires the certification and permanent marking of 
glazing materials by the manufacturer. The manufacturer is also 
responsible for making available test verification data to railroads 
and FRA upon request.
    Form Number(s): N/A
    Annual Estimated Burden Hours: 119 hours
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings
    Title: Disqualification Proceedings
    OMB Control Number: 2130-0529
    Type of Request: Extension without change of a previously approved 
information collection
    Affected Public: 40,000 Locomotive Engineers
    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 
    Annual Estimated Burden Hours: 5 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: [email protected]
    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 the Federal 

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on January 29, 2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad Administration.
[FR Doc. 2013-02375 Filed 2-1-13; 8:45 am]