Proposed Agency Information Collection Activities; Comment Request

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Federal RegisterJan 26, 2000
65 Fed. Reg. 4297 (Jan. 26, 2000)

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 March 27, 2000.

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., N.W., Mail Stop 17, Washington, D.C. 20590, or Ms. Dian Deal, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 35, Washington, D.C. 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) 493-6265 or (202) 493-6170, or E-mail to Mr. Brogan at robert.brogan@fra.dot.gov, or to Ms. Deal at dian.deal@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., N.W., Mail Stop 17, Washington, D.C. 20590 (telephone: (202) 493-6292) or Dian Deal, Office of Information Technology and Productivity Improvement, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., N.W., Mail Stop 35, Washington, D.C. 20590 (telephone: (202) 493-6133). (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). 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 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 are brief summaries of the three currently approved information collection activities that FRA will submit 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). See CFR 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: 30 railroads.

Frequency of Submission: On occasion.

Total Responses: 330 (30 rpts. + 300 rcds.)

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

Estimated Total Annual Burden: 200 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:

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 $116
219.9.(b)(2)—Responsibility for compliance 450 railroads 2 requests 1 hours 2 hours $70
219.11(b)(2)—Gen'l conditions for chemical tests 450 Medical Fac. 1 document 15 minutes 15 minutes $72
219.11 (g) & 219. 302 (c)(2)(ii)—Training-Alcohol and Drug 5 railroads 5 programs 3 hours 15 hours $525
—Training 200 railroads 250 training class 3 hours 750 hours $26,250
230.23 (d)—Notice of Educ'l Materials to employees 200 railroads 200 sets-material 1 hour 200 hours $7,000
—Notice to Employee Organizations 15 railroads 15 notices 1 hour 15 hours $525
219.104/219.107/40.47—Removal from cov. Service 200 railroads 20 letters 1 hour 20 hours $700
219.201 (c) Good Faith Determination 200 railroads 10 reports 30 minutes 5 hours $175
219.203/207/209—Notifications by Phone to FRA 200 railroads 104 phone calls 10 minutes 17 hours $595
219.205—Sample Collection and Handling 450 railroads 400 forms 15 minutes 100 hours $2,900
—Form covering accidents/incidents 450 railroads 100 forms 10 minutes 17 hours $595
219.209 (b)—Narrative Response-refusal to provide sample 450 railroads 0 reports 0 min./hr. 0 hours $0
219.209 (c)—Records-Tests promptly 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 $70
219.211 (e)—Written response from employees to FRA re: results of toxicological analysis 200 employees 0 written response 0 min./hr. 0 hour $0
219.211 (h)—Recordkeeping-Post Accident Toxicology Tests 25 laboratories N/A N/A N/A N/A
219.211 (i)—Employees request for a retest of split blood and urine samples 450 railroads 0 letters 0 min./hr. 0 hours $0
219.213 (b)—Notice of Disqualification 450 railroads 0 notices 0 min./hr. 0 hours $0
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 policies 40 hours 200 hours $7,000
219.405 (c) (1)—Report by Co-worker 200 railroads 200 reports 5 minutes 17 hours $493
219.407—Alternate Policies 200 railroads 0 policy doc. 0 min./hr. 0 hours $0
—Amendments/Revocations 200 railroads 0 amend/rev. 0 min./hr. 0 hour $0
219.403/405—SAP Counselor Evaluation 450 railroads 700 reports 10 minutes 117 hours $4,095
219.601 (a)—RR Random Drug Testing Programs 5 railroads 5 programs 1 hour 5 hours $175
—Amendments 450 railroads 20 amendments 1 hour 20 hours $700
219.601 (b)(4/; 219.601 (d)—Notices to Employees 450 railroads 4,000 notices .5 minute 33 hours $1,155
—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
219.601 (b) (1)—Random Selection Proc.—Drug 450 railroads 5,400 documents 4 hours 21,600 hours $756,000
219.603 (a)—Specimen Security-Notice By Employee Asking to be Excused-Urine Testing 20,000 employees 200 excuse doc. 2 minutes 7 hours $203
219.607—RR Random Alcohol Testing Programs 5 railroads 5 programs 1 hour 5 hours $175
—Amendments to Approved Program 450 railroads 20 amendments 1 hour 20 hours $700
219.607 (b) (1)—Random Selection Proc.—Alcohol 450 railroads 219.601 219.601 219.601 219.601
219.607 (c) (1)—Notice to Employees 450 railroads 219.601 219.601 219.601 219.601
—New Railroads 5 railroads 219.601 219.601 219.601 219.601
219.609—Notice by Employee to be Excused from Random Alcohol Testing 219.601 219.601 219.601 219.601 219.601
219.703 (a)&40.23-Specimen Security 450 railroads 40,000 forms 15 minutes 10,000 hours $290,000
219.705 (c)—Approval to test for Additional Controlled Substances or alternative methods 200 railroads 0 Requests 0 hours 0 hours $0
219.707 9(c) (d)&40.33—Review by MRO of Urine Drug Testing Results/ Employee Notification.
—Positive Drug Test Result 200 MROs 980 reports 2 hours 1,960 hours $68,600
—Copies of Positive Test Results to Employees 450 railroads 980 tests 15 minutes 245 hours $8,575
—Negative Test Results 450 railroads 48,020 letters 10 minutes 8,003 hours $280,105
219.709—Retests-Written Request by Employee 450 railroads 10 letters 30 minutes 5 hours $145
219.711 (c)&40.25 (f) (22) (ii)—Employee Consent 100,000 employees 60 letters 5 minutes 5 hours $145
—Employee Release Form 450 railroads 12,863 letters 5 minutes 1,072 hours $31,088
219.715&40.57/59/61—Alcohol Testing Procedures 219.703 219.703 219.703 219.703 219.703
40.65—Admin. of Confirmatory Tests 40,000 employees 20 tests 30 minutes 10 hours $290
—Notice to Employee—Confirmation Test 200 railroads 200 notices 1 hour 200 hours $7,000
—Submission of Test Result to Employer 200 railroads 20 tests 15 minutes 5 hours $175
40.69—Inability to provide an adequate breath amount 200 railroads 10 cases 12 minutes 2 hours $70
—Evaluation from Licensed Physician 200 railroads 10 cases 1 hour 10 hours $290
—Written Statement from Physician 200 railroads 10 cases 1 hour 10 hours $350
40.81—Availability/Disclosure of Alcohol Testing Information about Individual Employees 200 railroads 60 letters 5 minutes 5 hours $145
—Copies of Records—Breath Alcohol Test 40,000 employees 4 requests 30 minutes 2 hours $64
40.83—Maintenance/Disclosure of Records concerning EBTs and BATs 450 railroads 1,500 records 5 minutes 125 hours $4,375
219.801—Reporting Alcohol Misuse Prevention Program Results in a Management Info. System
—Alcohol Testing Management Info. System Data Collection Form 53 railroads 25 forms 4 hours 100 hours $3,500
—Easy Data Collection Form—No Alcohol Misuse 53 railroads 25 forms 2 hours 50 hours $1,750
219.803—Reporting Drug Misuse Prev. Results in a Management Info. System
—Drug Testing Management Info. Sys. Data Collection Form 53 railroads 25 forms 4 hours 100 hours $3,500
—Drug Testing Management Info. Sys.-Zero Positives—Data Collection Form 53 railroads 25 forms 2 hours 50 hours $1,750
219.901—Retention of Breath Alcohol Testing Records; Retention of Urine Drug Testing 450 railroads 100,500 records 5 minutes 8,375 hours $293,125
—Summary Report of Breath Alcohol/Drug Test 450 railroads 200 reports 2 hours 400 hours $14,000
40.23(d)(2)(ii)—Written Instructions on Specimen Col 0 railroads 0 instructions 0 minutes 0 hours $0
40.29 (a)(2)&(b)—Lab. Chain of Custody Proc. 25 laboratories 58,212 forms 15 minutes 14,553 hours $422,037
40.31 (c) (1)—RR Blind Performance Test Proc. 25 laboratories 1,176 tests 1 minute 20 hours $580
40.29 (g) (1)&(5)—Lab Test Result Rpts to MRO 25 laboratories 52,920 reports 30 minutes 26,460 hours $767,340
40.29 (g) (6)—Lab/Monthly Stat Summary of Urinalysis 25 laboratories 2,400 reports 2 hours 4,800 hours $139,200
40.29 (g) (8)&(m)—Recordkeeping—Labs. 25 laboratories 25 document files 240 hours 6,000 hours $174,000
40.31(d) (6) Unsatisfactory Perf. Test Results 25 laboratories 2 reports 10 hours 20 hours $580
40. 31(d) (7)&(8)—False Positive Error/Retesting 25 laboratories 1 report 50 hours 50 hours $1,450
—False Positive on Blind Test Performance 25 laboratories 1 report 50 hours 50 hours $1,450
40.33—Reporting/Review—Split Sample Test Results 200 railroads 18 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's Request for Access to Test Records 100,000 employees 30 requests 30 minutes 15 hours $435
Incl. under.

Respondent Universe: 450 railroads.

Frequency of Submission: On occasion.

Total Responses: 357,251.

Estimated Total Annual Burden: 106,470 hours.

Status: Regular Review.

Pursuant to 44 U.S.C. 3507(a) and 5 C.F.R. 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, D.C. on January 19, 2000.

Margaret B. Reid,

Acting Director, Office of Information Technology and Support Systems, Federal Railroad Administration.

[FR Doc. 00-1800 Filed 1-25-00; 8:45 am]

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