# 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 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 [email protected], or to Ms. Deal 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, 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 |
*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.