FRA Emergency Order No. 26

Forms and Documents

Document Name	Status
E.O. 26 EmrgncyClrCovrLttr.pdf Supplementary Document	2008-10-29
49 CFR 1.49a.doc Supplementary Document	2008-10-27
49 U.S.C. 20104.doc Supplementary Document	2008-10-27
49 U.S.C. 20103.doc Supplementary Document	2008-10-27
49 U.S.C. 20101.doc Supplementary Document	2008-10-27
E.O. 26 10-7-2008.pdf Supplementary Document	2008-10-27
drfEO26.doc Supporting Statement A	2008-10-27

IC Document Collections

IC ID	Document Title	Status
187024	FRA Emergency Order No. 26	New

ICR Details

OMB Control No: 2130-0579	ICR Reference No: 200810-2130-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: FRA Emergency Order No. 26
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/31/2008
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/07/2008
	Date Received in OIRA: 10/29/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2009	6 Months From Approved
Responses	130,738	0	0
Time Burden (Hours)	33,238	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: FRA has determined that public safety compels issuance of Emergency Order (E.O.) No. 26 to restrict the use of cell phones and other electronic/electrical devices by railroad operating employees while on-duty. The proposed collection of information will be used by FRA to ensure that railroads and their operating employees fulfill the requirements set out in E.O. 26 and thus enforce compliance.

Emergency Justfication: Due to the circumstances cited in E.O. 26 and in answer to question number one of this Supporting Justification relating to numerous accidents/incidents and accompanying injuries and fatalities caused by railroad operating employees' inappropriate use of cell phones and other electronic/electrical devices while on-duty, FRA cannot reasonably comply with the normal clearance procedures specified in 5 CFR 1320 (regarding the two Federal Register Notices and normal clearance timeframes) because public harm -- in the form of additional accidents/incidents and corresponding injuries and fatalities -- is likely to result if normal clearance procedures are followed. Consequently, FRA asks OMB to waive the requirements regarding these normal procedures.

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Authorizing Statute(s): US Code: 49 USC 20104 Name of Law: Railroad Safety Authorization Act of 1994
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 63764	10/27/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FRA Emergency Order No. 26

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	130,738	0	0	130,738	0	0
Annual Time Burden (Hours)	33,238	0	0	33,238	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection of information, so there are no program changes or adjustments.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/29/2008

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