Justification for 2130-0537

RAILROAD POLICE OFFICERS

OMB No. 2130-0537

Summary of Submission

• This submission is a request for no material or non-substantive change of the currently approved collection of information , which expires on September 30, 2013. Only the number of respondents has changed (from 728 to 763 railroads).

• The total number of burden hours requested for this submission is 181 hours.

• The total number of burden hours previously approved for this submission was 181 hours.

• Total number of responses requested for this submission is 70.

• The total number of responses previously approved for this information collection was 70.

• **The answer to question number 12 itemizes the hourly burden associated with each requirement of this rule (See pp. 4-6).

Circumstances that make collection of the information necessary.

Background

49 U.S.C. Section 28101 (formerly Section 1704 of the Crime Control Act of 1990) authorizes railroad employees who are commissioned as railroad police officers by any state to enforce, in accordance with DOT regulations, the laws of any state in which the employers of railroad police officers’ own property for the purpose of protecting railroad property, personnel, passengers, and cargo. Specifically, a railroad police officer may enforce relevant laws for the protection of the following: (1) The railroad’s employees, passengers, or patrons; (2) The railroad’s property or property entrusted to the railroad for transportation purposes; (3) The intrastate, interstate, or foreign movement of cargo in the railroad’s possession or in possession of another railroad or non-rail carrier while on the railroad property; and (4) The railroad movement of personnel, equipment, and materials vital to the national defense.

49 CFR § 207.4 implements the Crime Control Act of 1990 by requiring notice to appropriate state officials – after designation of railroad police officers – of every other state in which the railroad intends to have railroad police officers protecting railroad property, personnel, passengers, and cargo. The authority exercised under this part by an officer for whom the railroad has provided notice in accordance with § 207.4 is the same as that of a railroad police officer commissioned under the laws of that state.

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