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Proposed Agency Information Collection Activities; Comment Request

85 Fed. Reg. 86644 (Dec. 30, 2020)

Proposed Agency Information Collection Activities; Comment Request

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Federal RegisterDec 30, 2020
85 Fed. Reg. 86644 (Dec. 30, 2020)

AGENCY:

Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT).

ACTION:

Notice of information collection; request for comment.

SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.

DATES:

Interested persons are invited to submit comments on or before March 1, 2021.

ADDRESSES:

Submit comments and recommendations for the proposed ICR to Ms. Hodan Wells, Information Collection Clearance Officer at email: hodan.wells@dot.gov or telephone: (202) 493-0440. 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.

SUPPLEMENTARY INFORMATION:

The PRA, 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 to allow comment on information collection activities before seeking OMB approval of the activities. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, FRA invites interested parties to comment on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (2) 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; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways for FRA to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1).

FRA believes that soliciting public comment may reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations mandate. In summary, FRA reasons that comments received will advance three objectives: (1) Reduce reporting burdens; (2) organize information collection requirements in a “user-friendly” format to improve the use of such information; and (3) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501.

The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:

Title: Conductor Certification.

OMB Control Number: 2130-0596.

Abstract: FRA's conductor certification regulation (49 CFR part 242) requires railroads to have a formal program for certifying conductors. As part of that program, railroads are required to have a formal process for training prospective conductors and determining that all persons are competent before permitting them to serve as a conductor. FRA intended the regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors. FRA collects information to ensure that railroads and their employees fully comply with all the requirements of part 242, including a conductor certification/recertification program, fitness requirements, initial and periodic testing of conductors, and territorial qualifications.

Type of Request: Extension with change (estimates) of a currently approved collection.

Affected Public: Businesses.

Form(s): N/A.

Respondent Universe: 765 railroads.

Frequency of Submission: On occasion.

Reporting Burden:

CFR section Respondent universe Total annual responses Average time per response Total annual burden hours Total cost equivalent
242.9—Waivers—petitions 765 railroads 3 petitions 3 hours 9 $693
242.103(b)—Approval of design of individual railroad programs by FRA—Certification programs for new railroads 3 new railroads 3 new conductor certification programs 8 hours 24 2,880
—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs) 765 railroads 6 certification program submission copies 15 minutes 2 154
—(c)(2) Affirmative statements that copies of submissions were sent to RLOs 765 railroads 6 affirmative statements 15 minutes 2 154
—(d) Certified comments on submissions 765 railroads 6 certified comments 4 hours 24 1,848
—(g) Certification programs disapproved by FRA and then revised 765 railroads 15 modified programs 3 hours 45 3,465
—(h) Revised certification programs still not conforming and then resubmitted 765 railroads 3 resubmitted certification programs 2 hours 6 462
—(i)(2) Certification programs materially modified after initial FRA approval 765 railroads 15 certificate program material modifications 2 hours 30 2,310
—(i)(3) Materially modified programs disapproved by FRA and then revised 765 railroads 3 modified certification programs 2 hours 6 462
242.107—Types of service—reclassification to passenger conductor or RR imposes restrictions 35 railroads 400 records of trainings 2 minutes 13 767
242.109—Opportunity for certification candidates to review and comment on prior safety record, and RRs to retain/respond to comments 765 railroads 200 records + 200 comments 30 minutes + 10 minutes 133 9,647
242.111(b)—Prior safety conduct as motor vehicle operator—eligibility determinations 765 railroads 16,200 eligibility determinations 10 minutes 2,700 207,900
—(c) Initial certification for 60 days 765 railroads 150 initial certifications 10 minutes 25 1,925
—(d) Recertification for 60 days 765 railroads 125 re-certifications 10 minutes 21 1,617
—(h) Request to obtain driver's license information from licensing agency 48,500 conductors 16,200 written requests 15 minutes 4,050 238,950
—(k) Notification to RR by persons of never having a license 48,500 conductors 25 notices 10 minutes 4 236
—(l) Report of motor vehicle incidents 48,500 conductors 400 self-reporting 10 minutes 67 3,953
—(m)-(n) Evaluation of driving record 48,500 conductors 16,200 motor vehicle record evaluations 5 minutes 1,350 79,650
—(o)(1) Drug and alcohol counselor (DAC) referral by RR after report of driving drug/alcohol incident 765 railroads 400 DAC referrals 5 minutes 33 3,960
—(o)(2) DAC request and supply by persons of prior counseling or treatment 765 railroads 20 requests and supplied records 30 minutes 10 1,200
—(o)(3) Conditional certifications recommended by DAC 765 railroads 50 conditional certification recommendations 4 hours 200 24,000
242.113—Prior safety conduct as employee of a different railroad 48,500 conductors 360 requests + 360 records 15 minutes + 30 minutes 270 20,790
242.115(b)—Determination that person meets eligibility requirements 48,500 conductors 16,200 determinations 2 minutes 540 31,860
—(c) Written documents from DAC that person is not affected by a substance abuse disorder 48,500 conductors 400 filed documents 30 minutes 200 24,000
—(d) Self-referral by conductors for substance abuse counseling 765 railroads 30 self-referrals 10 minutes 5 600
—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors 765 railroads 16,200 certification reviews 10 minutes 2,700 324,000
—(e)(3)(i) Written determination that most recent incident has occurred 765 railroads 150 written determinations 1 hour 150 18,000
—(e)(3)(ii) Notification to person that recertification has been denied 765 railroads 300 notifications 30 minutes 150 11,550
—(e)(4) Persons/conductors waiving investigation/de-certifications 48,500 conductors 300 waived investigations 10 minutes 50 2,950
242.117(b)—Vision and hearing acuity—determination vision standards met 765 railroads 16,200 records 2 minutes 540 64,800
—(b) Determination hearing standards met 765 railroads 16,200 records 2 minutes 540 64,800
—(c)(1) Medical examiner certificate that person has been examined/passed test 765 railroads 16,200 medical examiner certificates 10 minutes 2,700 324,000
—(c)(2)(i) Document standards met with conditions 765 railroads 100 written documents 30 minutes 50 6,000
—(c)(2)(ii) Document standards not met 765 railroads 100 written documents 30 minutes 50 6,000
—(e) Notation person needs corrective device (glasses/hearing aid) 765 railroads 5,000 certificate notifications 10 minutes 833 99,960
—(j) Request for further medical evaluation for new determination 765 railroads 100 requests + 100 records of field tests 30 minutes + 10 minutes 67 4,950
—(j) Request for second retest and another medical evaluation 765 railroads 25 retest requests + 25 reviews 30 minutes + 10 minutes 17 1,238
—(j) Consultations by medical examiners with railroad officer and issue of conditional certification 765 railroads 100 consults + 100 certifications 30 minutes + 10 minutes 67 7,283
—(k) Notification by certified conductor of deterioration of vision/hearing 765 railroads 20 notifications 10 minutes 3 177
242.119(a)—Training—new railroads—training program 3 new railroads 3 training programs 3 hours 9 1,080
—(a) Modification to training program 765 railroads 3 programs 30 minutes 2 154
—(c) Completion of training program by conductors/persons—documents 765 railroads 100 written documents 1 hour 100 7,700
—(d)(5) Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment 765 railroads 24 modified training programs 2 hours 48 3,696
—(f) Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics of any assigned territory 765 railroads 1,000 consultations 15 minutes 250 14,750
—(i) Familiarization training for conductor of acquiring railroad from selling company/railroad prior to commencement of new operation 765 railroads 20 training records 15 minutes 5 295
—(l) RR continuous education/training of conductors 765 railroads 16,200 training records 15 minutes 4,050 238,950
242.121(a)—Knowledge testing—determining eligibility 765 railroads 16,200 examination records 15 minutes 4,050 238,950
—(g) Retests/re-examinations 765 railroads 1,000 retests or reexamination records 15 minutes 250 14,750
242.123(c)—Monitoring operational performance —unannounced compliance tests and records 765 railroads 16,200 unannounced compliance test records 10 minutes 2,700 207,900
—(f) Return to service that requires unannounced compliance test/record 765 railroads 1,000 unannounced compliance test records 10 minutes 167 12,859
242.125—Determination made by railroad relying on another railroad's certification 765 railroads 100 determinations 30 minutes 50 2,950
242.127—Reliance on qualification requirements of other countries 765 railroads 20 determinations 30 minutes 10 590
242.203(b)—Retaining information supporting determination—records 765 railroads 16,200 record retentions 15 minutes 4,050 311,850
—(c) Amended electronic records 765 railroads 20 amended records 30 minutes 10 770
242.209(a)—Maintenance of certificates—request to display certificate 765 railroads 2,000 displayed certificates 2 minutes 67 3,953
—(b) Notification by conductors that RR request to serve exceeds certification 765 railroads 1,000 notifications 10 minutes 167 9,853
242.211—Replacement of certificates 765 railroads 500 temporary replacement certificates 5 minutes 42 3,234
242.213(e)—Multiple certificates—notification to engineer that no conductor is on train 35 railroads 5 locomotive engineer notifications 10 minutes 1 hour 70
—(f) Notification of denial of certification by individuals holding multiple certifications 765 railroads 10 notifications 10 minutes 2 118
242.215(a)—Railroad oversight responsibility—review and analysis of administration of certification program 53 railroads 53 reviews and analyses 40 hours 2,120 163,240
—(d) Report of findings by RR to FRA 765 railroads 53 reports 4 hours 212 16,324
242.301(a)—Determinations—territorial qualification and joint operations 320 railroads 1,000 determinations 15 minutes 250 14,750
—(b) Notification by persons who do not meet territorial qualification 320 railroads 500 notifications 10 minutes 83 4,897
242.401(a)—Denial of certification—notification to candidate of information that forms basis for denying certification 765 railroads 40 notices + 40 responses 1 hour + 1 hour 80 5,440
—(c) Written notification of denial of certification, including the basis and response to any rebuttal from the candidate 765 railroads 80 notifications 1 hour 80 6,160
242.403—Criteria for revoking certification—review of compliance conduct 765 railroads 1,000 certification reviews 15 minutes 250 14,750
242.405—Period of ineligibility—written determination that the most recent incident has occurred 765 railroads 1,000 written determinations 1 hour 1,000 59,000
242.407(a)—Process for revoking certification —revocation for violations of § 242.115(e) 765 railroads 1,000 revoked certifications 8 hours 8,000 960,000
—(b)(1) Immediate suspension of certificate 765 railroads 1,000 suspended certification letters 1 hour 1,000 77,000
—(b)(5) Determinations based on railroad hearing record 765 railroads 1,000 determinations 15 minutes 250 14,750
—(b)(7) Hearing record 765 railroads 1,000 records 15 minutes 250 19,250
—(c) Written decisions by railroad official 765 railroads 1,000 written decisions 2 hours 2,000 240,000
—(c) Service of written decision on employee by RR and RR retains proof of service 765 railroads 1,000 served written decisions + 1,000 service proofs 10 minutes + 5 minutes 250 19,250
—(f) Written waiver of right to hearing 48,500 conductors 700 written waivers 10 minutes 117 6,903
—(g) Revocation of certification based on information that another railroad has done so 765 railroads 15 revoked certifications 10 minutes 3 360
—(j) Placing relevant information in record prior to suspending certification/convening hearing 765 railroads 100 updated records 1 hour 100 7,700
Totals 765 railroads 222,386 responses N/A 49,761 4,303,437

The current inventory exhibits a total burden of 856,406 hours while the total burden of this notice is 49,761 hours. FRA determined some of the burdens were outdated and already completed. Other burdens were not derived from PRA requirements, thus leading to the increased figures in the current inventory, which were decreased accordingly in this notice. Also, totals may not add due to rounding.

The dollar equivalent cost is derived from the Surface Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.

Total Estimated Annual Responses: 222,386.

Total Estimated Annual Burden: 49,761 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent: $4,303,437.

Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that a respondent is not required to respond to, conduct, or sponsor a collection of information that does not display a currently valid OMB control number.

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

Brett A. Jortland,

Deputy Chief Counsel.

[FR Doc. 2020-28832 Filed 12-29-20; 8:45 am]

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