Proposed Agency Information Collection Activities; Comment Request, 86644-86647 [2020-28832]
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86644
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
• noncontroversial and do not raise
issues of concern to other Federal
agencies;
• targeted to the solicitation of
opinions from respondents who have
experience with the program or may
have experience with the program in the
near future;
• only collecting personally
identifiable information (PII) to the
extent necessary and not retaining it;
• only collecting information
intended to be used only internally for
general service improvement and
program management, and any release
outside the agency must indicate the
qualitative nature of the information;
• not to be used for the purpose of
substantially informing influential
policy decisions; and
• intended to yield only qualitative
information; the collections will not be
designed or expected to yield
statistically reliable results or used as
though the results are generalized to the
population of study.
This type of generic clearance for
qualitative information will not be used
for quantitative information collections
that are designed to yield reliably
actionable results, such as monitoring
trends over time or documenting
program performance. Such data uses
require more rigorous designs that
address: The target population to which
generalizations will be made; the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size; and the expected response
rate, methods for assessing potential
nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior to
fielding the study. Depending on the
degree of influence the results are likely
to have, such collections may still be
eligible for submission for other
mechanisms that are designed to yield
quantitative results. As a general matter,
information collections will not result
in any new system of records containing
privacy information and will not ask
questions of a sensitive nature, such as
sexual behavior and attitudes, religious
beliefs, and other matters that are
commonly considered private.
Title: Generic Clearance of Customer
Satisfaction Surveys.
OMB Control Number: 2126–0061.
Type of Request: Renewal of currently
approved collection.
Respondents: State and local agencies,
general public and stakeholders;
original equipment manufacturers
(OEM) and suppliers to the commercial
motor vehicle (CMV) industry; fleets,
owner-operators, state CMV safety
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19:10 Dec 29, 2020
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agencies, research organizations and
contractors; news organizations and
safety advocacy groups.
Estimated Number of Respondents:
5,900 [5,000 customer satisfaction
survey respondents + 100 listening
sessions/stakeholder feedback forums
respondents + 300 focus group
respondents + 500 strategic planning
customer satisfaction survey
respondents].
Estimated Time per Response: Range
from 10 to 120 minutes.
Expiration Date: August 31, 2021.
Frequency of Response: Generally, on
an annual basis.
Estimated Total Annual Burden:
1,758 hours [833 hours for customer
satisfaction surveys + 200 hours for
listening sessions/stakeholder feedback
forums + 600 hours for focus groups +
125 hours for strategic planning
customer satisfaction surveys].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2020–28849 Filed 12–29–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–38]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) abstracted below. Before
SUMMARY:
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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.
Interested persons are invited to
submit comments on or before March 1,
2021.
DATES:
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.
ADDRESSES:
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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
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:
Total annual
burden
hours
Total cost
equivalent 2
3 hours ..............................
8 hours ..............................
9
24
$693
2,880
15 minutes ........................
2
154
765 railroads ............
6 certification program
submission copies.
6 affirmative statements ...
15 minutes ........................
2
154
765 railroads ............
765 railroads ............
6 certified comments ........
15 modified programs .......
4 hours ..............................
3 hours ..............................
24
45
1,848
3,465
765 railroads ............
3 resubmitted certification
programs.
15 certificate program material modifications.
3 modified certification
programs.
400 records of trainings ....
2 hours ..............................
6
462
2 hours ..............................
30
2,310
2 hours ..............................
6
462
2 minutes ..........................
13
767
765 railroads ............
200 records + 200 comments.
30 minutes + 10 minutes ..
133
9,647
765 railroads ............
10 minutes ........................
2,700
207,900
765 railroads ............
765 railroads ............
48,500 conductors ...
16,200 eligibility determinations.
150 initial certifications .....
125 re-certifications ..........
16,200 written requests ....
10 minutes ........................
10 minutes ........................
15 minutes ........................
25
21
4,050
1,925
1,617
238,950
48,500 conductors ...
25 notices .........................
10 minutes ........................
4
236
48,500 conductors ...
48,500 conductors ...
400 self-reporting ..............
16,200 motor vehicle
record evaluations.
400 DAC referrals .............
10 minutes ........................
5 minutes ..........................
67
1,350
3,953
79,650
5 minutes ..........................
33
3,960
30 minutes ........................
10
1,200
4 hours ..............................
200
24,000
15 minutes + 30 minutes ..
270
20,790
48,500 conductors ...
20 requests and supplied
records.
50 conditional certification
recommendations.
360 requests + 360
records.
16,200 determinations ......
2 minutes ..........................
540
31,860
48,500 conductors ...
400 filed documents .........
30 minutes ........................
200
24,000
765 railroads ............
30 self-referrals .................
10 minutes ........................
5
600
765 railroads ............
16,200 certification reviews.
10 minutes ........................
2,700
324,000
765 railroads ............
150 written determinations
1 hour ...............................
150
18,000
765 railroads ............
300 notifications ................
30 minutes ........................
150
11,550
48,500 conductors ...
300 waived investigations
10 minutes ........................
50
2,950
765 railroads ............
16,200 records ..................
2 minutes ..........................
540
64,800
765 railroads ............
765 railroads ............
2 minutes ..........................
10 minutes ........................
540
2,700
64,800
324,000
765 railroads ............
16,200 records ..................
16,200 medical examiner
certificates.
100 written documents .....
30 minutes ........................
50
6,000
765 railroads ............
100 written documents .....
30 minutes ........................
50
6,000
CFR section 1
Respondent universe
Total annual
responses
Average time per
response
242.9—Waivers—petitions ...........................................
242.103(b)—Approval of design of individual railroad
programs by FRA—Certification programs for new
railroads.
—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs).
—(c)(2) Affirmative statements that copies of
submissions were sent to RLOs.
—(d) Certified comments on submissions ............
—(g) Certification programs disapproved by FRA
and then revised.
—(h) Revised certification programs still not conforming and then resubmitted.
—(i)(2) Certification programs materially modified
after initial FRA approval.
—(i)(3) Materially modified programs disapproved
by FRA and then revised.
242.107—Types of service—reclassification to passenger conductor or RR imposes restrictions.
242.109—Opportunity for certification candidates to
review and comment on prior safety record, and
RRs to retain/respond to comments.
242.111(b)—Prior safety conduct as motor vehicle
operator—eligibility determinations.
—(c) Initial certification for 60 days ......................
—(d) Recertification for 60 days ...........................
—(h) Request to obtain driver’s license information from licensing agency.
—(k) Notification to RR by persons of never having a license.
—(l) Report of motor vehicle incidents .................
—(m)–(n) Evaluation of driving record ..................
765 railroads ............
3 new railroads ........
3 petitions .........................
3 new conductor certification programs.
765 railroads ............
—(o)(1) Drug and alcohol counselor (DAC) referral by RR after report of driving drug/alcohol incident.
—(o)(2) DAC request and supply by persons of
prior counseling or treatment.
—(o)(3) Conditional certifications recommended
by DAC.
242.113—Prior safety conduct as employee of a different railroad.
242.115(b)—Determination that person meets eligibility requirements.
—(c) Written documents from DAC that person is
not affected by a substance abuse disorder.
—(d) Self-referral by conductors for substance
abuse counseling.
—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors.
—(e)(3)(i) Written determination that most recent
incident has occurred.
—(e)(3)(ii) Notification to person that recertification has been denied.
—(e)(4) Persons/conductors waiving investigation/de-certifications.
242.117(b)—Vision and hearing acuity—determination
vision standards met.
—(b) Determination hearing standards met .........
—(c)(1) Medical examiner certificate that person
has been examined/passed test.
—(c)(2)(i) Document standards met with conditions.
—(c)(2)(ii) Document standards not met ..............
765 railroads ............
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765 railroads ............
765 railroads ............
35 railroads ..............
765 railroads ............
765 railroads ............
48,500 conductors ...
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86646
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Total annual
burden
hours
Total cost
equivalent 2
10 minutes ........................
833
99,960
30 minutes + 10 minutes ..
67
4,950
30 minutes + 10 minutes ..
17
1,238
30 minutes + 10 minutes ..
67
7,283
20 notifications ..................
10 minutes ........................
3
177
3 training programs ..........
3 hours ..............................
9
1,080
3 programs .......................
100 written documents .....
30 minutes ........................
1 hour ...............................
2
100
154
7,700
765 railroads ............
24 modified training programs.
2 hours ..............................
48
3,696
765 railroads ............
1,000 consultations ...........
15 minutes ........................
250
14,750
765 railroads ............
20 training records ............
15 minutes ........................
5
295
765 railroads ............
16,200 training records .....
15 minutes ........................
4,050
238,950
765 railroads ............
15 minutes ........................
4,050
238,950
15 minutes ........................
250
14,750
10 minutes ........................
2,700
207,900
10 minutes ........................
167
12,859
765 railroads ............
16,200 examination
records.
1,000 retests or reexamination records.
16,200 unannounced compliance test records.
1,000 unannounced compliance test records.
100 determinations ...........
30 minutes ........................
50
2,950
765 railroads ............
20 determinations .............
30 minutes ........................
10
590
765 railroads ............
16,200 record retentions ..
15 minutes ........................
4,050
311,850
765 railroads ............
765 railroads ............
20 amended records ........
2,000 displayed certificates.
1,000 notifications .............
30 minutes ........................
2 minutes ..........................
10
67
770
3,953
10 minutes ........................
167
9,853
5 minutes ..........................
42
3,234
10 minutes ........................
1 hour
70
765 railroads ............
500 temporary replacement certificates.
5 locomotive engineer notifications.
10 notifications ..................
10 minutes ........................
2
118
53 railroads ..............
53 reviews and analyses ..
40 hours ............................
2,120
163,240
765 railroads ............
320 railroads ............
53 reports .........................
1,000 determinations ........
4 hours ..............................
15 minutes ........................
212
250
16,324
14,750
320 railroads ............
500 notifications ................
10 minutes ........................
83
4,897
765 railroads ............
40 notices + 40 responses
1 hour + 1 hour ................
80
5,440
765 railroads ............
80 notifications ..................
1 hour ...............................
80
6,160
765 railroads ............
1,000 certification reviews
15 minutes ........................
250
14,750
765 railroads ............
1,000 written determinations.
1,000 revoked certifications.
1,000 suspended certification letters.
1,000 determinations ........
1 hour ...............................
1,000
59,000
8 hours ..............................
8,000
960,000
1 hour ...............................
1,000
77,000
15 minutes ........................
250
14,750
1,000 records ....................
1,000 written decisions .....
1,000 served written decisions + 1,000 service
proofs.
15 minutes ........................
2 hours ..............................
10 minutes + 5 minutes ....
250
2,000
250
19,250
240,000
19,250
CFR section 1
Respondent universe
Total annual
responses
Average time per
response
—(e) Notation person needs corrective device
(glasses/hearing aid).
—(j) Request for further medical evaluation for
new determination.
—(j) Request for second retest and another medical evaluation.
—(j) Consultations by medical examiners with
railroad officer and issue of conditional certification.
—(k) Notification by certified conductor of deterioration of vision/hearing.
242.119(a)—Training—new railroads—training program.
—(a) Modification to training program ..................
—(c) Completion of training program by conductors/persons—documents.
—(d)(5) Modified training programs due to new
laws, regulations, orders, technologies, procedures, or equipment.
—(f) Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics
of any assigned territory.
—(i) Familiarization training for conductor of acquiring railroad from selling company/railroad
prior to commencement of new operation.
—(l) RR continuous education/training of conductors.
242.121(a)—Knowledge testing—determining eligibility.
—(g) Retests/re-examinations ..............................
765 railroads ............
5,000 certificate notifications.
100 requests + 100
records of field tests.
25 retest requests + 25 reviews.
100 consults + 100 certifications.
765 railroads ............
3 new railroads ........
765 railroads ............
765 railroads ............
242.123(c)—Monitoring
operational
performance
—unannounced compliance tests and records.
—(f) Return to service that requires unannounced compliance test/record.
242.125—Determination made by railroad relying on
another railroad’s certification.
242.127—Reliance on qualification requirements of
other countries.
242.203(b)—Retaining information supporting determination—records.
—(c) Amended electronic records ........................
242.209(a)—Maintenance of certificates—request to
display certificate.
—(b) Notification by conductors that RR request
to serve exceeds certification.
242.211—Replacement of certificates .........................
242.213(e)—Multiple certificates—notification to engineer that no conductor is on train.
—(f) Notification of denial of certification by individuals holding multiple certifications.
242.215(a)—Railroad oversight responsibility—review
and analysis of administration of certification program.
—(d) Report of findings by RR to FRA .................
242.301(a)—Determinations—territorial
qualification
and joint operations.
—(b) Notification by persons who do not meet
territorial qualification.
242.401(a)—Denial of certification—notification to
candidate of information that forms basis for denying certification.
—(c) Written notification of denial of certification,
including the basis and response to any rebuttal from the candidate.
242.403—Criteria for revoking certification—review of
compliance conduct.
242.405—Period of ineligibility—written determination
that the most recent incident has occurred.
242.407(a)—Process
for
revoking
certification
—revocation for violations of § 242.115(e).
—(b)(1) Immediate suspension of certificate ........
—(b)(5) Determinations based on railroad hearing record.
—(b)(7) Hearing record .........................................
—(c) Written decisions by railroad official ............
—(c) Service of written decision on employee by
RR and RR retains proof of service.
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765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
35 railroads ..............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
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86647
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Total annual
burden
hours
Total cost
equivalent 2
10 minutes ........................
10 minutes ........................
117
3
6,903
360
100 updated records ........
1 hour ...............................
100
7,700
222,386 responses ...........
N/A ....................................
49,761
4,303,437
Respondent universe
Total annual
responses
Average time per
response
—(f) Written waiver of right to hearing .................
—(g) Revocation of certification based on information that another railroad has done so.
—(j) Placing relevant information in record prior
to suspending certification/convening hearing.
48,500 conductors ...
765 railroads ............
700 written waivers ...........
15 revoked certifications ...
765 railroads ............
Totals .............................................................
765 railroads ............
CFR section 1
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]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–37]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On October 16, 2020,
SUMMARY:
1 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.
2 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.
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FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before January
29, 2021.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration,
telephone: (202) 493–0440, email:
Hodan.wells@dot.gov.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On October 16, 2020,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which it is now seeking
OMB approval. See 85 FR 65899. FRA
received no comments related to the
proposed collection of information.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983
(Aug. 29, 1995). OMB believes the 30day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983 (Aug.
29, 1995). Therefore, respondents
should submit their respective
comments to OMB within 30 days of
publication to best ensure having their
full effect.
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Comments are invited on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information 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 to minimize the
burden of information collection
activities on the public, including the
use of automated collection techniques
or other forms of information
technology.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Safety and Health Requirements
Related to Camp Cars.
OMB Control Number: 2130–0595.
Abstract: Subparts C and E of 49 CFR
part 228 address the construction of
railroad-provided sleeping quarters
(camp cars) and set certain safety and
health requirements for such camp cars.
Specifically, subpart E of part 228
prescribes minimum safety and health
requirements for camp cars that a
railroad provides as sleeping quarters to
any of its train employees, signal
employees, and dispatching service
employees (covered-service employees)
and individuals employed to maintain
its right-of-way. Subpart E requires
railroad-provided camp cars to be clean,
safe, and sanitary, and be equipped with
indoor toilets, potable water, and other
features to protect the health of car
occupants. Subpart C of part 228
prohibits a railroad from positioning a
camp car intended for occupancy by
individuals employed to maintain the
railroad’s right-of-way in the immediate
vicinity of a switching or humping yard
that handles railcars containing
hazardous materials. Generally, the
requirements of subparts C and E of part
228 are intended to provide coveredservice employees an opportunity for
rest free from the interruptions caused
by noise under the control of the
railroad.
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86644-86647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28832]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2020-0027-N-38]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
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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:
[email protected] 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.
[[Page 86645]]
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:
----------------------------------------------------------------------------------------------------------------
Total
Respondent Total annual Average time per annual Total cost
CFR section \1\ universe responses response burden equivalent
hours \2\
----------------------------------------------------------------------------------------------------------------
242.9--Waivers--petitions..... 765 railroads.... 3 petitions...... 3 hours......... 9 $693
242.103(b)--Approval of design 3 new railroads.. 3 new conductor 8 hours......... 24 2,880
of individual railroad certification
programs by FRA-- programs.
Certification programs for
new railroads.
--(c)(1) Conductor 765 railroads.... 6 certification 15 minutes...... 2 154
certification submission-- program
Copies to rail labor submission
organizations (RLOs). copies.
--(c)(2) Affirmative 765 railroads.... 6 affirmative 15 minutes...... 2 154
statements that copies of statements.
submissions were sent to
RLOs.
--(d) Certified comments 765 railroads.... 6 certified 4 hours......... 24 1,848
on submissions. comments.
--(g) Certification 765 railroads.... 15 modified 3 hours......... 45 3,465
programs disapproved by programs.
FRA and then revised.
--(h) Revised 765 railroads.... 3 resubmitted 2 hours......... 6 462
certification programs certification
still not conforming and programs.
then resubmitted.
--(i)(2) Certification 765 railroads.... 15 certificate 2 hours......... 30 2,310
programs materially program material
modified after initial modifications.
FRA approval.
--(i)(3) Materially 765 railroads.... 3 modified 2 hours......... 6 462
modified programs certification
disapproved by FRA and programs.
then revised.
242.107--Types of service-- 35 railroads..... 400 records of 2 minutes....... 13 767
reclassification to passenger trainings.
conductor or RR imposes
restrictions.
242.109--Opportunity for 765 railroads.... 200 records + 200 30 minutes + 10 133 9,647
certification candidates to comments. minutes.
review and comment on prior
safety record, and RRs to
retain/respond to comments.
242.111(b)--Prior safety 765 railroads.... 16,200 10 minutes...... 2,700 207,900
conduct as motor vehicle eligibility
operator--eligibility determinations.
determinations.
--(c) Initial 765 railroads.... 150 initial 10 minutes...... 25 1,925
certification for 60 days. certifications.
--(d) Recertification for 765 railroads.... 125 re- 10 minutes...... 21 1,617
60 days. certifications.
--(h) Request to obtain 48,500 conductors 16,200 written 15 minutes...... 4,050 238,950
driver's license requests.
information from
licensing agency.
--(k) Notification to RR 48,500 conductors 25 notices....... 10 minutes...... 4 236
by persons of never
having a license.
--(l) Report of motor 48,500 conductors 400 self- 10 minutes...... 67 3,953
vehicle incidents. reporting.
--(m)-(n) Evaluation of 48,500 conductors 16,200 motor 5 minutes....... 1,350 79,650
driving record. vehicle record
evaluations.
--(o)(1) Drug and alcohol 765 railroads.... 400 DAC referrals 5 minutes....... 33 3,960
counselor (DAC) referral
by RR after report of
driving drug/alcohol
incident.
--(o)(2) DAC request and 765 railroads.... 20 requests and 30 minutes...... 10 1,200
supply by persons of supplied records.
prior counseling or
treatment.
--(o)(3) Conditional 765 railroads.... 50 conditional 4 hours......... 200 24,000
certifications certification
recommended by DAC. recommendations.
242.113--Prior safety conduct 48,500 conductors 360 requests + 15 minutes + 30 270 20,790
as employee of a different 360 records. minutes.
railroad.
242.115(b)--Determination that 48,500 conductors 16,200 2 minutes....... 540 31,860
person meets eligibility determinations.
requirements.
--(c) Written documents 48,500 conductors 400 filed 30 minutes...... 200 24,000
from DAC that person is documents.
not affected by a
substance abuse disorder.
--(d) Self-referral by 765 railroads.... 30 self-referrals 10 minutes...... 5 600
conductors for substance
abuse counseling.
--(e) Certification 765 railroads.... 16,200 10 minutes...... 2,700 324,000
reviews for occurrence/ certification
documentation of prior reviews.
alcohol/drug conduct by
persons/conductors.
--(e)(3)(i) Written 765 railroads.... 150 written 1 hour.......... 150 18,000
determination that most determinations.
recent incident has
occurred.
--(e)(3)(ii) Notification 765 railroads.... 300 notifications 30 minutes...... 150 11,550
to person that
recertification has been
denied.
--(e)(4) Persons/ 48,500 conductors 300 waived 10 minutes...... 50 2,950
conductors waiving investigations.
investigation/de-
certifications.
242.117(b)--Vision and hearing 765 railroads.... 16,200 records... 2 minutes....... 540 64,800
acuity--determination vision
standards met.
--(b) Determination 765 railroads.... 16,200 records... 2 minutes....... 540 64,800
hearing standards met.
--(c)(1) Medical examiner 765 railroads.... 16,200 medical 10 minutes...... 2,700 324,000
certificate that person examiner
has been examined/passed certificates.
test.
--(c)(2)(i) Document 765 railroads.... 100 written 30 minutes...... 50 6,000
standards met with documents.
conditions.
--(c)(2)(ii) Document 765 railroads.... 100 written 30 minutes...... 50 6,000
standards not met. documents.
[[Page 86646]]
--(e) Notation person 765 railroads.... 5,000 certificate 10 minutes...... 833 99,960
needs corrective device notifications.
(glasses/hearing aid).
--(j) Request for further 765 railroads.... 100 requests + 30 minutes + 10 67 4,950
medical evaluation for 100 records of minutes.
new determination. field tests.
--(j) Request for second 765 railroads.... 25 retest 30 minutes + 10 17 1,238
retest and another requests + 25 minutes.
medical evaluation. reviews.
--(j) Consultations by 765 railroads.... 100 consults + 30 minutes + 10 67 7,283
medical examiners with 100 minutes.
railroad officer and certifications.
issue of conditional
certification.
--(k) Notification by 765 railroads.... 20 notifications. 10 minutes...... 3 177
certified conductor of
deterioration of vision/
hearing.
242.119(a)--Training--new 3 new railroads.. 3 training 3 hours......... 9 1,080
railroads--training program. programs.
--(a) Modification to 765 railroads.... 3 programs....... 30 minutes...... 2 154
training program.
--(c) Completion of 765 railroads.... 100 written 1 hour.......... 100 7,700
training program by documents.
conductors/persons--
documents.
--(d)(5) Modified training 765 railroads.... 24 modified 2 hours......... 48 3,696
programs due to new laws, training
regulations, orders, programs.
technologies, procedures,
or equipment.
--(f) Employee 765 railroads.... 1,000 15 minutes...... 250 14,750
consultation with consultations.
qualified supervisory
employee if given written
test to demonstrate
knowledge of physical
characteristics of any
assigned territory.
--(i) Familiarization 765 railroads.... 20 training 15 minutes...... 5 295
training for conductor of records.
acquiring railroad from
selling company/railroad
prior to commencement of
new operation.
--(l) RR continuous 765 railroads.... 16,200 training 15 minutes...... 4,050 238,950
education/training of records.
conductors.
242.121(a)--Knowledge testing-- 765 railroads.... 16,200 15 minutes...... 4,050 238,950
determining eligibility. examination
records.
--(g) Retests/re- 765 railroads.... 1,000 retests or 15 minutes...... 250 14,750
examinations. reexamination
records.
242.123(c)--Monitoring 765 railroads.... 16,200 10 minutes...... 2,700 207,900
operational performance -- unannounced
unannounced compliance tests compliance test
and records. records.
--(f) Return to service 765 railroads.... 1,000 unannounced 10 minutes...... 167 12,859
that requires unannounced compliance test
compliance test/record. records.
242.125--Determination made by 765 railroads.... 100 30 minutes...... 50 2,950
railroad relying on another determinations.
railroad's certification.
242.127--Reliance on 765 railroads.... 20 determinations 30 minutes...... 10 590
qualification requirements of
other countries.
242.203(b)--Retaining 765 railroads.... 16,200 record 15 minutes...... 4,050 311,850
information supporting retentions.
determination--records.
--(c) Amended electronic 765 railroads.... 20 amended 30 minutes...... 10 770
records. records.
242.209(a)--Maintenance of 765 railroads.... 2,000 displayed 2 minutes....... 67 3,953
certificates--request to certificates.
display certificate.
--(b) Notification by 765 railroads.... 1,000 10 minutes...... 167 9,853
conductors that RR notifications.
request to serve exceeds
certification.
242.211--Replacement of 765 railroads.... 500 temporary 5 minutes....... 42 3,234
certificates. replacement
certificates.
242.213(e)--Multiple 35 railroads..... 5 locomotive 10 minutes...... 1 hour 70
certificates--notification to engineer
engineer that no conductor is notifications.
on train.
--(f) Notification of 765 railroads.... 10 notifications. 10 minutes...... 2 118
denial of certification
by individuals holding
multiple certifications.
242.215(a)--Railroad oversight 53 railroads..... 53 reviews and 40 hours........ 2,120 163,240
responsibility--review and analyses.
analysis of administration of
certification program.
--(d) Report of findings 765 railroads.... 53 reports....... 4 hours......... 212 16,324
by RR to FRA.
242.301(a)--Determinations--te 320 railroads.... 1,000 15 minutes...... 250 14,750
rritorial qualification and determinations.
joint operations.
--(b) Notification by 320 railroads.... 500 notifications 10 minutes...... 83 4,897
persons who do not meet
territorial qualification.
242.401(a)--Denial of 765 railroads.... 40 notices + 40 1 hour + 1 hour. 80 5,440
certification--notification responses.
to candidate of information
that forms basis for denying
certification.
--(c) Written notification 765 railroads.... 80 notifications. 1 hour.......... 80 6,160
of denial of
certification, including
the basis and response to
any rebuttal from the
candidate.
242.403--Criteria for revoking 765 railroads.... 1,000 15 minutes...... 250 14,750
certification--review of certification
compliance conduct. reviews.
242.405--Period of 765 railroads.... 1,000 written 1 hour.......... 1,000 59,000
ineligibility--written determinations.
determination that the most
recent incident has occurred.
242.407(a)--Process for 765 railroads.... 1,000 revoked 8 hours......... 8,000 960,000
revoking certification -- certifications.
revocation for violations of
Sec. 242.115(e).
--(b)(1) Immediate 765 railroads.... 1,000 suspended 1 hour.......... 1,000 77,000
suspension of certificate. certification
letters.
--(b)(5) Determinations 765 railroads.... 1,000 15 minutes...... 250 14,750
based on railroad hearing determinations.
record.
--(b)(7) Hearing record... 765 railroads.... 1,000 records.... 15 minutes...... 250 19,250
--(c) Written decisions by 765 railroads.... 1,000 written 2 hours......... 2,000 240,000
railroad official. decisions.
--(c) Service of written 765 railroads.... 1,000 served 10 minutes + 5 250 19,250
decision on employee by written minutes.
RR and RR retains proof decisions +
of service. 1,000 service
proofs.
[[Page 86647]]
--(f) Written waiver of 48,500 conductors 700 written 10 minutes...... 117 6,903
right to hearing. waivers.
--(g) Revocation of 765 railroads.... 15 revoked 10 minutes...... 3 360
certification based on certifications.
information that another
railroad has done so.
--(j) Placing relevant 765 railroads.... 100 updated 1 hour.......... 100 7,700
information in record records.
prior to suspending
certification/convening
hearing.
---------------------------------------------------------------------------------
Totals................ 765 railroads.... 222,386 responses N/A............. 49,761 4,303,437
----------------------------------------------------------------------------------------------------------------
Total Estimated Annual Responses: 222,386.
---------------------------------------------------------------------------
\1\ 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.
\2\ 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 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]
BILLING CODE 4910-06-P
