Proposed Agency Information Collection Activities; Comment Request, 89020-89023 [2023-28380]
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89020
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
REPORTING BURDEN—Continued
Total
annual
responses
Average time
per response
Total annual
burden hours
(A)
(B)
(C = A * B)
784 railroads ..........
690 copies ..............
5.00 minutes ...........
57.50
85.93
4,940.98
784 railroads ..........
750 written waivers
5.00 minutes ...........
62.50
63.07
3,941.88
784 railroads ..........
50 updated records
10.00 minutes .........
8.33
85.93
715.80
15 railroads ............
6 annotations ..........
15.00 minutes .........
1.50
63.07
94.61
51 railroads ............
784 railroads ..........
53,000 candidates ..
51 reviews ..............
177 records ............
17,667 testing
records.
17,667 testing
records.
17,667 records .......
3.00 hours ..............
5.00 minutes ...........
1.00 minute ............
153.00
14.75
294.45
85.93
123.41
85.93
13,147.29
1,820.30
25,302.09
1.00 minute ............
294.45
85.93
25,302.09
5.00 minutes ...........
1,472.25
85.93
126,510.44
53,000 testing
records.
53,000 testing
records.
690 hearings/
records.
224,652 responses
1.00 minute ............
883.33
85.93
75,904.55
1.00 minute ............
883.33
85.93
75,904.55
4.00 hours ..............
2,760.00
85.93
237,166.80
N/A .........................
23,969
N/A
2,365,953
Respondent universe
CFR section
240.307(c)(11)(iii)—RR service of written
decision on employee and employee’s
representative.
240.307(f)—Personal waiver of right to
hearing under this section.
240.307(j)—RR update of record with relevant information.
240.309—RR oversight responsibilities:
detected poor safety conduct—annotation.
—Railroad annual review .........................
240.205—Data to DAC Counselor ...........
240.209/213—Written documentation of
tests.
240.211/213—Written documentation of
performance tests.
240.215—Retaining information supporting determination.
240.303—Annual operational monitoring
observation.
240.303—Annual operating rules compliance test.
240.307(b)(4)—RR hearings/hearing
records.
Total 5 ................................................
53,000 candidates ..
784 railroads ..........
53,000 candidates ..
53,000 candidates ..
784 railroads ..........
784 railroads ..........
Total Estimated Annual Responses:
224,652.
Total Estimated Annual Burden:
23,969.
Total Estimated Annual Dollar Cost
Equivalent: $2,365,953.
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 that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023–28382 Filed 12–22–23; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
BILLING CODE 4910–06–P
1 Throughout the tables in this document, the
dollar equivalent cost is derived from the 2022
Surface Transportation Board Full Year Wage A &
B data series using the appropriate employee group
to calculate the average hourly rate that includes 75
percent overhead.
2 Total burden hours are divided equally for each
requirement 14.75 + 14.75 = 84.84 hours.
3 Total burden hours are divided equally for each
requirement 29.42 + 29.42 = 84.84 hours.
4 Total burden hours are divided equally for each
requirement 550 + 550 = 84.84 hours.
5 Totals may not add up due to rounding.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Jkt 262001
Wage rate
Total cost
equivalent
in U.S. dollars
(D = C * wage
rates) 1
Federal Railroad Administration
subsequent 30-day notice and include
them in its information collection
submission to OMB for approval.
[Docket No. FRA–2023–0002–N–38]
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
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, FRA seeks
approval of the Information Collection
Request (ICR) summarized 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 February
26, 2024.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2023–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0597) in
any correspondence submitted. FRA
will summarize comments received in a
SUMMARY:
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Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
arlette.mussington@dot.gov or
telephone: (571) 609–1285, or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
joanne.swafford@dot.gov or telephone:
(757) 897–9908.
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,
SUPPLEMENTARY INFORMATION:
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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, 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: Training, Qualification, and
Oversight for Safety-Related Railroad
Employees.
OMB Control Number: 2130–0597.
Abstract: The regulations under 49
CFR part 243 set forth FRA’s minimum
training and qualification requirements
for each category and subcategory of
safety-related railroad employee,
regardless of whether the employee is
employed by a railroad or a contractor
of the railroad. In 2014, FRA published
a final rule establishing minimum
training standards for all safety-related
railroad employees, as required by the
Rail Safety Improvement Act (RSIA) of
2008.1 The final rule required each
railroad or contractor that employs one
or more safety-related employees to
develop and submit a training program
to FRA for approval and to designate the
minimum training qualifications for
each occupational category of employee.
Additionally, the rule required most
employers to conduct periodic oversight
of their own employees and annual
written reviews of their training
programs to close performance gaps.2
FRA will use the information
collected to ensure each employer—
railroad or contractor—conducting
operations subject to 49 CFR part 243
develops, adopts, submits, and complies
with a training program for each
category and subcategory of safetyrelated railroad employee. Each program
must have training components
identified so that FRA will understand
how the program works when it reviews
the program for approval. Further, FRA
will review the required training
programs to ensure they include initial,
ongoing, and on-the-job criteria; testing
and skills evaluation measures designed
to foster continual compliance with
Federal standards; and the identification
of critical safety defects and plans for
immediate remedial actions to correct
them. In 2020, FRA developed
requirements for a training program
under § 243.101 for each Class I
railroad, and each intercity or commuter
passenger railroad conducting
operations with 400,000 or more total
annual employee work hours.
In this 60-day notice, FRA makes
adjustments that will reduce the
currently approved burden hours from
91,069 to 66,565 hours. The decrease,
after a thorough review, is the result of
a reduced estimate of annual responses
for the number of training programs
under § 243.103.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 1,155 railroads/
contractors/training organizations/
learning institutions.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
164,275.
REPORTING BURDEN
Respondent
universe
khammond on DSKJM1Z7X2PROD with NOTICES
CFR section
243.101(a)(2)—Training program required
for each employer not covered by
(a)(1) and subject to this part by May
1, 2021.
—(b) Submission by new employers
commencing operations after Jan. 1,
2020, not covered by (a)(2).
—(e) Contractor’s duty to validate approved program to a railroad (Revised
requirement).
—(f) Railroad’s duty to retain copies of
contractor’s validation documents (Revised requirement).
243.103(d)—Training components identified in program; modifications to components of the training programs.
243.109(b)—Previously approved programs requiring an informational filing
when modified.
—(c) New portions or substantial revisions to an approved training program.
—(c) New portions or substantial revisions to an approved training program
found non-conforming to this part by
FRA—revisions required.
—(d)(1)(i) Copy of additional submissions, resubmissions, and informational
filings to labor organization presidents.
—(d)(1)(ii) Railroad statement affirming
that a copy of submissions, resubmissions, or informational filings has been
served to labor organization presidents.
20:25 Dec 22, 2023
Average time per
response
Total annual
burden hours
(A)
(B)
(C = A * B)
Wage rates
Total cost
equivalent in
U.S. dollars
(D = C * wage
rates) 3
1,046 railroads/contractors.
200 training programs.
250 hours ...............
50,000.00
$85.93
$4,296,500.00
10 new railroads/
contractors.
10 training programs.
20 hours .................
200.00
123.41
24,682.00
400 railroad contractors.
150 documents .......
15 minutes ..............
37.50
85.93
3,222.38
1,046 railroads/contractors.
1,046 copies ...........
2 minutes ................
34.87
85.93
2,996.38
1,155 railroads/contractors.
10 modified training
programs.
5 hours ...................
50.00
85.93
4,296.50
155 railroads/contractors/learning
institutions.
10 railroads/contractors.
50 railroads/contractors.
75 informational filings.
8 hours ...................
600.00
85.93
51,558.00
10 revised training
programs.
50 revised training
programs.
16 hours .................
160.00
85.93
13,748.80
8 hours ...................
400.00
85.93
34,372.00
50 railroads/contractors.
50 copies ................
10 minutes ..............
8.33
85.93
715.80
228 railroads/contractors.
76 affirming statements.
10 minutes ..............
12.67
85.93
1,088.73
1 Public Law 110–432, 122 Stat. 4883 (Oct. 16,
2008), codified at 49 U.S.C. 20162.
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Total annual
responses
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
REPORTING BURDEN—Continued
Respondent
universe
—(d)(2) Labor comments on railroad
training program submissions, resubmissions, or informational filings.
243.111(g)—Safety-related railroad employees instructed by training organizations or learning institution—recordkeeping.
—(h) Training organizations or learning
institutions to provide student’s training
transcript or training record to any employer upon request by the student.
—(b) New employers operating after January 1, 2020, not covered by (a)(2),
designation of safety-related employees by job category—lists.
—(c) Training records of newly hired employees or those assigned new safetyrelated duties.
—(d)(1)(i) Requests for relevant qualification or training record from an entity
other than current employer.
243.203—(a)–(e) Recordkeeping—Systems set up to meet FRA requirements—general requirements for qualification status records, accessibility.
—(f) Transfer of records to successor
employer—If an employer ceases to do
business and its assets will be transferred to a successor employer, it shall
transfer to the successor employer all
records required to be maintained
under this part, and the successor employer shall retain them for the remainder of the period prescribed in this part.
243.205(c)—Railroad identification of supervisory employees who conduct periodic oversight tests by category/subcategory.
—(f) Notification by RR of contractor employee non-compliance with federal
laws/regulations/orders to employee
and employee’s employer.
—(f) Notification by RR of contractor employee non-compliance with federal
laws/regulations/orders to employee
and employee’s employer.
—(i) and (j) Employer records of periodic
oversight.
243.207(a)—Written annual review of
safety data (Railroads with 400,000 annual employee work hours or more).
—(b) Railroad copy of written annual review at system headquarters.
—(e) Railroad notification to contractor of
relevant training program adjustments.
243.209(a)–(b)—Railroad-maintained list
of contractors utilized.
—(c) Railroad duty to update list of contractors utilized and retain record for at
least 3 years showing if a contractor
was utilized in last 3 years.
khammond on DSKJM1Z7X2PROD with NOTICES
Total 4 ................................................
Average time per
response
Total annual
burden hours
(A)
(B)
(C = A * B)
228 railroad labor
organizations.
3 comments ............
30 minutes ..............
1.50
85.93
128.90
109 training organizations/learning
institutions.
5,450 records .........
5 minutes ................
454.17
85.93
39,026.83
109 training organizations/learning
institutions.
545 records ............
5 minutes ................
45.42
85.93
3,902.94
10 new railroads/
contractors.
10 designation lists
15 minutes ..............
2.50
85.93
214.83
4,800 employees ....
4,800 records .........
15 minutes ..............
1,200.00
85.93
103,116.00
4,800 employees ....
250 record requests
5 minutes ................
20.83
85.93
1,789.92
10 railroads/ contractors/training
organizations/
learning institutions.
1,155 railroads/contractors/training
organizations/
learning institutions.
10 recordkeeping
systems.
30 minutes ..............
5.00
85.93
429.65
3 railroads ..............
30 minutes ..............
1.50
85.93
128.90
746 railroads ..........
300 identifications ..
5 minutes ................
24.90
85.93
2,139.66
300 contractors ......
90 employee notices.
10 minutes ..............
15.00
85.93
1,288.95
300 contractors ......
270 employer notices.
10 minutes ..............
45.00
85.93
3,866.85
1,046 railroads/contractors.
22 railroads ............
150,000 records .....
5 minutes ................
12,500.00
85.93
1,074,125.00
22 reviews ..............
16 hours .................
352.00
85.93
30,247.36
22 railroads ............
22 review copies ....
5 minutes ................
1.83
85.93
157.25
22 railroads ............
2 notifications .........
15 minutes ..............
0.50
85.93
42.97
746 railroads ..........
746 lists ..................
30 minutes ..............
373.00
85.93
32,051.89
746 railroads ..........
75 updated lists ......
15 minutes ..............
18.75
85.93
1,611.19
1,155 railroads/contractors/training
organizations/
learning institutions.
164,275 responses
N/A .........................
66,565
........................
5,727,450
Total Estimated Annual Responses:
164,275.
Total Estimated Annual Burden:
66,565.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Total cost
equivalent in
U.S. dollars
Total annual
responses
CFR section
Jkt 262001
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $5,727,450.
FRA informs all interested parties that
it may not conduct or sponsor, and a
PO 00000
Frm 00159
Fmt 4703
Sfmt 4703
Wage rates
(D = C * wage
rates) 3
respondent is not required to respond
to, a collection of information that does
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023–28380 Filed 12–22–23; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[DOT–NHTSA–2023–0033]
National Emergency Medical Services
Advisory Council; Notice of Public
Meeting
National Highway Traffic
Safety Administration, U.S. Department
of Transportation (DOT).
ACTION: Notice of public meeting.
AGENCY:
This notice announces a
meeting of the National Emergency
Medical Services Advisory Council
(NEMSAC).
DATES: This meeting will be held inperson and simultaneously transmitted
via virtual interface. It will be held on
February 7–8, 2024, from 12 p.m. to 5
p.m. ET. Pre-registration is required to
attend this meeting. Once registered, a
link permitting access to the meeting
will be distributed to registrants by
email. If you wish to speak during the
meeting, you must submit a written
copy of your remarks to DOT by January
31, 2024.
ADDRESSES: General information about
the Council is available on the NEMSAC
internet website at www.ems.gov. The
registration portal and meeting agenda
will be available on the NEMSAC
internet website at www.ems.gov at least
one week in advance of the meeting.
FOR FURTHER INFORMATION CONTACT:
Clary Mole, EMS Specialist, National
Highway Traffic Safety Administration,
U.S. Department of Transportation is
available by phone at (202) 868–3275 or
by email at Clary.Mole@dot.gov. Any
committee-related requests should be
sent to the person listed in this section.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
The NEMSAC was established
pursuant to section 31108 of the Moving
Ahead for Progress in the 21st Century
3 Throughout the tables in this document, the
dollar equivalent cost is derived from the 2022
Surface Transportation Board Full Year Wage A &
B data series using the appropriate employee group
to calculate the average hourly rate that includes 75
percent overhead.
4 Totals may not add up due to rounding.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Jkt 262001
(MAP–21) Act of 2012, under the
Federal Advisory Committee Act. The
purpose of NEMSAC is to serve as a
nationally recognized council of
emergency medical services (EMS)
representatives to provide advice and
consult with:
a. The Federal Interagency Committee
on Emergency Medical Services
(FICEMS) on matters relating to EMS
issues; and
b. The Secretary of Transportation on
matters relating to EMS issues affecting
DOT.
The NEMSAC provides an important
national forum for the non-Federal
deliberation of national EMS issues and
serves as a platform for advice on DOT’s
national EMS activities. NEMSAC also
provides advice and recommendations
to the FICEMS. NEMSAC is authorized
under section 31108 of the MAP–21 Act
of 2012, codified at 42 U.S.C. 300d–4.
II. Agenda
At the meeting, the agenda will cover
the following topics:
• Informational sessions
• Updates on NHTSA Initiatives
• Subcommittee Reports on Advisory
Statuses
• Strategic Planning
III. Public Participation
This meeting will be open to the
public. We are committed to providing
equal access to this meeting for all
participants. Persons with disabilities in
need of an accommodation should send
a request to the individual in the FOR
FURTHER INFORMATION CONTACT section of
this notice no later than January 31,
2024.
A period of time will be allotted for
comments from members of the public
joining the meeting. Members of the
public may present questions and
comments to the Council using the live
chat feature available during the
meeting. Members of the public may
also submit materials, questions, and
comments in advance to the individual
listed in the FOR FURTHER INFORMATION
CONTACT section of this notice.
Members of the public wishing to
reserve time to speak directly to the
Council during the meeting must submit
a request. The request must include the
name, contact information (address,
phone number, and email address), and
organizational affiliation of the
individual wishing to address NEMSAC;
it must also include a written copy of
prepared remarks and must be
forwarded to the individual listed in the
FOR FURTHER INFORMATION CONTACT
section of this notice no later than
January 31, 2024.
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89023
All advance submissions will be
reviewed by the Council Chairperson
and Designated Federal Officer. If
approved, advance submissions shall be
circulated to NEMSAC representatives
for review prior to the meeting. All
advance submissions will become part
of the official record of the meeting.
Authority: 42 U.S.C. 300d–4(b); 49
CFR 1.95(i)(4).
Issued in Washington, DC.
Gamunu Ukwattege Wijetunge,
Acting Associate Administrator, Research
and Program Development.
[FR Doc. 2023–28378 Filed 12–22–23; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–OST–2023–0166]
Transportation Services for Individuals
With Disabilities: ADA Standards for
Transportation Facilities
Department of Transportation
(DOT).
ACTION: Extension of comment period.
AGENCY:
The U.S. Department of
Transportation (DOT, or Department) is
extending through February 20, 2024
the period for interested persons to
submit comments to its request for
information on whether to amend the
accessibility requirements for
transportation facilities under the
Americans with Disabilities Act of 1990
(ADA) currently contained in appendix
A to DOT’s regulations governing
transportation services for individuals
with disabilities.
DATES: The comment period for the
notice published November 6, 2023, at
88 FR 76272, is extended. Comments
should be submitted on or before
February 20, 2024. Late-filed comments
will be considered to the extent
practicable.
ADDRESSES: You may file comments
identified by docket number OST–
2023–0166 by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Operations, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Commenters using this method of
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89020-89023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28380]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-38]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), 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) summarized 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
February 26, 2024.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0597) in any correspondence
submitted. FRA will summarize comments received in a subsequent 30-day
notice and include them in its information collection submission to OMB
for approval.
FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone: (757) 897-9908.
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,
[[Page 89021]]
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, 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: Training, Qualification, and Oversight for Safety-Related
Railroad Employees.
OMB Control Number: 2130-0597.
Abstract: The regulations under 49 CFR part 243 set forth FRA's
minimum training and qualification requirements for each category and
subcategory of safety-related railroad employee, regardless of whether
the employee is employed by a railroad or a contractor of the railroad.
In 2014, FRA published a final rule establishing minimum training
standards for all safety-related railroad employees, as required by the
Rail Safety Improvement Act (RSIA) of 2008.\1\ The final rule required
each railroad or contractor that employs one or more safety-related
employees to develop and submit a training program to FRA for approval
and to designate the minimum training qualifications for each
occupational category of employee. Additionally, the rule required most
employers to conduct periodic oversight of their own employees and
annual written reviews of their training programs to close performance
gaps.\2\
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\1\ Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified
at 49 U.S.C. 20162.
\2\ 79 FR 66459.
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FRA will use the information collected to ensure each employer--
railroad or contractor--conducting operations subject to 49 CFR part
243 develops, adopts, submits, and complies with a training program for
each category and subcategory of safety-related railroad employee. Each
program must have training components identified so that FRA will
understand how the program works when it reviews the program for
approval. Further, FRA will review the required training programs to
ensure they include initial, ongoing, and on-the-job criteria; testing
and skills evaluation measures designed to foster continual compliance
with Federal standards; and the identification of critical safety
defects and plans for immediate remedial actions to correct them. In
2020, FRA developed requirements for a training program under Sec.
243.101 for each Class I railroad, and each intercity or commuter
passenger railroad conducting operations with 400,000 or more total
annual employee work hours.
In this 60-day notice, FRA makes adjustments that will reduce the
currently approved burden hours from 91,069 to 66,565 hours. The
decrease, after a thorough review, is the result of a reduced estimate
of annual responses for the number of training programs under Sec.
243.103.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 1,155 railroads/contractors/training
organizations/learning institutions.
Frequency of Submission: On occasion.
Total Estimated Annual Responses: 164,275.
Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total cost
CFR section Respondent universe Total annual Average time per Total annual Wage rates equivalent in
responses response burden hours U.S. dollars
(A)................. (B)................. (C = A * B) (D = C * wage
rates) \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
243.101(a)(2)--Training program 1,046 railroads/ 200 training 250 hours........... 50,000.00 $85.93 $4,296,500.00
required for each employer not contractors. programs.
covered by (a)(1) and subject to
this part by May 1, 2021.
--(b) Submission by new employers 10 new railroads/ 10 training programs 20 hours............ 200.00 123.41 24,682.00
commencing operations after Jan. contractors.
1, 2020, not covered by (a)(2).
--(e) Contractor's duty to 400 railroad 150 documents....... 15 minutes.......... 37.50 85.93 3,222.38
validate approved program to a contractors.
railroad (Revised requirement).
--(f) Railroad's duty to retain 1,046 railroads/ 1,046 copies........ 2 minutes........... 34.87 85.93 2,996.38
copies of contractor's validation contractors.
documents (Revised requirement).
243.103(d)--Training components 1,155 railroads/ 10 modified training 5 hours............. 50.00 85.93 4,296.50
identified in program; contractors. programs.
modifications to components of
the training programs.
243.109(b)--Previously approved 155 railroads/ 75 informational 8 hours............. 600.00 85.93 51,558.00
programs requiring an contractors/learning filings.
informational filing when institutions.
modified.
--(c) New portions or substantial 10 railroads/ 10 revised training 16 hours............ 160.00 85.93 13,748.80
revisions to an approved training contractors. programs.
program.
--(c) New portions or substantial 50 railroads/ 50 revised training 8 hours............. 400.00 85.93 34,372.00
revisions to an approved training contractors. programs.
program found non-conforming to
this part by FRA--revisions
required.
--(d)(1)(i) Copy of additional 50 railroads/ 50 copies........... 10 minutes.......... 8.33 85.93 715.80
submissions, resubmissions, and contractors.
informational filings to labor
organization presidents.
--(d)(1)(ii) Railroad statement 228 railroads/ 76 affirming 10 minutes.......... 12.67 85.93 1,088.73
affirming that a copy of contractors. statements.
submissions, resubmissions, or
informational filings has been
served to labor organization
presidents.
[[Page 89022]]
--(d)(2) Labor comments on 228 railroad labor 3 comments.......... 30 minutes.......... 1.50 85.93 128.90
railroad training program organizations.
submissions, resubmissions, or
informational filings.
243.111(g)--Safety-related 109 training 5,450 records....... 5 minutes........... 454.17 85.93 39,026.83
railroad employees instructed by organizations/
training organizations or learning
learning institution-- institutions.
recordkeeping.
--(h) Training organizations or 109 training 545 records......... 5 minutes........... 45.42 85.93 3,902.94
learning institutions to provide organizations/
student's training transcript or learning
training record to any employer institutions.
upon request by the student.
--(b) New employers operating 10 new railroads/ 10 designation lists 15 minutes.......... 2.50 85.93 214.83
after January 1, 2020, not contractors.
covered by (a)(2), designation of
safety-related employees by job
category--lists.
--(c) Training records of newly 4,800 employees...... 4,800 records....... 15 minutes.......... 1,200.00 85.93 103,116.00
hired employees or those assigned
new safety-related duties.
--(d)(1)(i) Requests for relevant 4,800 employees...... 250 record requests. 5 minutes........... 20.83 85.93 1,789.92
qualification or training record
from an entity other than current
employer.
243.203--(a)-(e) Recordkeeping-- 10 railroads/ 10 recordkeeping 30 minutes.......... 5.00 85.93 429.65
Systems set up to meet FRA contractors/training systems.
requirements--general organizations/
requirements for qualification learning
status records, accessibility. institutions.
--(f) Transfer of records to 1,155 railroads/ 3 railroads......... 30 minutes.......... 1.50 85.93 128.90
successor employer--If an contractors/training
employer ceases to do business organizations/
and its assets will be learning
transferred to a successor institutions.
employer, it shall transfer to
the successor employer all
records required to be maintained
under this part, and the
successor employer shall retain
them for the remainder of the
period prescribed in this part.
243.205(c)--Railroad 746 railroads........ 300 identifications. 5 minutes........... 24.90 85.93 2,139.66
identification of supervisory
employees who conduct periodic
oversight tests by category/
subcategory.
--(f) Notification by RR of 300 contractors...... 90 employee notices. 10 minutes.......... 15.00 85.93 1,288.95
contractor employee non-
compliance with federal laws/
regulations/orders to employee
and employee's employer.
--(f) Notification by RR of 300 contractors...... 270 employer notices 10 minutes.......... 45.00 85.93 3,866.85
contractor employee non-
compliance with federal laws/
regulations/orders to employee
and employee's employer.
--(i) and (j) Employer records of 1,046 railroads/ 150,000 records..... 5 minutes........... 12,500.00 85.93 1,074,125.00
periodic oversight. contractors.
243.207(a)--Written annual review 22 railroads......... 22 reviews.......... 16 hours............ 352.00 85.93 30,247.36
of safety data (Railroads with
400,000 annual employee work
hours or more).
--(b) Railroad copy of written 22 railroads......... 22 review copies.... 5 minutes........... 1.83 85.93 157.25
annual review at system
headquarters.
--(e) Railroad notification to 22 railroads......... 2 notifications..... 15 minutes.......... 0.50 85.93 42.97
contractor of relevant training
program adjustments.
243.209(a)-(b)--Railroad- 746 railroads........ 746 lists........... 30 minutes.......... 373.00 85.93 32,051.89
maintained list of contractors
utilized.
--(c) Railroad duty to update list 746 railroads........ 75 updated lists.... 15 minutes.......... 18.75 85.93 1,611.19
of contractors utilized and
retain record for at least 3
years showing if a contractor was
utilized in last 3 years.
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Total \4\..................... 1,155 railroads/ 164,275 responses... N/A................. 66,565 .............. 5,727,450
contractors/training
organizations/
learning
institutions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Estimated Annual Responses: 164,275.
Total Estimated Annual Burden: 66,565.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$5,727,450.
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 that does
[[Page 89023]]
not display a currently valid OMB control number.
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\3\ Throughout the tables in this document, the dollar
equivalent cost is derived from the 2022 Surface Transportation
Board Full Year Wage A & B data series using the appropriate
employee group to calculate the average hourly rate that includes 75
percent overhead.
\4\ Totals may not add up due to rounding.
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Authority: 44 U.S.C. 3501-3520.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-28380 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-06-P