Proposed Agency Information Collection Activities; Comment Request, 89017-89020 [2023-28382]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
NVDOT’s and Brightline West’s
DSWP further explains that over 95
percent of the total direct dollar
expenditures for the Project would be
spent on domestically sourced products
and labor, including 100 percent of the
civil infrastructure costs. In addition,
the Project is expected to support
approximately 35,000 domestic jobs
across the construction period and
includes a project labor agreement
(PLA). The operator has reached an
agreement with rail labor which may
result in ongoing operations and
maintenance work being performed by
union labor.6 The DSWP further
explains efforts Brightline West would
take to facilitate, where feasible, a ramp
up in domestic production capabilities
for the materials that are not currently
produced in the United States on future
high-speed rail projects in the United
States.
In the absence of a waiver, NVDOT
and Brightline West argue that the
Project could not be delivered within
the planned schedule and budget
because there is no domestic supplier
for the components listed above. To
ensure safety of the system, Brightline
West expects to conform with FRA’s
Passenger Equipment Safety Standards
governing Tier III equipment,7 which
allows for service-proven high-speed
rail technologies from around the world
(in this case Europe) to be introduced to
the United States with minimal
modification.
For example, the high-speed rolling
stock aluminum car shells are critical to
the achievement of high speeds, due to
aluminum’s strength and light weight,
and it has taken decades of development
in technology by highly specialized
experts that can shape, mold, and weld
these car shells to the required safety
and quality standards, including
crashworthiness. There is currently no
available aluminum car shell
manufacturer in the United States, and
it would take years to establish a
domestic, quality-controlled
manufacturing capability. The relatively
small size of the Project’s order (ten
trainsets) is also not considered by the
applicant to be sufficient to justify the
significant capital investments required
to initiate development of domestic
production capacity for those products.
In its request for a waiver, NVDOT
and Brightline West explain how they
conducted due diligence and performed
thorough market research to adequately
6 In March 2023, thirteen rail unions representing
more than 160,000 workers signed a Memorandum
of Understanding with Brightline West, establishing
a commitment for the use of highly skilled union
labor required to operate and maintain the System.
7 See 49 CFR part 238.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Jkt 262001
consider qualifying alternate items,
products, or materials. Brightline West
engaged with both Alstom and Siemens
to determine the systems that could be
manufactured domestically. These
efforts included considering options for
the establishment of either temporary or
permanent manufacturing facilities,
alternative manufacturing processes,
and system design. In addition,
Brightline West conducted market
research to identify a domestic supplier
for high-speed turnout and fire alarm
components. However, Brightline West
was unable to identify a domestic
supplier for the rolling stock, signal
systems, turnout, and fire alarm
components.
VII. Proposed Waiver
Based on its review of the waiver
request and DSWP, FRA proposes to
waive its Buy America requirements for
the following components for the
Project:
• The infrastructure components
listed above in Section V(c); and the
rolling stock components listed in
either:
Æ Section V(a), if Siemens is selected
as the preferred supplier; or
Æ Section V(b), if Alstom is selected
as the preferred supplier.
The proposed waiver would apply
only to components listed above for use
in the Project, as described in the grant
agreement between FRA and NVDOT.
FRA is not proposing to waive any
requirements under BABA, as the
proposed waiver does not apply to any
construction materials used in the
Project. The proposed waiver would not
apply to other FRA grantees or to other
grants that might be made to NVDOT or
Brightline West for other projects
(including any future phases related to
the Project).
VIII. Request for Comment
FRA will consider comments received
during the comment period, consistent
with BABA and 2 CFR 184.7. FRA may
consider comments received after this
period to the extent practicable.
Consistent with 49 U.S.C. 22905(a)(4), if
FRA determines it is necessary to waive
its Buy America requirements, FRA will
publish its decision in the Federal
Register and provide an opportunity for
public comment on such finding for a
reasonable period of time not to exceed
15 days. After such period, FRA’s
decision will be effective.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023–28424 Filed 12–22–23; 8:45 am]
BILLING CODE 4910–06–P
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89017
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–36]
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
9, 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 (2130–0533) 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:
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.
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
SUMMARY:
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89018
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
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, 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: Qualification and Certification
of Locomotive Engineers.
OMB Control Number: 2130–0533.
Abstract: Section 4 of the Rail Safety
Improvement Act of 1988, Public Law
100–342, 102 Stat. 624 (June 22, 1988),
later amended and re-codified by Public
Law 103–272, 108 Stat. 874 (July 5,
1994), required FRA to issue regulations
to establish any necessary program for
certifying or licensing locomotive
engineers. The collection of information
is used by FRA to ensure that railroads
employ and properly train qualified
individuals as locomotive engineers and
designated supervisors of locomotive
engineers (DSLEs).
The collection of information is used
by FRA to verify that railroads have
established required certification
programs for locomotive engineers and
that these programs fully conform to the
standards specified in the regulation.
In this 60-day notice, FRA makes
adjustments that increased the burden
hours from 23,964 to 23,969 hours. This
increase is a result of a correction of
rounding errors from the previous
submission and in the number of
estimated qualified DSLEs and
locomotive engineers as required under
49 CFR 240.201 and 240.221.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses
(Railroads).
Form(s): N/A.
Respondent Universe: 784 Railroads.
Frequency of Submission: On
occasion; annually; triennially.
REPORTING BURDEN
khammond on DSKJM1Z7X2PROD with NOTICES
240.9—Waivers ........................................
240.101/103—Certification Program: written program for certifying qualifications
of locomotive engineers—material
modifications.
—Certification programs for new railroads
—New railroads final review and submission of certification program.
—(b)(1)—RR provision of copy of certification program submission or resubmission to president of labor unions
representing employees simultaneously
with filing with FRA.
—(b)(2)—RR affirmative statement that it
has served certification program copy
to labor unions.
—(c)—RR employee comment on submission, resubmission, or material
modification of RR certification program.
—(h)—RR material modifications to program after initial FRA approval (formerly under (e)).
240.105(c) Written reports/determinations
of DSLE performance skills.
240.109/App. C—Prior safety conduct
data.
240.111/App C—Driver’s license data requests from chief of driver licensing
agency of any jurisdiction, including
foreign countries.
—NDR match—notifications and requests
for data.
—Written response from candidate on
driver’s license data.
240.111(g)—Notice to RR of absence of
license.
240.111(h)—Duty to furnish data on prior
safety conduct as motor vehicle operator.
240.113—Notice to RR furnishing data
on prior safety conduct—different RR.
240.115(d)—RR temporary certification or
recertification of locomotive engineer
for 60 days after having requested the
motor vehicle information specified in
paragraph (h) of this section.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Total
annual
responses
Average time
per response
Total annual
burden hours
(A)
(B)
(C = A * B)
784 railroads ..........
784 railroads ..........
2 waiver petitions ...
25 material modifications.
1.00 hour ................
5.00 minutes ...........
2.00
2.08
$85.93
85.93
$171.86
178.73
5 new railroads .......
5 new railroads .......
5 programs .............
5 reviews ................
1.00 hour ................
1.00 hour ................
5.00
5.00
85.93
85.93
429.65
429.65
62 railroads ............
62 copies ................
5.00 minutes ...........
5.17
85.93
444.26
62 railroads ............
62 copies ................
5.00 minutes ...........
5.17
85.93
444.26
62 railroads ............
62 comments ..........
8.00 hours ..............
496.00
85.93
42,621.28
784 railroads ..........
10 modified programs.
10.00 minutes .........
1.67
85.93
143.50
784 railroads ..........
10 written reports ...
30.00 minutes .........
5.00
123.41
617.05
17,667 candidates ..
25 responses ..........
5.00 minutes ...........
2.08
63.07
131.19
17,667 candidates ..
17,667 requests .....
10.00 minutes .........
2,944.50
85.93
253,020.89
784 railroads ..........
5 + 5 minutes .........
29.50 2
10.00 minutes .........
3.33
85.93
63.07
63.07
2,197.75
784 railroads ..........
177 notices +177
requests.
20 cases/comments
53,000 candidates ..
4 letters ..................
5.00 minutes ...........
0.33
63.07
20.81
784 railroads ..........
100 communications.
5.00 minutes ...........
8.33
63.07
525.37
17,667 candidates ..
353 requests + 353
responses.
25 recertifications ...
5 + 5 minutes .........
58.84 3
4,383.58
5.00 minutes ...........
2.08
85.93
63.07
85.93
Respondent universe
CFR section
784 railroads ..........
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Wage rate
Total cost
equivalent
in U.S. dollars
(D = C * wage
rates) 1
210.02
178.73
89019
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)
17,667 candidates ..
400 requests ..........
5.00 minutes ...........
33.33
63.07
2,102.12
17,667 candidates ..
100 conditional certifications/DAC
recommendations.
1.00 hour ................
100.00
63.07
6,307.00
17,667 candidates ..
100 DAC evaluations.
1.00 hour ................
100.00
63.07
6,307.00
53,000 locomotive
engineers.
400 trained/retrained records.
5.00 minutes ...........
33.33
63.07
2,102.12
784 railroads ..........
400 records ............
5.00 minutes ...........
33.33
63.07
2,102.12
53,000 locomotive
engineers.
150 self-referrals ....
5.00 minutes ...........
12.50
63.07
788.38
Respondent universe
CFR section
—(i)(2)—RR drug and alcohol counselor
request of employee’s record of prior
counseling or treatment.
—(i)(3)—Conditional certification based
on recommendation by drug and alcohol counselor (DAC) of employee
aftercare and/or follow-up testing for alcohol/drugs.
—(i)(4)—RR employee is evaluated by
DAC as having an active substance
abuse disorder.
240.117(i)(4)—RR employee completion
of training/retraining prior to return to
service—records.
240.119(c)—Written records indicating
dates that the engineer stopped performing or returned to certification service + compliance/observation test.
240.119(d)—Self-referral re: active substance abuse disorder.
khammond on DSKJM1Z7X2PROD with NOTICES
240.119(e)(3)(i)—RR determination that
the most recent incident occurred.
240.119(e)(3)(ii)—RR notification to person that recertification has been denied
or revoked.
240.119(e)(4)(iii)—Locomotive engineer
waiver of investigation in case of one
violation of section 219.101.
240.121—Criteria—vision/hearing acuity
data—new railroads.
240.121—Criteria—vision/hearing acuity
data—condition certification.
240.121—Criteria—vision/hearing acuity
data—not meeting standards—notice
by employee.
240.129(b)—RR documents on file regarding determination made regarding
operational fitness.
240.201/221—List of qualified DSLEs .....
240.201/221—List of qualified locomotive
engineers.
240.201/223/301—Locomotive engineers
certificate.
240.207—Medical certificate showing
hearing/vision standards are met.
—Written determinations waiving use of
corrective device.
240.219(a)—RR notification letter to employee of certification denial + employee written rebuttal.
—RR Notice/written documents/records
to candidate that support its pending
denial decision.
240.229(3)(ii)—Joint operations—notice—
not qualified.
240.301(b)—Temporary replacement certificates valid for no more than 30 days.
240.305(c)—Engineer’s notice of nonqualification to RR.
—(d)—Relaying certification denial or
revocation status to other certifying railroad.
240.307(a–b)—Notice to engineer of disqualification.
240.307(b)(4)—RR provision to employee
of copy of written information and list of
witnesses that it will present at hearing.
240.307(b)(5)—RR determination on
hearing record whether person no
longer meets certification requirements
of this CFR part.
240.307(c)(11)(i)(ii)—RR written decision
after close of hearing containing findings of fact & whether a revocable
event occurred.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Wage rate
Total cost
equivalent
in U.S. dollars
(D = C * wage
rates) 1
The estimated paperwork burden for this requirement is included above under § 240.119(c).
784 railroads ..........
200 notifications .....
30.00 minutes .........
100.00
63.07
6,307.00
53,000 locomotive
engineers.
200 waivers ............
2.00 minutes ...........
6.67
63.07
420.68
5 railroads ..............
5 copies ..................
5.00 minutes ...........
0.42
85.93
36.09
784 railroads ..........
5 reports .................
5.00 minutes ...........
0.42
123.41
51.83
784 railroads ..........
10 notifications .......
5.00 minutes ...........
0.83
63.07
52.35
53,000 locomotive
engineers.
1,000 records .........
5.00 minutes ...........
83.33
85.93
7,160.55
784 railroads ..........
784 railroads ..........
784 updates ...........
784 updated lists ....
5.00 minutes ...........
5.00 minutes ...........
65.33
65.33
85.93
85.93
5,613.81
5,613.81
53,000 candidates ..
17,667 certificates ..
5.00 minutes ...........
1,472.25
85.93
126,510.44
53,000 candidates ..
17,667 certificates ..
30.00 minutes .........
8,833.50
123.41
1,090,142.24
784 railroads ..........
30 determinations ...
5.00 minutes ...........
2.50
123.41
308.53
17,667 candidates ..
90 letters and responses.
30.00 minutes .........
45.00
85.93
3,866.85
784 railroads ..........
45 documents/
records.
2.00 minutes ...........
1.50
85.93
128.90
321 railroads ..........
184 employee calls
5.00 minutes ...........
15.33
63.07
966.86
784 railroads ..........
600 replacement
certificates.
100 notifications .....
30.00 minutes .........
300.00
85.93
25,779.00
5.00 minutes ...........
8.33
63.07
525.37
2 letters ..................
15.00 minutes .........
0.50
63.07
31.54
784 railroads ..........
550 + 550 letters ....
1 + 1 hour ...............
1,100.00 4
81,950.00
784 railroads ..........
690 copies/list ........
5.00 minutes ...........
57.50
85.93
63.07
85.93
784 railroads ..........
690 hearing determination.
1.00 hour ................
690.00
85.93
59,291.70
784 railroads ..........
690 written decisions.
30.00 minutes .........
345.00
85.93
29,645.85
53,000 engineers or
candidates.
1,060 engineers .....
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4,940.98
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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Sfmt 4703
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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]]>Agencies
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89017-89020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28382]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-36]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), 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) 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 9, 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 (2130-0533) 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
[[Page 89018]]
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, 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: Qualification and Certification of Locomotive Engineers.
OMB Control Number: 2130-0533.
Abstract: Section 4 of the Rail Safety Improvement Act of 1988,
Public Law 100-342, 102 Stat. 624 (June 22, 1988), later amended and
re-codified by Public Law 103-272, 108 Stat. 874 (July 5, 1994),
required FRA to issue regulations to establish any necessary program
for certifying or licensing locomotive engineers. The collection of
information is used by FRA to ensure that railroads employ and properly
train qualified individuals as locomotive engineers and designated
supervisors of locomotive engineers (DSLEs).
The collection of information is used by FRA to verify that
railroads have established required certification programs for
locomotive engineers and that these programs fully conform to the
standards specified in the regulation.
In this 60-day notice, FRA makes adjustments that increased the
burden hours from 23,964 to 23,969 hours. This increase is a result of
a correction of rounding errors from the previous submission and in the
number of estimated qualified DSLEs and locomotive engineers as
required under 49 CFR 240.201 and 240.221.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses (Railroads).
Form(s): N/A.
Respondent Universe: 784 Railroads.
Frequency of Submission: On occasion; annually; triennially.
Reporting Burden
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Total cost
CFR section Respondent universe Total annual Average time per Total annual Wage rate equivalent in
responses response burden hours U.S. dollars
(A)................. (B)................. (C = A * B) (D = C * wage
rates) \1\
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240.9--Waivers.................... 784 railroads........ 2 waiver petitions.. 1.00 hour........... 2.00 $85.93 $171.86
240.101/103--Certification 784 railroads........ 25 material 5.00 minutes........ 2.08 85.93 178.73
Program: written program for modifications.
certifying qualifications of
locomotive engineers--material
modifications.
--Certification programs for new 5 new railroads...... 5 programs.......... 1.00 hour........... 5.00 85.93 429.65
railroads.
--New railroads final review and 5 new railroads...... 5 reviews........... 1.00 hour........... 5.00 85.93 429.65
submission of certification
program.
--(b)(1)--RR provision of copy of 62 railroads......... 62 copies........... 5.00 minutes........ 5.17 85.93 444.26
certification program submission
or resubmission to president of
labor unions representing
employees simultaneously with
filing with FRA.
--(b)(2)--RR affirmative statement 62 railroads......... 62 copies........... 5.00 minutes........ 5.17 85.93 444.26
that it has served certification
program copy to labor unions.
--(c)--RR employee comment on 62 railroads......... 62 comments......... 8.00 hours.......... 496.00 85.93 42,621.28
submission, resubmission, or
material modification of RR
certification program.
--(h)--RR material modifications 784 railroads........ 10 modified programs 10.00 minutes....... 1.67 85.93 143.50
to program after initial FRA
approval (formerly under (e)).
240.105(c) Written reports/ 784 railroads........ 10 written reports.. 30.00 minutes....... 5.00 123.41 617.05
determinations of DSLE
performance skills.
240.109/App. C--Prior safety 17,667 candidates.... 25 responses........ 5.00 minutes........ 2.08 63.07 131.19
conduct data.
240.111/App C--Driver's license 17,667 candidates.... 17,667 requests..... 10.00 minutes....... 2,944.50 85.93 253,020.89
data requests from chief of
driver licensing agency of any
jurisdiction, including foreign
countries.
--NDR match--notifications and 784 railroads........ 177 notices +177 5 + 5 minutes....... 29.50 \2\ 85.93 2,197.75
requests for data. requests. 63.07
--Written response from candidate 784 railroads........ 20 cases/comments... 10.00 minutes....... 3.33 63.07 210.02
on driver's license data.
240.111(g)--Notice to RR of 53,000 candidates.... 4 letters........... 5.00 minutes........ 0.33 63.07 20.81
absence of license.
240.111(h)--Duty to furnish data 784 railroads........ 100 communications.. 5.00 minutes........ 8.33 63.07 525.37
on prior safety conduct as motor
vehicle operator.
240.113--Notice to RR furnishing 17,667 candidates.... 353 requests + 353 5 + 5 minutes....... 58.84 \3\ 85.93 4,383.58
data on prior safety conduct-- responses. 63.07
different RR.
240.115(d)--RR temporary 784 railroads........ 25 recertifications. 5.00 minutes........ 2.08 85.93 178.73
certification or recertification
of locomotive engineer for 60
days after having requested the
motor vehicle information
specified in paragraph (h) of
this section.
[[Page 89019]]
--(i)(2)--RR drug and alcohol 17,667 candidates.... 400 requests........ 5.00 minutes........ 33.33 63.07 2,102.12
counselor request of employee's
record of prior counseling or
treatment.
--(i)(3)--Conditional 17,667 candidates.... 100 conditional 1.00 hour........... 100.00 63.07 6,307.00
certification based on certifications/DAC
recommendation by drug and recommendations.
alcohol counselor (DAC) of
employee aftercare and/or follow-
up testing for alcohol/drugs.
--(i)(4)--RR employee is evaluated 17,667 candidates.... 100 DAC evaluations. 1.00 hour........... 100.00 63.07 6,307.00
by DAC as having an active
substance abuse disorder.
240.117(i)(4)--RR employee 53,000 locomotive 400 trained/ 5.00 minutes........ 33.33 63.07 2,102.12
completion of training/retraining engineers. retrained records.
prior to return to service--
records.
240.119(c)--Written records 784 railroads........ 400 records......... 5.00 minutes........ 33.33 63.07 2,102.12
indicating dates that the
engineer stopped performing or
returned to certification service
+ compliance/observation test.
240.119(d)--Self-referral re: 53,000 locomotive 150 self-referrals.. 5.00 minutes........ 12.50 63.07 788.38
active substance abuse disorder. engineers.
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240.119(e)(3)(i)--RR determination The estimated paperwork burden for this requirement is included above under Sec. 240.119(c).
that the most recent incident
occurred.
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240.119(e)(3)(ii)--RR notification 784 railroads........ 200 notifications... 30.00 minutes....... 100.00 63.07 6,307.00
to person that recertification
has been denied or revoked.
240.119(e)(4)(iii)--Locomotive 53,000 locomotive 200 waivers......... 2.00 minutes........ 6.67 63.07 420.68
engineer waiver of investigation engineers.
in case of one violation of
section 219.101.
240.121--Criteria--vision/hearing 5 railroads.......... 5 copies............ 5.00 minutes........ 0.42 85.93 36.09
acuity data--new railroads.
240.121--Criteria--vision/hearing 784 railroads........ 5 reports........... 5.00 minutes........ 0.42 123.41 51.83
acuity data--condition
certification.
240.121--Criteria--vision/hearing 784 railroads........ 10 notifications.... 5.00 minutes........ 0.83 63.07 52.35
acuity data--not meeting
standards--notice by employee.
240.129(b)--RR documents on file 53,000 locomotive 1,000 records....... 5.00 minutes........ 83.33 85.93 7,160.55
regarding determination made engineers.
regarding operational fitness.
240.201/221--List of qualified 784 railroads........ 784 updates......... 5.00 minutes........ 65.33 85.93 5,613.81
DSLEs.
240.201/221--List of qualified 784 railroads........ 784 updated lists... 5.00 minutes........ 65.33 85.93 5,613.81
locomotive engineers.
240.201/223/301--Locomotive 53,000 candidates.... 17,667 certificates. 5.00 minutes........ 1,472.25 85.93 126,510.44
engineers certificate.
240.207--Medical certificate 53,000 candidates.... 17,667 certificates. 30.00 minutes....... 8,833.50 123.41 1,090,142.24
showing hearing/vision standards
are met.
--Written determinations waiving 784 railroads........ 30 determinations... 5.00 minutes........ 2.50 123.41 308.53
use of corrective device.
240.219(a)--RR notification letter 17,667 candidates.... 90 letters and 30.00 minutes....... 45.00 85.93 3,866.85
to employee of certification responses.
denial + employee written
rebuttal.
--RR Notice/written documents/ 784 railroads........ 45 documents/records 2.00 minutes........ 1.50 85.93 128.90
records to candidate that support
its pending denial decision.
240.229(3)(ii)--Joint operations-- 321 railroads........ 184 employee calls.. 5.00 minutes........ 15.33 63.07 966.86
notice--not qualified.
240.301(b)--Temporary replacement 784 railroads........ 600 replacement 30.00 minutes....... 300.00 85.93 25,779.00
certificates valid for no more certificates.
than 30 days.
240.305(c)--Engineer's notice of 53,000 engineers or 100 notifications... 5.00 minutes........ 8.33 63.07 525.37
non-qualification to RR. candidates.
--(d)--Relaying certification 1,060 engineers...... 2 letters........... 15.00 minutes....... 0.50 63.07 31.54
denial or revocation status to
other certifying railroad.
240.307(a-b)--Notice to engineer 784 railroads........ 550 + 550 letters... 1 + 1 hour.......... 1,100.00 \4\ 85.93 81,950.00
of disqualification. 63.07
240.307(b)(4)--RR provision to 784 railroads........ 690 copies/list..... 5.00 minutes........ 57.50 85.93 4,940.98
employee of copy of written
information and list of witnesses
that it will present at hearing.
240.307(b)(5)--RR determination on 784 railroads........ 690 hearing 1.00 hour........... 690.00 85.93 59,291.70
hearing record whether person no determination.
longer meets certification
requirements of this CFR part.
240.307(c)(11)(i)(ii)--RR written 784 railroads........ 690 written 30.00 minutes....... 345.00 85.93 29,645.85
decision after close of hearing decisions.
containing findings of fact &
whether a revocable event
occurred.
[[Page 89020]]
240.307(c)(11)(iii)--RR service of 784 railroads........ 690 copies.......... 5.00 minutes........ 57.50 85.93 4,940.98
written decision on employee and
employee's representative.
240.307(f)--Personal waiver of 784 railroads........ 750 written waivers. 5.00 minutes........ 62.50 63.07 3,941.88
right to hearing under this
section.
240.307(j)--RR update of record 784 railroads........ 50 updated records.. 10.00 minutes....... 8.33 85.93 715.80
with relevant information.
240.309--RR oversight 15 railroads......... 6 annotations....... 15.00 minutes....... 1.50 63.07 94.61
responsibilities: detected poor
safety conduct--annotation.
--Railroad annual review.......... 51 railroads......... 51 reviews.......... 3.00 hours.......... 153.00 85.93 13,147.29
240.205--Data to DAC Counselor.... 784 railroads........ 177 records......... 5.00 minutes........ 14.75 123.41 1,820.30
240.209/213--Written documentation 53,000 candidates.... 17,667 testing 1.00 minute......... 294.45 85.93 25,302.09
of tests. records.
240.211/213--Written documentation 53,000 candidates.... 17,667 testing 1.00 minute......... 294.45 85.93 25,302.09
of performance tests. records.
240.215--Retaining information 784 railroads........ 17,667 records...... 5.00 minutes........ 1,472.25 85.93 126,510.44
supporting determination.
240.303--Annual operational 53,000 candidates.... 53,000 testing 1.00 minute......... 883.33 85.93 75,904.55
monitoring observation. records.
240.303--Annual operating rules 53,000 candidates.... 53,000 testing 1.00 minute......... 883.33 85.93 75,904.55
compliance test. records.
240.307(b)(4)--RR hearings/hearing 784 railroads........ 690 hearings/records 4.00 hours.......... 2,760.00 85.93 237,166.80
records.
Total \5\..................... 784 railroads........ 224,652 responses... N/A................. 23,969 N/A 2,365,953
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Total Estimated Annual Responses: 224,652.
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\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.
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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]
BILLING CODE 4910-06-P
