Proposed Agency Information Collection Activities; Comment Request, 46298-46302 [2024-11539]
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46298
Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
Total Estimated Annual Responses:
159,925.
Total Estimated Annual Burden:
3,974 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $350,627.
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.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
[FR Doc. 2024–11536 Filed 5–24–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2024–0010]
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 July 29,
2024.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2024–
0010. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0596) 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.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
3 Totals
may not add up due to rounding.
VerDate Sep<11>2014
18:43 May 24, 2024
Jkt 262001
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
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 statutes and 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: 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 any person as a
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conductor. As part of that program,
railroads are required to have a process
for determining competency to serve as
a conductor through training, testing,
and qualifying prospective conductors
and existing conductors before issuing
each person certification or
recertification. The regulation is
intended 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, and territorial qualifications.
In this 60-day notice, FRA made
adjustments that decreased the
previously approved burden hours from
49,761 hours to 46,858 hours. The
decrease in burden is a result of the
reduced amount of time per response for
§ 242.115(e) certification review for
prior alcohol/drug conduct. The average
time was reduced from 10 minutes to 5
minutes, providing a more accurate
analysis of the time needed to complete
the review.
Additionally, upon a detailed review
of part 242, FRA made several
adjustments to its estimated paperwork
burdens in this ICR extension.1 FRA
determined that fewer employees were
changing employers, therefore reducing
the number of prior safety records being
reviewed. FRA also found that the
associated burdens related to substance
abuse and medical conditions have
decreased as fewer employees have
medical conditions that require further
evaluation or positive drug and alcohol
tests. As a result of these decreased
burdens, the number of certification
denials due to medical conditions and
substance abuse has also decreased.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved information
collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 784 railroads.
Frequency of Submission: On
occasion.
1 The public can view all estimate adjustments to
FRA’s active ICRs in the Supporting Statements
published at https://www.reginfo.gov/public/. The
Supporting Statement for this ICR will be available
after the 30-day Federal Register notice is
published in reginfo.gov.
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
REPORTING BURDEN
CFR section
242.9—Waivers—Petitions ..........................
242.103(b)–(c)(2)—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) RLOs submit comments on RR
programs.
—(g) Non-conforming program revised
and resubmitted to FRA.
—(h)(2) Resubmitted certification programs still not conforming and then
resubmitted.
—(i)(1)–(2) Certification programs materially modified after initial FRA approval.
—(i)(3) Materially modified programs
disapproved by FRA and then revised.
—Revised programs disapproved and
then re-submitted.
khammond on DSKJM1Z7X2PROD with NOTICES
Total annual responses
Average time per response
Total annual
burden hours
Wage rate
Total cost
equivalent
U.S. dollars
(A)
(B)
(C = A * B)
(E)
(D = C * E)
784 railroads ...........
784 new railroads ....
1 waiver petition ......
3 new conductor certification programs.
3.00 hours ...............
8.00 hours ...............
3.00
24.00
85.93
123.41
257.79
2,961.84
784 railroads ...........
6 certification program submission
copies.
6 affirmative statements.
15.00 minutes ..........
1.50
85.93
128.90
15.00 minutes ..........
1.50
85.93
128.90
784 railroads ...........
6 certified comments
4.00 hours ...............
24.00
85.93
2,062.32
784 railroads ...........
15 revised programs
3.00 hours ...............
45.00
85.93
3,866.85
784 railroads ...........
3 resubmitted certification programs.
2.00 hours ...............
6.00
85.93
515.58
784 railroads ...........
96 certificate program material
modifications.
20 modified certification programs.
2.00 hours ...............
192.00
85.93
16,498.56
2.00 hours ...............
40.00
85.93
3,437.20
13.00
63.07
840.72
225
85.93
19,334.25
Respondent universe
784 railroads ...........
784 railroads ...........
The estimated paperwork burden for this requirement is included under § 242.103(i)(3).
242.107(c)—Types of service—emergency
training for reclassification to different
type of certification.
242.109—Determinations by RRs before
certification or recertification and the opportunity for candidates to comment on
their prior safety conduct record.
242.111(b)—Prior Safety Conduct as Motor
Vehicle Operator—Eligibility determinations.
—(c) Initial certification for 60 days .....
—(d) Recertification for 60 days ..........
784 railroads ...........
—(f) Driver info not provided and request for waiver by persons/railroad.
FRA anticipates that there will be zero waiver requests during this three-year collection period.
—(h) Request to obtain driver’s license
information from licensing agency.
41,000 conductors ...
—(j) Requests for additional information from driver licensing agency.
The estimated paperwork burden for this requirement is included under § 242.111(h).
—(k) Notification to RR by persons of
never having a license.
—(l) Report of Motor Vehicle Incidents
—(m)–(n) Evaluation of driving record
41,000 conductors ...
10 notices ................
10.00 minutes ..........
41,000 conductors ...
41,000 conductors ...
784 railroads ...........
400 self-reporting ....
16,200.00 motor vehicle record evaluations.
200 DAC referrals ...
784 railroads ...........
784 railroads ...........
—(o)(1) DAC referral by RR after report of driving drug/alcohol incident.
—(o)(2) DAC requests person supply
records of prior counseling or treatment and the person must provide
the records requested.
—(o)(3) Condition certifications based
upon participation in aftercare or follow-up testing recommended by
DAC.
35 railroads .............
400 records of
trainings.
2.00 minutes ............
784 railroads ...........
300 records + 300
comments.
30 minutes + 10
minutes.
784 railroads ...........
16,200 eligibility determinations.
10.00 minutes ..........
2,700.00
85.93
232,011.00
784 railroads ...........
150 initial certifications.
125 re-certifications
10.00 minutes ..........
25.00
85.93
2,148.25
10.00 minutes ..........
21.00
85.93
1,804.53
63.07
255,433.50
2.00
63.07
126.14
10.00 minutes ..........
5.00 minutes ............
68
1,350.00
63.07
63.07
4,288.76
85,144.50
5.00 minutes ............
16.00
123.41
1,974.56
20 DAC requests .....
30.00 minutes ..........
10.00
123.41
1,234.10
40 conditional certification recommendations.
4.00 hours ...............
160.00
123.41
19,745.60
16,200 written requests.
15.00 minutes ..........
4,050.00
242.113—Prior safety conduct as employee of a different railroad.
The estimated paperwork burden for this requirement is included above in § 242.109.
242.115(b)—Determination that person
meets eligibility requirements.
—(c) Written documents from DAC
that person is not affected by a substance abuse disorder.
41,000 conductors ...
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16,200 determinations.
250 filed documents
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2.00 minutes ............
540.00
63.07
34,057.80
30.00 minutes ..........
125.00
123.41
15,426.25
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
REPORTING BURDEN—Continued
CFR section
—(d)(3) RR treats self-referral for substance abuse counseling by employee as confidential except with
respect to ineligibility for certification.
—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors.
—(e)(3)(i) Written determination that
person not currently certified is ineligible and the conditions for the ineligibility period.
—(e)(3)(ii) Notification to current conductor that recertification has been
denied or certification has been revoked and the conditions for the ineligibility period.
—(e)(4) Persons/conductors waiving
investigation/de-certifications.
242.117(b)—Vision and hearing acuity—
Determination vision standards met.
—(b) Determination hearing standards
met.
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—Additional gap hearing tests .............
—(c)(1) Medical examiner certificate
that person has been examined/
passed test.
—(c)(2)(i) Document standards can be
met with conditions attached.
—(c)(2)(ii) Document standards cannot
be met even with conditions attached.
—(e) Notation person needs corrective
device (glasses or hearing aid, or
both).
—(j) Person not meeting hearing or vision thresholds requests further
medical evaluation for new determination.
—(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) Written documentation showing
each person completed training for
certification or recertification.
—(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)–(f)—Knowledge testing—Determining eligibility.
—(g) Retests/re-examinations .............
242.123(a)–(e)—Monitoring
Performance.
VerDate Sep<11>2014
Total annual responses
Average time per response
Total annual
burden hours
Wage rate
Total cost
equivalent
U.S. dollars
(A)
(B)
(C = A * B)
(E)
(D = C * E)
784 railroads ...........
30 self-referrals .......
5.00 minutes ............
2.5
123.41
308.53
784 railroads ...........
16,200 certification
reviews.
5.00 minutes ............
1,350.00
123.41
166,603.50
784 railroads ...........
75 written determinations.
1.00 hour .................
75.00
123.41
9,255.75
784 railroads ...........
75 notifications ........
30.00 minutes ..........
37.50
85.93
3,222.38
41,000 conductors ...
10.00 minutes ..........
25.50
63.07
1,608.29
784 railroads ...........
150 waived investigations.
16,200 records ........
2.00 minutes ............
540.00
123.41
66,641.40
784 railroads ...........
16,200 records ........
2.00 minutes ............
540.00
123.41
66,641.40
Respondent universe
operational
18:43 May 24, 2024
The estimated paperwork burden for this requirement is included under § 242.117(b).
784 railroads ...........
16,200 file medical
examiners.
10.00 minutes ..........
2,700.00
123.41
333,207.00
784 railroads ...........
25 written documents.
25 written documents.
30.00 minutes ..........
12.50
123.41
1,542.63
30.00 minutes ..........
12.50
123.41
1,542.63
784 railroads ...........
5,000 certificate notifications.
10.00 minutes ..........
833.33
123.41
102,841.26
784 railroads ...........
50 requests + 50 determination.
30 minutes + 10
minutes.
2 33.50
63.07
123.41
2,625.73
784 railroads ...........
15 consults + 15
certifications.
30 minutes + 10
minutes.
3 10.05
123.41
85.93
1,144.69
784 railroads ...........
20 notifications ........
10.00 minutes ..........
3.00
63.07
189.21
3 new railroads ........
3 training programs
3.00 hours ...............
9.00
123.41
1,110.69
783 railroads ...........
783 railroads ...........
75 programs ............
50 written documents.
30.00 minutes ..........
30.00 minutes ..........
38.00
25.00
85.93
85.93
3,265.34
2,148.25
784 railroads ...........
24 modified training
programs.
2.00 hours ...............
48.00
85.93
4,124.64
784 railroads ...........
1,000 consultations
15.00 minutes ..........
250.00
63.07
15,767.50
784 railroads ...........
20 training records ..
15.00 minutes ..........
5.00
63.07
315.35
784 railroads ...........
16,200 training
records.
16,200 examination
records.
1,000 retests or reexamination
records.
16,200 operational
compliance test
records.
15.00 minutes ..........
4,050.00
63.07
255,433.50
15.00 minutes ..........
4,050.00
63.07
255,433.50
15.00 minutes ..........
250.00
63.07
15,767.50
10.00 minutes ..........
2,700.00
85.93
232,011.00
784 railroads ...........
784 railroads ...........
784 railroads ...........
784 railroads ...........
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REPORTING BURDEN—Continued
CFR section
Total annual responses
Average time per response
Total annual
burden hours
Wage rate
Total cost
equivalent
U.S. dollars
(A)
(B)
(C = A * B)
(E)
(D = C * E)
10.00 minutes ..........
167
85.93
14,350.31
784 railroads ...........
1,000 unannounced
compliance test
records.
100 determinations ..
30.00 minutes ..........
50.00
63.07
3,153.50
784 railroads ...........
20 determinations ....
30.00 minutes ..........
10.00
63.07
630.70
784 railroads ...........
16,200 record retentions.
20 amended records
784 lists ...................
15.00 minutes ..........
4,050.00
85.93
348,016.50
30.00 minutes ..........
5.00 minutes ............
10.00
63.00
85.93
85.93
859.30
5,413.59
2.00 minutes ............
67.00
63.07
4,225.69
10.00 minutes ..........
167
63.07
10,532.69
5.00 minutes ............
42.00
85.93
3,609.06
10.00 minutes ..........
1.00 hour
85.93
85.93
Respondent universe
—(f) Return to service that requires 784 railroads ...........
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 .......
242.205—Identification of certified persons
and recordkeeping. List of certified persons.
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 ........
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242.213(e)—Multiple certificates—Notification to engineer that no conductor is on
train.
—(f) Notification of denial of certification by individuals holding certifications from more than one railroad.
242.215(a)—Railroad oversight responsibilities—Review and analysis of administration of certification program.
—(d)–(i) Upon FRA’s request, railroad
provides a report of findings and
conclusions.
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 and
candidate response.
—(c) Written notification of denial of
certification.
242.403—Criteria for revoking certification—Review of compliance conduct.
242.407(a)—Process for revoking certification—Revocation for violations of section 242.115(e) and 242.403(e).
—(b)(1) and (2) Immediate suspension
of certificate.
—(b)(7) Hearing record ........................
—(c) Written decisions by railroad official.
—(c) Service of written decision on
employee by RR + RR service proof.
784 railroads ...........
784 railroads ...........
784 railroads ...........
784 railroads ...........
784 railroads ...........
35 railroads .............
2,000 displayed certificates.
1,000 notifications ...
500 temporary replacement certificates.
5 locomotive engineer notifications.
784 railroads ...........
10 notifications ........
10.00 minutes ..........
2.00
63.07
126.14
53 railroads .............
53 reviews and analyses.
40.00 hours .............
2,120.00
85.93
182,171.60
784 railroads ...........
53 reports ................
4.00 hours ...............
212.00
85.93
18,217.16
320 railroads ...........
1,000 determinations
15.00 minutes ..........
250.00
63.07
15,767.50
320 railroads ...........
300 notifications ......
10.00 minutes ..........
50.00
63.07
3,153.50
784 railroads ...........
80 notices + 40 responses.
1 hour + 1 hour .......
4 120.00
123.41
63.07
12,395.60
784 railroads ...........
40 notifications ........
1.00 hour .................
40.00
85.93
3,437.20
784 railroads ...........
1,000 certification reviews.
1,000 revoked certifications.
15.00 minutes ..........
250.00
63.07
15,767.50
8.00 hours ...............
8,000.00
123.41
987,280.00
1,000 suspended
certification letters.
1,000 records ..........
1,000 written decisions.
1,000 served written
decisions + 1,000
service proofs.
700 written waivers
15 revoked certifications.
1.00 hour .................
1,000.00
85.93
85,930.00
5.00 minutes ............
2.00 hours ...............
250.00
2,000.00
85.93
123.41
21,482.50
246,820.00
10 minutes + 5 minutes.
250.00
85.93
21,482.50
10.00 minutes ..........
10.00 minutes ..........
117.00
3.00
63.07
123.41
7,379.19
370.23
784 railroads ...........
784 railroads ...........
784 railroads ...........
784 railroads ...........
784 railroads ...........
—(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.
41,000 conductors ...
784 railroads ...........
784 railroads ...........
100 updated records
1.00 hour .................
100.00
85.93
8,593.00
Totals 5 ..........................................
784 railroads ...........
220,123 responses ..
N/A ..........................
46,858
........................
4,281,590
Total Estimated Annual Responses:
220,123.
2 Breakdown of total burden hours is 25 hours ×
$63.07 = $1,576.75, and 8.5 hours × 123.41 =
$1,048.98 for a total of 33.50 hours and $2,625.73
total cost equivalent.
VerDate Sep<11>2014
18:43 May 24, 2024
Jkt 262001
of total burden hours is 7.5 hours ×
$123.41 = $925.57, and 2.55 hours × 85.93 =
$219.12 for a total of 10.05 hours and $1,144.69
total cost equivalent.
4 Breakdown of total burden hours is 80 hours ×
$123.41 = $9,872.80, and 40 hours × 63.07 =
$2,522.80 for a total of 120 hours and $12,395.60
total cost equivalent.
3 Breakdown
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Sfmt 4703
Total Estimated Annual Burden:
47,858 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $4,344,660.
5 Totals
E:\FR\FM\28MYN1.SGM
may not add up due to rounding.
28MYN1
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
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.
FOR FURTHER INFORMATION CONTACT:
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, 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:
[FR Doc. 2024–11539 Filed 5–24–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2024–0009]
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 July 29,
2024.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2024–
0009. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number (2130–0590) 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.
SUMMARY:
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Federal Railroad Administration
Alleged Violation and Inquiry Form.
OMB Control Number: 2130–0590.
Abstract: The FRA Alleged Violation
and Inquiry Form is a response to
section 307(b) of the Rail Safety
Improvement Act of 2008, which
requires FRA to ’’provide a mechanism
for the public to submit written reports
of potential violations of Federal
railroad safety and hazardous materials
transportation laws, regulations, and
orders to the Federal Railroad
Administration.’’ The FRA Alleged
Violation and Inquiry Form allows the
public to submit alleged violations,
complaints, or inquiries directly to FRA.
The form allows FRA to collect
information necessary to investigate the
alleged violation, complaint, or inquiry,
and to follow up with the submitting
party. FRA may share the information
collected with partnering States under
its State Safety Participation Program
and with law enforcement agencies.
In this 60-day notice FRA has made
adjustments that increase the overall
burden from 70 to 120 hours. The
increase in burden hours is a result of
an increase in the estimated number of
responses for the three-year information
collection period. After a thorough
review, FRA has estimated that
responses will increase from 600 to
1000.
FRA will use the information
collected under the form to identify
problem areas and take necessary action
to prevent potential accidents of the
type indicated by the information
submitted from occurring.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved information
collection.
Affected Public: Public.
Form(s): FRA F 6180.151.
Respondent Universe: Public.
Frequency of Submission: On
occasion.
REPORTING BURDEN
Respondent
universe
khammond on DSKJM1Z7X2PROD with NOTICES
CFR section
FRA Alleged Violation and Inquiry
Form FRA F 6180.151.
Public ...................
1 Source: U.S. Department of Labor, Bureau of
Labor Statistics (BLS) Employer Cost for Employee
Compensation—December 2023. Hourly wage rate
VerDate Sep<11>2014
19:55 May 24, 2024
Jkt 262001
Total annual
responses
Average time per
response
Total annual
burden hours
Total cost equivalent
in U.S. dollars 1
(A)
(B)
(C = A * B)
(D = C * wage rates)
1000 forms .............
7 minutes .............
used is $30.33 plus overhead of 30%. Total
burdened wage rate is $43.11.
PO 00000
Frm 00248
Fmt 4703
Sfmt 4703
2 Total
E:\FR\FM\28MYN1.SGM
120
may not add up due to rounding.
28MYN1
$5,173
]]>Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46298-46302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11539]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2024-0010]
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
July 29, 2024.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2024-0010. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0596) 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 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, 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 statutes and 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: 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 any
person as a conductor. As part of that program, railroads are required
to have a process for determining competency to serve as a conductor
through training, testing, and qualifying prospective conductors and
existing conductors before issuing each person certification or
recertification. The regulation is intended 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, and territorial
qualifications.
In this 60-day notice, FRA made adjustments that decreased the
previously approved burden hours from 49,761 hours to 46,858 hours. The
decrease in burden is a result of the reduced amount of time per
response for Sec. 242.115(e) certification review for prior alcohol/
drug conduct. The average time was reduced from 10 minutes to 5
minutes, providing a more accurate analysis of the time needed to
complete the review.
Additionally, upon a detailed review of part 242, FRA made several
adjustments to its estimated paperwork burdens in this ICR
extension.\1\ FRA determined that fewer employees were changing
employers, therefore reducing the number of prior safety records being
reviewed. FRA also found that the associated burdens related to
substance abuse and medical conditions have decreased as fewer
employees have medical conditions that require further evaluation or
positive drug and alcohol tests. As a result of these decreased
burdens, the number of certification denials due to medical conditions
and substance abuse has also decreased.
---------------------------------------------------------------------------
\1\ The public can view all estimate adjustments to FRA's active
ICRs in the Supporting Statements published at https://www.reginfo.gov/public/. The Supporting Statement for this ICR will
be available after the 30-day Federal Register notice is published
in reginfo.gov.
---------------------------------------------------------------------------
Type of Request: Extension without change (with changes in
estimates) of a currently approved information collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 784 railroads.
Frequency of Submission: On occasion.
[[Page 46299]]
Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total cost
CFR section Respondent universe Total annual Average time per Total annual Wage rate equivalent
responses response burden hours U.S. dollars
..................... (A).................. (B).................. (C = A * B) (E) (D = C * E)
--------------------------------------------------------------------------------------------------------------------------------------------------------
242.9--Waivers--Petitions.......... 784 railroads........ 1 waiver petition.... 3.00 hours........... 3.00 85.93 257.79
242.103(b)-(c)(2)--Approval of 784 new railroads.... 3 new conductor 8.00 hours........... 24.00 123.41 2,961.84
design of individual railroad certification
programs by FRA--Certification programs.
programs for new railroads.
--(c)(1) Conductor 784 railroads........ 6 certification 15.00 minutes........ 1.50 85.93 128.90
certification submission-- program submission
Copies to rail labor copies.
organizations (RLOs).
--(c)(2) Affirmative statements 784 railroads........ 6 affirmative 15.00 minutes........ 1.50 85.93 128.90
that copies of submissions statements.
were sent to RLOs.
--(d) RLOs submit comments on 784 railroads........ 6 certified comments. 4.00 hours........... 24.00 85.93 2,062.32
RR programs.
--(g) Non-conforming program 784 railroads........ 15 revised programs.. 3.00 hours........... 45.00 85.93 3,866.85
revised and resubmitted to FRA.
--(h)(2) Resubmitted 784 railroads........ 3 resubmitted 2.00 hours........... 6.00 85.93 515.58
certification programs still certification
not conforming and then programs.
resubmitted.
--(i)(1)-(2) Certification 784 railroads........ 96 certificate 2.00 hours........... 192.00 85.93 16,498.56
programs materially modified program material
after initial FRA approval. modifications.
--(i)(3) Materially modified 784 railroads........ 20 modified 2.00 hours........... 40.00 85.93 3,437.20
programs disapproved by FRA certification
and then revised. programs.
--------------------------------------------------------------------------------------------------------------------
--Revised programs disapproved The estimated paperwork burden for this requirement is included under Sec. 242.103(i)(3).
and then re-submitted.
--------------------------------------------------------------------------------------------------------------------
242.107(c)--Types of service-- 35 railroads......... 400 records of 2.00 minutes......... 13.00 63.07 840.72
emergency training for trainings.
reclassification to different type
of certification.
242.109--Determinations by RRs 784 railroads........ 300 records + 300 30 minutes + 10 225 85.93 19,334.25
before certification or comments. minutes.
recertification and the
opportunity for candidates to
comment on their prior safety
conduct record.
242.111(b)--Prior Safety Conduct as 784 railroads........ 16,200 eligibility 10.00 minutes........ 2,700.00 85.93 232,011.00
Motor Vehicle Operator-- determinations.
Eligibility determinations.
--(c) Initial certification for 784 railroads........ 150 initial 10.00 minutes........ 25.00 85.93 2,148.25
60 days. certifications.
--(d) Recertification for 60 784 railroads........ 125 re-certifications 10.00 minutes........ 21.00 85.93 1,804.53
days.
--------------------------------------------------------------------------------------------------------------------
--(f) Driver info not provided FRA anticipates that there will be zero waiver requests during this three-year collection period.
and request for waiver by
persons/railroad.
--------------------------------------------------------------------------------------------------------------------
--(h) Request to obtain 41,000 conductors.... 16,200 written 15.00 minutes........ 4,050.00 63.07 255,433.50
driver's license information requests.
from licensing agency.
--------------------------------------------------------------------------------------------------------------------
--(j) Requests for additional The estimated paperwork burden for this requirement is included under Sec. 242.111(h).
information from driver
licensing agency.
--------------------------------------------------------------------------------------------------------------------
--(k) Notification to RR by 41,000 conductors.... 10 notices........... 10.00 minutes........ 2.00 63.07 126.14
persons of never having a
license.
--(l) Report of Motor Vehicle 41,000 conductors.... 400 self-reporting... 10.00 minutes........ 68 63.07 4,288.76
Incidents.
--(m)-(n) Evaluation of driving 41,000 conductors.... 16,200.00 motor 5.00 minutes......... 1,350.00 63.07 85,144.50
record. vehicle record
evaluations.
--(o)(1) DAC referral by RR 784 railroads........ 200 DAC referrals.... 5.00 minutes......... 16.00 123.41 1,974.56
after report of driving drug/
alcohol incident.
--(o)(2) DAC requests person 784 railroads........ 20 DAC requests...... 30.00 minutes........ 10.00 123.41 1,234.10
supply records of prior
counseling or treatment and
the person must provide the
records requested.
--(o)(3) Condition 784 railroads........ 40 conditional 4.00 hours........... 160.00 123.41 19,745.60
certifications based upon certification
participation in aftercare or recommendations.
follow-up testing recommended
by DAC.
--------------------------------------------------------------------------------------------------------------------
242.113--Prior safety conduct as The estimated paperwork burden for this requirement is included above in Sec. 242.109.
employee of a different railroad.
--------------------------------------------------------------------------------------------------------------------
242.115(b)--Determination that 41,000 conductors.... 16,200 determinations 2.00 minutes......... 540.00 63.07 34,057.80
person meets eligibility
requirements.
--(c) Written documents from 41,000 conductors.... 250 filed documents.. 30.00 minutes........ 125.00 123.41 15,426.25
DAC that person is not
affected by a substance abuse
disorder.
[[Page 46300]]
--(d)(3) RR treats self- 784 railroads........ 30 self-referrals.... 5.00 minutes......... 2.5 123.41 308.53
referral for substance abuse
counseling by employee as
confidential except with
respect to ineligibility for
certification.
--(e) Certification reviews for 784 railroads........ 16,200 certification 5.00 minutes......... 1,350.00 123.41 166,603.50
occurrence/documentation of reviews.
prior alcohol/drug conduct by
persons/conductors.
--(e)(3)(i) Written 784 railroads........ 75 written 1.00 hour............ 75.00 123.41 9,255.75
determination that person not determinations.
currently certified is
ineligible and the conditions
for the ineligibility period.
--(e)(3)(ii) Notification to 784 railroads........ 75 notifications..... 30.00 minutes........ 37.50 85.93 3,222.38
current conductor that
recertification has been
denied or certification has
been revoked and the
conditions for the
ineligibility period.
--(e)(4) Persons/conductors 41,000 conductors.... 150 waived 10.00 minutes........ 25.50 63.07 1,608.29
waiving investigation/de- investigations.
certifications.
242.117(b)--Vision and hearing 784 railroads........ 16,200 records....... 2.00 minutes......... 540.00 123.41 66,641.40
acuity--Determination vision
standards met.
--(b) Determination hearing 784 railroads........ 16,200 records....... 2.00 minutes......... 540.00 123.41 66,641.40
standards met.
--------------------------------------------------------------------------------------------------------------------
--Additional gap hearing tests. The estimated paperwork burden for this requirement is included under Sec. 242.117(b).
--------------------------------------------------------------------------------------------------------------------
--(c)(1) Medical examiner 784 railroads........ 16,200 file medical 10.00 minutes........ 2,700.00 123.41 333,207.00
certificate that person has examiners.
been examined/passed test.
--(c)(2)(i) Document standards 784 railroads........ 25 written documents. 30.00 minutes........ 12.50 123.41 1,542.63
can be met with conditions
attached.
--(c)(2)(ii) Document standards 784 railroads........ 25 written documents. 30.00 minutes........ 12.50 123.41 1,542.63
cannot be met even with
conditions attached.
--(e) Notation person needs 784 railroads........ 5,000 certificate 10.00 minutes........ 833.33 123.41 102,841.26
corrective device (glasses or notifications.
hearing aid, or both).
--(j) Person not meeting 784 railroads........ 50 requests + 50 30 minutes + 10 \2\ 33.50 63.07 2,625.73
hearing or vision thresholds determination. minutes. 123.41
requests further medical
evaluation for new
determination.
--(j) Consultations by medical 784 railroads........ 15 consults + 15 30 minutes + 10 \3\ 10.05 123.41 1,144.69
examiners with railroad certifications. minutes. 85.93
officer and issue of
conditional certification.
--(k) Notification by certified 784 railroads........ 20 notifications..... 10.00 minutes........ 3.00 63.07 189.21
conductor of deterioration of
vision/hearing.
242.119(a)--Training--New 3 new railroads...... 3 training programs.. 3.00 hours........... 9.00 123.41 1,110.69
railroads--Training program.
--(a) Modification to training 783 railroads........ 75 programs.......... 30.00 minutes........ 38.00 85.93 3,265.34
program.
--(c) Written documentation 783 railroads........ 50 written documents. 30.00 minutes........ 25.00 85.93 2,148.25
showing each person completed
training for certification or
recertification.
--(d)(5) Modified training 784 railroads........ 24 modified training 2.00 hours........... 48.00 85.93 4,124.64
programs due to new laws, programs.
regulations, orders,
technologies, procedures, or
equipment.
--(f) Employee consultation 784 railroads........ 1,000 consultations.. 15.00 minutes........ 250.00 63.07 15,767.50
with qualified supervisory
employee if given written test
to demonstrate knowledge of
physical characteristics of
any assigned territory.
--(i) Familiarization training 784 railroads........ 20 training records.. 15.00 minutes........ 5.00 63.07 315.35
for conductor of acquiring
railroad from selling company/
railroad prior to commencement
of new operation.
--(l) RR continuous education/ 784 railroads........ 16,200 training 15.00 minutes........ 4,050.00 63.07 255,433.50
training of conductors. records.
242.121(a)-(f)--Knowledge testing-- 784 railroads........ 16,200 examination 15.00 minutes........ 4,050.00 63.07 255,433.50
Determining eligibility. records.
--(g) Retests/re-examinations.. 784 railroads........ 1,000 retests or 15.00 minutes........ 250.00 63.07 15,767.50
reexamination
records.
242.123(a)-(e)--Monitoring 784 railroads........ 16,200 operational 10.00 minutes........ 2,700.00 85.93 232,011.00
operational Performance. compliance test
records.
[[Page 46301]]
--(f) Return to service that 784 railroads........ 1,000 unannounced 10.00 minutes........ 167 85.93 14,350.31
requires unannounced compliance test
compliance test/record. records.
242.125--Determination made by 784 railroads........ 100 determinations... 30.00 minutes........ 50.00 63.07 3,153.50
railroad relying on another
railroad's certification.
242.127--Reliance on qualification 784 railroads........ 20 determinations.... 30.00 minutes........ 10.00 63.07 630.70
requirements of other countries.
242.203(b)--Retaining information 784 railroads........ 16,200 record 15.00 minutes........ 4,050.00 85.93 348,016.50
supporting determination--Records. retentions.
--(c) Amended electronic 784 railroads........ 20 amended records... 30.00 minutes........ 10.00 85.93 859.30
records.
242.205--Identification of 784 railroads........ 784 lists............ 5.00 minutes......... 63.00 85.93 5,413.59
certified persons and
recordkeeping. List of certified
persons.
242.209(a)--Maintenance of 784 railroads........ 2,000 displayed 2.00 minutes......... 67.00 63.07 4,225.69
Certificates--Request to display certificates.
certificate.
--(b) Notification by 784 railroads........ 1,000 notifications.. 10.00 minutes........ 167 63.07 10,532.69
conductors that RR request to
serve exceeds certification.
242.211--Replacement of 784 railroads........ 500 temporary 5.00 minutes......... 42.00 85.93 3,609.06
certificates. replacement
certificates.
242.213(e)--Multiple certificates-- 35 railroads......... 5 locomotive engineer 10.00 minutes........ 1.00 hour 85.93 85.93
Notification to engineer that no notifications.
conductor is on train.
--(f) Notification of denial of 784 railroads........ 10 notifications..... 10.00 minutes........ 2.00 63.07 126.14
certification by individuals
holding certifications from
more than one railroad.
242.215(a)--Railroad oversight 53 railroads......... 53 reviews and 40.00 hours.......... 2,120.00 85.93 182,171.60
responsibilities--Review and analyses.
analysis of administration of
certification program.
--(d)-(i) Upon FRA's request, 784 railroads........ 53 reports........... 4.00 hours........... 212.00 85.93 18,217.16
railroad provides a report of
findings and conclusions.
242.301(a)--Determinations--Territo 320 railroads........ 1,000 determinations. 15.00 minutes........ 250.00 63.07 15,767.50
rial qualification and joint
operations.
--(b) Notification by persons 320 railroads........ 300 notifications.... 10.00 minutes........ 50.00 63.07 3,153.50
who do not meet territorial
qualification.
242.401(a)--Denial of 784 railroads........ 80 notices + 40 1 hour + 1 hour...... \4\ 120.00 123.41 12,395.60
certification--Notification to responses. 63.07
candidate of information that
forms basis for denying
certification and candidate
response.
--(c) Written notification of 784 railroads........ 40 notifications..... 1.00 hour............ 40.00 85.93 3,437.20
denial of certification.
242.403--Criteria for revoking 784 railroads........ 1,000 certification 15.00 minutes........ 250.00 63.07 15,767.50
certification--Review of reviews.
compliance conduct.
242.407(a)--Process for revoking 784 railroads........ 1,000 revoked 8.00 hours........... 8,000.00 123.41 987,280.00
certification--Revocation for certifications.
violations of section 242.115(e)
and 242.403(e).
--(b)(1) and (2) Immediate 784 railroads........ 1,000 suspended 1.00 hour............ 1,000.00 85.93 85,930.00
suspension of certificate. certification
letters.
--(b)(7) Hearing record........ 784 railroads........ 1,000 records........ 5.00 minutes......... 250.00 85.93 21,482.50
--(c) Written decisions by 784 railroads........ 1,000 written 2.00 hours........... 2,000.00 123.41 246,820.00
railroad official. decisions.
--(c) Service of written 784 railroads........ 1,000 served written 10 minutes + 5 250.00 85.93 21,482.50
decision on employee by RR + decisions + 1,000 minutes.
RR service proof. service proofs.
--(f) Written waiver of right 41,000 conductors.... 700 written waivers.. 10.00 minutes........ 117.00 63.07 7,379.19
to hearing.
--(g) Revocation of 784 railroads........ 15 revoked 10.00 minutes........ 3.00 123.41 370.23
certification based on certifications.
information that another
railroad has done so.
--(j) Placing relevant 784 railroads........ 100 updated records.. 1.00 hour............ 100.00 85.93 8,593.00
information in record prior to
suspending certification/
convening hearing.
--------------------------------------------------------------------------------------------------------------------
Totals \5\................. 784 railroads........ 220,123 responses.... N/A.................. 46,858 .............. 4,281,590
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Estimated Annual Responses: 220,123.
---------------------------------------------------------------------------
\2\ Breakdown of total burden hours is 25 hours x $63.07 =
$1,576.75, and 8.5 hours x 123.41 = $1,048.98 for a total of 33.50
hours and $2,625.73 total cost equivalent.
\3\ Breakdown of total burden hours is 7.5 hours x $123.41 =
$925.57, and 2.55 hours x 85.93 = $219.12 for a total of 10.05 hours
and $1,144.69 total cost equivalent.
\4\ Breakdown of total burden hours is 80 hours x $123.41 =
$9,872.80, and 40 hours x 63.07 = $2,522.80 for a total of 120 hours
and $12,395.60 total cost equivalent.
\5\ Totals may not add up due to rounding.
---------------------------------------------------------------------------
Total Estimated Annual Burden: 47,858 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$4,344,660.
[[Page 46302]]
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.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
[FR Doc. 2024-11539 Filed 5-24-24; 8:45 am]
BILLING CODE 4910-06-P
