Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2014-0011-N-16]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

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

ACTION:

Notice.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting the information collection requests (ICRs) below for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

Comments must be received no later than November 3, 2014.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, “Comments on OMB control number 2130-_____.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via email to Mr. Brogan at

Robert.Brogan@dot.gov,

or to Ms. Toone at

Kim.Toone@dot.gov.

Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses).

See

44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a “user friendly” format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested.

See

44 U.S.C. 3501.

Below is a brief summary of currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title:

Roadway Worker Protection.

OMB Control Number:

2130-0539.

Abstract:

This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers' responsibilities, as well as employees' rights and responsibilities thereto; well-defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA. Part 214 regulations have been deemed different enough from the part 213 regulations as to require a separate and distinct reporting form (new Form FRA F 6180.119). Regardless of discipline, the FRA inspector will complete the new Roadway Workplace Safety Violation Report Form (FRA F 6180.119) when recommending civil penalties for part 214 infractions.

Form Number(s):

FRA F 6180.119.

Affected Public:

Businesses/Individuals.

Respondent Universe:

718 Railroads; 50,000 Roadway Workers.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR Section

Respondent universe

Total annual responses

Average time

per response

Total annual burden hours

Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report

350 Safety Inspectors

150 forms

4 hours

600

214.303—Railroad On-Track Safety Programs:

—Amendments to Programs

60 Railroads

20 amend. + 584 amend

20 hours; 4 hrs

2,736

—Subsequent Years: New Programs

5 New Railroads

5 new prog.

250 hours

1,250

214.313—Good Faith Challenges to On-Track Safety Rules

20 Railroads

80 challenges

4 hours per challenge

320

214.315/335—Supervision +communication:

—Regular Job Briefings

50,000 Rdwy Workers

16,350,000 brf

2 minutes

545,000

—Adjacent-Track Safety Briefings (New)

24,500 Rdwy Workers

2,403,450 brf.

30 seconds

20,029

214.321—Exclusive Track Occupancy: Working Limits:

—Written authority to roadway worker in charge

8,583 Roadway Workers

700,739 authorities

1 minute

11,679

214.325—Train Coordination—Establishing Working Limits through Communication

50,00 Roadway Workers

36,500 comm.

15 seconds

152

214.327—Inaccessible Track:

—Working Limits on Non-controlled Track: Notifications

718 Railroads

50,000 notifications

10 minutes

8,333

214.336—

Procedures for Adjacent-Track Movements Over 25 mph:

—Notifications/Watchmen/Lookout Warnings

100 Railroads

10,000 notific.

15 seconds

42

—Roadway Worker Communication with Train Engineers or Equipment Operators

100 Railroads

3,000 comm.

1 minute

50

—

Procedures for Adjacent-Track Movements 25 mph or less

100 Railroads

3,000 notific.

15 seconds

13

—Notifications/Watchmen/Lookout Warnings

—Roadway Worker Communication with Train Engineers or Equipment Operators

100 Railroads

1,500 comm

1 minute

25

—Exceptions to the requirements in paragraphs (a), (b), and (c) for adjacent-controlled-track on-track safety: Work activities involving certain equipment and purposes—On-Track Job Safety Briefings

100 Railroads

1,030,050 briefings

15 seconds

4,292

214.337—On-Track Safety Procedures for Lone Workers: Statements by Lone Workers

718 Railroads

2,080,000 statements

30 seconds

17,333

214.343/345/347/349/351/353/355—training

50,000 Rdwy Workers

50,000 tr. RW

4.5 hours

225,000

—Additional on-track safety training (New)

35,000 Rdwy Workers

35,000 tr. RW

5 min.

2,917

—Records of Training

50,000 Roadway Workers

50,000 records

2 min.

1,667

214.503—Good Faith Challenges; Procedures for Notification and Resolution:

—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition

50,000 Rdwy Workers

125 notific.

10 minutes

21

—Resolution Procedures

644 Railroads

10 procedures

2 hours

20

214.505—Required Environmental Control and Protection Systems for New On-Track Roadway Maintenance Machines with Enclosed Cabs:

644 Railroads/200 contractors

500 lists

1 hour

500

—Designations/Additions to List

644 Railroads/200 contractors

150 additions/designations

5 minutes

13

214.507—A-Built Light Weight on New Roadway Maintenance Machines

644 Railroads

1,000 stickers

5 minutes

83

214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines

644 Railroads

3,700 identified mechanisms

5 minutes

308

214.513—Retrofitting of Existing On-Track Roadway Maintenance Machines:

—Identification of Triggering Mechanism—Horns

703 Railroads

200 mechanisms

5 minutes

17

214.515—Overhead Covers for Existing On-Track Roadway Maintenance Machines

644 Railroads

500 requests + 500 responses

10 minutes; 20 minutes

250

214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991

644 Railroads

500 stencils

5 minutes

42

214.518—Safe and Secure Position for riders:

—Positions identified by stencilings/markings/notices

644 Railroads

1,000 stencils

5 minutes

83

214.523—Hi-Rail Vehicles—Inspections/Records:

644 Railroads

2,000 records

60 minutes

2,000

—Non-Complying Conditions

644 Railroads

500 tags + 500 reports

10 min.; 15 min

208

214.527—On-Track Roadway Maintenance Machine; Inspection for Compliance and Repair Schedules

644 Railroads

550 tags + 550 reports

5 min.; 15 min

184

214.533—Schedule of Repairs Subject to Availability of Parts—Records of Compliance with this Section

644 Railroads

250 records

15 minutes

63

Total Estimated Responses:

22,816,613.

Total Estimated Annual Burden:

845,230 hours.

Status:

Extension of a Currently Approved Collection.

Title:

Conductor Certification.

OMB Control Number:

2130-0596.

Abstract:

On November 9, 2011, FRA issued regulations for certification of conductors, as required by the Rail Safety Improvement Act of 2008.

See

76 FR 69802. This rule requires railroads to have a formal program for certifying conductors. As part of that program, railroads are required to have a formal process for training prospective conductors and determining that all persons are competent before permitting them to serve as a conductor. FRA issued this regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors, to reduce the rate and number of accidents and incidents, and to improve railroad safety. Although this rule does not propose any specific amendments to the regulation governing locomotive engineer certification, it does highlight areas in that regulation that may require conforming changes. The information collected under this rule is used by FRA to ensure that railroads and their employees fully comply with all the requirements of part 242, including a conductor certification/recertification program, fitness requirements, initial and periodic testing of conductors, territorial qualifications, etc.

Form Number(s):

N/A.

Affected Public:

Businesses.

Respondent Universe:

677 railroads.

Frequency of Submission:

On occasion; annually.

Reporting Burden:

CFR Section/Subject

Respondent universe

Total annual responses

Average time

per response

Total annual burden hours

242.9—Waivers—Petitions

677 railroads

10 petitions

3 hours

30

242.101/103—Certification Program: Written Program for Certifying Conductors

677 railroads

678 programs

160 hrs./581 Hrs./15.5 hrs.

16,799

Approval of Design of Programs:

—Certification Programs for New RRs

6 railroads

6 new prog.

15.5 hours

93

—Conductor Certification Submission Copies to Rail Labor Organizations

677 railroads

200 copies

15 minutes

50

—Affirmative Statements that Copies of Submissions Sent to RLOs

677 railroads

200 statements

15 minutes

50

—Certified Comments on Submissions

677 railroads

35 comments

4 hours

140

—Certification Programs Disapproved by FRA and then Revised

677 railroads

10 programs

4 hours

40

—Revised Certification Programs Still Not Conforming and Then Resubmitted

677 railroads

3 programs

2 hours

6

—Certification Programs Materially Modified After Initial FRA Approval

677 railroads

50 programs

2 hours

100

—Materially Modified Programs Disapproved by FRA & Then Revised

677 railroads

3 programs

2 hours

6 hours

—Revised Programs Disapproved and Then Resubmitted

677 railroads

1 program

2 hours

2 hours

242.105 —Implementation Schedule:

—Designation of Certified Conductors (Class I Railroads)

677 railroads

48,600 designations

5 minutes

4,050

—Issued Certificates (1/3 each year)

677 railroads

16,200 certif.

1 hour

16,200

—Designation of Certified Conductors (Class II and III Railroads)

677 railroads

5,400 design.

5 minutes

450

—Issued Certificates (1/3 each year)

677 railroads

1,800 certif.

1 hour

1,800

—Requests for Delayed Certification

677 railroads

5,000 request

30 minutes

2,500

—Testing/Evaluation to Certify Persons

677 railroads

1,000 tests

560 hours

560,000

—Testing/Evaluation to Certify Conductors (Class III)

627 railroads

100 tests

400 hours

40,000

242.107—Types of Service—Reclassification to Diff. Type of Cert.

677 railroads

25 conductor Tests/Evaluations

8 hours

200

242.109—Opportunity by RRs for Certification Candidates to Review and Comment on Prior Safety Record

677 Railroads

200 records + 200 comments

30 minutes + 10 minutes

133

242.111—Prior Safety Conduct As Motor Vehicle Operator:

—Eligibility Determinations

677 Railroads

1,100 dtrmin.

10 minutes

183

—Initial Certification for 60 Days

677 Railroads

75 certific.

10 minutes

13

—Recertification for 60 Days

677 Railroads

125 recertif.

10 minutes

21

—Driver Info. Not Provided and Request for Waiver by Persons/RR

677 Railroads

25 requests

2 hours

50

—Request to Obtain Driver's License Information From Licensing Agency

54,000 Conductors/Persons

18,000 req.

15 minutes

4,500

—Requests for Additional Information From Licensing Agency

54,000 Conductors/Persons

25 requests

10 minutes

4

—Notification to RR by Persons of Never Having a License

54,000 Conductors/Persons

2 notifications

10 minutes

.33

—Report of Motor Vehicle Incidents

54,000 Conductors

200 reports

10 minutes

33

—Evaluation of Driving Record

54,000 Conductors

18,000 eval.

15 minutes

4,500

—DAC Referral by RR After Report of Driving Drug/Alcohol Incident

677 Railroads

180 referrals

5 minutes

15

—DAC Request and Supply by Persons of Prior Counseling or Treatment

677 Railroads

5 requests/Records

30 minutes

3

—Conditional Certifications Recommended by DAC

677 Railroads

50 certificat.

4 hours

200

242.113—Prior Safety Conduct As Employee of a Different Railroad

54,000 conductors

360 requests/

360 records

15 minutes +

30 minutes

270

242.115—Substance Abuse Disorders and Alcohol Drug Rules Compliance:

—Meeting Section's Eligibility Reqmnt

54,000 conductors

18,000 determinations

2 minutes

600

—Written Documents from DAC Person Not Affected by a Disorder

677 railroads

400 docs.

30 minutes

200

—Self-Referral by Conductors for Substance Abuse Counseling

54,000 conductors

10 self-referrals

10 minutes

2

—Certification Reviews for Occurrence/Documentation of Prior Alcohol/Drug Conduct by Persons/Conductors

677 railroads

18,000 reviews

10 minutes

3,000

—Written Determination That Most Recent Incident Has Occurred

677 railroads

150 determin.

60 minutes

150

—Notification to Person That Recertification Has Been Denied

677 railroads

150 notific.

10 minutes

25

—Persons/Conductors Waiving Investigation

54,000 conductors

100 waivers

10 minutes

17

242.117—Vision and Hearing Acuity:

—Determination Vision Standards Met

677 railroads

18,000 deter.

20 minutes

6,000

—Determination Hearing Stds. Met

677 railroads

18,000 deter.

20 minutes

6,000

—Additional Gap Hearing Tests

677 railroads

200 deter.

20 minutes

67

—Medical Examiner Certificate That Person Has Been Examined/Passed Test

677 railroads

18,000 certif.

2 hours

36,000

—Document Standards Met with Conditions

677 railroads

50 document

30 minutes

25

—Document Standards Not Met

677 railroads

25 document

30 minutes

13

—Notation Person Needs Corrective Device (Glasses/Hearing Aid)

677 railroads

10,000 notes

10 minutes

1,667

—Request for Further Medical Evaluation for New Determination

677 railroads

100 requests + 100 Evals.

60 minutes + 2 hours

300

—Request for Second Retest and Another Medical Evaluation

677 railroads

25 requests + 25 Evals.

60 minutes + 2 hours

75

—Copies of Part 242 Provided to RR Medical Examiners

677 railroads

677 copies

60 minutes

677

—Consultations by Medical Examiners with Railroad Officer and Issue of Conditional Certification

677 railroads

100 consults + 100 certif.

2 hours + 10 minutes

217

—Notification by Certified Conductor of Deterioration of Vision/Hearing

677 railroads

10 notific.

10 minutes

2

242.119—Training:

—Completion of Training Program

677 railroads

678 Programs

36 hours/70 hrs/3 hrs

3,751

—Modification to Training Program

677 railroads

678 Programs

12 hrs/20 hrs/30 min.

934

—Completion of Training Program by Conductors/Persons + Documents

54,000 Conductors

18,000 Docs/18,000 Cond.

1 hour/560 hours

10,098,000

—Modification of Training Program Due to New Laws/Regulations

677 railroads

30 programs

4 hours

120

—Consultation with Supervisory Employee During Written Test

677 railroads

1,000 consult

15 minutes

250

—Familiarization Training Upon Transfer of RR Ownership

677 railroads

10 trained Conductors

8 hours

80

—Continuing Education of Conductors

677 railroads

18,000 cont. trained cond.

8 hours

144,000

242.121—Knowledge Testing:

—Determining Eligibility

677 railroads

18,000 deter.

30 minutes

9,000

—Retests/Re-Examinations

677 railroads

500 Retests

8 hours

4,000

242.123—Monitoring Operational Performance:

—Unannounced Compliance Tests and Records

677 railroads

18,000 tests + 18,000 recd

10 minutes + 5 minutes

4,500

—Return to Service That Requires Unannounced Compliance Test/Record

677 railroads

1,000 tests + 1,000 records

10 minutes + 5 minutes

250

242.125/127—Certificate Determination by Other Railroads/Other Country:

—Determination Made by RR Relying on Another RR's Certification

677 railroads

100 determin.

30 minutes

50

—Determination by Another Country

677 railroads

200 determin.

30 minutes

100

242.203—Retaining Information Supporting Determination—Records

677 railroads

18,000 recds

15 minutes

4,500

—Amended Electronic Records

677 railroads

20 records

60 minutes

20

242.205—List of Certified Conductors Working in Joint Territory

677 railroads

625 lists

60 minutes

625

242.209—Maintenance of Certificates:

—Request to Display Certificate

677 railroads

2,000 request/displays

2 minutes

67

—Notification That Request to Serve Exceeds Certification

677 railroads

1,000 notif.

10 minutes

167

242.211—Replacement of Certificates

677 railroads

500 certific.

5 minutes

42

242.213—Multiple Certificates:

—Notification to Engineer That No Conductor Is On Train

677 railroads

5 notification

10 minutes

1

—Notification of Denial of Certification by Individuals Holding Multiple Certifications

677 railroads

10 notific.

10 minutes

2

242.215—RR Oversight Responsibility:

—RR Review and Analysis of Administration of Certification Program

677 railroads

44 reviews/Analyses

40 hours

1,760

—Report of Findings by RR to FRA

677 railroads

36 reports

4 hours

144

242.301—Determinations—Territorial Qualification and Joint Operations

320 railroads

1,080 Deter.

15 minutes

270

—Notification by Persons Who Do Not Meet Territorial Qualification

320 railroads

500 Notific.

10 minutes

83

242.401—Notification to Candidate of Information That Forms Basis for Denying Certification and Candidate Response

677 railroads

40 notific. + 40 responses

60 minutes/60 minutes

80

—Written Notification of Denial of Certification

677 railroads

40 notific.

60 minutes

40

242.403/405—Criteria for Revoking Certification; Periods of Ineligibility:

—Review of Compliance Conduct

677 railroads

950 reviews

10 minutes

158

—Written Determination That the Most Recent Incident Has Occurred

677 railroads

950 determin.

60 minutes

950

242.407—Process for Revoking Certification:

—Revocation for Violations of Section 242.115(e)

677 railroads

950 Revoked Certificates

8 hours

7,600

—Immediate Suspension of Certificate

677 railroads

950 suspend Certificates

1 hour

950

—Determinations Based on RR Hearing Record

677 railroads

950 determin.

15 minutes

238

—Hearing Record

677 railroads

950 records

30 minutes

475

—Written Decisions by RR Official

677 railroads

950 decisions

2 hours

1,900

—Service of Written Decision on Employee by RR + RR Service Proof

677 railroads

950 decisions + 950 proofs

10 minutes + 5 minutes

238

—Written Waiver of Right to Hearing

54,000 Conductors

425 waivers

10 minutes

71

—Revocation of Certification Based on Information That Another Railroad Has Done So

677 railroads

15 revoked Certifications

10 minutes

3

—Placing Relevant Information in Record Prior to Suspending Certification/Convening Hearing

677 railroads

100 updated records

1 hour

100

Total Estimated Responses:

354,076.

Total Estimated Total Annual Burden:

3,972,997 hours.

Status:

Extension of a Currently Approved Collection.

Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), 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 unless it displays a currently valid OMB control number.

Authority:

44 U.S.C. 3501-3520.

Issued in Washington, DC, on August 28, 2014.

Rebecca Pennington,

Chief Financial Officer.

[FR Doc. 2014-20911 Filed 9-2-14; 8:45 am]

BILLING CODE 4910-06-P