Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-23]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), U.S. Department of Transportation.

ACTION:

Notice and request for comments.

SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks renewed approval of the proposed information collection activities listed below. Before submitting these information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

DATES:

Comments must be received no later than December 11, 2017.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue 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 2130-0571” or “Comments on OMB Control Number 2130-0596,” and should also include the title of the collection of information. Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-6497, or emailed to Mr. Brogan at

Robert.Brogan@dot.gov,

or 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, Information Collection Clearance Officer, Office of Railroad Safety, Safety Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132).

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 to implement them.

See

44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). FRA invites interested respondents to comment on the following summary of proposed information collection activities 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 by automated, electronic, mechanical, or other technological collection techniques and other forms of information technology (

e.g.,

permitting electronic submission of responses).

See

44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1).

FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations mandate. In summary, FRA reasons that comments received will advance three objectives: (1) Reduce

reporting burdens; (2) ensure that it organizes 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.

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

Title:

Occupational Noise Exposure for Railroad Operating Employees.

OMB Control Number:

2130-0571.

Abstract:

FRA uses the collection of information to ensure railroads covered by this rule establish and implement noise monitoring, hearing conservation, and audiometric testing programs. This collection also includes hearing conservation training programs that protect railroad employees from the damaging and potentially dangerous effects of excessive noise in the everyday rail environment.

Form Number(s):

N/A.

Affected Public:

Businesses.

Respondent Universe:

755 railroads.

Frequency of Submission:

On occasion.

Affected Public:

Businesses (Railroads, railroads equipment manufacturers).

Reporting Burden:

CFR section

Respondent universe

Total annual

responses

Average time per

response

Total annual burden hours

227.13—Waivers

502 railroads

2 petitions

60 minutes

2 hours.

227.103—Noise monitoring program: development and implementation

502 railroads

5 programs

30 hours

150 hours.

—Notification of employee of monitoring

502 railroads

5 lists

30 minutes

3 hours.

227.107—Hearing Conservation Program (HCP)—Development of programs

502 railroads

5 HCPs

31 hours

155 hours.

—Revised hearing conservation programs (HCPs)

502 railroads

5 HCPs

1.75 hours

9 hours.

227.109—Audiometric Testing Program—Existing employees—baseline audiograms

85,600 employees

7,704 tests

25 minutes

3,210 hours.

—Periodic audiograms

85,600 employees

28,530 tests

10 minutes

4,755 hours.

—Evaluation of audiograms

85,600 employees

2,330 ratings + 93 retests

6 min./+ 30 min.

280 hours.

—Problem audiograms/& provision of required documents to medical professional

8,000 employees

45 documents

10 minutes

8 hours.

—Follow-up procedures—notifications

8,000 employees

93 notices

5 minutes

8 hours.

—Fitting/training of employees: hearing protectors

240 employees

240 tr. session

5 minutes

20 hours.

—Referrals for clinical/otological exam

240 employees

20 referrals

2 hours

40 hours.

—Notification to employee of need for otological examination

240 employees

20 notices

5 minutes

2 hours.

—New audiometric interpretation

240 employees

20 notices

5 minutes

2 hours.

227.111—Audiometric test requirements

1,000 mobile vans

1,000 tests

45 minutes

750 hours.

227.117—Hearing protection attenuation—evaluation

502 railroads

50 evaluations

30 minutes

25 hours.

—Re-evaluations of adequacy of hearing protection attenuation when employee noise exposure increases

502 railroads

10 re-evaluations

30 minutes

5 hours.

227.119—Hearing Conservation Training Program—development

502 railroads

5 programs

60 minutes

5 hours.

—Employee HCP Training

502 railroads

26,000 tr. employees

30 minutes

13,000 hours.

—Periodic Training

502 railroads

7,704 tr. employees

30 minutes

3,852 hours.

227.121—Recordkeeping—authorization: records

502 railroads

30 requests + 30 responses

10 minutes + 15 minutes

13 hours.

—Request for copies of reports

502 railroads

150 requests + 150 responses

21 minutes + 45 minutes

166 hours.

—Records transfer when carrier becomes defunct

502 railroads

10 records

24 minutes

4 hours.

—Railroad audiometric test records

502 railroads

26,000 records

2 minutes

867 hours.

—Hearing Conservation Program (HCP): Records

502 railroads

54,000 records

45 seconds

675 hours.

229.121—Locomotive Cab Noise—tests/records and certification

3 equipment manufacturers

610 records + 90 certs

5 minutes + 40 minutes

111 hours.

—Equipment maintenance: excessive noise reports

484 railroads

3,000 reports + 3,000 record

1 minute + 1 minute

100 hours.

—Maintenance records

484 railroads

3,750 records

1 minute

63 hours.

—Internal auditable monitoring systems

484 railroads

22 systems + 2 systems

36 min. + 8.25 hours

30 hours.

Appendix H—Static test protocols/records

700 locomotives

2 retests + 2 records

10 minutes + 5 minutes

1 hour.

Total Estimated Annual Responses:

164,734.

Total Estimated Annual Burden:

28,311 hours.

Type of Request:

Extension of a Currently Approved Collection.

Title:

Conductor Certification.

OMB Control Number:

2130-0596.

Abstract:

FRA's conductor certification regulation (49 CFR part 242) requires railroads to have a formal program for certifying conductors. As part of that program, railroads are required to have a formal process for training prospective conductors and determining that all persons are competent before permitting them to serve as a conductor. FRA intended the regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors. FRA collects information to ensure that railroads and their employees fully comply with all the requirements of part 242, including a conductor certification/recertification program, fitness requirements, initial and periodic testing of conductors, territorial qualifications, etc.

Form Number(s):

N/A.

Affected Public:

Businesses.

Respondent Universe:

704 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

704 railroads

3 petitions

3 hours

9 hours.

242.101/103—Certification programs for new railroads

704 railroads

5 new programs

15.5 hours

78 hours.

—Conductor certification submission: Copies to rail labor organizations—RLO

704 railroads

40 copies

15 minutes

10 hours.

—Affirmative statements that copies of submissions were sent to RLOs

704 railroads

40 avowals

15 minutes

10 hours.

—Certified comments on submissions

704 railroads

15 comments

4 hours

60 hours.

—Certification programs disapproved by FRA and then revised

704 railroads

10 programs

3 hours

30 hours.

—Revised certification programs still not conforming and then resubmitted

704 railroads

3 programs

2 hours

6 hours.

—Certification programs materially modified after initial FRA approval

704 railroads

15 programs

2 hours

30 hours.

—Materially modified programs disapproved by FRA & then revised

704 railroads

3 programs

2 hours

6 hours.

—Revised programs disapproved and then re-submitted

704 railroads

1 program

2 hours

2 hours.

242.105—Implementation Schedule

—Issued certificates (

1/3

each year)

704 railroads

16,200 certif

30 minutes

8,100 hours.

—Issued certificates (

1/3

each year)

704 railroads

1,800 certif.

30 minutes

900 hours.

—Requests for delayed certification

704 railroads

200 requests

30 minutes

100 hours.

—Testing/evaluation to certify persons

704 railroads

1,000 tests

560 hours

560,000 hours.

—Testing/evaluation to certify conductors (Class III)

704 railroads

100 tests

400 hours

40,000 hours.

242.107—Types of service

—Reclassification to diff. type of cert

704 railroads

25 conductor tests/ratings

8 hours

200 hours.

242.109—Opportunity by RRs for certification candidates to review and comment on prior safety record

704 Railroads

200 records + 200 comment

30 minutes + 10 minutes

133 hours.

242.111—Prior Safety Conduct as Motor Vehicle Operator

—Eligibility determinations

704 Railroads

1,100 ratings

10 minutes

183 hours.

—Initial certification for 60 days

704 Railroads

75 certif

10 minutes

13 hours.

—Recertification for 60 days

704 Railroads

125 re-certif

10 minutes

21 hours.

—Driver info. not provided and request for waiver by persons/railroad

704 Railroads

5 requests

2 hours

10 hours.

—Request to obtain driver's license information from licensing agency

54,000 Conductors/Persons

18,000 requests

15 minutes

4,500 hours.

—Requests for additional information from licensing agency

54,000 Conductors/Persons

25 requests

10 minutes

4 hours.

—Notification to RR by persons of never having a license

54,000 Conductors/Persons

25 notices

10 minutes

4 hours.

—Report of Motor Vehicle Incidents

54,000 Conductors

200 reports

10 minutes

33 hours.

—Evaluation of driving record

54,000 Conductors

18,000 rating

15 minutes

4,500 hours.

—DAC referral by RR after report of driving drug/alcohol incident

704 Railroads

180 referrals

5 minutes

15 hours.

—DAC request and supply by persons of prior counseling or treatment

704 Railroads

5 requests/records

30 minutes

3 hours.

—Conditional certifications recommended by DAC

704 Railroads

50 certificate endorsements

4 hours

200 hours.

242.113—Prior safety conduct as employee of a different railroad

54,000 conductors

360 requests/360 records

15 minutes + 30 minutes

270 hours.

242.115—Determination that person meets eligibility requirements

54,000 conductors

18,000 determination

2 minutes

600 hours.

—Written documents from DAC that person is not affected by a disorder

54,000 conductors

400 docs

30 minutes

200 hours.

—Self-referral by conductors for substance abuse counseling

704 railroads

30 self-referrals

10 minutes

5 hours.

—Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors

704 railroads

18,000 cert. reviews

10 minutes

3,000 hours.

—Written determination that most recent incident has occurred

704 railroads

150 decision.

60 minutes

150 hours.

—Notification to person that recertification has been denied

704 railroads

300 notices

10 minutes

50 hours.

—Persons/conductors waiving investigation/de-certifications

54,000 conductors

300 waivers/de-certs

10 minutes

50 hours.

242.117—Vision and Hearing Acuity

—Determination vision standards met

704 railroads

18,000 deter

20 minutes

6,000 hours.

—Determination hearing standards met

704 railroads

18,000 deter

20 minutes

6,000 hours.

—Additional gap hearing tests

704 railroads

200 deter

20 minutes

67 hours.

—Medical examiner certificate that person has been examined/passed test

704 railroads

18,000 certif

2 hours

36,000 hours.

—Document standards met with conditions

704 railroads

100 docs

30 minutes

50 hours.

—Document standards not met

704 railroads

100 docs

30 minutes

50 hours.

—Notation person needs corrective device (glasses/hearing aid)

704 railroads

10,000 notes

10 minutes

1,667 hours.

—Request for further medical evaluation for new determination

704 railroads

100 requests + 100 ratings

60 minutes + 2 hours

300 hours.

—Request for second retest and another medical evaluation

704 railroads

25 requests + 25 ratings

60 minutes + 2 hours

75 hours.

—Consultations by medical examiners with railroad officer and issue of conditional certification

704 railroads

100 consults + 100 certif

2 hours + 10 minutes

217 hours.

—Notification by certified conductor of deterioration of vision/hearing

704 railroads

10 notices

10 minutes

2 hours.

242.119—Training

—New RRs—Training program

5 railroads

5 programs

3 hours

15 hours.

—Modification to training program

704 railroads

5 program

30 minutes

3 hours.

—Completion of training program by conductors/persons—documents

704 railroads

100 docs

60 minutes

100 hours.

—Conductor refresher training

704 railroads

100 retrained conductors

2 hours

200 hours.

—Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment

704 railroads

24 modified programs

4 hours

96 hours.

—Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics of any assigned territory

704 railroads

1,000 consult

15 minutes

250 hours.

—Familiarization training for conductor of acquiring railroad from selling company/railroad prior to commencement of new operation

704 railroads

10 trained conductors

8 hours

80 hours.

—RR Continuous education/training of conductors

704 railroads

18,000 tr. Conductors

8 hours

144,000 hours.

242.121—Knowledge Testing

—Determining eligibility

704 railroads

18,000 deter

30 minutes

9,000 hours.

—Retests/re-examinations

704 railroads

500 re-tests

8 hours

4,000 hours.

242.123—Monitoring Operational Performance

—Unannounced compliance tests and records

704 railroads

18,000 tests + 18,000 records

10 minutes + 5 minutes

4,500 hours.

—Return to service that requires unannounced compliance test/record

704 railroads

1,000 tests + 1,000 records

10 minutes + 5 minutes

250 hours.

242.125/127—Determination made by RR relying on another railroad's certification

704 railroads

100 decisions

30 minutes

50 hours.

—Determination by Another Country

704 railroads

100 decisions

30 minutes

50 hours.

242.203—Retaining information supporting determination: Records

704 railroads

18,000 records

15 minutes

4,500 hours.

—Amended electronic records

704 railroads

20 records

60 minutes

20 hours.

242.209—Maintenance of Certificates

—Request to display certificate

704 railroads

2,000 request/displays

2 minutes

67 hours.

—Notification by conductors that RR request to serve exceeds certification

704 railroads

1,000 notices

10 minutes

167 hours.

242.211—Replacement of certificates

704 railroads

500 replaced certifications

5 minutes

42 hours.

242.213—Multiple Certificates

—Notification to engineer that no conductor is on train

704 railroads

5 notifications

10 minutes

1 hour.

—Notification of denial of certification by individuals holding multiple certifications

704 railroads

10 notices

10 minutes

2 hours.

242.215—RR Oversight Responsibility

—RR review and analysis of administration of certification program

704 railroads

44 reviews/analyses

40 hours

1,760 hours.

—Report of findings by RR to FRA

704 railroads

36 reports

4 hours

144 hours.

242.301—Determinations—Territorial qualification and joint operations

320 railroads

1,080 deter

15 minutes

270 hours.

—Notification by persons who do not meet territorial qualification

320 railroads

500 notices

10 minutes

83 hours.

242.401—Notification to candidate of information that forms basis for denying certification and candidate response

704 railroads

40 notices + 40 responses

60 minutes/60 minutes

80 hours.

—Written notification of denial of certification

704 railroads

80 notices

60 minutes

80 hours.

242.403/405—Criteria for revoking certification; periods of ineligibility

—Review of compliance conduct

704 railroads

950 reviews

10 minutes

158 hours.

—Written determination that the most recent incident has occurred

704 railroads

950 written determination

60 minutes

950 hours.

242.407—Process for Revoking Certification

—Revocation for violations of section 242.115(e)

704 railroads

950 revoked certificates

8 hours

7,600 hours.

—Immediate suspension of certificate

704 railroads

950 suspend certificates

1 hour

950 hours.

—Determinations based on RR hearing record

704 railroads

950 decisions

15 minutes

238 hours.

—Hearing record

704 railroads

950 records

30 minutes

475 hours.

—Written decisions by RR official

704 railroads

950 decisions

2 hours

1,900 hours.

—Service of written decision on employee by RR + RR service proof

704 railroads

950 decisions + 950 proofs

10 minutes + 5 minutes

238 hours.

—Written waiver of right to hearing

54,000 Conductors

425 waivers

10 minutes

71 hours.

—Revocation of certification based on information that another railroad has done so

704 railroads

15 revoked certifications

10 minutes

3 hours.

—Placing relevant information in record prior to suspending certification/convening hearing

704 railroads

100 updated Records

1 hour

100 hours.

Total Estimated Responses:

268,799.

Total Estimated Total Annual Burden:

856,406 hours.

Type of Request:

Extension of a Currently Approved Collection.

Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that 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.

Brett Jortland,

Acting Deputy Chief Counsel.

[FR Doc. 2017-22044 Filed 10-11-17; 8:45 am]

BILLING CODE 4910-06-P