Proposed Agency Information Collection Activities; Comment Request

Federal RegisterJul 30, 2019

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-11]

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, this notice announces that FRA is forwarding the Information Collection Requests (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the information collections and their expected burden. On May 30, 2019, FRA published a notice providing a 60-day period for public comment on the ICRs.

DATES:

Interested persons are invited to submit comments on or before August 29, 2019.

ADDRESSES:

Submit written comments on the ICRs to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be sent via email to OMB at the following address:

oira_submissions@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-497, Washington, DC 20590 (telephone: (202) 493-6292); or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W34-212, 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 issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages.

See

44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On May 30, 2019, FRA published a 60-day notice in the

Federal Register

soliciting comment on the ICRs for which it is now seeking OMB approval.

See

84 FR 25110. FRA

received no comments in response to this notice.

Before OMB decides whether to approve these proposed collections of information, it must provide 30-days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d);

see also

60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.

Comments are invited on the following ICRs regarding:

(1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information 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 to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.

The summaries below describe the ICRs that FRA will submit for OMB clearance as the PRA requires:

Title:

Designation of Qualified Persons.

OMB Control Number:

2130-0511.

Abstract:

The collection of information is used to prevent the unsafe movement of defective freight cars. Railroads are required to inspect freight cars for compliance and to determine restrictions on the movements of defective cars; qualified inspectors are necessary to perform this task.

Type of Request:

Extension without change of a currently approved collection.

Affected Public:

Businesses.

Form(s):

N/A.

Respondent Universe:

692 Railroads.

Frequency of Submission:

On occasion.

Total Estimated Annual Responses:

1,200.

Total Estimated Annual Burden:

40 hours.

Total Estimated Annual Dollar Cost Equivalent:

$3,080.

Title:

Qualification and Certification of Locomotive Engineers.

OMB Control Number:

2130-0533.

Abstract:

Section 4 of the Rail Safety Improvement Act of 1988 (RSIA), Public Law 100-342, 102 Stat. 624 (June 22, 1988), later amended and re-codified by Public Law 103-272, 108 Stat. 874 (July 5, 1994), required FRA to issue regulations to establish any necessary program for certifying or licensing locomotive engineers. The collection of information is used by FRA to ensure that railroads employ and properly train qualified individuals as locomotive engineers and designated supervisors of locomotive engineers. The collection of information is also used by FRA to verify that railroads have established required certification programs for locomotive engineers and that these programs fully conform to the standards specified in the regulation.

Type of Request:

Extension with change (revised estimates) of a currently approved collection.

Affected Public:

Businesses.

Form(s):

N/A.

Respondent Universe:

741 Railroads.

Frequency of Submission:

On occasion; annually; triennially.

Reporting Burden:

After an internal agency review, FRA updated the PRA estimates.

Throughout the tables in this document, the dollar equivalent cost is derived from the Surface Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes 75 percent overhead charges.

CFR section

Respondent universe

Total annual responses

Average time

per response

Total annual

burden hours

Total annual

dollar cost

equivalent

240.9—Waivers

741 railroads

2 waiver petitions

1 hour

$152

240.101/103—Cert. Prog: Amendments

741 railroads

25 amendments

5 minutes

152

—Cert. Prog.—New

5 railroads

5 programs

1 hour

380

—Final Review

5 railroads

5 reviews

1 hour

385

—Material Modification to Program

741 railroads

10 modified programs

10 minutes

152

240.105(b)-(c) Written Reports/Determinations of DSLE Performance Skills

10 railroads

10 reports

30 minutes

575

240.109/App. C—Prior Safety Conduct Data

17,667 candidates

25 responses

5 minutes

116

240.111/App C—Driver's License Data

17,667 candidates

17,667 requests

10 minutes

2,945

223,820

—NDR Match—notifications and requests for data

741 railroads

177 notices + 177 requests

5 min. + 5 min

2,010

—Written response from candidate on driver's license data

741 railroads

20 cases/comments

10 minutes

174

240.111(g)—Notice to RR of Absence of License

53,000 candidates

4 letters

5 minutes

240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op

741 railroads

100 communications

5 minutes

464

240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR

17,667 candidates

353 requests + 353 responses

5 min. + 5 min

4,130

240.119—Self-referral to EAP re: Active substance abuse disorder

53,000 locomotive engineers

150 self-referrals

5 minutes

754

240.121—Criteria—Vision/Hearing Acuity Data—New Railroads

5 railroads

5 copies

5 minutes

240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification

741 railroads

5 reports

5 minutes

240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards—Notice by Employee

741 railroads

10 notifications

15 minutes

174

240.201/221—List of Qualified DSLEs

741 railroads

741 updates

5 minutes

4,712

240.201/221—List of Qualified Loco. Engineers

741 railroads

741 updated lists

5 minutes

4,712

240.201/223/301—Loco. Engineers Certificate

53,000 candidates

17,667 certificates

5 minutes

1,472

111,872

—False entry on certificates

N/A

240.207—Medical certificate showing hearing/vision standards are met: Written determinations waiving use of corrective device

53,000 candidates

741 railroads

17,667 certificates

30 determinations

30 minutes

5 minutes

8,834

1,015,910

345

240.219—Denial of Certification

17,667 candidates

30 letters + 30 responses

30 minutes

2,280

240.227—Canadian Certification Data

N/A

240.229—Joint Operations—Notice—not qualified

321 railroads

184 employee calls

5 minutes

870

240.309—RR Oversight Resp.: Detected poor safety conduct—annotation

15 railroads

6 annotations

15 minutes

116

Recordkeeping:

240.205—Data to EAP Counselor

741 railroads

177 records

5 minutes

1,725

240.209/213—Written Tests Records

53,000 candidates

17,667 test records

1 minutes

294

22,334

240.211/213—Performance Test Records

53,000 candidates

17,667 test records

1 minutes

294

22,334

240.215—Retaining info. supporting determination

741 railroads

17,667 records

5 minutes

1,472

111,872

240.303—Annual operational monitor observation records

53,000 candidates

53,000 test records

1 minutes

883

67,108

240.303—Annual operating rules compliance test records

53,000 candidates

53,000 test records

1 minutes

883

67,108

240.305—Engineer's notice of non-qualification to RR

53,000 engineers or candidates

100 notifications

5 minutes

464

—Relaying certification denial or revocation Status to other certifying railroad

1,060 engineers

2 letters

15 minutes

1 hour

240.307—Notice to engineer of disqualification

741 railroads

1,100 letters

1 hour

1,100

73,700

240.309—Railroad annual review

51 railroads

51 reviews

153

11,628

Total

741 railroads

217,059 responses

N/A

18,668

1,752,700

Total Estimated Annual Responses:

216,630.

Total Estimated Annual Burden:

18,668.

Total Estimated Annual Dollar Cost Equivalent:

$1,752,700.

Title:

Roadway Worker Protection.

OMB Control Number:

2130-0539.

Abstract:

On June 10, 2016, FRA amended its Roadway Worker Protection (RWP) regulation (

see

81 FR 37840) to resolve interpretative issues that had arisen since the original 1996 promulgation of that rule. In particular, this final rule adopted certain terms, resolved miscellaneous interpretive issues, codified certain FRA Technical Bulletins, adopted new requirements governing redundant signal protections and the movement of roadway maintenance machinery over signalized non-controlled track, and amended certain qualification requirements for roadway workers. This final rule also deleted three outdated incorporations by reference of industry standards in FRA's Bridge Worker Safety Standards, and cross referenced the Occupational Safety and Health Administration's regulations on the same point.

Under the information collection associated with the RWP rule (49 CFR part 214), FRA collects a variety of information. To ensure compliance with the rule's requirements, FRA collects data on affected railroads' on-track safety programs to determine that railroads have policies, procedures, and practices in place that protect roadway workers from dangers in their work environment. Railroads are required to provide on-track safety manuals to all roadway workers that they can readily consult to determine what on-track safety procedures are required for their work assignment. Under the regulation, railroads are required to provide initial and recurrent training to roadway workers on their on-track safety program. This includes training for roadway workers who work where on-track safety for adjacent controlled tracks is required, and the appropriate practices and procedures they must follow. FRA collects data from railroads on training through the records that they are required to keep. Additionally, FRA collects information on violations of workplace safety regulations on Form FRA F 6180.119. FRA uses violation information to support actions that will reduce or eliminate hazards to railroad workers. Specifically, FRA uses the information that it collects under this regulation to monitor and enforce requirements relating to the safety of roadway workers and ensure that railroads fulfill their responsibilities to keep roadway workers secure and free from unnecessary and avoidable hazards.

Type of Request:

Extension with change (revised estimates) of a currently approved collection.

Affected Public:

Businesses/50,000 Roadway Workers/State Safety Inspectors.

Form(s):

FRA F 6180.119.

Respondent Universe:

741 Railroads.

Frequency of Submission:

On occasion.

Reporting Burden

After an internal agency review, FRA updated the PRA estimates.

CFR section

Respondent universe

Total annual responses

Average time

per response

Total annual

burden hours

Total annual

dollar cost

equivalent

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

350 Safety Inspectors

129 forms

4 hours

516

$29,412

214.307—Railroad On-Track Safety Programs—RR Programs that comply with this Part + copies at System/Division Headquarters

741 Railroads

276 programs + 325 copies

2 hours + 2 minutes

563

42,788

—RR Notification to FRA not less than one month before on-track safety program takes effect

741 Railroads

276 notices

20 minutes

6,992

—RR Amended on-track safety programs after FRA disapproval

741 Railroads

1 program

4 hours

304

—RR Written response in support of disapproved program

741 Railroads

1 written response

20 hours

1,520

214.309—On-Track Safety Manual—RR Provisions for alternative access to information in on-track safety manual

741 Railroads

741 provisions

60 minutes

741

56,316

—RR Publication of bulletins/notices reflecting changes in on-track safety manual

60 Railroads

100 bulletins/notices

60 minutes

100

7,600

214.311—RR Written procedure to achieve prompt and equitable resolution of good faith employee challenges

19 Railroads

5 developed procedures

2 hours

760

214.317—On-Track Safety Procedures, generally, for snow removal, and weed spray equipment, tunnel niche or clearing by

19 Railroads

5 operating procedures

2 hours

760

214.318—Procedures established by railroads for workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling equipment

741 Railroads

19 rules/procedures

2 hours

2,888

214.320—Roadway Maintenance Machines Movement over signalized non-controlled track—RR request to FRA for equivalent level of protection to that provided by limiting all train and locomotive movements to restricted speed

741 Railroads

5 requests

4 hours

1,520

214.322—Exclusive Track Occupancy, Electronic Display—Written Authorities/Printed Authority Copy If Electronic Display Fails or Malfunctions

3 Class I Railroads

1,000 written authorities

10 minutes

167

9,519

214.329—Train Approach Warning—Written Designation of Watchmen/Lookouts

741 Railroads

26,250 written designations

30 seconds

219

16,644

214.336—Procedures for adjacent track movements over 25 mph: Notifications/watchmen/lookout warnings

100 Railroads

10,000 notices

5 seconds

798

—Procedures for adjacent track movements 25 mph or less: Notifications/watchmen/lookout warnings

100 Railroads

3,000 notices

5 seconds

228

214.339—Audible warning from trains: Written procedures that prescribe effective requirements for audible warning by horn and/or bell for trains

19 Railroads

19 written procedures

4 hours

5,776

214.343/345/347/349/351/353/355—Annual training for all roadway workers (RWs)—Records of training

50,000 roadway workers

50,000 records

2 minutes

1,667

126,692

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

50,000 roadway workers

125 notices

10 minutes

1,197

—Resolution Procedures

19 railroads

5 procedures

2 hours

760

214.505—Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs

741 Railroads/200 contractors

500 lists

1 hour

500

38,000

—Designations/additions to list