Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-8]

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) abstracted 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 October 17, 2022.

ADDRESSES:

Written comments and recommendations for the proposed ICR should be submitted on

regulations.gov

to the docket, Docket No. FRA-2021-0006. All comments received will be posted without change to the docket, including any personal information provided. 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:

Ms. Hodan Wells, Information Collection Clearance Officer, at email:

Hodan.Wells@dot.gov

or telephone: (202) 868-9412.

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 regulations mandate. In summary, FRA reasons that 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:

Railroad Operating Rules.

OMB Control Number:

2130-0035.

Abstract:

On July 24, 2019, FRA published in the

Federal Register

a notice of proposed rulemaking (NPRM) proposing inward- and outward-facing image recording devices be required on all lead passenger train locomotives as required by the Fixing America's Surface Transportation Act (FAST Act).

1

1

84 FR 35712.

Specifically, FRA proposed requiring passenger railroads to notate under the REMARKS section of Form F 6180-49A

2

(Locomotive Inspection and Repair Record) on each lead locomotive in commuter or intercity rail passenger service: (1) the presence of any image or audio recording system; and (2) the date when a locomotive image recording device has been removed from service. For convenience to the railroad industry and to avoid confusion as to the application of locomotives recording device requirements, FRA would create a new form for use by passenger railroads, Form F 6180-49AP (Passenger Locomotive Inspection and Repair Record), to record this information.

2

Covered under OMB Control Number 2130-0004.

Form F 6180-49AP would essentially be the same as existing Form F 6180-49A, and all information required to be entered on existing Form F 6180-49A would also be included on Form F 6180-49AP. In fact, the only substantive difference between the two forms, aside from adding “Passenger” to the form's title, would be the inclusion of an additional, designated row for entering information about the testing of locomotive image recording devices proposed under § 229.136 in the July 2019 NPRM. This new form would in no way affect use of the existing F 6180-49A form for locomotives in freight or switching service, which account for the vast majority of locomotives in the United States and are not subject to the requirements of this rule. Nor would it affect use of the F 6180-49A form by non-lead locomotives used in commuter or intercity passenger service. It would also conserve valuable space on the existing F 6180-49A form.

Because the proposed F 6180-49AP form was not discussed in the NPRM, FRA is soliciting additional public comment specific to this form.

Type of Request:

Revision.

Affected Public:

Businesses.

Form(s):

N/A.

Respondent Universe:

765 railroads.

Frequency of Submission:

On occasion.

Reporting Burden:

CFR section

3

Respondent universe

Total annual

responses

Average time

per responses

Total annual

burden hours

Total cost

equivalent

4

217.7(a)—Operating rules; filing and recordkeeping—Filing of code of operating rules, timetables, and timetable special instructions by Class I, Class II, Amtrak, and commuter railroads with FRA

2 new railroads

2 documents

1 hour

2

$154

—(b) Amendments to code of operating rules, timetables, and timetable special instructions by Class I, Class II, Amtrak, and commuter railroads with FRA

53 railroads

312 revised documents

20 minutes

104

8,008

—(c) Class III and other railroads—Copy of code of operating rules, timetables, and timetable special instructions at system headquarters

2 new railroads

2 documents

1 hour

2

154

—(c) Class III and other railroads—Amendments to code of operating rules, timetables, and timetable special instructions at system headquarters

714 railroads

1,596 amendments

15 minutes

399

30,723

217.9(b)(2)—Program of operational tests and inspections; recordkeeping—Written records documenting qualification of each railroad testing officer

765 railroads

4,732 records

2 minutes

158

12,166

—(b)(3) Development and adoption of procedure ensuring random selection of employees by railroads utilizing inward-facing locomotive and in-cab audio recordings to conduct operational tests and inspections (New requirement)

36 railroads

12 adopted procedures

24 hours

288

33,120

—(c) Written program of operational tests and inspections

2 new railroads

2 programs

10 hours

20

2,400

—(d)(1) Records of operational tests/inspections

765 railroads

9,120,000 test records and updates

5 minutes

760,000

58,520,000

—(d)(2) Railroad copy of current program operational tests/inspections—Amendments

53 railroads

159 program revisions

70 minutes

186

14,322

—(e)(1)(i) Written quarterly review of operational tests/inspections by RRs other than passenger RRs

8 (Amtrak + 7 Class I) railroads

32 reviews

2 hours

64

4,928

—(e)(1)(ii) 6-month review of operational tests/inspections/naming of officer

7 Class I railroads

14 reviews

2 hours

28

2,156

—(e)(2) 6-month review by passenger railroads designated officers of operational testing and inspection data

35 (Amtrak + 34 passenger) railroads

70 reviews

2 hours

140

10,780

—(e)(3) Records of periodic reviews

50 railroads

116 records

1 minute

2

154

—(f)-(g) Annual summary of operational tests and inspections

50 railroads

71 summary records

1 hour

71

5,467

—(h)(1)(i) RR amended program of operational tests/inspections

765 railroads

6 revised programs

30 minutes

3

231

—(h)(1)(ii) FRA disapproval of RR program of operational tests/inspections and RR written response in support of program

765 railroads

6 supporting documents

1 hour

6

462

217.11(a)—RR periodic instruction of employees on operating rules—New railroads

2 new railroads

2 written programs

8 hours

16

1,232

217.11(b)—RR copy of amendment of program for periodic instruction of employees

765 railroads

110 modified written programs

30 minutes

55

4,235

218.95(a)(5)-(b)—Instruction, training, examination—Employee records

765 railroads

85,600 employees' records

1 minute

1,427

109,879

—(c)(1)(i) Amended RR program of instruction, testing, examination

765 railroads

5 amended programs

30 minutes

3

231

218.97(b)(4)—RR copy of good faith challenge procedures

765 railroads

4,732 copies to new employees

6 minutes

473

36,421

218.97(c)(1) and (c)(4)—RR employee good faith challenge of RR directive

10 workers

10 gd. faith challenges

15 minutes

3

231

—(c)(5) RR resolution of employee good faith challenge

2 new railroads

5 responses

15 minutes

1

77

—(d)(1) RR officer immediate review of unresolved good faith challenge

2 new railroads

3 reviews

30 minutes

2

154

—(d)(2) RR officer explanation to employee that Federal law may protect against employer retaliation for refusal to carry out work if employee refusal is a lawful, good faith act

2 new railroads

3 answers

15 minutes

1

77

—(d)(3) Employee written/electronic protest of employer final decision

2 new railroads

3 written protests

15 minutes

1

77

—(d)(3) Employee copy of protest

2 new railroads

3 copies

1 minute

0.1

8

—(d)(4) Employer further review of good faith challenge after employee written request

2 new railroads

2 further reviews

15 minutes

0.5

39

—(d)(4) RR verification decision to employee in writing

2 new railroads

2 decisions

15 minutes

0.5

39

—(e) Recordkeeping and record retention—Employer's copy of written procedures at division headquarters

765 railroads

765 copies

5 minutes

64

4,928

218.99(a)—Shoving or pushing movement—RR operating rule complying with section's requirements

2 new railroads

2 rule modifications

1 hour

2

154

218.101(a)-(c)—Leaving equipment in the clear—Operating rule that complies with this section

2 new railroads

2 rule modifications

30 minutes

1

77

218.103(a)(1)—Hand-Operated Switches—Operating Rule that Complies with this section

2 new railroads

2 rule modifications

30 minutes

1

77

229.22—Locomotive image recording systems—Form FRA F 6180-49AP (New requirements)

5

36 railroads

4,500 passenger locomotives

15 minutes

1,125

86,625

229.136(f)(1)—Passenger railroads adoption and development of chain of custody (c of c) procedures (New requirements)

36 railroads

12 c of c procedures

48 hours

576

44,352

—(f)(2)-(3) Passenger railroad preservation of accident/incident data of image and audio recording system from locomotive using such system at time of accident/incident (includes voluntary freight railroads & restates previous requirement under section 229.135(e)) (New requirements)

36 railroads

140 saved recordings

10 minutes

23

1,771

—(g) Locomotive image recording system approval process—Description of technical aspects any locomotive image recording system to FRA for approval (New requirements)

36 railroads

12 descriptions/plans

20 hours

240

18,480

Total

765 railroads

9,223,047 responses

N/A

765,488

58,954,389

3

FRA anticipates that no procedures will be disapproved under § 217.9(b)(4). Additionally, the burdens associated under § 299.449 and appendix A to part 299 have been accounted for under the burden associated with § 229.136(f) and (g).

4

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.

5

The burdens for §§ 229.21, 229.136(a)(3), (e)(2), and 229.139(i) are covered under § 229.22.

Total Estimated Annual Responses:

9,223,047.

Total Estimated Annual Burden:

765,488 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent:

$58,954,389.

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.

Brett A. Jortland,

Deputy Chief Counsel.

[FR Doc. 2022-17731 Filed 8-17-22; 8:45 am]

BILLING CODE 4910-06-P