Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2024-0011]

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-2024-0011. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0571) 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:

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 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:

Occupational Noise Exposure for Railroad Operating Employees.

OMB Control Number:

2130-0571.

Abstract:

Title 49 CFR part 227 contains requirements for occupational noise exposure. FRA uses the collection of information to ensure that railroads covered by this rule establish and implement noise monitoring, hearing conservation, and audiometric testing programs to protect their employees against the harmful effects of excessive noise in the workplace.

Additionally, railroads must maintain testing and training records on noise and hearing conservation. Further, railroads must make exposure measurement records for specific locations available to regional or national labor representatives upon request.

In this 60-day notice, FRA has made minor adjustments to correct rounding from the previous submission, resulting in a decrease in burden of 6 hours. The estimated paperwork burden for this submission is 3,974 hours.

1

The total respondent universe is taken from the 2022 railroad classification data. The total of 531 represents all Class I, II and III (751) less the small railroads such as tourist, steam, historic, and excursion (220).

2

Throughout the tables in this document, the dollar equivalent cost is derived from the 2022 Surface Transportation Board Full Year Wage A & B data series using the appropriate employee group to calculate the average hourly rate that includes 75 percent overhead.

Type of Request:

Extension without change (with changes in estimates) of a currently approved information collection.

Affected Public:

Businesses (Railroads, railroads equipment manufacturers).

Form(s):

N/A.

Respondent Universe:

531 railroads.

Frequency of Submission:

On occasion.

Reporting Burden

CFR section

Respondent universe

1

Total annual

responses

Average time per

response

Total annual burden hours

Wage Rate

2

Total cost equivalent in U.S. dollars

(A)

(B)

(C = A * B)

(E)

(D = C * E)

227.13—Waivers

531 railroads

0.30 petitions (1 petition over 3-year period

1.00 hour

0.30 hours

$85.93

$25.78

227.103(a)-(f)—Noise monitoring program—development and implementation

531 railroads

5.00 programs

30.00 hours

150.00

123.41

18,511.50

—(g) Reporting of monitoring results—notification of employee of monitoring

531 railroads

5.00 lists

0.50 hours

2.50

85.93

214.83

227.107(a)—Hearing Conservation Program (HCP)—development of programs

531 railroads

3.00 HCPs

31.00 hours

93.00

123.41

11,477.13

—Revised hearing conservation programs (HCPs)

531 railroads

3.00 HCPs

1.75 hours

5.25

85.93

451.13

227.109(e)—Audiometric testing program—baseline audiograms—New and existing employees

76,244 employees

6,862.00 records of tests

30 seconds

56.95

85.93

4,894.71

—(f) Periodic audiograms includes retests

76,244 employees

25,415.00 records of tests

30 seconds

210.94

85.93

18,126.07

—(g)(1)-(2) Evaluation of audiograms

76,244 employees

2,330 ratings + 93 records of retests

6 minutes + 30 seconds

233.77

85.93

20,087.86

—(g)(3) Review of problem audiograms

8,000 employees

45.00 documents

10.00 minutes

7.52

85.93

646.19

—(h)(1) Follow-up procedures—notifications

8,000 employees

93.00 notices

5.00 minutes

7.72

85.93

663.38

—(h)(2)(i)-(ii) Fitting/training of employees: hearing protectors

240 employees

240.00 documented training sessions

5.00 minutes

19.92

85.93

1,711.73

—(h)(2)(iii) Referrals for clinical/otological exam

240 employees

20.00 referrals

1.00 hour

20.00

85.93

1,718.60

—(h)(2)(iv) Notification to employee of need for otological examination

240 employees

20.00 notices

5.00 minutes

1.66

85.93

142.64

—(h)(3) New audiometric interpretation

240 employees

20.00 notices

5.00 minutes

1.66

85.93

142.64

227.111—Audiometric test requirements

1,000 mobile vans

1,000.00 recalibration test records

30 seconds

8.30

85.93

713.22

227.117 (a)—Hearing protection attenuation—evaluation

531 railroads

50.00 evaluations

0.50 hours

25.00

85.93

2,148.25

—(d) Reevaluations of adequacy of hearing protection attenuation when employee noise exposure increases

531 railroads

10.00 re-evaluations

0.50 hours

5.00

85.93

429.65

227.119—Hearing Conservation Training Program—development

531 railroads

3.00 training program modifications

1.00 hour

3.00

85.93

257.79

—Employee HCP training

531 railroads

26,000.00 records of training

2.00 minutes

866.58

85.93

74,465.22

—Periodic training

531 railroads

6,862.00 records of training

2.00 minutes

228.71

85.93

19,653.05

227.121(a)(1)(i)-(ii)—Recordkeeping—availability of records upon request

531 railroads

30 requests + 30 responses

10 minutes + 15 minutes

12.60

85.93

1,082.72

—(a)(1)(iv) Availability of exposure measurement records to regional or national labor representatives upon request

531 railroads

150 requests + 150 responses

21 minutes + 45 minutes

165.00

85.93

14,178.45

—(a)(2)-(3) Electronic records—maintenance and transfer of records

531 railroads

10.00 records

24.00 minutes

4.00

85.93

343.72

—(c) Audiometric test records

531 railroads

26,000.00 records

2.00 minutes

866.58

85.93

74,465.22

—(d) Positions and person designated records

531 railroads

54,000.00 records

45 seconds

675.00

85.93

58,002.75

229.121(a)—Locomotive cab noise—performance standards for locomotives—records and certification

3 equipment manufacturers

610 records + 90 certifications

5 minutes + 40 minutes

110.93

85.93

9,532.21

—(b)(3) Maintenance of locomotives—Excessive noise reports

514 railroads

3,000 reports + 3,000 records

1 minute + 1 minute

100.00

85.93

8,593.00

—(b)(4) Recordkeeping—written or electronic records

514 railroads

3,750.00 records

1.00 minutes

62.63

85.93

5,381.80

—(b)(4)(iii) Internal auditable monitoring systems—records

514 railroads

22 systems + 2 systems

36 mins + 8.25 hours

29.70

85.93

2,552.12

Appendix H(IV)—Static noise test protocols—records for retest

500 locomotives

2.00 retest records

5.00 minutes

0.17

85.93

14.61

Total

3

531 railroads

159,925 responses

N/A

3,974 hours

N/A

350,627

Total Estimated Annual Responses:

159,925.

3

Totals may not add up due to rounding.

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