Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2024-0010]

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-2024-0010. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0596) 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 statutes and 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:

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 any person as a conductor. As part of that program, railroads are required to have a process for determining competency to serve as a conductor through training, testing, and qualifying prospective conductors and existing conductors before issuing each person certification or recertification. The regulation is intended 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, and territorial qualifications.

In this 60-day notice, FRA made adjustments that decreased the previously approved burden hours from 49,761 hours to 46,858 hours. The decrease in burden is a result of the reduced amount of time per response for § 242.115(e) certification review for prior alcohol/drug conduct. The average time was reduced from 10 minutes to 5 minutes, providing a more accurate analysis of the time needed to complete the review.

Additionally, upon a detailed review of part 242, FRA made several adjustments to its estimated paperwork burdens in this ICR extension.

1

FRA determined that fewer employees were changing employers, therefore reducing the number of prior safety records being reviewed. FRA also found that the associated burdens related to substance abuse and medical conditions have decreased as fewer employees have medical conditions that require further evaluation or positive drug and alcohol tests. As a result of these decreased burdens, the number of certification denials due to medical conditions and substance abuse has also decreased.

1

The public can view all estimate adjustments to FRA's active ICRs in the Supporting Statements published at

https://www.reginfo.gov/public/.

The Supporting Statement for this ICR will be available after the 30-day

Federal Register

notice is published in

reginfo.gov.

Type of Request:

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

Affected Public:

Businesses.

Form(s):

N/A.

Respondent Universe:

784 railroads.

Frequency of Submission:

On occasion.

Reporting Burden

CFR section

Respondent universe

Total annual responses

Average time per response

Total annual burden hours

Wage rate

Total cost equivalent U.S. dollars

(A)

(B)

(C = A * B)

(E)

(D = C * E)

242.9—Waivers—Petitions

784 railroads

1 waiver petition

3.00 hours

3.00

85.93

257.79

242.103(b)-(c)(2)—Approval of design of individual railroad programs by FRA—Certification programs for new railroads

784 new railroads

3 new conductor certification programs

8.00 hours

24.00

123.41

2,961.84

—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs)

784 railroads

6 certification program submission copies

15.00 minutes

1.50

85.93

128.90

—(c)(2) Affirmative statements that copies of submissions were sent to RLOs

784 railroads

6 affirmative statements

15.00 minutes

1.50

85.93

128.90

—(d) RLOs submit comments on RR programs

784 railroads

6 certified comments

4.00 hours

24.00

85.93

2,062.32

—(g) Non-conforming program revised and resubmitted to FRA

784 railroads

15 revised programs

3.00 hours

45.00

85.93

3,866.85

—(h)(2) Resubmitted certification programs still not conforming and then resubmitted

784 railroads

3 resubmitted certification programs

2.00 hours

6.00

85.93

515.58

—(i)(1)-(2) Certification programs materially modified after initial FRA approval

784 railroads

96 certificate program material modifications

2.00 hours

192.00

85.93

16,498.56

—(i)(3) Materially modified programs disapproved by FRA and then revised

784 railroads

20 modified certification programs

2.00 hours

40.00

85.93

3,437.20

—Revised programs disapproved and then re-submitted

The estimated paperwork burden for this requirement is included under § 242.103(i)(3).

242.107(c)—Types of service—emergency training for reclassification to different type of certification

35 railroads

400 records of trainings

2.00 minutes

13.00

63.07

840.72

242.109—Determinations by RRs before certification or recertification and the opportunity for candidates to comment on their prior safety conduct record

784 railroads

300 records + 300 comments

30 minutes + 10 minutes

225

85.93

19,334.25

242.111(b)—Prior Safety Conduct as Motor Vehicle Operator—Eligibility determinations

784 railroads

16,200 eligibility determinations

10.00 minutes

2,700.00

85.93

232,011.00

—(c) Initial certification for 60 days

784 railroads

150 initial certifications

10.00 minutes

25.00

85.93

2,148.25

—(d) Recertification for 60 days

784 railroads

125 re-certifications

10.00 minutes

21.00

85.93

1,804.53

—(f) Driver info not provided and request for waiver by persons/railroad

FRA anticipates that there will be zero waiver requests during this three-year collection period.

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

41,000 conductors

16,200 written requests

15.00 minutes

4,050.00

63.07

255,433.50

—(j) Requests for additional information from driver licensing agency

The estimated paperwork burden for this requirement is included under § 242.111(h).

—(k) Notification to RR by persons of never having a license

41,000 conductors

10 notices

10.00 minutes

2.00

63.07

126.14

—(l) Report of Motor Vehicle Incidents

41,000 conductors

400 self-reporting

10.00 minutes

68

63.07

4,288.76

—(m)-(n) Evaluation of driving record

41,000 conductors

16,200.00 motor vehicle record evaluations

5.00 minutes

1,350.00

63.07

85,144.50

—(o)(1) DAC referral by RR after report of driving drug/alcohol incident

784 railroads

200 DAC referrals

5.00 minutes

16.00

123.41

1,974.56

—(o)(2) DAC requests person supply records of prior counseling or treatment and the person must provide the records requested

784 railroads

20 DAC requests

30.00 minutes

10.00

123.41

1,234.10

—(o)(3) Condition certifications based upon participation in aftercare or follow-up testing recommended by DAC

784 railroads

40 conditional certification recommendations

4.00 hours

160.00

123.41

19,745.60

242.113—Prior safety conduct as employee of a different railroad

The estimated paperwork burden for this requirement is included above in § 242.109.

242.115(b)—Determination that person meets eligibility requirements

41,000 conductors

16,200 determinations

2.00 minutes

540.00

63.07

34,057.80

—(c) Written documents from DAC that person is not affected by a substance abuse disorder

41,000 conductors

250 filed documents

30.00 minutes

125.00

123.41

15,426.25

—(d)(3) RR treats self-referral for substance abuse counseling by employee as confidential except with respect to ineligibility for certification

784 railroads

30 self-referrals

5.00 minutes

2.5

123.41

308.53

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

784 railroads

16,200 certification reviews

5.00 minutes

1,350.00

123.41

166,603.50

—(e)(3)(i) Written determination that person not currently certified is ineligible and the conditions for the ineligibility period

784 railroads

75 written determinations

1.00 hour

75.00

123.41

9,255.75

—(e)(3)(ii) Notification to current conductor that recertification has been denied or certification has been revoked and the conditions for the ineligibility period

784 railroads

75 notifications

30.00 minutes

37.50

85.93

3,222.38

—(e)(4) Persons/conductors waiving investigation/de-certifications

41,000 conductors

150 waived investigations

10.00 minutes

25.50

63.07

1,608.29

242.117(b)—Vision and hearing acuity—Determination vision standards met

784 railroads

16,200 records

2.00 minutes

540.00

123.41

66,641.40

—(b) Determination hearing standards met

784 railroads

16,200 records

2.00 minutes

540.00

123.41

66,641.40

—Additional gap hearing tests

The estimated paperwork burden for this requirement is included under § 242.117(b).

—(c)(1) Medical examiner certificate that person has been examined/passed test

784 railroads

16,200 file medical examiners

10.00 minutes

2,700.00

123.41

333,207.00

—(c)(2)(i) Document standards can be met with conditions attached

784 railroads

25 written documents

30.00 minutes

12.50

123.41

1,542.63

—(c)(2)(ii) Document standards cannot be met even with conditions attached

784 railroads

25 written documents

30.00 minutes

12.50

123.41

1,542.63

—(e) Notation person needs corrective device (glasses or hearing aid, or both)

784 railroads

5,000 certificate notifications

10.00 minutes

833.33

123.41

102,841.26

—(j) Person not meeting hearing or vision thresholds requests further medical evaluation for new determination

784 railroads

50 requests + 50 determination

30 minutes + 10 minutes

2

33.50

63.07

123.41

2,625.73

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

784 railroads

15 consults + 15 certifications

30 minutes + 10 minutes

3

10.05

123.41

85.93

1,144.69

—(k) Notification by certified conductor of deterioration of vision/hearing

784 railroads

20 notifications

10.00 minutes

3.00

63.07

189.21

242.119(a)—Training—New railroads—Training program

3 new railroads

3 training programs

3.00 hours

9.00

123.41

1,110.69

—(a) Modification to training program

783 railroads

75 programs

30.00 minutes

38.00

85.93

3,265.34

—(c) Written documentation showing each person completed training for certification or recertification

783 railroads

50 written documents

30.00 minutes

25.00

85.93

2,148.25

—(d)(5) Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment

784 railroads

24 modified training programs

2.00 hours

48.00

85.93

4,124.64

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

784 railroads

1,000 consultations

15.00 minutes

250.00

63.07

15,767.50

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

784 railroads

20 training records

15.00 minutes

5.00

63.07

315.35

—(l) RR continuous education/training of conductors

784 railroads

16,200 training records

15.00 minutes

4,050.00

63.07

255,433.50

242.121(a)-(f)—Knowledge testing—Determining eligibility

784 railroads

16,200 examination records

15.00 minutes

4,050.00

63.07

255,433.50

—(g) Retests/re-examinations

784 railroads

1,000 retests or reexamination records

15.00 minutes

250.00

63.07

15,767.50

242.123(a)-(e)—Monitoring operational Performance

784 railroads

16,200 operational compliance test records

10.00 minutes

2,700.00

85.93

232,011.00

—(f) Return to service that requires unannounced compliance test/record

784 railroads

1,000 unannounced compliance test records

10.00 minutes

167

85.93

14,350.31

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

784 railroads

100 determinations

30.00 minutes

50.00

63.07

3,153.50

242.127—Reliance on qualification requirements of other countries

784 railroads

20 determinations

30.00 minutes

10.00

63.07

630.70

242.203(b)—Retaining information supporting determination—Records

784 railroads

16,200 record retentions

15.00 minutes

4,050.00

85.93

348,016.50

—(c) Amended electronic records

784 railroads

20 amended records

30.00 minutes

10.00

85.93

859.30

242.205—Identification of certified persons and recordkeeping. List of certified persons

784 railroads

784 lists

5.00 minutes

63.00

85.93

5,413.59

242.209(a)—Maintenance of Certificates—Request to display certificate

784 railroads

2,000 displayed certificates

2.00 minutes

67.00

63.07

4,225.69

—(b) Notification by conductors that RR request to serve exceeds certification

784 railroads

1,000 notifications

10.00 minutes

167

63.07

10,532.69

242.211—Replacement of certificates

784 railroads

500 temporary replacement certificates

5.00 minutes

42.00

85.93

3,609.06

242.213(e)—Multiple certificates—Notification to engineer that no conductor is on train

35 railroads

5 locomotive engineer notifications

10.00 minutes

1.00 hour

85.93

85.93

—(f) Notification of denial of certification by individuals holding certifications from more than one railroad

784 railroads

10 notifications

10.00 minutes

2.00

63.07

126.14

242.215(a)—Railroad oversight responsibilities—Review and analysis of administration of certification program

53 railroads

53 reviews and analyses

40.00 hours

2,120.00

85.93

182,171.60

—(d)-(i) Upon FRA's request, railroad provides a report of findings and conclusions

784 railroads

53 reports

4.00 hours

212.00

85.93

18,217.16

242.301(a)—Determinations—Territorial qualification and joint operations

320 railroads

1,000 determinations

15.00 minutes

250.00

63.07

15,767.50

—(b) Notification by persons who do not meet territorial qualification

320 railroads

300 notifications

10.00 minutes

50.00

63.07

3,153.50

242.401(a)—Denial of certification—Notification to candidate of information that forms basis for denying certification and candidate response

784 railroads

80 notices + 40 responses

1 hour + 1 hour

4

120.00

123.41

63.07

12,395.60

—(c) Written notification of denial of certification

784 railroads

40 notifications

1.00 hour

40.00

85.93

3,437.20

242.403—Criteria for revoking certification—Review of compliance conduct

784 railroads

1,000 certification reviews

15.00 minutes

250.00

63.07

15,767.50

242.407(a)—Process for revoking certification—Revocation for violations of section 242.115(e) and 242.403(e)

784 railroads

1,000 revoked certifications

8.00 hours

8,000.00

123.41

987,280.00

—(b)(1) and (2) Immediate suspension of certificate

784 railroads

1,000 suspended certification letters

1.00 hour

1,000.00

85.93

85,930.00

—(b)(7) Hearing record

784 railroads

1,000 records

5.00 minutes

250.00

85.93

21,482.50

—(c) Written decisions by railroad official

784 railroads

1,000 written decisions

2.00 hours

2,000.00

123.41

246,820.00

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

784 railroads

1,000 served written decisions + 1,000 service proofs

10 minutes + 5 minutes

250.00

85.93

21,482.50

—(f) Written waiver of right to hearing

41,000 conductors

700 written waivers

10.00 minutes

117.00

63.07

7,379.19

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

784 railroads

15 revoked certifications

10.00 minutes

3.00

123.41

370.23

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

784 railroads

100 updated records

1.00 hour

100.00

85.93

8,593.00

Totals

5

784 railroads

220,123 responses

N/A

46,858

4,281,590

Total Estimated

Annual Responses:

220,123.

2

Breakdown of total burden hours is 25 hours × $63.07 = $1,576.75, and 8.5 hours × 123.41 = $1,048.98 for a total of 33.50 hours and $2,625.73 total cost equivalent.

3

Breakdown of total burden hours is 7.5 hours × $123.41 = $925.57, and 2.55 hours × 85.93 = $219.12 for a total of 10.05 hours and $1,144.69 total cost equivalent.

4

Breakdown of total burden hours is 80 hours × $123.41 = $9,872.80, and 40 hours × 63.07 = $2,522.80 for a total of 120 hours and $12,395.60 total cost equivalent.

5

Totals may not add up due to rounding.

Total Estimated Annual Burden:

47,858 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent:

$4,344,660.

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. 2024-11539 Filed 5-24-24; 8:45 am]

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