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Notice

Proposed Agency Information Collection Activities; Comment Request

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AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Notice.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting the information collection requests (ICRs) below for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

Comments must be received no later than November 3, 2014.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. 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-_____.” Alternatively, comments may be transmitted via facsimile to (202) 493-6216 or (202) 493-6497, or via email to Mr. Brogan at Robert.Brogan@dot.gov, or to 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.

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FOR FURTHER INFORMATION CONTACT:

Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kimberly Toone, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-6132). (These telephone numbers are not toll-free.)

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SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a “user friendly” format to improve the use of such information; and (iii) 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 clearance by OMB as required under the PRA:

Title: Roadway Worker Protection.

OMB Control Number: 2130-0539.

Abstract: This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers' responsibilities, as well as employees' rights and responsibilities thereto; well-defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA. Part 214 regulations have been deemed different enough from the part 213 regulations as to require a separate and distinct reporting form (new Form FRA F 6180.119). Regardless of discipline, the FRA inspector will complete the new Roadway Workplace Safety Violation Report Form (FRA F 6180.119) when recommending civil penalties for part 214 infractions.

Form Number(s): FRA F 6180.119.

Affected Public: Businesses/Individuals.

Respondent Universe: 718 Railroads; 50,000 Roadway Workers.

Frequency of Submission: On occasion.

Reporting Burden:

CFR SectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report350 Safety Inspectors150 forms4 hours600
214.303—Railroad On-Track Safety Programs:
—Amendments to Programs60 Railroads20 amend. + 584 amend20 hours; 4 hrs2,736
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—Subsequent Years: New Programs5 New Railroads5 new prog.250 hours1,250
214.313—Good Faith Challenges to On-Track Safety Rules20 Railroads80 challenges4 hours per challenge320
214.315/335—Supervision +communication:
—Regular Job Briefings50,000 Rdwy Workers16,350,000 brf2 minutes545,000
—Adjacent-Track Safety Briefings (New)24,500 Rdwy Workers2,403,450 brf.30 seconds20,029
214.321—Exclusive Track Occupancy: Working Limits:
—Written authority to roadway worker in charge8,583 Roadway Workers700,739 authorities1 minute11,679
214.325—Train Coordination—Establishing Working Limits through Communication50,00 Roadway Workers36,500 comm.15 seconds152
214.327—Inaccessible Track:
—Working Limits on Non-controlled Track: Notifications718 Railroads50,000 notifications10 minutes8,333
214.336—Procedures for Adjacent-Track Movements Over 25 mph:
—Notifications/Watchmen/Lookout Warnings100 Railroads10,000 notific.15 seconds42
—Roadway Worker Communication with Train Engineers or Equipment Operators100 Railroads3,000 comm.1 minute50
Procedures for Adjacent-Track Movements 25 mph or less100 Railroads3,000 notific.15 seconds13
—Notifications/Watchmen/Lookout Warnings
—Roadway Worker Communication with Train Engineers or Equipment Operators100 Railroads1,500 comm1 minute25
—Exceptions to the requirements in paragraphs (a), (b), and (c) for adjacent-controlled-track on-track safety: Work activities involving certain equipment and purposes—On-Track Job Safety Briefings100 Railroads1,030,050 briefings15 seconds4,292
214.337—On-Track Safety Procedures for Lone Workers: Statements by Lone Workers718 Railroads2,080,000 statements30 seconds17,333
214.343/345/347/349/351/353/355—training50,000 Rdwy Workers50,000 tr. RW4.5 hours225,000
—Additional on-track safety training (New)35,000 Rdwy Workers35,000 tr. RW5 min.2,917
—Records of Training50,000 Roadway Workers50,000 records2 min.1,667
214.503—Good Faith Challenges; Procedures for Notification and Resolution:
—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition50,000 Rdwy Workers125 notific.10 minutes21
—Resolution Procedures644 Railroads10 procedures2 hours20
214.505—Required Environmental Control and Protection Systems for New On-Track Roadway Maintenance Machines with Enclosed Cabs:644 Railroads/200 contractors500 lists1 hour500
—Designations/Additions to List644 Railroads/200 contractors150 additions/designations5 minutes13
214.507—A-Built Light Weight on New Roadway Maintenance Machines644 Railroads1,000 stickers5 minutes83
214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines644 Railroads3,700 identified mechanisms5 minutes308
214.513—Retrofitting of Existing On-Track Roadway Maintenance Machines:
—Identification of Triggering Mechanism—Horns703 Railroads200 mechanisms5 minutes17
214.515—Overhead Covers for Existing On-Track Roadway Maintenance Machines644 Railroads500 requests + 500 responses10 minutes; 20 minutes250
214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991644 Railroads500 stencils5 minutes42
214.518—Safe and Secure Position for riders:
—Positions identified by stencilings/markings/notices644 Railroads1,000 stencils5 minutes83
214.523—Hi-Rail Vehicles—Inspections/Records:644 Railroads2,000 records60 minutes2,000
—Non-Complying Conditions644 Railroads500 tags + 500 reports10 min.; 15 min208
214.527—On-Track Roadway Maintenance Machine; Inspection for Compliance and Repair Schedules644 Railroads550 tags + 550 reports5 min.; 15 min184
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214.533—Schedule of Repairs Subject to Availability of Parts—Records of Compliance with this Section644 Railroads250 records15 minutes63

Total Estimated Responses: 22,816,613.

Total Estimated Annual Burden: 845,230 hours.

Status: Extension of a Currently Approved Collection.

Title: Conductor Certification.

OMB Control Number: 2130-0596.

Abstract: On November 9, 2011, FRA issued regulations for certification of conductors, as required by the Rail Safety Improvement Act of 2008. See 76 FR 69802. This rule 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 issued this regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors, to reduce the rate and number of accidents and incidents, and to improve railroad safety. Although this rule does not propose any specific amendments to the regulation governing locomotive engineer certification, it does highlight areas in that regulation that may require conforming changes. The information collected under this rule is used by FRA 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: 677 railroads.

Frequency of Submission: On occasion; annually.

Reporting Burden:

CFR Section/SubjectRespondent universeTotal annual responsesAverage time per responseTotal annual burden hours
242.9—Waivers—Petitions677 railroads10 petitions3 hours30
242.101/103—Certification Program: Written Program for Certifying Conductors677 railroads678 programs160 hrs./581 Hrs./15.5 hrs.16,799
Approval of Design of Programs:
—Certification Programs for New RRs6 railroads6 new prog.15.5 hours93
—Conductor Certification Submission Copies to Rail Labor Organizations677 railroads200 copies15 minutes50
—Affirmative Statements that Copies of Submissions Sent to RLOs677 railroads200 statements15 minutes50
—Certified Comments on Submissions677 railroads35 comments4 hours140
—Certification Programs Disapproved by FRA and then Revised677 railroads10 programs4 hours40
—Revised Certification Programs Still Not Conforming and Then Resubmitted677 railroads3 programs2 hours6
—Certification Programs Materially Modified After Initial FRA Approval677 railroads50 programs2 hours100
—Materially Modified Programs Disapproved by FRA & Then Revised677 railroads3 programs2 hours6 hours
—Revised Programs Disapproved and Then Resubmitted677 railroads1 program2 hours2 hours
242.105 —Implementation Schedule:
—Designation of Certified Conductors (Class I Railroads)677 railroads48,600 designations5 minutes4,050
—Issued Certificates (1/3 each year)677 railroads16,200 certif.1 hour16,200
—Designation of Certified Conductors (Class II and III Railroads)677 railroads5,400 design.5 minutes450
—Issued Certificates (1/3 each year)677 railroads1,800 certif.1 hour1,800
—Requests for Delayed Certification677 railroads5,000 request30 minutes2,500
—Testing/Evaluation to Certify Persons677 railroads1,000 tests560 hours560,000
—Testing/Evaluation to Certify Conductors (Class III)627 railroads100 tests400 hours40,000
242.107—Types of Service—Reclassification to Diff. Type of Cert.677 railroads25 conductor Tests/Evaluations8 hours200
242.109—Opportunity by RRs for Certification Candidates to Review and Comment on Prior Safety Record677 Railroads200 records + 200 comments30 minutes + 10 minutes133
242.111—Prior Safety Conduct As Motor Vehicle Operator:
—Eligibility Determinations677 Railroads1,100 dtrmin.10 minutes183
—Initial Certification for 60 Days677 Railroads75 certific.10 minutes13
—Recertification for 60 Days677 Railroads125 recertif.10 minutes21
—Driver Info. Not Provided and Request for Waiver by Persons/RR677 Railroads25 requests2 hours50
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—Request to Obtain Driver's License Information From Licensing Agency54,000 Conductors/Persons18,000 req.15 minutes4,500
—Requests for Additional Information From Licensing Agency54,000 Conductors/Persons25 requests10 minutes4
—Notification to RR by Persons of Never Having a License54,000 Conductors/Persons2 notifications10 minutes.33
—Report of Motor Vehicle Incidents54,000 Conductors200 reports10 minutes33
—Evaluation of Driving Record54,000 Conductors18,000 eval.15 minutes4,500
—DAC Referral by RR After Report of Driving Drug/Alcohol Incident677 Railroads180 referrals5 minutes15
—DAC Request and Supply by Persons of Prior Counseling or Treatment677 Railroads5 requests/Records30 minutes3
—Conditional Certifications Recommended by DAC677 Railroads50 certificat.4 hours200
242.113—Prior Safety Conduct As Employee of a Different Railroad54,000 conductors360 requests/ 360 records15 minutes + 30 minutes270
242.115—Substance Abuse Disorders and Alcohol Drug Rules Compliance:
—Meeting Section's Eligibility Reqmnt54,000 conductors18,000 determinations2 minutes600
—Written Documents from DAC Person Not Affected by a Disorder677 railroads400 docs.30 minutes200
—Self-Referral by Conductors for Substance Abuse Counseling54,000 conductors10 self-referrals10 minutes2
—Certification Reviews for Occurrence/Documentation of Prior Alcohol/Drug Conduct by Persons/Conductors677 railroads18,000 reviews10 minutes3,000
—Written Determination That Most Recent Incident Has Occurred677 railroads150 determin.60 minutes150
—Notification to Person That Recertification Has Been Denied677 railroads150 notific.10 minutes25
—Persons/Conductors Waiving Investigation54,000 conductors100 waivers10 minutes17
242.117—Vision and Hearing Acuity:
—Determination Vision Standards Met677 railroads18,000 deter.20 minutes6,000
—Determination Hearing Stds. Met677 railroads18,000 deter.20 minutes6,000
—Additional Gap Hearing Tests677 railroads200 deter.20 minutes67
—Medical Examiner Certificate That Person Has Been Examined/Passed Test677 railroads18,000 certif.2 hours36,000
—Document Standards Met with Conditions677 railroads50 document30 minutes25
—Document Standards Not Met677 railroads25 document30 minutes13
—Notation Person Needs Corrective Device (Glasses/Hearing Aid)677 railroads10,000 notes10 minutes1,667
—Request for Further Medical Evaluation for New Determination677 railroads100 requests + 100 Evals.60 minutes + 2 hours300
—Request for Second Retest and Another Medical Evaluation677 railroads25 requests + 25 Evals.60 minutes + 2 hours75
—Copies of Part 242 Provided to RR Medical Examiners677 railroads677 copies60 minutes677
—Consultations by Medical Examiners with Railroad Officer and Issue of Conditional Certification677 railroads100 consults + 100 certif.2 hours + 10 minutes217
—Notification by Certified Conductor of Deterioration of Vision/Hearing677 railroads10 notific.10 minutes2
242.119—Training:
—Completion of Training Program677 railroads678 Programs36 hours/70 hrs/3 hrs3,751
—Modification to Training Program677 railroads678 Programs12 hrs/20 hrs/30 min.934
—Completion of Training Program by Conductors/Persons + Documents54,000 Conductors18,000 Docs/18,000 Cond.1 hour/560 hours10,098,000
—Modification of Training Program Due to New Laws/Regulations677 railroads30 programs4 hours120
—Consultation with Supervisory Employee During Written Test677 railroads1,000 consult15 minutes250
—Familiarization Training Upon Transfer of RR Ownership677 railroads10 trained Conductors8 hours80
—Continuing Education of Conductors677 railroads18,000 cont. trained cond.8 hours144,000
242.121—Knowledge Testing:
—Determining Eligibility677 railroads18,000 deter.30 minutes9,000
—Retests/Re-Examinations677 railroads500 Retests8 hours4,000
242.123—Monitoring Operational Performance:
—Unannounced Compliance Tests and Records677 railroads18,000 tests + 18,000 recd10 minutes + 5 minutes4,500
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—Return to Service That Requires Unannounced Compliance Test/Record677 railroads1,000 tests + 1,000 records10 minutes + 5 minutes250
242.125/127—Certificate Determination by Other Railroads/Other Country:
—Determination Made by RR Relying on Another RR's Certification677 railroads100 determin.30 minutes50
—Determination by Another Country677 railroads200 determin.30 minutes100
242.203—Retaining Information Supporting Determination—Records677 railroads18,000 recds15 minutes4,500
—Amended Electronic Records677 railroads20 records60 minutes20
242.205—List of Certified Conductors Working in Joint Territory677 railroads625 lists60 minutes625
242.209—Maintenance of Certificates:
—Request to Display Certificate677 railroads2,000 request/displays2 minutes67
—Notification That Request to Serve Exceeds Certification677 railroads1,000 notif.10 minutes167
242.211—Replacement of Certificates677 railroads500 certific.5 minutes42
242.213—Multiple Certificates:
—Notification to Engineer That No Conductor Is On Train677 railroads5 notification10 minutes1
—Notification of Denial of Certification by Individuals Holding Multiple Certifications677 railroads10 notific.10 minutes2
242.215—RR Oversight Responsibility:
—RR Review and Analysis of Administration of Certification Program677 railroads44 reviews/Analyses40 hours1,760
—Report of Findings by RR to FRA677 railroads36 reports4 hours144
242.301—Determinations—Territorial Qualification and Joint Operations320 railroads1,080 Deter.15 minutes270
—Notification by Persons Who Do Not Meet Territorial Qualification320 railroads500 Notific.10 minutes83
242.401—Notification to Candidate of Information That Forms Basis for Denying Certification and Candidate Response677 railroads40 notific. + 40 responses60 minutes/60 minutes80
—Written Notification of Denial of Certification677 railroads40 notific.60 minutes40
242.403/405—Criteria for Revoking Certification; Periods of Ineligibility:
—Review of Compliance Conduct677 railroads950 reviews10 minutes158
—Written Determination That the Most Recent Incident Has Occurred677 railroads950 determin.60 minutes950
242.407—Process for Revoking Certification:
—Revocation for Violations of Section 242.115(e)677 railroads950 Revoked Certificates8 hours7,600
—Immediate Suspension of Certificate677 railroads950 suspend Certificates1 hour950
—Determinations Based on RR Hearing Record677 railroads950 determin.15 minutes238
—Hearing Record677 railroads950 records30 minutes475
—Written Decisions by RR Official677 railroads950 decisions2 hours1,900
—Service of Written Decision on Employee by RR + RR Service Proof677 railroads950 decisions + 950 proofs10 minutes + 5 minutes238
—Written Waiver of Right to Hearing54,000 Conductors425 waivers10 minutes71
—Revocation of Certification Based on Information That Another Railroad Has Done So677 railroads15 revoked Certifications10 minutes3
—Placing Relevant Information in Record Prior to Suspending Certification/Convening Hearing677 railroads100 updated records1 hour100

Total Estimated Responses: 354,076.

Total Estimated Total Annual Burden: 3,972,997 hours.

Status: Extension of a Currently Approved Collection.

Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 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.

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Authority: 44 U.S.C. 3501-3520.

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Issued in Washington, DC, on August 28, 2014.

Rebecca Pennington,

Chief Financial Officer.

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[FR Doc. 2014-20911 Filed 9-2-14; 8:45 am]

BILLING CODE 4910-06-P