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Notice

Proposed Agency Information Collection Activities; Comment Request

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Start Preamble

AGENCY:

Federal Railroad Administration (FRA), U.S. 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 Requests (ICRs) abstracted below. Before submitting these ICRs to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

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

ADDRESSES:

Submit written comments on the ICRs activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, 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-XXXX,” (the relevant OMB control number for each ICR is listed below) and should also include the title of the ICR. Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-6497, or emailed to Mr. Brogan at robert.brogan@dot.gov, or 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.

Start Further Info

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, 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, Washington, DC 20590 (telephone: (202) 493-6132).

End Further Info End Preamble Start Supplemental Information

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 ICRs 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 will promote its efforts to 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) ensure that it organizes 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 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.Start Printed Page 25111

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.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per response (minutes)Total annual burden hoursTotal annual dollar cost equivalent 1
215.11—Designation of Inspectors—Written Records692 railroads1,200 records240$3,080

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:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual dollar cost equivalent
240.9—Waivers741 railroads3 waiver petitions90 minutes5$385
240.101/103—Cert. Prog: Amendments741 railroads50 amendments1 hour50$3,850
— Cert. Prog.—New5 railroads5 programs40 hours20015,400
— Final Review5 railroads5 reviews1 hour5385
— Material Modification to Program741 railroads30 modified programs45 minutes231,771
240.105(b)—(c) Written Reports/Determinations of DSLE Performance Skills10 railroads10 reports1 hour101,160
240.109/App. C—Prior Safety Conduct Data17,667 candidates25 responses60 minutes251,900
240.111/App C—Driver's License Data17,667 candidates17,667 requests15 minutes4,417335,692
—NDR Match—notifications and requests for data741 railroads177 notices + 177 requests15 min. + 15 min.897,254
—Written response from candidate on driver's license data741 railroads20 cases/comments30 minutes10760
240.111(g)—Notice to RR of Absence of License53,000 candidates4 letters15 minutes176
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op.741 railroads200 phone calls10 minutes332,508
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR17,667 candidates353 requests + 353 responses15 min./30 min.26520,298
240.119—Self-referral to EAP re: active substance abuse disorder53,000 locomotive engineers150 self-referrals5 minutes13988
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads5 railroads5 copies15 minutes177
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification741 railroads5 reports1 hour5385
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards—Notice by Employee741 railroads10 notifications15 minutes3228
240.127—Criteria for Examining Skill Performance—Modification to Certification Program to Include Scoring System741 railroads11 amended programs + 180 amended programs48 hours + 8 hours1,968151,536
240.201/221—List of Qualified DSLEs741 railroads741 updates30 minutes37128,567
240.201/221—List of Qualified Loco. Engineers741 railroads741 updated lists60 minutes74157,057
240.201/223/301—Loco. Engineers Certificate53,000 candidates17,667 certificates5 minutes1,472113,344
—False entry on certificatesN/AN/AN/AN/AN/A
240.205—Data to EAP Counselor741 railroads177 records5 minutes151,155
240.207—Medical certificate showing hearing/vision standards are met:53,000 candidates17,667 certificates70 minutes20,6121,587,124
written determinations waiving use of corrective device741 railroads30 determinations2 hours604,620
Start Printed Page 25112
240.219—Denial of Certification;17,667 candidates30 letters + 30 responses1 hour604,590
Notification to employee of adverse decision741 railroads30 notifications1 hour302,310
240.227—Canadian Certification DataN/AN/AN/AN/AN/A
240.229—Joint Operations—Notice—not qualified321 railroads184 employee calls5 minutes151,140
240.309—RR Oversight Resp.: Detected poor safety conduct—annotation15 railroads6 annotations15 minutes2152
Testing Requirements:
240.209/213—Written Tests Records53,000 candidates17,667 test records5 minutes1,472111,872
240.211/213—Performance Test Records53,000 candidates17,667 test records5 minutes1,472111,872
240.303—Annual operational monitor observation records53,000 candidates53,000 test records5 minutes4,417335,692
240.303—Annual operating rules compliance test records53,000 candidates53,000 test records5 minutes4,417335,692
Recordkeeping:
240.215—Retaining info. supporting determination741 railroads17,667 records30 minutes8,834671,384
240.305—Engineer's notice of non-qualification to RR53,000 engineers or candidates100 notifications5 minutes8608
—Relaying certification denial or revocation Status to other certifying railroad1,060 engineers2 letters30 minutes176
240.307—Notice to engineer of disqualification741 railroads1,100 letters1 hour1,10084,700
240.309—Railroad annual review51 railroads51 reviews40 hours2,040157,080
—Report of findings51 railroads12 reports1 hour12924
Total741 railroads217,059 responsesN/A54,6844,158,412

Total Estimated Annual Responses: 217,059.

Total Estimated Annual Burden: 54,684 hours.

Total Estimated Annual Dollar Cost Equivalent: $4,158,412.

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 as they go about doing their daily jobs in a dangerous environment. Railroads are required to provide on-track safety manuals to all roadway workers that they can readily consult as a guide when an issue arises as to how to complete a work assignment while maintaining complete safety. Under the regulation, railroads are required to provide initial and recurrent training to roadway workers on their on-track safety program and the procedures to be followed to perform their daily work assignments. This includes training for roadway workers who work on adjacent track 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 on Form FRA F 6180.119. FRA uses violation information to make changes that endanger railroad workers. Overall, 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 make roadway workers environment 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 6180.1119.

Respondent Universe: 741 Railroads.

Frequency of Submission: On occasion.

Reporting Burden:

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual dollar cost equivalent
Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report350 Safety Inspectors129 forms4 hours516$31,579
214.307—Railroad On-Track Safety Programs—RR Programs that comply with this Part + copies at System/Division Headquarters741 Railroads276 programs + 325 copies2 hours + 2 minutes56343,351
—RR Notification to FRA not less than one month before on-track safety program takes effect741 Railroads276 notices20 minutes927,084
—RR Amended on-track safety programs after FRA disapproval741 Railroads1 program44 hours308
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—RR Written response in support of disapproved program741 Railroads1 written response40 hours403,080
214.309—On-Track Safety Manual:
—RR Provisions for alternative access to information in on-track safety manual741 Railroads741 provisions60 minutes74157,057
—RR Publication of bulletins/notices reflecting changes in on-track safety manual60 Railroads100 bulletins/notices60 minutes1007,700
214.311—RR Written procedure to achieve prompt and equitable resolution of good faith employee challenges5 new railroads5 developed procedures30 minutes3231
214.313—Good faith challenges to on-track safety rules20 railroads80 challenges8 hours per challenge64042,880
214.317—On-Track Procedures for Snow Removal5 Railroads5 operating procedures60 minutes5385
—On-track procedures for weed spray equipment741 Railroads741 operating procedures60 minutes74157,057
—Roadway Worker in Charge (RWIC) Designation of alternative place of safety other than tunnel niche or clearing bay741 Railroads25 place of safety designations5 minutes2134
214.318—Procedures established by railroads for workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling equipment741 Railroads741 rules/procedures3 hours2,223171,171
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 speed741 Railroads5 requests4 hours201,540
214.322—Exclusive Track Occupancy, Electronic Display—Written Authorities/Printed Authority Copy If Electronic Display Fails or Malfunctions3 Class I Railroads1,000 written authorities10 minutes16711,189
—Data File Records Relating to Electronic Display Device Involved in Part 225 Reportable Accident/Incident3 Class I Railroads25 data file records2 hours503,850
—Request to FRA for NIST Publication 800-63-2, “Electronic Authentication Guideline”741 Railroads3 requests + 3 copies30 minutes + 2 minutes2154
214.329—Train Approach Warning—Written Designation of Watchmen/Lookouts741 Railroads26,250 designations30 Seconds21916,863
214.336—Procedures for adjacent track movements over 25 mph: notifications/watchmen/lookout warnings100 Railroads10,000 notices5 seconds14938
—Procedures for adjacent track movements 25 mph or less: Notifications/watchmen/lookout warnings100 Railroads3,000 notices15 seconds13804
214.337—On-track safety procedures for lone workers: statements by lone workers741 Railroads2,080,000 statements30 seconds17,3331,161,311
Statement of on-track safety using individual train detection on track outside manual interlocking, a controlled point, or a remotely controlled hump yard facility741 Railroads200 on-track safety statements30 seconds2134
214.339—Audible warning from trains: written procedures that prescribe effective requirements for audible warning by horn and/or bell for trains44 Railroads44 written procedures13572 hours44,044
214.343/345/347/349/351/353/355—Annual training for all roadway workers (RWs)—Records of training50,000 roadway workers50,000 records2 minutes1,667128,359
214.503—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition50,000 roadway workers125 notices10 minutes211,407
—Resolution Procedures692 Railroads/200 contractors5 procedures2 hours10770
214.505—Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs741 Railroads/200 contractors500 lists1 hour50038,500
—Designations/additions to list692 Railroads/200 contractors150 additions/designations5 minutes131,001
214.507—A-Built Light Weight on New Roadway Maintenance Machines692 Railroads/200 contractors1,000 stickers/stencils5 minutes835,063
214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines692 Railroads/200 contractors3,700 identified mechanisms5 minutes30818,788
214.515—Overhead covers for existing on-track roadway maintenance machines692 railroads/200 contractors500 requests + 500 responses10 minutes; 20 minutes25018,420
214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991692 Railroads/200 contractors500 stencils/displays5 minutes422,562
214.523—Hi-Rail Vehicles692 railroads/200 contractors5,000 records60 minutes5,000305,000
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—Non-complying conditions692 railroads/200 contractors500 tags + 500 reports10 minutes + 15 minutes20813,936
214.527—Inspection for compliance; Repair schedules692 railroads/200 contractors550 tags + 550 reports5 minutes + 15 minutes18312,261
214.533—Schedule of repairs; Subject to availability of parts692 railroads/200 contractors250 records15 minutes634,851
Total741 railroads2,188,306 responsesN/A32,4101,207,732

Total Estimated Annual Responses: 2,188,306.

Total Estimated Annual Burden: 32,410 hours.

Total Estimated Annual Dollar Cost Equivalent: $1,207,732.

Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 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.

Start Authority

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

End Authority Start Signature

Brett A. Jortland,

Acting Chief Counsel.

End Signature End Supplemental Information

Footnotes

1.  Throughout the tables in this document, the dollar equivalent cost is derived from the 2018 Association of American Railroads publication titled Railroad Facts (Employment and Annual Wages by Class) (p. 57) using the appropriate employee group to calculate the average hourly wage rate that includes 75 percent overhead charges.

Back to Citation

[FR Doc. 2019-11224 Filed 5-29-19; 8:45 am]

BILLING CODE 4910-06-P