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Proposed Agency Information Collection Activities; Comment Request

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


Notice of information collection; request for comment.


Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Requests (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the information collections and their expected burden. On May 30, 2019, FRA published a notice providing a 60-day period for public comment on the ICRs.


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


Submit written comments on the ICRs to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be sent via email to OMB at the following address:

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Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-497, 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, Room W34-212, Washington, DC 20590 (telephone: (202) 493-6132).

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The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On May 30, 2019, FRA published a 60-day notice in the Federal Register soliciting comment on the ICRs for which it is now seeking OMB approval. See 84 FR 25110. FRA Start Printed Page 37001received no comments in response to this notice.

Before OMB decides whether to approve these proposed collections of information, it must provide 30-days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.

Comments are invited on the following ICRs regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information 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 to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.

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.

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.

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:[1]

CFR sectionRespondent universeTotal annual responsesAverage time per responseTotal annual burden hoursTotal annual dollar cost equivalent 2
240.9—Waivers741 railroads2 waiver petitions1 hour2$152
240.101/103—Cert. Prog: Amendments741 railroads25 amendments5 minutes2152
—Cert. Prog.—New5 railroads5 programs1 hour5380
—Final Review5 railroads5 reviews1 hour5385
—Material Modification to Program741 railroads10 modified programs10 minutes2152
240.105(b)-(c) Written Reports/Determinations of DSLE Performance Skills10 railroads10 reports30 minutes5575
240.109/App. C—Prior Safety Conduct Data17,667 candidates25 responses5 minutes2116
240.111/App C—Driver's License Data17,667 candidates17,667 requests10 minutes2,945223,820
—NDR Match—notifications and requests for data741 railroads177 notices + 177 requests5 min. + 5 min302,010
—Written response from candidate on driver's license data741 railroads20 cases/comments10 minutes3174
240.111(g)—Notice to RR of Absence of License53,000 candidates4 letters5 minutes.319
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op741 railroads100 communications5 minutes8464
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR17,667 candidates353 requests + 353 responses5 min. + 5 min594,130
240.119—Self-referral to EAP re: Active substance abuse disorder53,000 locomotive engineers150 self-referrals5 minutes13754
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads5 railroads5 copies5 minutes.432
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification741 railroads5 reports5 minutes.432
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards—Notice by Employee741 railroads10 notifications15 minutes3174
240.201/221—List of Qualified DSLEs741 railroads741 updates5 minutes624,712
240.201/221—List of Qualified Loco. Engineers741 railroads741 updated lists5 minutes624,712
240.201/223/301—Loco. Engineers Certificate53,000 candidates17,667 certificates5 minutes1,472111,872
—False entry on certificatesN/AN/AN/AN/AN/A
240.207—Medical certificate showing hearing/vision standards are met: Written determinations waiving use of corrective device53,000 candidates 741 railroads17,667 certificates 30 determinations30 minutes 5 minutes8,834 31,015,910 345
240.219—Denial of Certification17,667 candidates30 letters + 30 responses30 minutes302,280
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240.227—Canadian Certification DataN/AN/AN/AN/AN/A
240.229—Joint Operations—Notice—not qualified321 railroads184 employee calls5 minutes15870
240.309—RR Oversight Resp.: Detected poor safety conduct—annotation15 railroads6 annotations15 minutes2116
Recordkeeping: 240.205—Data to EAP Counselor741 railroads177 records5 minutes151,725
240.209/213—Written Tests Records53,000 candidates17,667 test records1 minutes29422,334
240.211/213—Performance Test Records53,000 candidates17,667 test records1 minutes29422,334
240.215—Retaining info. supporting determination741 railroads17,667 records5 minutes1,472111,872
240.303—Annual operational monitor observation records53,000 candidates53,000 test records1 minutes88367,108
240.303—Annual operating rules compliance test records53,000 candidates53,000 test records1 minutes88367,108
240.305—Engineer's notice of non-qualification to RR53,000 engineers or candidates100 notifications5 minutes8464
—Relaying certification denial or revocation Status to other certifying railroad1,060 engineers2 letters15 minutes1 hour58
240.307—Notice to engineer of disqualification741 railroads1,100 letters1 hour1,10073,700
240.309—Railroad annual review51 railroads51 reviews315311,628
Total741 railroads217,059 responsesN/A18,6681,752,700

Total Estimated Annual Responses: 216,630.

Total Estimated Annual Burden: 18,668.

Total Estimated Annual Dollar Cost Equivalent: $1,752,700.

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 from dangers in their work environment. Railroads are required to provide on-track safety manuals to all roadway workers that they can readily consult to determine what on-track safety procedures are required for their work assignment. Under the regulation, railroads are required to provide initial and recurrent training to roadway workers on their on-track safety program. This includes training for roadway workers who work where on-track safety for adjacent controlled tracks is required, 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 regulations on Form FRA F 6180.119. FRA uses violation information to support actions that will reduce or eliminate hazards to railroad workers. Specifically, 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 keep roadway workers 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 6180.119.

Respondent Universe: 741 Railroads.

Frequency of Submission: On occasion.

Reporting Burden: [3]

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$29,412
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 minutes56342,788
—RR Notification to FRA not less than one month before on-track safety program takes effect741 Railroads276 notices20 minutes926,992
—RR Amended on-track safety programs after FRA disapproval741 Railroads1 program4 hours4304
—RR Written response in support of disapproved program741 Railroads1 written response20 hours201,520
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214.309—On-Track Safety Manual—RR Provisions for alternative access to information in on-track safety manual741 Railroads741 provisions60 minutes74156,316
—RR Publication of bulletins/notices reflecting changes in on-track safety manual60 Railroads100 bulletins/notices60 minutes1007,600
214.311—RR Written procedure to achieve prompt and equitable resolution of good faith employee challenges19 Railroads5 developed procedures2 hours10760
214.317—On-Track Safety Procedures, generally, for snow removal, and weed spray equipment, tunnel niche or clearing by19 Railroads5 operating procedures2 hours10760
214.318—Procedures established by railroads for workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling equipment741 Railroads19 rules/procedures2 hours382,888
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 hours201,520
214.322—Exclusive Track Occupancy, Electronic Display—Written Authorities/Printed Authority Copy If Electronic Display Fails or Malfunctions3 Class I Railroads1,000 written authorities10 minutes1679,519
214.329—Train Approach Warning—Written Designation of Watchmen/Lookouts741 Railroads26,250 written designations30 seconds21916,644
214.336—Procedures for adjacent track movements over 25 mph: Notifications/watchmen/lookout warnings100 Railroads10,000 notices5 seconds14798
—Procedures for adjacent track movements 25 mph or less: Notifications/watchmen/lookout warnings100 Railroads3,000 notices5 seconds4228
214.339—Audible warning from trains: Written procedures that prescribe effective requirements for audible warning by horn and/or bell for trains19 Railroads19 written procedures4 hours765,776
214.343/345/347/349/351/353/355—Annual training for all roadway workers (RWs)—Records of training50,000 roadway workers50,000 records2 minutes1,667126,692
214.503—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition50,000 roadway workers125 notices10 minutes211,197
—Resolution Procedures19 railroads5 procedures2 hours10760
214.505—Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs741 Railroads/200 contractors500 lists1 hour50038,000
—Designations/additions to list692 Class III Railroads/200 contractors150 additions/designations5 minutes13988
214.507—A-Built Light Weight on New Roadway Maintenance Machines692 Class III Railroads/200 contractors1,000 stickers/stencils5 minutes834,731
214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines692 Class III Railroads/200 contractors3,700 identified mechanisms5 minutes30817,556
214.515—Overhead covers for existing on-track roadway maintenance machines692 Class III Railroads/200 contractors500 requests + 500 responses10 mins + 20 mins25017,423
214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991692 Class III Railroads/200 contractors500 stencils/displays5 minutes422,394
214.523—Hi-Rail Vehicles692 Class III Railroads/200 contractors5,000 records5 minutes41723,769
—Non-complying conditions692 Class III Railroads/200 contractors500 tags + 500 reports10 minutes + 15 minutes20811,856
214.527—Inspection for compliance; Repair schedules692 Class III Railroads/200 contractors550 tags + 550 reports5 minutes + 15 minutes18310,431
214.533—Schedule of repairs; Subject to availability of parts692 Class III Railroads/200 contractors250 records15 minutes634,788
Total741 railroads106,482 responsesN/A6,359444,410

Total Estimated Annual Responses: 106,482.

Total Estimated Annual Burden: 6,359 hours.

Total Estimated Annual Dollar Cost Equivalent: $444,410.

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.

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

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Brett A. Jortland,

Acting Chief Counsel.

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1.  After an internal agency review, FRA updated the PRA estimates.

2.  Throughout the tables in this document, 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.

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3.  After an internal agency review, FRA updated the PRA estimates.

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[FR Doc. 2019-16011 Filed 7-29-19; 8:45 am]