89 FR 60 pgs. 21408-21410 - Proposed Agency Information Collection Activities; Comment Request
Type: NOTICEVolume: 89Number: 60Pages: 21408 - 21410
Pages: 21408, 21409, 21410Docket number: [Docket No. FRA–2023–0002–N–47]
FR document: [FR Doc. 2024–06510 Filed 3–26–24; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Railroad Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-47]
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, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 26, 2023, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.
DATES:
Interested persons are invited to submit comments on or before April 26, 2024.
ADDRESSES:
Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting "Currently under Review-Open for Public Comments" or by using the search function.
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 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 December 26, 2023, FRA published a 60-day notice in the Federal Register soliciting public comment on the ICR for which it is now seeking OMB approval. See 88 FR 89020. FRA has received no comments related to the proposed collection of information.
Before OMB decides whether to approve this proposed collection 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.
[top] Comments are invited on the following ICR 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
The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:
Title: Training, Qualification, and Oversight for Safety-Related Railroad Employees.
OMB Control Number: 2130-0597.
Abstract: Regulations under 49 CFR part 243 set forth FRA's minimum training and qualification requirements for each category and subcategory of safety-related railroad employee, regardless of whether the employee is employed by a railroad or a contractor of the railroad. In 2014, FRA published a final rule establishing minimum training standards for all safety-related railroad employees, as required by the Rail Safety Improvement Act (RSIA) of 2008. 1 The final rule required each railroad or contractor that employs one or more safety-related employees to develop and submit a training program to FRA for approval and to designate the minimum training qualifications for each occupational category of employee. Additionally, the rule required most employers to conduct periodic oversight of their own employees and annual written reviews of their training programs to close performance gaps. 2
Footnotes:
1 ?Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162.
2 ?79 FR 66460.
FRA will use the information collected to ensure each employer-railroad or contractor-conducting operations subject to 49 CFR part 243 develops, adopts, submits, and complies with a training program for each category and subcategory of safety-related railroad employee. Each program must have training components identified so that FRA will understand how the program works when it reviews the program for approval. Additionally, FRA will review the required training programs to ensure they include initial, ongoing, and on-the-job training criteria; testing and skills evaluation measures designed to foster continual compliance with Federal standards; and the identification of critical safety defects and plans for immediate remedial actions to correct them.
On December 26, 2023, FRA published a 60-day Federal Register notice that reflected 66,565 total burden hours. See 88 FR 89020. Upon further evaluation, FRA has determined that the training programs requirement under §?243.101(a)(2) has already been completed. As a result, the associated paperwork burden has been removed, and the information collection now correctly reflects the estimated paperwork burden of 16,549 hours for this submission. For additional transparency FRA is including the updated burden table for publication with this 30-day Federal Register Notice.
Type of Request: Extension without change (with changes in estimates) of a currently approved collection.
Affected Public: Businesses (railroads).
Form(s): N/A.
Respondent Universe: 1,155 railroads/contractors/training organizations/learning institutions.
Frequency of Submission: On occasion.
Total Estimated Annual Responses: 163,875.
Total Estimated Annual Burden: 16,549 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,429,526.
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| CFR | Respondent universe | Total annual responses | Average time per response | Total annual burden hours | Wage rates | Total cost equivalent in U.S. dollars |
|---|---|---|---|---|---|---|
| (A) | (B) | (C = A * B) | (D = C * wage rates) | |||
| 243.101(a)(2)-Training program required for each employer not covered by (a)(1) and subject to this part by May 1, 2021 | The PRA burden associated with this requirement has been completed. | |||||
| -(b) Submission by new employers commencing operations after Jan. 1, 2020, not covered by (a)(2) | 10 new railroads/contractors | 10 training programs | 20 hours | 200.00 hours | $123.41 | $24,682.00 |
| -(e) Contractor's duty to validate approved program to a railroad (Revised requirement) | 400 railroad contractors | 150 documents | 15 minutes | 37.50 hours | 85.93 | 3,222.38 |
| -(f) Railroad's duty to retain copies of contractor's validation documents (Revised requirement) | 1,046 railroads/contractors | 1,046 copies | 2 minutes | 34.87 hours | 85.93 | 2,996.38 |
| 243.103(d)-Training components identified in program; modifications to components of the training programs | 1,155 railroads/contractors | 10 modified training programs | 5 hours | 50.00 hours | 85.93 | 4,296.50 |
| 243.109(b)-Previously approved programs requiring an informational filing when modified | 155 railroads/contractors/learning institutions | 75 informational filings | 8 hours | 600.00 hours | 85.93 | 51,558.00 |
| -(c) New portions or substantial revisions to an approved training program | 10 railroads/contractors | 10 revised training programs | 16 hours | 160.00 hours | 85.93 | 13,748.80 |
| -(c) New portions or substantial revisions to an approved training program found non-conforming to this part by FRA-revisions required | 50 railroads/contractors | 50 revised training programs | 8 hours | 400.00 hours | 85.93 | 34,372.00 |
| -(d)(1)(i) Copy of additional submissions, resubmissions, and informational filings to labor organization presidents | 50 railroads/contractors | 50 copies | 10 minutes | 8.33 hours | 85.93 | 715.80 |
| -(d)(1)(ii) Railroad statement affirming that a copy of submissions, resubmissions, or informational filings has been served to labor organization presidents | 228 railroads/contractors | 76 affirming statements | 10 minutes | 12.67 hours | 85.93 | 1,088.73 |
| -(d)(2) Labor comments on railroad training program submissions, resubmissions, or informational filings | 228 railroad labor organizations | 3 comments | 30 minutes | 1.50 hours | 85.93 | 128.90 |
| 243.111(g)-Safety-related railroad employees instructed by training organizations or learning institutions-recordkeeping | 109 training organizations/learning institutions | 5,450 records | 5 minutes | 454.17 hours | 85.93 | 39,026.83 |
| -(h) Training organizations or learning institutions to provide student's training transcript or training record to any employer upon request by the student | 109 training organizations/learning institutions | 545 records | 5 minutes | 45.42 hours | 85.93 | 3,902.94 |
| 243.201(b)-New employers operating after January 1, 2020, not covered by (a)(2), designation of safety-related employees by job category-lists | 10 new railroads/contractors | 10 designation lists | 15 minutes | 2.50 hours | 85.93 | 214.83 |
| 243.201(c)-Training records of newly hired employees or those assigned new safety-related duties | 4,800 employees | 4,800 records | 15 minutes | 1,200.00 hours | 85.93 | 103,116.00 |
| -(d)(1)(i) Requests for relevant qualification or training record from an entity other than current employer | 4,800 employees | 250 record requests | 5 minutes | 20.83 hours | 85.93 | 1,789.92 |
| 243.203(a)-(e)-Recordkeeping-Systems set up to meet FRA requirements-general requirements for qualification status records, accessibility | 10 railroads/contractors/training organizations/learning institutions | 10 record-keeping systems | 30 minutes | 5.00 hours | 85.93 | 429.65 |
| -(f) Transfer of records to successor employer-If an employer ceases to do business and its assets will be transferred to a successor employer, it shall transfer to the successor employer all records required to be maintained under this part, and the successor employer shall retain them for the remainder of the period prescribed in this part | 1,155 railroads/contractors/training organizations/learning institutions | 3 railroads | 30 minutes | 1.50 hours | 85.93 | 128.90 |
| 243.205(c)-Railroad identification of supervisory employees who conduct periodic oversight tests by category/subcategory | 746 railroads | 100 identifications | 5 minutes | 8.33 hours | 85.93 | 715.80 |
| -(f) Notification by railroad of contractor employee non-compliance with federal laws/regulations/orders to employee and employee's employer | 300 contractors | 360 (90 employee + 270 employer notices) | 20 minutes (10 + 10) | 60 hours (15.00 + 45) | 85.93 | 5,155.80 |
| -(i) and (j) Employer records of periodic oversight | 1,046 railroads/contractors | 150,000 records | 5 minutes | 12,500.00 hours | 85.93 | 1,074,125.00 |
| 243.207(a)-Written annual review of safety data (Railroads with 400,000 annual employee work hours or more) | 22 railroads | 22 reviews | 16 hours | 352.00 hours | 85.93 | 30,247.36 |
| -(b) Railroad copy of written annual review at system headquarters | 22 railroads | 22 review copies | 5 minutes | 1.83 hours | 85.93 | 157.25 |
| -(e) Railroad notification to contractor of relevant training program adjustments | 22 railroads | 2 notifications | 15 minutes | 0.50 hour | 85.93 | 42.97 |
| 243.209(a)-(b)-Railroad-maintained list of contractors utilized | 746 railroads | 746 lists | 30 minutes | 373.00 hours | 85.93 | 32,051.89 |
| -(c) Railroad duty to update list of contractors utilized and retain record for at least 3 years showing if a contractor was utilized in last 3 years | 746 railroads | 75 updated lists | 15 minutes | 18.75 hours | 85.93 | 1,611.19 |
| Total? 3 | 1,155 railroads/contractors/training organizations/learning institutions | 163,875 responses | N/A | 16,549 hours | 1,429,526 |
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.
Footnotes:
3 ?Totals may not add up due to rounding.
Authority:
44 U.S.C. 3501-3520.
Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2024-06510 Filed 3-26-24; 8:45 am]
BILLING CODE 4910-06-P