Notice2023-28380
Proposed Agency Information Collection Activities; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 26, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
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[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89020-89023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28380]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2023-0002-N-38]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
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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
February 26, 2024.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on <a href="http://regulations.gov">regulations.gov</a> to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0597) 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 approval.
FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#4726352b22333322692a3234342e29203328290723283369202831"><span class="__cf_email__" data-cfemail="18796a747d6c6c7d36756d6b6b71767f6c7776587c776c367f776e">[email protected]</span></a> or
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#741e1b151a1a115a07031512121b061034101b005a131b02"><span class="__cf_email__" data-cfemail="365c59575858531845415750505944527652594218515940">[email protected]</span></a> 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,
[[Page 89021]]
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 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: Training, Qualification, and Oversight for Safety-Related
Railroad Employees.
OMB Control Number: 2130-0597.
Abstract: The 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\
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\1\ Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified
at 49 U.S.C. 20162.
\2\ 79 FR 66459.
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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. Further, FRA will review the required training programs to
ensure they include initial, ongoing, and on-the-job 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. In
2020, FRA developed requirements for a training program under Sec.
243.101 for each Class I railroad, and each intercity or commuter
passenger railroad conducting operations with 400,000 or more total
annual employee work hours.
In this 60-day notice, FRA makes adjustments that will reduce the
currently approved burden hours from 91,069 to 66,565 hours. The
decrease, after a thorough review, is the result of a reduced estimate
of annual responses for the number of training programs under Sec.
243.103.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 1,155 railroads/contractors/training
organizations/learning institutions.
Frequency of Submission: On occasion.
Total Estimated Annual Responses: 164,275.
Reporting Burden
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Total cost
CFR section Respondent universe Total annual Average time per Total annual Wage rates equivalent in
responses response burden hours U.S. dollars
(A)................. (B)................. (C = A * B) (D = C * wage
rates) \3\
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243.101(a)(2)--Training program 1,046 railroads/ 200 training 250 hours........... 50,000.00 $85.93 $4,296,500.00
required for each employer not contractors. programs.
covered by (a)(1) and subject to
this part by May 1, 2021.
--(b) Submission by new employers 10 new railroads/ 10 training programs 20 hours............ 200.00 123.41 24,682.00
commencing operations after Jan. contractors.
1, 2020, not covered by (a)(2).
--(e) Contractor's duty to 400 railroad 150 documents....... 15 minutes.......... 37.50 85.93 3,222.38
validate approved program to a contractors.
railroad (Revised requirement).
--(f) Railroad's duty to retain 1,046 railroads/ 1,046 copies........ 2 minutes........... 34.87 85.93 2,996.38
copies of contractor's validation contractors.
documents (Revised requirement).
243.103(d)--Training components 1,155 railroads/ 10 modified training 5 hours............. 50.00 85.93 4,296.50
identified in program; contractors. programs.
modifications to components of
the training programs.
243.109(b)--Previously approved 155 railroads/ 75 informational 8 hours............. 600.00 85.93 51,558.00
programs requiring an contractors/learning filings.
informational filing when institutions.
modified.
--(c) New portions or substantial 10 railroads/ 10 revised training 16 hours............ 160.00 85.93 13,748.80
revisions to an approved training contractors. programs.
program.
--(c) New portions or substantial 50 railroads/ 50 revised training 8 hours............. 400.00 85.93 34,372.00
revisions to an approved training contractors. programs.
program found non-conforming to
this part by FRA--revisions
required.
--(d)(1)(i) Copy of additional 50 railroads/ 50 copies........... 10 minutes.......... 8.33 85.93 715.80
submissions, resubmissions, and contractors.
informational filings to labor
organization presidents.
--(d)(1)(ii) Railroad statement 228 railroads/ 76 affirming 10 minutes.......... 12.67 85.93 1,088.73
affirming that a copy of contractors. statements.
submissions, resubmissions, or
informational filings has been
served to labor organization
presidents.
[[Page 89022]]
--(d)(2) Labor comments on 228 railroad labor 3 comments.......... 30 minutes.......... 1.50 85.93 128.90
railroad training program organizations.
submissions, resubmissions, or
informational filings.
243.111(g)--Safety-related 109 training 5,450 records....... 5 minutes........... 454.17 85.93 39,026.83
railroad employees instructed by organizations/
training organizations or learning
learning institution-- institutions.
recordkeeping.
--(h) Training organizations or 109 training 545 records......... 5 minutes........... 45.42 85.93 3,902.94
learning institutions to provide organizations/
student's training transcript or learning
training record to any employer institutions.
upon request by the student.
--(b) New employers operating 10 new railroads/ 10 designation lists 15 minutes.......... 2.50 85.93 214.83
after January 1, 2020, not contractors.
covered by (a)(2), designation of
safety-related employees by job
category--lists.
--(c) Training records of newly 4,800 employees...... 4,800 records....... 15 minutes.......... 1,200.00 85.93 103,116.00
hired employees or those assigned
new safety-related duties.
--(d)(1)(i) Requests for relevant 4,800 employees...... 250 record requests. 5 minutes........... 20.83 85.93 1,789.92
qualification or training record
from an entity other than current
employer.
243.203--(a)-(e) Recordkeeping-- 10 railroads/ 10 recordkeeping 30 minutes.......... 5.00 85.93 429.65
Systems set up to meet FRA contractors/training systems.
requirements--general organizations/
requirements for qualification learning
status records, accessibility. institutions.
--(f) Transfer of records to 1,155 railroads/ 3 railroads......... 30 minutes.......... 1.50 85.93 128.90
successor employer--If an contractors/training
employer ceases to do business organizations/
and its assets will be learning
transferred to a successor institutions.
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.
243.205(c)--Railroad 746 railroads........ 300 identifications. 5 minutes........... 24.90 85.93 2,139.66
identification of supervisory
employees who conduct periodic
oversight tests by category/
subcategory.
--(f) Notification by RR of 300 contractors...... 90 employee notices. 10 minutes.......... 15.00 85.93 1,288.95
contractor employee non-
compliance with federal laws/
regulations/orders to employee
and employee's employer.
--(f) Notification by RR of 300 contractors...... 270 employer notices 10 minutes.......... 45.00 85.93 3,866.85
contractor employee non-
compliance with federal laws/
regulations/orders to employee
and employee's employer.
--(i) and (j) Employer records of 1,046 railroads/ 150,000 records..... 5 minutes........... 12,500.00 85.93 1,074,125.00
periodic oversight. contractors.
243.207(a)--Written annual review 22 railroads......... 22 reviews.......... 16 hours............ 352.00 85.93 30,247.36
of safety data (Railroads with
400,000 annual employee work
hours or more).
--(b) Railroad copy of written 22 railroads......... 22 review copies.... 5 minutes........... 1.83 85.93 157.25
annual review at system
headquarters.
--(e) Railroad notification to 22 railroads......... 2 notifications..... 15 minutes.......... 0.50 85.93 42.97
contractor of relevant training
program adjustments.
243.209(a)-(b)--Railroad- 746 railroads........ 746 lists........... 30 minutes.......... 373.00 85.93 32,051.89
maintained list of contractors
utilized.
--(c) Railroad duty to update list 746 railroads........ 75 updated lists.... 15 minutes.......... 18.75 85.93 1,611.19
of contractors utilized and
retain record for at least 3
years showing if a contractor was
utilized in last 3 years.
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Total \4\..................... 1,155 railroads/ 164,275 responses... N/A................. 66,565 .............. 5,727,450
contractors/training
organizations/
learning
institutions.
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Total Estimated Annual Responses: 164,275.
Total Estimated Annual Burden: 66,565.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$5,727,450.
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
[[Page 89023]]
not display a currently valid OMB control number.
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\3\ Throughout the tables in this document, the dollar
equivalent cost is derived from the 2022 Surface Transportation
Board Full Year Wage A & B data series using the appropriate
employee group to calculate the average hourly rate that includes 75
percent overhead.
\4\ Totals may not add up due to rounding.
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Authority: 44 U.S.C. 3501-3520.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-28380 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-06-P
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