Notice2024-06510
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
March 27, 2024
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
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[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21408-21410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06510]
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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.
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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
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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: <a href="/cdn-cgi/l/email-protection#a0c1d2ccc5d4d4c58ecdd5d3d3c9cec7d4cfcee0c4cfd48ec7cfd6"><span class="__cf_email__" data-cfemail="4726352b22333322692a3234342e29203328290723283369202831">[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#33595c525d5d561d40445255555c415773575c471d545c45"><span class="__cf_email__" data-cfemail="9bf1f4faf5f5feb5e8ecfafdfdf4e9ffdbfff4efb5fcf4ed">[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
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.
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
[[Page 21409]]
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 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\
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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 66460.
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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. 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 Sec. 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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Total cost
CFR Respondent universe Total annual Average time per Total annual burden Wage equivalent in
responses response hours rates U.S. dollars
(A).................. (B)................ (C = A * B)............ ........ (D = C * wage
rates)
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243.101(a)(2)--Training program The PRA burden associated with this requirement has been completed.
required for each employer not
covered by (a)(1) and subject to
this part by May 1, 2021.
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--(b) Submission by new employers 10 new railroads/ 10 training programs. 20 hours........... 200.00 hours........... $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 hours............ 85.93 3,222.38
validate approved program to contractors.
a railroad (Revised
requirement).
--(f) Railroad's duty to 1,046 railroads/ 1,046 copies......... 2 minutes.......... 34.87 hours............ 85.93 2,996.38
retain copies of contractor's contractors.
validation documents (Revised
requirement).
243.103(d)--Training components 1,155 railroads/ 10 modified training 5 hours............ 50.00 hours............ 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 hours........... 85.93 51,558.00
programs requiring an contractors/learning filings.
informational filing when institutions.
modified.
--(c) New portions or 10 railroads/ 10 revised training 16 hours........... 160.00 hours........... 85.93 13,748.80
substantial revisions to an contractors. programs.
approved training program.
--(c) New portions or 50 railroads/ 50 revised training 8 hours............ 400.00 hours........... 85.93 34,372.00
substantial revisions to an contractors. programs.
approved training 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 hours............. 85.93 715.80
submissions, resubmissions, contractors.
and informational filings to
labor organization presidents.
--(d)(1)(ii) Railroad 228 railroads/ 76 affirming 10 minutes......... 12.67 hours............ 85.93 1,088.73
statement affirming that a contractors. statements.
copy of submissions,
resubmissions, or
informational filings has
been served to labor
organization presidents.
--(d)(2) Labor comments on 228 railroad labor 3 comments........... 30 minutes......... 1.50 hours............. 85.93 128.90
railroad training program organizations.
submissions, resubmissions,
or informational filings.
[[Page 21410]]
243.111(g)--Safety-related 109 training 5,450 records........ 5 minutes.......... 454.17 hours........... 85.93 39,026.83
railroad employees instructed by organizations/
training organizations or learning
learning institutions-- institutions.
recordkeeping.
--(h) Training organizations 109 training 545 records.......... 5 minutes.......... 45.42 hours............ 85.93 3,902.94
or learning institutions to organizations/
provide student's training learning
transcript or training record institutions.
to any employer upon request
by the student.
243.201(b)--New employers 10 new railroads/ 10 designation lists. 15 minutes......... 2.50 hours............. 85.93 214.83
operating after January 1, 2020, contractors.
not covered by (a)(2),
designation of safety-related
employees by job category--lists.
243.201(c)--Training records of 4,800 employees...... 4,800 records........ 15 minutes......... 1,200.00 hours......... 85.93 103,116.00
newly hired employees or those
assigned new safety-related
duties.
--(d)(1)(i) Requests for 4,800 employees...... 250 record requests.. 5 minutes.......... 20.83 hours............ 85.93 1,789.92
relevant qualification or
training record from an
entity other than current
employer.
243.203(a)-(e)--Recordkeeping--Sys 10 railroads/ 10 record-keeping 30 minutes......... 5.00 hours............. 85.93 429.65
tems 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 hours............. 85.93 128.90
successor employer--If an contractors/training
employer ceases to do organizations/
business and its assets will learning
be 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........ 100 identifications.. 5 minutes.......... 8.33 hours............. 85.93 715.80
identification of supervisory
employees who conduct periodic
oversight tests by category/
subcategory.
--(f) Notification by railroad 300 contractors...... 360 (90 employee + 20 minutes (10 + 60 hours (15.00 + 45).. 85.93 5,155.80
of contractor employee non- 270 employer 10).
compliance with federal laws/ notices).
regulations/orders to
employee and employee's
employer.
--(i) and (j) Employer records 1,046 railroads/ 150,000 records...... 5 minutes.......... 12,500.00 hours........ 85.93 1,074,125.00
of periodic oversight. contractors.
243.207(a)--Written annual review 22 railroads......... 22 reviews........... 16 hours........... 352.00 hours........... 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 hours............. 85.93 157.25
annual review at system
headquarters.
--(e) Railroad notification to 22 railroads......... 2 notifications...... 15 minutes......... 0.50 hour.............. 85.93 42.97
contractor of relevant
training program adjustments.
243.209(a)-(b)--Railroad- 746 railroads........ 746 lists............ 30 minutes......... 373.00 hours........... 85.93 32,051.89
maintained list of contractors
utilized.
--(c) Railroad duty to update 746 railroads........ 75 updated lists..... 15 minutes......... 18.75 hours............ 85.93 1,611.19
list 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 \3\................. 1,155 railroads/ 163,875 responses.... N/A................ 16,549 hours........... ........ 1,429,526
contractors/training
organizations/
learning
institutions.
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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.
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\3\ Totals may not add up due to rounding.
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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
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