2017-22044. Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), U.S. Department of Transportation.

ACTION:

Notice and request for comments.

SUMMARY:

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks renewed approval of the proposed information collection activities listed below. Before submitting these information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

DATES:

Comments must be received no later than December 11, 2017.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 35, 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 2130-0571” or “Comments on OMB Control Number 2130-0596,” and should also include the title of the collection of information. Alternatively, comments may be faxed to [phone] or [phone], or emailed to Mr. Brogan at [e-mail], or Ms. Toone at [e-mail]. 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.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Safety Regulatory Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: [phone]) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington, DC 20590 (telephone: [phone]).

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 to implement them. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). FRA invites interested respondents to comment on the following summary of proposed information collection activities 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 by automated, electronic, mechanical, or other technological collection techniques and other forms of information technology (e.g., permitting electronic submission of responses). 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.

Below is a brief summary of currently approved information collection activities that FRA will submit for renewed clearance by OMB as required under the PRA:

Title: Occupational Noise Exposure for Railroad Operating Employees.

OMB Control Number: 2130-0571.

Abstract: FRA uses the collection of information to ensure railroads covered by this rule establish and implement noise monitoring, hearing conservation, and audiometric testing programs. This collection also includes hearing conservation training programs that protect railroad employees from the damaging and potentially dangerous effects of excessive noise in the everyday rail environment.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 755 railroads.

Frequency of Submission: On occasion.

Affected Public: Businesses (Railroads, railroads equipment manufacturers).

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
227.13—Waivers	502 railroads	2 petitions	60 minutes	2 hours.
227.103—Noise monitoring program: development and implementation	502 railroads	5 programs	30 hours	150 hours.
—Notification of employee of monitoring	502 railroads	5 lists	30 minutes	3 hours.
227.107—Hearing Conservation Program (HCP)—Development of programs	502 railroads	5 HCPs	31 hours	155 hours.
—Revised hearing conservation programs (HCPs)	502 railroads	5 HCPs	1.75 hours	9 hours.
227.109—Audiometric Testing Program—Existing employees—baseline audiograms	85,600 employees	7,704 tests	25 minutes	3,210 hours.
—Periodic audiograms	85,600 employees	28,530 tests	10 minutes	4,755 hours.
—Evaluation of audiograms	85,600 employees	2,330 ratings + 93 retests	6 min./+ 30 min.	280 hours.
—Problem audiograms/& provision of required documents to medical professional	8,000 employees	45 documents	10 minutes	8 hours.
—Follow-up procedures—notifications	8,000 employees	93 notices	5 minutes	8 hours.
—Fitting/training of employees: hearing protectors	240 employees	240 tr. session	5 minutes	20 hours.
—Referrals for clinical/otological exam	240 employees	20 referrals	2 hours	40 hours.
—Notification to employee of need for otological examination	240 employees	20 notices	5 minutes	2 hours.
—New audiometric interpretation	240 employees	20 notices	5 minutes	2 hours.
227.111—Audiometric test requirements	1,000 mobile vans	1,000 tests	45 minutes	750 hours.
227.117—Hearing protection attenuation—evaluation	502 railroads	50 evaluations	30 minutes	25 hours.
—Re-evaluations of adequacy of hearing protection attenuation when employee noise exposure increases	502 railroads	10 re-evaluations	30 minutes	5 hours.
227.119—Hearing Conservation Training Program—development	502 railroads	5 programs	60 minutes	5 hours.
—Employee HCP Training	502 railroads	26,000 tr. employees	30 minutes	13,000 hours.
—Periodic Training	502 railroads	7,704 tr. employees	30 minutes	3,852 hours.
227.121—Recordkeeping—authorization: records	502 railroads	30 requests + 30 responses	10 minutes + 15 minutes	13 hours.
—Request for copies of reports	502 railroads	150 requests + 150 responses	21 minutes + 45 minutes	166 hours.
—Records transfer when carrier becomes defunct	502 railroads	10 records	24 minutes	4 hours.
—Railroad audiometric test records	502 railroads	26,000 records	2 minutes	867 hours.
—Hearing Conservation Program (HCP): Records	502 railroads	54,000 records	45 seconds	675 hours.
229.121—Locomotive Cab Noise—tests/records and certification	3 equipment manufacturers	610 records + 90 certs	5 minutes + 40 minutes	111 hours.
—Equipment maintenance: excessive noise reports	484 railroads	3,000 reports + 3,000 record	1 minute + 1 minute	100 hours.
—Maintenance records	484 railroads	3,750 records	1 minute	63 hours.
—Internal auditable monitoring systems	484 railroads	22 systems + 2 systems	36 min. + 8.25 hours	30 hours.
Appendix H—Static test protocols/records	700 locomotives	2 retests + 2 records	10 minutes + 5 minutes	1 hour.

Total Estimated Annual Responses: 164,734.

Total Estimated Annual Burden: 28,311 hours.

Type of Request: Extension of a Currently Approved Collection.

Title: Conductor Certification.

OMB Control Number: 2130-0596.

Abstract: FRA's conductor certification regulation (49 CFR part 242) requires railroads to have a formal program for certifying conductors. As part of that program, railroads are required to have a formal process for training prospective conductors and determining that all persons are competent before permitting them to serve as a conductor. FRA intended the regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors. FRA collects information to ensure that railroads and their employees fully comply with all the requirements of part 242, including a conductor certification/recertification program, fitness requirements, initial and periodic testing of conductors, territorial qualifications, etc.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: 704 railroads.

Frequency of Submission: On occasion; annually.

Reporting Burden:

CFR section/subject	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
242.9—Waivers—Petitions	704 railroads	3 petitions	3 hours	9 hours.
242.101/103—Certification programs for new railroads	704 railroads	5 new programs	15.5 hours	78 hours.
—Conductor certification submission: Copies to rail labor organizations—RLO	704 railroads	40 copies	15 minutes	10 hours.
—Affirmative statements that copies of submissions were sent to RLOs	704 railroads	40 avowals	15 minutes	10 hours.
—Certified comments on submissions	704 railroads	15 comments	4 hours	60 hours.
—Certification programs disapproved by FRA and then revised	704 railroads	10 programs	3 hours	30 hours.
—Revised certification programs still not conforming and then resubmitted	704 railroads	3 programs	2 hours	6 hours.
—Certification programs materially modified after initial FRA approval	704 railroads	15 programs	2 hours	30 hours.
—Materially modified programs disapproved by FRA & then revised	704 railroads	3 programs	2 hours	6 hours.
—Revised programs disapproved and then re-submitted	704 railroads	1 program	2 hours	2 hours.
242.105—Implementation Schedule
—Issued certificates (1/3 each year)	704 railroads	16,200 certif	30 minutes	8,100 hours.
—Issued certificates (1/3 each year)	704 railroads	1,800 certif.	30 minutes	900 hours.
—Requests for delayed certification	704 railroads	200 requests	30 minutes	100 hours.
—Testing/evaluation to certify persons	704 railroads	1,000 tests	560 hours	560,000 hours.
—Testing/evaluation to certify conductors (Class III)	704 railroads	100 tests	400 hours	40,000 hours.
242.107—Types of service
—Reclassification to diff. type of cert	704 railroads	25 conductor tests/ratings	8 hours	200 hours.
242.109—Opportunity by RRs for certification candidates to review and comment on prior safety record	704 Railroads	200 records + 200 comment	30 minutes + 10 minutes	133 hours.
242.111—Prior Safety Conduct as Motor Vehicle Operator
—Eligibility determinations	704 Railroads	1,100 ratings	10 minutes	183 hours.
—Initial certification for 60 days	704 Railroads	75 certif	10 minutes	13 hours.
—Recertification for 60 days	704 Railroads	125 re-certif	10 minutes	21 hours.
—Driver info. not provided and request for waiver by persons/railroad	704 Railroads	5 requests	2 hours	10 hours.
—Request to obtain driver's license information from licensing agency	54,000 Conductors/Persons	18,000 requests	15 minutes	4,500 hours.
—Requests for additional information from licensing agency	54,000 Conductors/Persons	25 requests	10 minutes	4 hours.
—Notification to RR by persons of never having a license	54,000 Conductors/Persons	25 notices	10 minutes	4 hours.
—Report of Motor Vehicle Incidents	54,000 Conductors	200 reports	10 minutes	33 hours.
—Evaluation of driving record	54,000 Conductors	18,000 rating	15 minutes	4,500 hours.
—DAC referral by RR after report of driving drug/alcohol incident	704 Railroads	180 referrals	5 minutes	15 hours.
—DAC request and supply by persons of prior counseling or treatment	704 Railroads	5 requests/records	30 minutes	3 hours.
—Conditional certifications recommended by DAC	704 Railroads	50 certificate endorsements	4 hours	200 hours.
242.113—Prior safety conduct as employee of a different railroad	54,000 conductors	360 requests/360 records	15 minutes + 30 minutes	270 hours.
242.115—Determination that person meets eligibility requirements	54,000 conductors	18,000 determination	2 minutes	600 hours.
—Written documents from DAC that person is not affected by a disorder	54,000 conductors	400 docs	30 minutes	200 hours.
—Self-referral by conductors for substance abuse counseling	704 railroads	30 self-referrals	10 minutes	5 hours.
—Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors	704 railroads	18,000 cert. reviews	10 minutes	3,000 hours.
—Written determination that most recent incident has occurred	704 railroads	150 decision.	60 minutes	150 hours.
—Notification to person that recertification has been denied	704 railroads	300 notices	10 minutes	50 hours.
—Persons/conductors waiving investigation/de-certifications	54,000 conductors	300 waivers/de-certs	10 minutes	50 hours.
242.117—Vision and Hearing Acuity
—Determination vision standards met	704 railroads	18,000 deter	20 minutes	6,000 hours.
—Determination hearing standards met	704 railroads	18,000 deter	20 minutes	6,000 hours.
—Additional gap hearing tests	704 railroads	200 deter	20 minutes	67 hours.
—Medical examiner certificate that person has been examined/passed test	704 railroads	18,000 certif	2 hours	36,000 hours.
—Document standards met with conditions	704 railroads	100 docs	30 minutes	50 hours.
—Document standards not met	704 railroads	100 docs	30 minutes	50 hours.
—Notation person needs corrective device (glasses/hearing aid)	704 railroads	10,000 notes	10 minutes	1,667 hours.
—Request for further medical evaluation for new determination	704 railroads	100 requests + 100 ratings	60 minutes + 2 hours	300 hours.
—Request for second retest and another medical evaluation	704 railroads	25 requests + 25 ratings	60 minutes + 2 hours	75 hours.
—Consultations by medical examiners with railroad officer and issue of conditional certification	704 railroads	100 consults + 100 certif	2 hours + 10 minutes	217 hours.
—Notification by certified conductor of deterioration of vision/hearing	704 railroads	10 notices	10 minutes	2 hours.
242.119—Training
—New RRs—Training program	5 railroads	5 programs	3 hours	15 hours.
—Modification to training program	704 railroads	5 program	30 minutes	3 hours.
—Completion of training program by conductors/persons—documents	704 railroads	100 docs	60 minutes	100 hours.
—Conductor refresher training	704 railroads	100 retrained conductors	2 hours	200 hours.
—Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment	704 railroads	24 modified programs	4 hours	96 hours.
—Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics of any assigned territory	704 railroads	1,000 consult	15 minutes	250 hours.
—Familiarization training for conductor of acquiring railroad from selling company/railroad prior to commencement of new operation	704 railroads	10 trained conductors	8 hours	80 hours.
—RR Continuous education/training of conductors	704 railroads	18,000 tr. Conductors	8 hours	144,000 hours.
242.121—Knowledge Testing
—Determining eligibility	704 railroads	18,000 deter	30 minutes	9,000 hours.
—Retests/re-examinations	704 railroads	500 re-tests	8 hours	4,000 hours.
242.123—Monitoring Operational Performance
—Unannounced compliance tests and records	704 railroads	18,000 tests + 18,000 records	10 minutes + 5 minutes	4,500 hours.
—Return to service that requires unannounced compliance test/record	704 railroads	1,000 tests + 1,000 records	10 minutes + 5 minutes	250 hours.
242.125/127—Determination made by RR relying on another railroad's certification	704 railroads	100 decisions	30 minutes	50 hours.
—Determination by Another Country	704 railroads	100 decisions	30 minutes	50 hours.
242.203—Retaining information supporting determination: Records	704 railroads	18,000 records	15 minutes	4,500 hours.
—Amended electronic records	704 railroads	20 records	60 minutes	20 hours.
242.209—Maintenance of Certificates
—Request to display certificate	704 railroads	2,000 request/displays	2 minutes	67 hours.
—Notification by conductors that RR request to serve exceeds certification	704 railroads	1,000 notices	10 minutes	167 hours.
242.211—Replacement of certificates	704 railroads	500 replaced certifications	5 minutes	42 hours.
242.213—Multiple Certificates
—Notification to engineer that no conductor is on train	704 railroads	5 notifications	10 minutes	1 hour.
—Notification of denial of certification by individuals holding multiple certifications	704 railroads	10 notices	10 minutes	2 hours.
242.215—RR Oversight Responsibility
—RR review and analysis of administration of certification program	704 railroads	44 reviews/analyses	40 hours	1,760 hours.
—Report of findings by RR to FRA	704 railroads	36 reports	4 hours	144 hours.
242.301—Determinations—Territorial qualification and joint operations	320 railroads	1,080 deter	15 minutes	270 hours.
—Notification by persons who do not meet territorial qualification	320 railroads	500 notices	10 minutes	83 hours.
242.401—Notification to candidate of information that forms basis for denying certification and candidate response	704 railroads	40 notices + 40 responses	60 minutes/60 minutes	80 hours.
—Written notification of denial of certification	704 railroads	80 notices	60 minutes	80 hours.
242.403/405—Criteria for revoking certification; periods of ineligibility
—Review of compliance conduct	704 railroads	950 reviews	10 minutes	158 hours.
—Written determination that the most recent incident has occurred	704 railroads	950 written determination	60 minutes	950 hours.
242.407—Process for Revoking Certification
—Revocation for violations of section 242.115(e)	704 railroads	950 revoked certificates	8 hours	7,600 hours.
—Immediate suspension of certificate	704 railroads	950 suspend certificates	1 hour	950 hours.
—Determinations based on RR hearing record	704 railroads	950 decisions	15 minutes	238 hours.
—Hearing record	704 railroads	950 records	30 minutes	475 hours.
—Written decisions by RR official	704 railroads	950 decisions	2 hours	1,900 hours.
—Service of written decision on employee by RR + RR service proof	704 railroads	950 decisions + 950 proofs	10 minutes + 5 minutes	238 hours.
—Written waiver of right to hearing	54,000 Conductors	425 waivers	10 minutes	71 hours.
—Revocation of certification based on information that another railroad has done so	704 railroads	15 revoked certifications	10 minutes	3 hours.
—Placing relevant information in record prior to suspending certification/convening hearing	704 railroads	100 updated Records	1 hour	100 hours.

Total Estimated Responses: 268,799.

Total Estimated Total Annual Burden: 856,406 hours.

Type of Request: Extension of a Currently Approved Collection.

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.

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

Brett Jortland,

Acting Deputy Chief Counsel.