2016-03754. Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation.

ACTION:

Notice and request for comments.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requests (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

DATES:

Comments must be received no later than April 25, 2016.

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 Safety, Regulatory Safety Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590, or Ms. Kimberly Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. 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-_____”. Alternatively, comments may be transmitted via facsimile to [phone] or [phone], or via email to Mr. Brogan at [e-mail], or to 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 Safety, Regulatory Safety Analysis Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone: [phone]) or Ms. Kimberly Toone, Information Collection Clearance Officer, Office of Information Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: [phone]). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 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 for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) 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; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)-(iv); 5 CFR 1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a “user friendly” format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501.

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

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.

Form Number(s): N/A.

Affected Public: Businesses.

Respondent Universe: States and Railroads.

Frequency of Submission: On occasion.

Respondent Universe: 5 Manufacturers.

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
215.11—Designation of Inspectors—Written Records	673 railroads	1,200 records	2 minutes	40

Frequency of Submission: On occasion.

Total Estimated Responses: 1,200.

Total Estimated Total Annual Burden: 40 hours.

Type of Request: Extension of a currently approved collection.

Title: Qualifications for 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 that FRA 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.

Affected Public: Businesses.

Respondent Universe: 733 railroads.

Frequency of Submission: On occasion; annually; tri-annually.

Reporting Burden:

CFR section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
240.9—Waivers	763 railroads	3 waiver petitions	90 minutes	5
240.101/103:—Cert. Prog.—Amendmnts:	763 railroads	50 amendments	1 hour	50
240.105(b)—Selection Criteria for DSLEs—Exams (c) Written Reports/	763 railroads	50 examinations	1 hour	50
240.109/App. C—Prior Safety Conduct Data	17,667 candidates	25 responses	60 minutes	25
240.111/App C—Driver's License Data	17,667 candidates	17,667 requests	15 minutes	4,417
240.111(g)—Notice to RR of Absence of License	53,000 candidates	4 letters	15 minutes	1
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op	763 railroads	200 phone calls	10 minutes	33
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR	17,667 candidates	353 requests + 353 responses	15 min./30 min	265
240.119—Self-referral to EAP re: active substance abuse disorder	53,000 locomotive engineers	50 self-referrals	5 minutes	4
240.121—Criteria—Vision/Hearing Acuity Data—New Railroads	20 railroads	20 copies	15 minutes	5
240.121—Criteria—Vision/Hearing Acuity Data—Cond. Certification	763 railroads	20 reports	1 hour	20
240.121—Criteria—Vision/Hearing Acuity Data—Not Meeting Standards—Notice by Employee	763 railroads	10 notifications	15 minutes	3
240.127—Criteria for Examining Skill Performance—Modification to Certification Program to Include Scoring System	763 railroads	191 amended programs	48 hours + 8 hours	1,968
240.201/221—List of Qualified DSLEs	763 railroads	763 updates	60 minutes	763
240.201/221—List of Qualified Loco. Engineers	763 railroads	763 updated lists	60 minutes	763
240.201/223/301—Loco. Engineers Certificate	53,000 candidates	17,667 certificates	5 minutes	1,472
240.205—Data to EAP Counselor	763 railroads	177 records	5 minutes	15
240.207—Medical Certificate Showing Hearing/Vision Standards are Met	53,000 candidates	17,667 certificates	70 minutes	20,612
240.219—Denial of Certification	17,667 candidates	30 letters + 30 responses	1 hour	60
240.227—Canadian Certification Data	N/A	N/A	N/A	N/A
240. 229—Joint Operations—Notice—not qualified	321 railroads	184 employee calls	5 minutes	15
240.309—RR Oversight Resp.: Detected Poor Safety Conduct—Annotation	15 railroads	6 annotations	15 minutes	2
Testing Requirements:	240.209/213—Written Tests	53,000 candidates	17,667 tests	2 hours
240.211/213—Performance Test	53,000 candidates	17,667 tests	2 hours	35,334
240.303—Annual operational monitor observation	53,000 candidates	53,000 tests/docs	2 hours	106,000
240.303—Annual operating rules compliance test	53,000 candidates	53,000 tests	1 hour	53,000
Recordkeeping:	240.215—Retaining Info. Supporting Determination	763 railroads	17,667 records	30 minutes
240.305—Engineer's Notice of Non-Qualification to RR:	53,000 engineers or candidates	100 notifications	5 minutes	8
240.307—Notice to Engineer of Disqualification	763 railroads	900 letters	1 hour	900
240.309—Railroad Annual Review	51 railroads	51 reviews	40 hours	2,040

Total Responses: 216,863.

Estimated Total Annual Burden: 272,672 hours.

Status: Regular Review.

Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 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.

Issued in Washington, DC, on February 18, 2016.

Corey Hill,

Acting Executive Director.