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Start Preamble
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.
Start Further InfoFOR 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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. See44 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. See88 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 also60 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 Start Printed 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]
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. See88 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.
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 Start Printed Page 21410 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.
Start SignatureChristopher S. Van Nostrand,
Acting Deputy Chief Counsel.
Footnotes
1. Public Law 110–432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162.
Back to Citation3. Totals may not add up due to rounding.
Back to Citation[FR Doc. 2024–06510 Filed 3–26–24; 8:45 am]
BILLING CODE 4910–06–P
Document Information
- Published:
- 03/27/2024
- Department:
- Federal Railroad Administration
- Entry Type:
- Notice
- Action:
- Notice of information collection; request for comment.
- Document Number:
- 2024-06510
- Dates:
- Interested persons are invited to submit comments on or before April 26, 2024.
- Pages:
- 21408-21410 (3 pages)
- Docket Numbers:
- Docket No. FRA-2023-0002-N-47
- PDF File:
- 2024-06510.pdf
- Supporting Documents:
- » Class I Freight-Train Length Reporting, FRA F 6180.277