2014-20911. Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Notice.

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 the information collection requests (ICRs) below 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 November 3, 2014.

ADDRESSES:

Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590, or Ms. Kimberly Toone, 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, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: [phone]) or Ms. Kimberly Toone, 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 currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA:

Title: Roadway Worker Protection.

OMB Control Number: 2130-0539.

Abstract: This rule establishes regulations governing the protection of railroad employees working on or near railroad tracks. The regulation requires that each railroad devise and adopt a program of on-track safety to provide employees working along the railroad with protection from the hazards of being struck by a train or other on-track equipment. Elements of this on-track safety program include an on-track safety manual; a clear delineation of employers' responsibilities, as well as employees' rights and responsibilities thereto; well-defined procedures for communication and protection; and annual on-track safety training. The program adopted by each railroad is subject to review and approval by FRA. Part 214 regulations have been deemed different enough from the part 213 regulations as to require a separate and distinct reporting form (new Form FRA F 6180.119). Regardless of discipline, the FRA inspector will complete the new Roadway Workplace Safety Violation Report Form (FRA F 6180.119) when recommending civil penalties for part 214 infractions.

Form Number(s): FRA F 6180.119.

Affected Public: Businesses/Individuals.

Respondent Universe: 718 Railroads; 50,000 Roadway Workers.

Frequency of Submission: On occasion.

Reporting Burden:

CFR Section	Respondent universe	Total annual responses	Average time per response	Total annual burden hours
Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report	350 Safety Inspectors	150 forms	4 hours	600
214.303—Railroad On-Track Safety Programs:
—Amendments to Programs	60 Railroads	20 amend. + 584 amend	20 hours; 4 hrs	2,736
—Subsequent Years: New Programs	5 New Railroads	5 new prog.	250 hours	1,250
214.313—Good Faith Challenges to On-Track Safety Rules	20 Railroads	80 challenges	4 hours per challenge	320
214.315/335—Supervision +communication:
—Regular Job Briefings	50,000 Rdwy Workers	16,350,000 brf	2 minutes	545,000
—Adjacent-Track Safety Briefings (New)	24,500 Rdwy Workers	2,403,450 brf.	30 seconds	20,029
214.321—Exclusive Track Occupancy: Working Limits:
—Written authority to roadway worker in charge	8,583 Roadway Workers	700,739 authorities	1 minute	11,679
214.325—Train Coordination—Establishing Working Limits through Communication	50,00 Roadway Workers	36,500 comm.	15 seconds	152
214.327—Inaccessible Track:
—Working Limits on Non-controlled Track: Notifications	718 Railroads	50,000 notifications	10 minutes	8,333
214.336—Procedures for Adjacent-Track Movements Over 25 mph:
—Notifications/Watchmen/Lookout Warnings	100 Railroads	10,000 notific.	15 seconds	42
—Roadway Worker Communication with Train Engineers or Equipment Operators	100 Railroads	3,000 comm.	1 minute	50
—Procedures for Adjacent-Track Movements 25 mph or less	100 Railroads	3,000 notific.	15 seconds	13
—Notifications/Watchmen/Lookout Warnings
—Roadway Worker Communication with Train Engineers or Equipment Operators	100 Railroads	1,500 comm	1 minute	25
—Exceptions to the requirements in paragraphs (a), (b), and (c) for adjacent-controlled-track on-track safety: Work activities involving certain equipment and purposes—On-Track Job Safety Briefings	100 Railroads	1,030,050 briefings	15 seconds	4,292
214.337—On-Track Safety Procedures for Lone Workers: Statements by Lone Workers	718 Railroads	2,080,000 statements	30 seconds	17,333
214.343/345/347/349/351/353/355—training	50,000 Rdwy Workers	50,000 tr. RW	4.5 hours	225,000
—Additional on-track safety training (New)	35,000 Rdwy Workers	35,000 tr. RW	5 min.	2,917
—Records of Training	50,000 Roadway Workers	50,000 records	2 min.	1,667
214.503—Good Faith Challenges; Procedures for Notification and Resolution:
—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition	50,000 Rdwy Workers	125 notific.	10 minutes	21
—Resolution Procedures	644 Railroads	10 procedures	2 hours	20
214.505—Required Environmental Control and Protection Systems for New On-Track Roadway Maintenance Machines with Enclosed Cabs:	644 Railroads/200 contractors	500 lists	1 hour	500
—Designations/Additions to List	644 Railroads/200 contractors	150 additions/designations	5 minutes	13
214.507—A-Built Light Weight on New Roadway Maintenance Machines	644 Railroads	1,000 stickers	5 minutes	83
214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines	644 Railroads	3,700 identified mechanisms	5 minutes	308
214.513—Retrofitting of Existing On-Track Roadway Maintenance Machines:
—Identification of Triggering Mechanism—Horns	703 Railroads	200 mechanisms	5 minutes	17
214.515—Overhead Covers for Existing On-Track Roadway Maintenance Machines	644 Railroads	500 requests + 500 responses	10 minutes; 20 minutes	250
214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991	644 Railroads	500 stencils	5 minutes	42
214.518—Safe and Secure Position for riders:
—Positions identified by stencilings/markings/notices	644 Railroads	1,000 stencils	5 minutes	83
214.523—Hi-Rail Vehicles—Inspections/Records:	644 Railroads	2,000 records	60 minutes	2,000
—Non-Complying Conditions	644 Railroads	500 tags + 500 reports	10 min.; 15 min	208
214.527—On-Track Roadway Maintenance Machine; Inspection for Compliance and Repair Schedules	644 Railroads	550 tags + 550 reports	5 min.; 15 min	184
214.533—Schedule of Repairs Subject to Availability of Parts—Records of Compliance with this Section	644 Railroads	250 records	15 minutes	63

Total Estimated Responses: 22,816,613.

Total Estimated Annual Burden: 845,230 hours.

Status: Extension of a Currently Approved Collection.

Title: Conductor Certification.

OMB Control Number: 2130-0596.

Abstract: On November 9, 2011, FRA issued regulations for certification of conductors, as required by the Rail Safety Improvement Act of 2008. See 76 FR 69802. This rule 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 issued this regulation to ensure that only those persons who meet minimum Federal safety standards serve as conductors, to reduce the rate and number of accidents and incidents, and to improve railroad safety. Although this rule does not propose any specific amendments to the regulation governing locomotive engineer certification, it does highlight areas in that regulation that may require conforming changes. The information collected under this rule is used by FRA 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: 677 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	677 railroads	10 petitions	3 hours	30
242.101/103—Certification Program: Written Program for Certifying Conductors	677 railroads	678 programs	160 hrs./581 Hrs./15.5 hrs.	16,799
Approval of Design of Programs:
—Certification Programs for New RRs	6 railroads	6 new prog.	15.5 hours	93
—Conductor Certification Submission Copies to Rail Labor Organizations	677 railroads	200 copies	15 minutes	50
—Affirmative Statements that Copies of Submissions Sent to RLOs	677 railroads	200 statements	15 minutes	50
—Certified Comments on Submissions	677 railroads	35 comments	4 hours	140
—Certification Programs Disapproved by FRA and then Revised	677 railroads	10 programs	4 hours	40
—Revised Certification Programs Still Not Conforming and Then Resubmitted	677 railroads	3 programs	2 hours	6
—Certification Programs Materially Modified After Initial FRA Approval	677 railroads	50 programs	2 hours	100
—Materially Modified Programs Disapproved by FRA & Then Revised	677 railroads	3 programs	2 hours	6 hours
—Revised Programs Disapproved and Then Resubmitted	677 railroads	1 program	2 hours	2 hours
242.105 —Implementation Schedule:
—Designation of Certified Conductors (Class I Railroads)	677 railroads	48,600 designations	5 minutes	4,050
—Issued Certificates (1/3 each year)	677 railroads	16,200 certif.	1 hour	16,200
—Designation of Certified Conductors (Class II and III Railroads)	677 railroads	5,400 design.	5 minutes	450
—Issued Certificates (1/3 each year)	677 railroads	1,800 certif.	1 hour	1,800
—Requests for Delayed Certification	677 railroads	5,000 request	30 minutes	2,500
—Testing/Evaluation to Certify Persons	677 railroads	1,000 tests	560 hours	560,000
—Testing/Evaluation to Certify Conductors (Class III)	627 railroads	100 tests	400 hours	40,000
242.107—Types of Service—Reclassification to Diff. Type of Cert.	677 railroads	25 conductor Tests/Evaluations	8 hours	200
242.109—Opportunity by RRs for Certification Candidates to Review and Comment on Prior Safety Record	677 Railroads	200 records + 200 comments	30 minutes + 10 minutes	133
242.111—Prior Safety Conduct As Motor Vehicle Operator:
—Eligibility Determinations	677 Railroads	1,100 dtrmin.	10 minutes	183
—Initial Certification for 60 Days	677 Railroads	75 certific.	10 minutes	13
—Recertification for 60 Days	677 Railroads	125 recertif.	10 minutes	21
—Driver Info. Not Provided and Request for Waiver by Persons/RR	677 Railroads	25 requests	2 hours	50
—Request to Obtain Driver's License Information From Licensing Agency	54,000 Conductors/Persons	18,000 req.	15 minutes	4,500
—Requests for Additional Information From Licensing Agency	54,000 Conductors/Persons	25 requests	10 minutes	4
—Notification to RR by Persons of Never Having a License	54,000 Conductors/Persons	2 notifications	10 minutes	.33
—Report of Motor Vehicle Incidents	54,000 Conductors	200 reports	10 minutes	33
—Evaluation of Driving Record	54,000 Conductors	18,000 eval.	15 minutes	4,500
—DAC Referral by RR After Report of Driving Drug/Alcohol Incident	677 Railroads	180 referrals	5 minutes	15
—DAC Request and Supply by Persons of Prior Counseling or Treatment	677 Railroads	5 requests/Records	30 minutes	3
—Conditional Certifications Recommended by DAC	677 Railroads	50 certificat.	4 hours	200
242.113—Prior Safety Conduct As Employee of a Different Railroad	54,000 conductors	360 requests/ 360 records	15 minutes + 30 minutes	270
242.115—Substance Abuse Disorders and Alcohol Drug Rules Compliance:
—Meeting Section's Eligibility Reqmnt	54,000 conductors	18,000 determinations	2 minutes	600
—Written Documents from DAC Person Not Affected by a Disorder	677 railroads	400 docs.	30 minutes	200
—Self-Referral by Conductors for Substance Abuse Counseling	54,000 conductors	10 self-referrals	10 minutes	2
—Certification Reviews for Occurrence/Documentation of Prior Alcohol/Drug Conduct by Persons/Conductors	677 railroads	18,000 reviews	10 minutes	3,000
—Written Determination That Most Recent Incident Has Occurred	677 railroads	150 determin.	60 minutes	150
—Notification to Person That Recertification Has Been Denied	677 railroads	150 notific.	10 minutes	25
—Persons/Conductors Waiving Investigation	54,000 conductors	100 waivers	10 minutes	17
242.117—Vision and Hearing Acuity:
—Determination Vision Standards Met	677 railroads	18,000 deter.	20 minutes	6,000
—Determination Hearing Stds. Met	677 railroads	18,000 deter.	20 minutes	6,000
—Additional Gap Hearing Tests	677 railroads	200 deter.	20 minutes	67
—Medical Examiner Certificate That Person Has Been Examined/Passed Test	677 railroads	18,000 certif.	2 hours	36,000
—Document Standards Met with Conditions	677 railroads	50 document	30 minutes	25
—Document Standards Not Met	677 railroads	25 document	30 minutes	13
—Notation Person Needs Corrective Device (Glasses/Hearing Aid)	677 railroads	10,000 notes	10 minutes	1,667
—Request for Further Medical Evaluation for New Determination	677 railroads	100 requests + 100 Evals.	60 minutes + 2 hours	300
—Request for Second Retest and Another Medical Evaluation	677 railroads	25 requests + 25 Evals.	60 minutes + 2 hours	75
—Copies of Part 242 Provided to RR Medical Examiners	677 railroads	677 copies	60 minutes	677
—Consultations by Medical Examiners with Railroad Officer and Issue of Conditional Certification	677 railroads	100 consults + 100 certif.	2 hours + 10 minutes	217
—Notification by Certified Conductor of Deterioration of Vision/Hearing	677 railroads	10 notific.	10 minutes	2
242.119—Training:
—Completion of Training Program	677 railroads	678 Programs	36 hours/70 hrs/3 hrs	3,751
—Modification to Training Program	677 railroads	678 Programs	12 hrs/20 hrs/30 min.	934
—Completion of Training Program by Conductors/Persons + Documents	54,000 Conductors	18,000 Docs/18,000 Cond.	1 hour/560 hours	10,098,000
—Modification of Training Program Due to New Laws/Regulations	677 railroads	30 programs	4 hours	120
—Consultation with Supervisory Employee During Written Test	677 railroads	1,000 consult	15 minutes	250
—Familiarization Training Upon Transfer of RR Ownership	677 railroads	10 trained Conductors	8 hours	80
—Continuing Education of Conductors	677 railroads	18,000 cont. trained cond.	8 hours	144,000
242.121—Knowledge Testing:
—Determining Eligibility	677 railroads	18,000 deter.	30 minutes	9,000
—Retests/Re-Examinations	677 railroads	500 Retests	8 hours	4,000
242.123—Monitoring Operational Performance:
—Unannounced Compliance Tests and Records	677 railroads	18,000 tests + 18,000 recd	10 minutes + 5 minutes	4,500
—Return to Service That Requires Unannounced Compliance Test/Record	677 railroads	1,000 tests + 1,000 records	10 minutes + 5 minutes	250
242.125/127—Certificate Determination by Other Railroads/Other Country:
—Determination Made by RR Relying on Another RR's Certification	677 railroads	100 determin.	30 minutes	50
—Determination by Another Country	677 railroads	200 determin.	30 minutes	100
242.203—Retaining Information Supporting Determination—Records	677 railroads	18,000 recds	15 minutes	4,500
—Amended Electronic Records	677 railroads	20 records	60 minutes	20
242.205—List of Certified Conductors Working in Joint Territory	677 railroads	625 lists	60 minutes	625
242.209—Maintenance of Certificates:
—Request to Display Certificate	677 railroads	2,000 request/displays	2 minutes	67
—Notification That Request to Serve Exceeds Certification	677 railroads	1,000 notif.	10 minutes	167
242.211—Replacement of Certificates	677 railroads	500 certific.	5 minutes	42
242.213—Multiple Certificates:
—Notification to Engineer That No Conductor Is On Train	677 railroads	5 notification	10 minutes	1
—Notification of Denial of Certification by Individuals Holding Multiple Certifications	677 railroads	10 notific.	10 minutes	2
242.215—RR Oversight Responsibility:
—RR Review and Analysis of Administration of Certification Program	677 railroads	44 reviews/Analyses	40 hours	1,760
—Report of Findings by RR to FRA	677 railroads	36 reports	4 hours	144
242.301—Determinations—Territorial Qualification and Joint Operations	320 railroads	1,080 Deter.	15 minutes	270
—Notification by Persons Who Do Not Meet Territorial Qualification	320 railroads	500 Notific.	10 minutes	83
242.401—Notification to Candidate of Information That Forms Basis for Denying Certification and Candidate Response	677 railroads	40 notific. + 40 responses	60 minutes/60 minutes	80
—Written Notification of Denial of Certification	677 railroads	40 notific.	60 minutes	40
242.403/405—Criteria for Revoking Certification; Periods of Ineligibility:
—Review of Compliance Conduct	677 railroads	950 reviews	10 minutes	158
—Written Determination That the Most Recent Incident Has Occurred	677 railroads	950 determin.	60 minutes	950
242.407—Process for Revoking Certification:
—Revocation for Violations of Section 242.115(e)	677 railroads	950 Revoked Certificates	8 hours	7,600
—Immediate Suspension of Certificate	677 railroads	950 suspend Certificates	1 hour	950
—Determinations Based on RR Hearing Record	677 railroads	950 determin.	15 minutes	238
—Hearing Record	677 railroads	950 records	30 minutes	475
—Written Decisions by RR Official	677 railroads	950 decisions	2 hours	1,900
—Service of Written Decision on Employee by RR + RR Service Proof	677 railroads	950 decisions + 950 proofs	10 minutes + 5 minutes	238
—Written Waiver of Right to Hearing	54,000 Conductors	425 waivers	10 minutes	71
—Revocation of Certification Based on Information That Another Railroad Has Done So	677 railroads	15 revoked Certifications	10 minutes	3
—Placing Relevant Information in Record Prior to Suspending Certification/Convening Hearing	677 railroads	100 updated records	1 hour	100

Total Estimated Responses: 354,076.

Total Estimated Total Annual Burden: 3,972,997 hours.

Status: Extension of a Currently Approved Collection.

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 August 28, 2014.

Rebecca Pennington,

Chief Financial Officer.