[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61085-61087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21527]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-23]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), U.S. 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, FRA seeks approval of the Information 
Collection Request (ICR) abstracted below. Before submitting this ICR 
to the Office of Management and Budget (OMB) for approval, FRA is 
soliciting public comment on specific aspects of the activities 
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before 
November 30, 2020.

ADDRESSES: Submit comments and recommendations for the proposed ICR to 
Ms. Hodan Wells, Information Collection Clearance Officer at email: 
[email protected] or telephone: (202) 493-0440. 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.

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 of the activities. 
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, 
FRA invites interested parties to comment on the following ICR 
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, including the use of automated collection techniques or 
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may 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) organize 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.
    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: 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 of 2008. The final rule 
requires 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 requires most 
employers to conduct periodic oversight of their own employees and 
annual written reviews of their training programs to close performance 
gaps.
    FRA will use the information collected to ensure each employer--
railroad or contractor--conducting operations subject to 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. Further, FRA will review the required training programs to 
ensure they include: Initial, ongoing, and on-the-job 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.
    In response to petitions for reconsideration, FRA has extended the 
effective date for developing the required training program under Sec.  
243.101 for employers with 400,000 or more total annual employee work 
hours

[[Page 61086]]

to January 1, 2020, and for employers with fewer than 400,000 total 
annual employee work hours to May 1, 2021.
    Type of Request: Extension with change (revised estimates) of a 
currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 1,155 railroads/contractors/training 
organizations/learning institutions.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                  Respondent      Total annual     Average time    Total annual     Total cost
       CFR section \1\             universe        responses      per responses    burden hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
243.101(a)(2)--Training        1,046 railroads/ 298 training     250 hours......          74,500      $5,736,500
 program required for each      contractors.     programs.
 employer not covered by
 (a)(1) and subject to this
 part by May 1, 2021.
--(b) Submission by new        10 new           10 training      20.............             200          24,000
 employers commencing           railroads/       programs.
 operations after Jan. 1,       contractors.
 2020 not covered by (a)(2).
--(e) Contractor's duty to     400 railroads/   50 documents...  15 minutes.....            12.5             963
 validate approved program to   contractors.
 a railroad. (Revised
 requirement).
--(f) Railroad's duty to       10 new           10 copies......  2 minutes......              .3              23
 retain copies of               railroads.
 contractor's validation
 document (Revised
 requirement).
243.103(d)--Training           1,155 railroads/ 70 modified      5..............             350          26,950
 components identified in       contractors.     training
 program; modifications to                       programs.
 components of the training
 programs.
243.109(b)--Previously         1,155 railroads/ 10               8..............              80           6,160
 approved programs requiring    contractors/     informational
 an informational filing when   learning         filings.
 modified.                      institutions.
--(c) New portions or          10 railroads/    10 revised       16.............             160          12,320
 substantial revisions to an    contractors.     training
 approved training program.                      programs.
--(c) New portions or          5 railroads/     5 revised        8..............              40           3,080
 substantial revisions to an    contractors.     training
 approved training program                       programs.
 found non-conforming to this
 part by FRA--revisions
 required.
--(d)(1)(i) Copy of            10 railroads/    25 copies......  10 minutes.....             4.2             323
 additional submissions,        contractors.
 resubmissions, and
 informational filings to
 labor organization
 presidents.
--(d)(1)(ii) Railroad          228 railroads/   76 affirming     10 minutes.....            12.7             978
 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 railroads'   3 comments.....  30 minutes.....             1.5             116
 railroad training program      labor
 submissions, resubmissions,    organizations.
 or informational filings.
243.111(g)--Safety-related     109 TO/LI......  5,450 records..  5 minutes......           454.2          34,973
 railroad employees
 instructed by training
 organizations and learning
 institutions (TO/LI) --
 recordkeeping.
--(h) TO/LI to provide         109 TO/LI......  545 records....  5 minutes......            45.4           3,496
 student's training
 transcript or training
 record to any employer upon
 request by the student.
243.201(a)(2)--Designation of  1,039 railroads/ 346 designation  15 minutes.....            86.5           6,661
 existing safety-related        contractors.     lists.
 railroad employees by job
 category (for employers not
 covered by (a)(1) and
 subject to this part by
 January 1, 2022).
--(b) New employers operating  10 new           10 designation   15 minutes.....             2.5             193
 after January 1, 2020, not     railroads/       lists.
 covered by (a)(2),             contractors.
 designation of safety-
 related employees by job
 category--Lists.
--(c) Training records of      4,800 employees  4,800 records..  15 minutes.....           1,200          92,400
 newly hired employees or
 those assigned new safety-
 related duties.
--(d)(1)(i) Requests for       4,800 employees  960 record       5 minutes......              80           6,160
 relevant qualification or                       requests.
 training record from an
 entity other than current
 employer.
243.203--(a)-(e)               1,155 railroads/ 1,046            30 minutes.....             523          40,271
 Recordkeeping--Systems set     contractors/     recordkeeping
 up to meet FRA requirements.   TOLI.            systems.
--(f) Transfer of records to   1,155 railroads/ 3 records......  30 minutes.....             1.5             116
 successor employer.            contractors/
                                TOLI.
243.205(c)--Railroad           300 contractors  100              5 minutes......             8.3             639
 identification of                               identification
 supervisory employees who                       s.
 conduct periodic oversight
 tests by category/
 subcategory.

[[Page 61087]]

 
--(f) Notification by RR of    300 contractors  90 employee      10 minutes.....              15           1,155
 contractor employee non-                        notices.
 compliance with Federal laws/
 regulations/orders to
 employee and employee's
 employer.
--(f) Notification by RR of    300 contractors  270 employer     10 minutes.....              45           3,465
 contractor employee non-                        notices.
 compliance with Federal laws/
 regulations/orders to
 employee and employee's
 employer.
--(i) and (j) Employer         1,046 railroads/ 150,000 records  5 minutes......          12,500         962,500
 records of periodic            contractors.
 oversight.
243.207(a)--Written annual     22 railroads...  22 reviews.....  16.............             352          27,104
 review of safety data
 (Railroads with 400,000
 annual employee work hours
 or more).
--(b) Railroad copy of         22 railroads...  22 review        5 minutes......             1.8             139
 written annual review at                        copies.
 system headquarters.
--(e) Railroad notification    22 railroads...  2 notifications  15 minutes.....              .5              39
 to contractor of relevant
 training program adjustments.
243.209(a)-(b)--Railroad       746 railroads..  746 lists......  30 minutes.....             373          28,721
 maintained list of
 contractors utilized.
--(c) Railroad duty to update  746 railroads..  75 updated       15 minutes.....            18.8           1,444
 list of contractors utilized                    lists.
 and retain record for at
 least 3 years showing if a
 contractor was utilized in
 last 3 years.
                              ----------------------------------------------------------------------------------
    Total....................  1,155 railroads/ 165,054          N/A............          91,069       7,020,889
                                contractors/     responses.
                                training
                                organizations/
                                learning
                                institutions.
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\1\ Note: The current inventory exhibits a total burden of 282,824 hours while that of this requesting notice is
  91,069 hours. FRA determined many of the estimates were initial estimates and outdated. Moreover, other
  estimates were not derived from PRA requirements, thus leading to the increased figures in the current
  inventory, which were decreased accordingly in this notice. Also, totals may not add due to rounding.
\2\ The dollar equivalent cost is derived from the Surface Transportation Board's Full Year Wage A&B data series
  using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.

    Total Estimated Annual Responses: 165,054.
    Total Estimated Annual Burden: 91,069 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$7,020,889.
    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 a respondent is not required to 
respond to, conduct, or sponsor a collection of information that does 
not display a currently valid OMB control number.

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

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020-21527 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-06-P