[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86644-86647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28832]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-38]


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 
March 1, 2021.

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.

[[Page 86645]]

    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    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, and territorial 
qualifications.
    Type of Request: Extension with change (estimates) of a currently 
approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 765 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                                                           Total
                                    Respondent        Total annual    Average time per     annual     Total cost
        CFR section \1\              universe          responses          response         burden     equivalent
                                                                                           hours         \2\
----------------------------------------------------------------------------------------------------------------
242.9--Waivers--petitions.....  765 railroads....  3 petitions......  3 hours.........            9         $693
242.103(b)--Approval of design  3 new railroads..  3 new conductor    8 hours.........           24        2,880
 of individual railroad                             certification
 programs by FRA--                                  programs.
 Certification programs for
 new railroads.
    --(c)(1) Conductor          765 railroads....  6 certification    15 minutes......            2          154
     certification submission--                     program
     Copies to rail labor                           submission
     organizations (RLOs).                          copies.
    --(c)(2) Affirmative        765 railroads....  6 affirmative      15 minutes......            2          154
     statements that copies of                      statements.
     submissions were sent to
     RLOs.
    --(d) Certified comments    765 railroads....  6 certified        4 hours.........           24        1,848
     on submissions.                                comments.
    --(g) Certification         765 railroads....  15 modified        3 hours.........           45        3,465
     programs disapproved by                        programs.
     FRA and then revised.
    --(h) Revised               765 railroads....  3 resubmitted      2 hours.........            6          462
     certification programs                         certification
     still not conforming and                       programs.
     then resubmitted.
    --(i)(2) Certification      765 railroads....  15 certificate     2 hours.........           30        2,310
     programs materially                            program material
     modified after initial                         modifications.
     FRA approval.
    --(i)(3) Materially         765 railroads....  3 modified         2 hours.........            6          462
     modified programs                              certification
     disapproved by FRA and                         programs.
     then revised.
242.107--Types of service--     35 railroads.....  400 records of     2 minutes.......           13          767
 reclassification to passenger                      trainings.
 conductor or RR imposes
 restrictions.
242.109--Opportunity for        765 railroads....  200 records + 200  30 minutes + 10           133        9,647
 certification candidates to                        comments.          minutes.
 review and comment on prior
 safety record, and RRs to
 retain/respond to comments.
242.111(b)--Prior safety        765 railroads....  16,200             10 minutes......        2,700      207,900
 conduct as motor vehicle                           eligibility
 operator--eligibility                              determinations.
 determinations.
    --(c) Initial               765 railroads....  150 initial        10 minutes......           25        1,925
     certification for 60 days.                     certifications.
    --(d) Recertification for   765 railroads....  125 re-            10 minutes......           21        1,617
     60 days.                                       certifications.
    --(h) Request to obtain     48,500 conductors  16,200 written     15 minutes......        4,050      238,950
     driver's license                               requests.
     information from
     licensing agency.
    --(k) Notification to RR    48,500 conductors  25 notices.......  10 minutes......            4          236
     by persons of never
     having a license.
    --(l) Report of motor       48,500 conductors  400 self-          10 minutes......           67        3,953
     vehicle incidents.                             reporting.
    --(m)-(n) Evaluation of     48,500 conductors  16,200 motor       5 minutes.......        1,350       79,650
     driving record.                                vehicle record
                                                    evaluations.
    --(o)(1) Drug and alcohol   765 railroads....  400 DAC referrals  5 minutes.......           33        3,960
     counselor (DAC) referral
     by RR after report of
     driving drug/alcohol
     incident.
    --(o)(2) DAC request and    765 railroads....  20 requests and    30 minutes......           10        1,200
     supply by persons of                           supplied records.
     prior counseling or
     treatment.
    --(o)(3) Conditional        765 railroads....  50 conditional     4 hours.........          200       24,000
     certifications                                 certification
     recommended by DAC.                            recommendations.
242.113--Prior safety conduct   48,500 conductors  360 requests +     15 minutes + 30           270       20,790
 as employee of a different                         360 records.       minutes.
 railroad.
242.115(b)--Determination that  48,500 conductors  16,200             2 minutes.......          540       31,860
 person meets eligibility                           determinations.
 requirements.
    --(c) Written documents     48,500 conductors  400 filed          30 minutes......          200       24,000
     from DAC that person is                        documents.
     not affected by a
     substance abuse disorder.
    --(d) Self-referral by      765 railroads....  30 self-referrals  10 minutes......            5          600
     conductors for substance
     abuse counseling.
    --(e) Certification         765 railroads....  16,200             10 minutes......        2,700      324,000
     reviews for occurrence/                        certification
     documentation of prior                         reviews.
     alcohol/drug conduct by
     persons/conductors.
    --(e)(3)(i) Written         765 railroads....  150 written        1 hour..........          150       18,000
     determination that most                        determinations.
     recent incident has
     occurred.
    --(e)(3)(ii) Notification   765 railroads....  300 notifications  30 minutes......          150       11,550
     to person that
     recertification has been
     denied.
    --(e)(4) Persons/           48,500 conductors  300 waived         10 minutes......           50        2,950
     conductors waiving                             investigations.
     investigation/de-
     certifications.
242.117(b)--Vision and hearing  765 railroads....  16,200 records...  2 minutes.......          540       64,800
 acuity--determination vision
 standards met.
    --(b) Determination         765 railroads....  16,200 records...  2 minutes.......          540       64,800
     hearing standards met.
    --(c)(1) Medical examiner   765 railroads....  16,200 medical     10 minutes......        2,700      324,000
     certificate that person                        examiner
     has been examined/passed                       certificates.
     test.
    --(c)(2)(i) Document        765 railroads....  100 written        30 minutes......           50        6,000
     standards met with                             documents.
     conditions.
    --(c)(2)(ii) Document       765 railroads....  100 written        30 minutes......           50        6,000
     standards not met.                             documents.

[[Page 86646]]

 
    --(e) Notation person       765 railroads....  5,000 certificate  10 minutes......          833       99,960
     needs corrective device                        notifications.
     (glasses/hearing aid).
    --(j) Request for further   765 railroads....  100 requests +     30 minutes + 10            67        4,950
     medical evaluation for                         100 records of     minutes.
     new determination.                             field tests.
    --(j) Request for second    765 railroads....  25 retest          30 minutes + 10            17        1,238
     retest and another                             requests + 25      minutes.
     medical evaluation.                            reviews.
    --(j) Consultations by      765 railroads....  100 consults +     30 minutes + 10            67        7,283
     medical examiners with                         100                minutes.
     railroad officer and                           certifications.
     issue of conditional
     certification.
    --(k) Notification by       765 railroads....  20 notifications.  10 minutes......            3          177
     certified conductor of
     deterioration of vision/
     hearing.
242.119(a)--Training--new       3 new railroads..  3 training         3 hours.........            9        1,080
 railroads--training program.                       programs.
    --(a) Modification to       765 railroads....  3 programs.......  30 minutes......            2          154
     training program.
    --(c) Completion of         765 railroads....  100 written        1 hour..........          100        7,700
     training program by                            documents.
     conductors/persons--
     documents.
    --(d)(5) Modified training  765 railroads....  24 modified        2 hours.........           48        3,696
     programs due to new laws,                      training
     regulations, orders,                           programs.
     technologies, procedures,
     or equipment.
    --(f) Employee              765 railroads....  1,000              15 minutes......          250       14,750
     consultation with                              consultations.
     qualified supervisory
     employee if given written
     test to demonstrate
     knowledge of physical
     characteristics of any
     assigned territory.
    --(i) Familiarization       765 railroads....  20 training        15 minutes......            5          295
     training for conductor of                      records.
     acquiring railroad from
     selling company/railroad
     prior to commencement of
     new operation.
    --(l) RR continuous         765 railroads....  16,200 training    15 minutes......        4,050      238,950
     education/training of                          records.
     conductors.
242.121(a)--Knowledge testing-- 765 railroads....  16,200             15 minutes......        4,050      238,950
 determining eligibility.                           examination
                                                    records.
    --(g) Retests/re-           765 railroads....  1,000 retests or   15 minutes......          250       14,750
     examinations.                                  reexamination
                                                    records.
242.123(c)--Monitoring          765 railroads....  16,200             10 minutes......        2,700      207,900
 operational performance --                         unannounced
 unannounced compliance tests                       compliance test
 and records.                                       records.
    --(f) Return to service     765 railroads....  1,000 unannounced  10 minutes......          167       12,859
     that requires unannounced                      compliance test
     compliance test/record.                        records.
242.125--Determination made by  765 railroads....  100                30 minutes......           50        2,950
 railroad relying on another                        determinations.
 railroad's certification.
242.127--Reliance on            765 railroads....  20 determinations  30 minutes......           10          590
 qualification requirements of
 other countries.
242.203(b)--Retaining           765 railroads....  16,200 record      15 minutes......        4,050      311,850
 information supporting                             retentions.
 determination--records.
    --(c) Amended electronic    765 railroads....  20 amended         30 minutes......           10          770
     records.                                       records.
242.209(a)--Maintenance of      765 railroads....  2,000 displayed    2 minutes.......           67        3,953
 certificates--request to                           certificates.
 display certificate.
    --(b) Notification by       765 railroads....  1,000              10 minutes......          167        9,853
     conductors that RR                             notifications.
     request to serve exceeds
     certification.
242.211--Replacement of         765 railroads....  500 temporary      5 minutes.......           42        3,234
 certificates.                                      replacement
                                                    certificates.
242.213(e)--Multiple            35 railroads.....  5 locomotive       10 minutes......       1 hour           70
 certificates--notification to                      engineer
 engineer that no conductor is                      notifications.
 on train.
    --(f) Notification of       765 railroads....  10 notifications.  10 minutes......            2          118
     denial of certification
     by individuals holding
     multiple certifications.
242.215(a)--Railroad oversight  53 railroads.....  53 reviews and     40 hours........        2,120      163,240
 responsibility--review and                         analyses.
 analysis of administration of
 certification program.
    --(d) Report of findings    765 railroads....  53 reports.......  4 hours.........          212       16,324
     by RR to FRA.
242.301(a)--Determinations--te  320 railroads....  1,000              15 minutes......          250       14,750
 rritorial qualification and                        determinations.
 joint operations.
    --(b) Notification by       320 railroads....  500 notifications  10 minutes......           83        4,897
     persons who do not meet
     territorial qualification.
242.401(a)--Denial of           765 railroads....  40 notices + 40    1 hour + 1 hour.           80        5,440
 certification--notification                        responses.
 to candidate of information
 that forms basis for denying
 certification.
    --(c) Written notification  765 railroads....  80 notifications.  1 hour..........           80        6,160
     of denial of
     certification, including
     the basis and response to
     any rebuttal from the
     candidate.
242.403--Criteria for revoking  765 railroads....  1,000              15 minutes......          250       14,750
 certification--review of                           certification
 compliance conduct.                                reviews.
242.405--Period of              765 railroads....  1,000 written      1 hour..........        1,000       59,000
 ineligibility--written                             determinations.
 determination that the most
 recent incident has occurred.
242.407(a)--Process for         765 railroads....  1,000 revoked      8 hours.........        8,000      960,000
 revoking certification --                          certifications.
 revocation for violations of
 Sec.   242.115(e).
    --(b)(1) Immediate          765 railroads....  1,000 suspended    1 hour..........        1,000       77,000
     suspension of certificate.                     certification
                                                    letters.
    --(b)(5) Determinations     765 railroads....  1,000              15 minutes......          250       14,750
     based on railroad hearing                      determinations.
     record.
    --(b)(7) Hearing record...  765 railroads....  1,000 records....  15 minutes......          250       19,250
    --(c) Written decisions by  765 railroads....  1,000 written      2 hours.........        2,000      240,000
     railroad official.                             decisions.
    --(c) Service of written    765 railroads....  1,000 served       10 minutes + 5            250       19,250
     decision on employee by                        written            minutes.
     RR and RR retains proof                        decisions +
     of service.                                    1,000 service
                                                    proofs.

[[Page 86647]]

 
    --(f) Written waiver of     48,500 conductors  700 written        10 minutes......          117        6,903
     right to hearing.                              waivers.
    --(g) Revocation of         765 railroads....  15 revoked         10 minutes......            3          360
     certification based on                         certifications.
     information that another
     railroad has done so.
    --(j) Placing relevant      765 railroads....  100 updated        1 hour..........          100        7,700
     information in record                          records.
     prior to suspending
     certification/convening
     hearing.
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        Totals................  765 railroads....  222,386 responses  N/A.............       49,761    4,303,437
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    Total Estimated Annual Responses: 222,386.
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    \1\ The current inventory exhibits a total burden of 856,406 
hours while the total burden of this notice is 49,761 hours. FRA 
determined some of the burdens were outdated and already completed. 
Other burdens 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.
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    Total Estimated Annual Burden: 49,761 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$4,303,437.
    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. 2020-28832 Filed 12-29-20; 8:45 am]
BILLING CODE 4910-06-P