[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21408-21410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06510]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-47]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), 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, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (571) 609-1285; or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (757) 897-9908.

SUPPLEMENTARY 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. See 44 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. See 88 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 also 60 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

[[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\
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    \1\ Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified 
at 49 U.S.C. 20162.
    \2\ 79 FR 66460.
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    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. See 88 FR 89020. Upon 
further evaluation, FRA has determined that the training programs 
requirement under Sec.  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.

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                                                                                                                                            Total cost
                CFR                  Respondent universe        Total annual        Average time per     Total annual burden      Wage     equivalent in
                                                                 responses              response                hours             rates    U.S. dollars
                                                           (A)..................  (B)................  (C = A * B)............  ........   (D = C * wage
                                                                                                                                                  rates)
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243.101(a)(2)--Training program     The PRA burden associated with this requirement has been completed.
 required for each employer not
 covered by (a)(1) and subject to
 this part by May 1, 2021.
                                   ---------------------------------------------------------------------------------------------------------------------
--(b) Submission by new employers   10 new railroads/      10 training programs.  20 hours...........  200.00 hours...........   $123.41      $24,682.00
 commencing operations after Jan.    contractors.
 1, 2020, not covered by (a)(2).
    --(e) Contractor's duty to      400 railroad           150 documents........  15 minutes.........  37.50 hours............     85.93        3,222.38
     validate approved program to    contractors.
     a railroad (Revised
     requirement).
    --(f) Railroad's duty to        1,046 railroads/       1,046 copies.........  2 minutes..........  34.87 hours............     85.93        2,996.38
     retain copies of contractor's   contractors.
     validation documents (Revised
     requirement).
243.103(d)--Training components     1,155 railroads/       10 modified training   5 hours............  50.00 hours............     85.93        4,296.50
 identified in program;              contractors.           programs.
 modifications to components of
 the training programs.
243.109(b)--Previously approved     155 railroads/         75 informational       8 hours............  600.00 hours...........     85.93       51,558.00
 programs requiring an               contractors/learning   filings.
 informational filing when           institutions.
 modified.
    --(c) New portions or           10 railroads/          10 revised training    16 hours...........  160.00 hours...........     85.93       13,748.80
     substantial revisions to an     contractors.           programs.
     approved training program.
    --(c) New portions or           50 railroads/          50 revised training    8 hours............  400.00 hours...........     85.93       34,372.00
     substantial revisions to an     contractors.           programs.
     approved training program
     found non-conforming to this
     part by FRA--revisions
     required.
    --(d)(1)(i) Copy of additional  50 railroads/          50 copies............  10 minutes.........  8.33 hours.............     85.93          715.80
     submissions, resubmissions,     contractors.
     and informational filings to
     labor organization presidents.
    --(d)(1)(ii) Railroad           228 railroads/         76 affirming           10 minutes.........  12.67 hours............     85.93        1,088.73
     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 railroad labor     3 comments...........  30 minutes.........  1.50 hours.............     85.93          128.90
     railroad training program       organizations.
     submissions, resubmissions,
     or informational filings.

[[Page 21410]]

 
243.111(g)--Safety-related          109 training           5,450 records........  5 minutes..........  454.17 hours...........     85.93       39,026.83
 railroad employees instructed by    organizations/
 training organizations or           learning
 learning institutions--             institutions.
 recordkeeping.
    --(h) Training organizations    109 training           545 records..........  5 minutes..........  45.42 hours............     85.93        3,902.94
     or learning institutions to     organizations/
     provide student's training      learning
     transcript or training record   institutions.
     to any employer upon request
     by the student.
243.201(b)--New employers           10 new railroads/      10 designation lists.  15 minutes.........  2.50 hours.............     85.93          214.83
 operating after January 1, 2020,    contractors.
 not covered by (a)(2),
 designation of safety-related
 employees by job category--lists.
243.201(c)--Training records of     4,800 employees......  4,800 records........  15 minutes.........  1,200.00 hours.........     85.93      103,116.00
 newly hired employees or those
 assigned new safety-related
 duties.
    --(d)(1)(i) Requests for        4,800 employees......  250 record requests..  5 minutes..........  20.83 hours............     85.93        1,789.92
     relevant qualification or
     training record from an
     entity other than current
     employer.
243.203(a)-(e)--Recordkeeping--Sys  10 railroads/          10 record-keeping      30 minutes.........  5.00 hours.............     85.93          429.65
 tems set up to meet FRA             contractors/training   systems.
 requirements--general               organizations/
 requirements for qualification      learning
 status records, accessibility.      institutions.
    --(f) Transfer of records to    1,155 railroads/       3 railroads..........  30 minutes.........  1.50 hours.............     85.93          128.90
     successor employer--If an       contractors/training
     employer ceases to do           organizations/
     business and its assets will    learning
     be transferred to a successor   institutions.
     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.
243.205(c)--Railroad                746 railroads........  100 identifications..  5 minutes..........  8.33 hours.............     85.93          715.80
 identification of supervisory
 employees who conduct periodic
 oversight tests by category/
 subcategory.
    --(f) Notification by railroad  300 contractors......  360 (90 employee +     20 minutes (10 +     60 hours (15.00 + 45)..     85.93        5,155.80
     of contractor employee non-                            270 employer           10).
     compliance with federal laws/                          notices).
     regulations/orders to
     employee and employee's
     employer.
    --(i) and (j) Employer records  1,046 railroads/       150,000 records......  5 minutes..........  12,500.00 hours........     85.93    1,074,125.00
     of periodic oversight.          contractors.
243.207(a)--Written annual review   22 railroads.........  22 reviews...........  16 hours...........  352.00 hours...........     85.93       30,247.36
 of safety data (Railroads with
 400,000 annual employee work
 hours or more).
    --(b) Railroad copy of written  22 railroads.........  22 review copies.....  5 minutes..........  1.83 hours.............     85.93          157.25
     annual review at system
     headquarters.
    --(e) Railroad notification to  22 railroads.........  2 notifications......  15 minutes.........  0.50 hour..............     85.93           42.97
     contractor of relevant
     training program adjustments.
243.209(a)-(b)--Railroad-           746 railroads........  746 lists............  30 minutes.........  373.00 hours...........     85.93       32,051.89
 maintained list of contractors
 utilized.
    --(c) Railroad duty to update   746 railroads........  75 updated lists.....  15 minutes.........  18.75 hours............     85.93        1,611.19
     list of contractors utilized
     and retain record for at
     least 3 years showing if a
     contractor was utilized in
     last 3 years.
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        Total \3\.................  1,155 railroads/       163,875 responses....  N/A................  16,549 hours...........  ........       1,429,526
                                     contractors/training
                                     organizations/
                                     learning
                                     institutions.
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    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.
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    \3\ Totals may not add up due to rounding.

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

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2024-06510 Filed 3-26-24; 8:45 am]
BILLING CODE 4910-06-P