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 Department of Transportation Federal Railroad Administration [Docket No. FRA-2020-0027-N-38]
 AGENCY: Federal Railroad Administration (FRA), U.S. 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, 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: 
                        *hodan.wells@dot.gov*
                         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.
                    ( print 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:* CFR section 1
Respondent universe
Total annual
                             responses
Average time per
                             response
Total annual
                             burden hours
Total cost equivalent 2242.9—Waivers—petitions
765 railroads
3 petitions
3 hours
9
$693242.103(b)—Approval of design of individual railroad programs by FRA—Certification programs for new railroads
3 new railroads
3 new conductor certification programs
8 hours
24
2,880—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs)
765 railroads
6 certification program submission copies
15 minutes
2
154—(c)(2) Affirmative statements that copies of submissions were sent to RLOs
765 railroads
6 affirmative statements
15 minutes
2
154—(d) Certified comments on submissions
765 railroads
6 certified comments
4 hours
24
1,848—(g) Certification programs disapproved by FRA and then revised
765 railroads
15 modified programs
3 hours
45
3,465—(h) Revised certification programs still not conforming and then resubmitted
765 railroads
3 resubmitted certification programs
2 hours
6
462—(i)(2) Certification programs materially modified after initial FRA approval
765 railroads
15 certificate program material modifications
2 hours
30
2,310—(i)(3) Materially modified programs disapproved by FRA and then revised
765 railroads
3 modified certification programs
2 hours
6
462242.107—Types of service—reclassification to passenger conductor or RR imposes restrictions
35 railroads
400 records of trainings
2 minutes
13
767242.109—Opportunity for certification candidates to review and comment on prior safety record, and RRs to retain/respond to comments
765 railroads
200 records + 200 comments
30 minutes + 10 minutes
133
9,647242.111(b)—Prior safety conduct as motor vehicle operator—eligibility determinations
765 railroads
16,200 eligibility determinations
10 minutes
2,700
207,900—(c) Initial certification for 60 days
765 railroads
150 initial certifications
10 minutes
25
1,925—(d) Recertification for 60 days
765 railroads
125 re-certifications
10 minutes
21
1,617—(h) Request to obtain driver's license information from licensing agency
48,500 conductors
16,200 written requests
15 minutes
4,050
238,950—(k) Notification to RR by persons of never having a license
48,500 conductors
25 notices
10 minutes
4
236—(l) Report of motor vehicle incidents
48,500 conductors
400 self-reporting
10 minutes
67
3,953—(m)-(n) Evaluation of driving record
48,500 conductors
16,200 motor vehicle record evaluations
5 minutes
1,350
79,650—(o)(1) Drug and alcohol counselor (DAC) referral by RR after report of driving drug/alcohol incident
765 railroads
400 DAC referrals
5 minutes
33
3,960—(o)(2) DAC request and supply by persons of prior counseling or treatment
765 railroads
20 requests and supplied records
30 minutes
10
1,200—(o)(3) Conditional certifications recommended by DAC
765 railroads
50 conditional certification recommendations
4 hours
200
24,000242.113—Prior safety conduct as employee of a different railroad
48,500 conductors
360 requests + 360 records
15 minutes + 30 minutes
270
20,790242.115(b)—Determination that person meets eligibility requirements
48,500 conductors
16,200 determinations
2 minutes
540
31,860—(c) Written documents from DAC that person is not affected by a substance abuse disorder
48,500 conductors
400 filed documents
30 minutes
200
24,000—(d) Self-referral by conductors for substance abuse counseling
765 railroads
30 self-referrals
10 minutes
5
600—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors
765 railroads
16,200 certification reviews
10 minutes
2,700
324,000—(e)(3)(i) Written determination that most recent incident has occurred
765 railroads
150 written determinations
1 hour
150
18,000—(e)(3)(ii) Notification to person that recertification has been denied
765 railroads
300 notifications
30 minutes
150
11,550—(e)(4) Persons/conductors waiving investigation/de-certifications
48,500 conductors
300 waived investigations
10 minutes
50
2,950242.117(b)—Vision and hearing acuity—determination vision standards met
765 railroads
16,200 records
2 minutes
540
64,800—(b) Determination hearing standards met
765 railroads
16,200 records
2 minutes
540
64,800—(c)(1) Medical examiner certificate that person has been examined/passed test
765 railroads
16,200 medical examiner certificates
10 minutes
2,700
324,000—(c)(2)(i) Document standards met with conditions
765 railroads
100 written documents
30 minutes
50
6,000—(c)(2)(ii) Document standards not met
765 railroads
100 written documents
30 minutes
50
6,000( print page 86646)—(e) Notation person needs corrective device (glasses/hearing aid)
765 railroads
5,000 certificate notifications
10 minutes
833
99,960—(j) Request for further medical evaluation for new determination
765 railroads
100 requests + 100 records of field tests
30 minutes + 10 minutes
67
4,950—(j) Request for second retest and another medical evaluation
765 railroads
25 retest requests + 25 reviews
30 minutes + 10 minutes
17
1,238—(j) Consultations by medical examiners with railroad officer and issue of conditional certification
765 railroads
100 consults + 100 certifications
30 minutes + 10 minutes
67
7,283—(k) Notification by certified conductor of deterioration of vision/hearing
765 railroads
20 notifications
10 minutes
3
177242.119(a)—Training—new railroads—training program
3 new railroads
3 training programs
3 hours
9
1,080—(a) Modification to training program
765 railroads
3 programs
30 minutes
2
154—(c) Completion of training program by conductors/persons—documents
765 railroads
100 written documents
1 hour
100
7,700—(d)(5) Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment
765 railroads
24 modified training programs
2 hours
48
3,696—(f) Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics of any assigned territory
765 railroads
1,000 consultations
15 minutes
250
14,750—(i) Familiarization training for conductor of acquiring railroad from selling company/railroad prior to commencement of new operation
765 railroads
20 training records
15 minutes
5
295—(l) RR continuous education/training of conductors
765 railroads
16,200 training records
15 minutes
4,050
238,950242.121(a)—Knowledge testing—determining eligibility
765 railroads
16,200 examination records
15 minutes
4,050
238,950—(g) Retests/re-examinations
765 railroads
1,000 retests or reexamination records
15 minutes
250
14,750242.123(c)—Monitoring operational performance —unannounced compliance tests and records
765 railroads
16,200 unannounced compliance test records
10 minutes
2,700
207,900—(f) Return to service that requires unannounced compliance test/record
765 railroads
1,000 unannounced compliance test records
10 minutes
167
12,859242.125—Determination made by railroad relying on another railroad's certification
765 railroads
100 determinations
30 minutes
50
2,950242.127—Reliance on qualification requirements of other countries
765 railroads
20 determinations
30 minutes
10
590242.203(b)—Retaining information supporting determination—records
765 railroads
16,200 record retentions
15 minutes
4,050
311,850—(c) Amended electronic records
765 railroads
20 amended records
30 minutes
10
770242.209(a)—Maintenance of certificates—request to display certificate
765 railroads
2,000 displayed certificates
2 minutes
67
3,953—(b) Notification by conductors that RR request to serve exceeds certification
765 railroads
1,000 notifications
10 minutes
167
9,853242.211—Replacement of certificates
765 railroads
500 temporary replacement certificates
5 minutes
42
3,234242.213(e)—Multiple certificates—notification to engineer that no conductor is on train
35 railroads
5 locomotive engineer notifications
10 minutes
1 hour
70—(f) Notification of denial of certification by individuals holding multiple certifications
765 railroads
10 notifications
10 minutes
2
118242.215(a)—Railroad oversight responsibility—review and analysis of administration of certification program
53 railroads
53 reviews and analyses
40 hours
2,120
163,240—(d) Report of findings by RR to FRA
765 railroads
53 reports
4 hours
212
16,324242.301(a)—Determinations—territorial qualification and joint operations
320 railroads
1,000 determinations
15 minutes
250
14,750—(b) Notification by persons who do not meet territorial qualification
320 railroads
500 notifications
10 minutes
83
4,897242.401(a)—Denial of certification—notification to candidate of information that forms basis for denying certification
765 railroads
40 notices + 40 responses
1 hour + 1 hour
80
5,440—(c) Written notification of denial of certification, including the basis and response to any rebuttal from the candidate
765 railroads
80 notifications
1 hour
80
6,160242.403—Criteria for revoking certification—review of compliance conduct
765 railroads
1,000 certification reviews
15 minutes
250
14,750242.405—Period of ineligibility—written determination that the most recent incident has occurred
765 railroads
1,000 written determinations
1 hour
1,000
59,000242.407(a)—Process for revoking certification —revocation for violations of § 242.115(e)
765 railroads
1,000 revoked certifications
8 hours
8,000
960,000—(b)(1) Immediate suspension of certificate
765 railroads
1,000 suspended certification letters
1 hour
1,000
77,000—(b)(5) Determinations based on railroad hearing record
765 railroads
1,000 determinations
15 minutes
250
14,750—(b)(7) Hearing record
765 railroads
1,000 records
15 minutes
250
19,250—(c) Written decisions by railroad official
765 railroads
1,000 written decisions
2 hours
2,000
240,000—(c) Service of written decision on employee by RR and RR retains proof of service
765 railroads
1,000 served written decisions + 1,000 service proofs
10 minutes + 5 minutes
250
19,250( print page 86647)—(f) Written waiver of right to hearing
48,500 conductors
700 written waivers
10 minutes
117
6,903—(g) Revocation of certification based on information that another railroad has done so
765 railroads
15 revoked certifications
10 minutes
3
360—(j) Placing relevant information in record prior to suspending certification/convening hearing
765 railroads
100 updated records
1 hour
100
7,700Totals
765 railroads
222,386 responses
N/A
49,761
4,303,437
 *Total Estimated Annual Responses:*
                     222,386. *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.


# Footnotes

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. Back to Citation


[FR Doc. 2020-28832 Filed 12-29-20; 8:45 am] BILLING CODE 4910-06-P