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 Department of Transportation Federal Railroad Administration [Docket No. FRA-2023-0002-N-38]
 AGENCY: Federal Railroad Administration (FRA), 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) summarized 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 February 26, 2024.
 ADDRESSES: Written comments and recommendations for the proposed ICR should be submitted on 
                        *regulations.gov*
                         to the docket, Docket No. FRA-2023-0002. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0597) in any correspondence submitted. FRA will summarize comments received in a subsequent 30-day notice and include them in its information collection submission to OMB for approval.
 FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information Collection Clearance Officer, at email: 
                        *arlette.mussington@dot.gov*
                         or telephone: (571) 609-1285, or Ms. Joanne Swafford, Information Collection Clearance Officer, at email: 
                        *joanne.swafford@dot.gov*
                         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 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, 
                    ( print page 89021)
                    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, 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:*
                     The 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] 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. 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 2020, FRA developed requirements for a training program under § 243.101 for each Class I railroad, and each intercity or commuter passenger railroad conducting operations with 400,000 or more total annual employee work hours. In this 60-day notice, FRA makes adjustments that will reduce the currently approved burden hours from 91,069 to 66,565 hours. The decrease, after a thorough review, is the result of a reduced estimate of annual responses for the number of training programs under § 243.103. *Type of Request:*
                     Extension without change (with changes in 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. *Total Estimated Annual Responses:*
                     164,275. Reporting Burden
CFR section
Respondent
                             universe
Total annual
                             responses
Average time per response
Total annual
                             burden hours
Wage rates
Total cost
                             equivalent in 
                             U.S. dollars(A)
(B)
(C = A * B)

(D = C * wage rates) 3243.101(a)(2)—Training program required for each employer not covered by (a)(1) and subject to this part by May 1, 2021
1,046 railroads/contractors
200 training programs
250 hours
50,000.00
$85.93
$4,296,500.00—(b) Submission by new employers commencing operations after Jan. 1, 2020, not covered by (a)(2)
10 new railroads/contractors
10 training programs
20 hours
200.00
123.41
24,682.00—(e) Contractor's duty to validate approved program to a railroad (Revised requirement)
400 railroad contractors
150 documents
15 minutes
37.50
85.93
3,222.38—(f) Railroad's duty to retain copies of contractor's validation documents (Revised requirement)
1,046 railroads/contractors
1,046 copies
2 minutes
34.87
85.93
2,996.38243.103(d)—Training components identified in program; modifications to components of the training programs
1,155 railroads/contractors
10 modified training programs
5 hours
50.00
85.93
4,296.50243.109(b)—Previously approved programs requiring an informational filing when modified
155 railroads/contractors/learning institutions
75 informational filings
8 hours
600.00
85.93
51,558.00—(c) New portions or substantial revisions to an approved training program
10 railroads/contractors
10 revised training programs
16 hours
160.00
85.93
13,748.80—(c) New portions or substantial revisions to an approved training program found non-conforming to this part by FRA—revisions required
50 railroads/contractors
50 revised training programs
8 hours
400.00
85.93
34,372.00—(d)(1)(i) Copy of additional submissions, resubmissions, and informational filings to labor organization presidents
50 railroads/contractors
50 copies
10 minutes
8.33
85.93
715.80—(d)(1)(ii) Railroad statement affirming that a copy of submissions, resubmissions, or informational filings has been served to labor organization presidents
228 railroads/contractors
76 affirming statements
10 minutes
12.67
85.93
1,088.73( print page 89022)—(d)(2) Labor comments on railroad training program submissions, resubmissions, or informational filings
228 railroad labor organizations
3 comments
30 minutes
1.50
85.93
128.90243.111(g)—Safety-related railroad employees instructed by training organizations or learning institution—recordkeeping
109 training organizations/learning institutions
5,450 records
5 minutes
454.17
85.93
39,026.83—(h) Training organizations or learning institutions to provide student's training transcript or training record to any employer upon request by the student
109 training organizations/learning institutions
545 records
5 minutes
45.42
85.93
3,902.94—(b) New employers operating after January 1, 2020, not covered by (a)(2), designation of safety-related employees by job category—lists
10 new railroads/contractors
10 designation lists
15 minutes
2.50
85.93
214.83—(c) Training records of newly hired employees or those assigned new safety-related duties
4,800 employees
4,800 records
15 minutes
1,200.00
85.93
103,116.00—(d)(1)(i) Requests for relevant qualification or training record from an entity other than current employer
4,800 employees
250 record requests
5 minutes
20.83
85.93
1,789.92243.203—(a)-(e) Recordkeeping—Systems set up to meet FRA requirements—general requirements for qualification status records, accessibility
10 railroads/ contractors/training organizations/learning institutions
10 recordkeeping systems
30 minutes
5.00
85.93
429.65—(f) Transfer of records to successor employer—If an employer ceases to do business and its assets will be transferred to a successor 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
1,155 railroads/contractors/training organizations/learning institutions
3 railroads
30 minutes
1.50
85.93
128.90243.205(c)—Railroad identification of supervisory employees who conduct periodic oversight tests by category/subcategory
746 railroads
300 identifications
5 minutes
24.90
85.93
2,139.66—(f) Notification by RR of contractor employee non-compliance with federal laws/regulations/orders to employee and employee's employer
300 contractors
90 employee notices
10 minutes
15.00
85.93
1,288.95—(f) Notification by RR of contractor employee non-compliance with federal laws/regulations/orders to employee and employee's employer
300 contractors
270 employer notices
10 minutes
45.00
85.93
3,866.85—(i) and (j) Employer records of periodic oversight
1,046 railroads/contractors
150,000 records
5 minutes
12,500.00
85.93
1,074,125.00243.207(a)—Written annual review of safety data (Railroads with 400,000 annual employee work hours or more)
22 railroads
22 reviews
16 hours
352.00
85.93
30,247.36—(b) Railroad copy of written annual review at system headquarters
22 railroads
22 review copies
5 minutes
1.83
85.93
157.25—(e) Railroad notification to contractor of relevant training program adjustments
22 railroads
2 notifications
15 minutes
0.50
85.93
42.97243.209(a)-(b)—Railroad-maintained list of contractors utilized
746 railroads
746 lists
30 minutes
373.00
85.93
32,051.89—(c) Railroad duty to update list of contractors utilized and retain record for at least 3 years showing if a contractor was utilized in last 3 years
746 railroads
75 updated lists
15 minutes
18.75
85.93
1,611.19Total 4
1,155 railroads/contractors/training organizations/learning institutions
164,275 responses
N/A
66,565

5,727,450
 *Total Estimated Annual Responses:*
                     164,275. *Total Estimated Annual Burden:*
                     66,565. *Total Estimated Annual Burden Hour Dollar Cost Equivalent:*
                     $5,727,450. 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 
                    ( print page 89023)
                    not display a currently valid OMB control number. *Authority:*44 U.S.C. 3501-3520. Allison Ishihara Fultz, Chief Counsel.


# Footnotes

1.
    
                         Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162. Back to Citation
 2.
    
                         79 FR 66459. Back to Citation
 3.
    
                         Throughout the tables in this document, the dollar equivalent cost is derived from the 2022 Surface Transportation Board Full Year Wage A & B data series using the appropriate employee group to calculate the average hourly rate that includes 75 percent overhead. 4.
    
                         Totals may not add up due to rounding. Back to Citation


[FR Doc. 2023-28380 Filed 12-22-23; 8:45 am] BILLING CODE 4910-06-P