[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89020-89023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28380]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-38]


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, 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: <a href="/cdn-cgi/l/email-protection#4726352b22333322692a3234342e29203328290723283369202831"><span class="__cf_email__" data-cfemail="18796a747d6c6c7d36756d6b6b71767f6c7776587c776c367f776e">[email protected]</span></a> or 
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#741e1b151a1a115a07031512121b061034101b005a131b02"><span class="__cf_email__" data-cfemail="365c59575858531845415750505944527652594218515940">[email protected]</span></a> 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,

[[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\
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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 66459.
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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. 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 Sec.  
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 Sec.  
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
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                                                                                                                                           Total cost
            CFR section              Respondent universe       Total annual        Average time per     Total annual     Wage rates      equivalent in
                                                                 responses             response         burden hours                      U.S. dollars
                                                           (A).................  (B).................     (C = A * B)                      (D = C * wage
                                                                                                                                              rates) \3\
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243.101(a)(2)--Training program     1,046 railroads/       200 training          250 hours...........       50,000.00          $85.93      $4,296,500.00
 required for each employer not      contractors.           programs.
 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          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           85.93           3,222.38
 validate approved program to a      contractors.
 railroad (Revised requirement).
--(f) Railroad's duty to retain     1,046 railroads/       1,046 copies........  2 minutes...........           34.87           85.93           2,996.38
 copies of contractor's validation   contractors.
 documents (Revised requirement).
243.103(d)--Training components     1,155 railroads/       10 modified training  5 hours.............           50.00           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           85.93          51,558.00
 programs requiring an               contractors/learning   filings.
 informational filing when           institutions.
 modified.
--(c) New portions or substantial   10 railroads/          10 revised training   16 hours............          160.00           85.93          13,748.80
 revisions to an approved training   contractors.           programs.
 program.
--(c) New portions or substantial   50 railroads/          50 revised training   8 hours.............          400.00           85.93          34,372.00
 revisions to an approved training   contractors.           programs.
 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           85.93             715.80
 submissions, resubmissions, and     contractors.
 informational filings to labor
 organization presidents.
--(d)(1)(ii) Railroad statement     228 railroads/         76 affirming          10 minutes..........           12.67           85.93           1,088.73
 affirming that a copy of            contractors.           statements.
 submissions, resubmissions, or
 informational filings has been
 served to labor organization
 presidents.

[[Page 89022]]

 
--(d)(2) Labor comments on          228 railroad labor     3 comments..........  30 minutes..........            1.50           85.93             128.90
 railroad training program           organizations.
 submissions, resubmissions, or
 informational filings.
243.111(g)--Safety-related          109 training           5,450 records.......  5 minutes...........          454.17           85.93          39,026.83
 railroad employees instructed by    organizations/
 training organizations or           learning
 learning institution--              institutions.
 recordkeeping.
--(h) Training organizations or     109 training           545 records.........  5 minutes...........           45.42           85.93           3,902.94
 learning institutions to provide    organizations/
 student's training transcript or    learning
 training record to any employer     institutions.
 upon request by the student.
--(b) New employers operating       10 new railroads/      10 designation lists  15 minutes..........            2.50           85.93             214.83
 after January 1, 2020, not          contractors.
 covered by (a)(2), designation of
 safety-related employees by job
 category--lists.
--(c) Training records of newly     4,800 employees......  4,800 records.......  15 minutes..........        1,200.00           85.93         103,116.00
 hired employees or those assigned
 new safety-related duties.
--(d)(1)(i) Requests for relevant   4,800 employees......  250 record requests.  5 minutes...........           20.83           85.93           1,789.92
 qualification or training record
 from an entity other than current
 employer.
243.203--(a)-(e) Recordkeeping--    10 railroads/          10 recordkeeping      30 minutes..........            5.00           85.93             429.65
 Systems 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           85.93             128.90
 successor employer--If an           contractors/training
 employer ceases to do business      organizations/
 and its assets will be              learning
 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........  300 identifications.  5 minutes...........           24.90           85.93           2,139.66
 identification of supervisory
 employees who conduct periodic
 oversight tests by category/
 subcategory.
--(f) Notification by RR of         300 contractors......  90 employee notices.  10 minutes..........           15.00           85.93           1,288.95
 contractor employee non-
 compliance with federal laws/
 regulations/orders to employee
 and employee's employer.
--(f) Notification by RR of         300 contractors......  270 employer notices  10 minutes..........           45.00           85.93           3,866.85
 contractor employee non-
 compliance with federal laws/
 regulations/orders to employee
 and employee's employer.
--(i) and (j) Employer records of   1,046 railroads/       150,000 records.....  5 minutes...........       12,500.00           85.93       1,074,125.00
 periodic oversight.                 contractors.
243.207(a)--Written annual review   22 railroads.........  22 reviews..........  16 hours............          352.00           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           85.93             157.25
 annual review at system
 headquarters.
--(e) Railroad notification to      22 railroads.........  2 notifications.....  15 minutes..........            0.50           85.93              42.97
 contractor of relevant training
 program adjustments.
243.209(a)-(b)--Railroad-           746 railroads........  746 lists...........  30 minutes..........          373.00           85.93          32,051.89
 maintained list of contractors
 utilized.
--(c) Railroad duty to update list  746 railroads........  75 updated lists....  15 minutes..........           18.75           85.93           1,611.19
 of contractors utilized and
 retain record for at least 3
 years showing if a contractor was
 utilized in last 3 years.
                                   ---------------------------------------------------------------------------------------------------------------------
    Total \4\.....................  1,155 railroads/       164,275 responses...  N/A.................          66,565  ..............          5,727,450
                                     contractors/training
                                     organizations/
                                     learning
                                     institutions.
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    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

[[Page 89023]]

not display a currently valid OMB control number.
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    \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.
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    Authority: 44 U.S.C. 3501-3520.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-28380 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-06-P


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