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 Department of Transportation Federal Railroad Administration [Docket No. FRA-2023-0002-N-36]
 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 9, 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 (2130-0533) 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 
                    ( print page 89018)
                    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, 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:*
                     Qualification and Certification of Locomotive Engineers. *OMB Control Number:*
                     2130-0533. *Abstract:*
                     Section 4 of the Rail Safety Improvement Act of 1988, Public Law 100-342, 102 Stat. 624 (June 22, 1988), later amended and re-codified by Public Law 103-272, 108 Stat. 874 (July 5, 1994), required FRA to issue regulations to establish any necessary program for certifying or licensing locomotive engineers. The collection of information is used by FRA to ensure that railroads employ and properly train qualified individuals as locomotive engineers and designated supervisors of locomotive engineers (DSLEs). The collection of information is used by FRA to verify that railroads have established required certification programs for locomotive engineers and that these programs fully conform to the standards specified in the regulation. In this 60-day notice, FRA makes adjustments that increased the burden hours from 23,964 to 23,969 hours. This increase is a result of a correction of rounding errors from the previous submission and in the number of estimated qualified DSLEs and locomotive engineers as required under 49 CFR 240.201 and 240.221. *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:*
                     784 Railroads. *Frequency of Submission:*
                     On occasion; annually; triennially. Reporting Burden
CFR section
Respondent universe
Total
                             annual 
                             responses
Average time
                             per response
Total annual burden hours
Wage rate
Total cost
                             equivalent 
                             in U.S. dollars(A)
(B)
(C = A * B)

(D = C * wage rates) 1240.9—Waivers
784 railroads
2 waiver petitions
1.00 hour
2.00
$85.93
$171.86240.101/103—Certification Program: written program for certifying qualifications of locomotive engineers—material modifications
784 railroads
25 material modifications
5.00 minutes
2.08
85.93
178.73—Certification programs for new railroads
5 new railroads
5 programs
1.00 hour
5.00
85.93
429.65—New railroads final review and submission of certification program
5 new railroads
5 reviews
1.00 hour
5.00
85.93
429.65—(b)(1)—RR provision of copy of certification program submission or resubmission to president of labor unions representing employees simultaneously with filing with FRA
62 railroads
62 copies
5.00 minutes
5.17
85.93
444.26—(b)(2)—RR affirmative statement that it has served certification program copy to labor unions
62 railroads
62 copies
5.00 minutes
5.17
85.93
444.26—(c)—RR employee comment on submission, resubmission, or material modification of RR certification program
62 railroads
62 comments
8.00 hours
496.00
85.93
42,621.28—(h)—RR material modifications to program after initial FRA approval (formerly under (e))
784 railroads
10 modified programs
10.00 minutes
1.67
85.93
143.50240.105(c) Written reports/determinations of DSLE performance skills
784 railroads
10 written reports
30.00 minutes
5.00
123.41
617.05240.109/App. C—Prior safety conduct data
17,667 candidates
25 responses
5.00 minutes
2.08
63.07
131.19240.111/App C—Driver's license data requests from chief of driver licensing agency of any jurisdiction, including foreign countries
17,667 candidates
17,667 requests
10.00 minutes
2,944.50
85.93
253,020.89—NDR match—notifications and requests for data
784 railroads
177 notices +177 requests
5 + 5 minutes
29.50 2
85.93
                             63.07
2,197.75—Written response from candidate on driver's license data
784 railroads
20 cases/comments
10.00 minutes
3.33
63.07
210.02240.111(g)—Notice to RR of absence of license
53,000 candidates
4 letters
5.00 minutes
0.33
63.07
20.81240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle operator
784 railroads
100 communications
5.00 minutes
8.33
63.07
525.37240.113—Notice to RR furnishing data on prior safety conduct—different RR
17,667 candidates
353 requests + 353 responses
5 + 5 minutes
58.84 3
85.93
                             63.07
4,383.58240.115(d)—RR temporary certification or recertification of locomotive engineer for 60 days after having requested the motor vehicle information specified in paragraph (h) of this section
784 railroads
25 recertifications
5.00 minutes
2.08
85.93
178.73( print page 89019)—(i)(2)—RR drug and alcohol counselor request of employee's record of prior counseling or treatment
17,667 candidates
400 requests
5.00 minutes
33.33
63.07
2,102.12—(i)(3)—Conditional certification based on recommendation by drug and alcohol counselor (DAC) of employee aftercare and/or follow-up testing for alcohol/drugs
17,667 candidates
100 conditional certifications/DAC recommendations
1.00 hour
100.00
63.07
6,307.00—(i)(4)—RR employee is evaluated by DAC as having an active substance abuse disorder
17,667 candidates
100 DAC evaluations
1.00 hour
100.00
63.07
6,307.00240.117(i)(4)—RR employee completion of training/retraining prior to return to service—records
53,000 locomotive engineers
400 trained/retrained records
5.00 minutes
33.33
63.07
2,102.12240.119(c)—Written records indicating dates that the engineer stopped performing or returned to certification service + compliance/observation test
784 railroads
400 records
5.00 minutes
33.33
63.07
2,102.12240.119(d)—Self-referral re: active substance abuse disorder
53,000 locomotive engineers
150 self-referrals
5.00 minutes
12.50
63.07
788.38240.119(e)(3)(i)—RR determination that the most recent incident occurred
*The estimated paperwork burden for this requirement is included above under § 240.119(c).*240.119(e)(3)(ii)—RR notification to person that recertification has been denied or revoked
784 railroads
200 notifications
30.00 minutes
100.00
63.07
6,307.00240.119(e)(4)(iii)—Locomotive engineer waiver of investigation in case of one violation of section 219.101
53,000 locomotive engineers
200 waivers
2.00 minutes
6.67
63.07
420.68240.121—Criteria—vision/hearing acuity data—new railroads
5 railroads
5 copies
5.00 minutes
0.42
85.93
36.09240.121—Criteria—vision/hearing acuity data—condition certification
784 railroads
5 reports
5.00 minutes
0.42
123.41
51.83240.121—Criteria—vision/hearing acuity data—not meeting standards—notice by employee
784 railroads
10 notifications
5.00 minutes
0.83
63.07
52.35240.129(b)—RR documents on file regarding determination made regarding operational fitness
53,000 locomotive engineers
1,000 records
5.00 minutes
83.33
85.93
7,160.55240.201/221—List of qualified DSLEs
784 railroads
784 updates
5.00 minutes
65.33
85.93
5,613.81240.201/221—List of qualified locomotive engineers
784 railroads
784 updated lists
5.00 minutes
65.33
85.93
5,613.81240.201/223/301—Locomotive engineers certificate
53,000 candidates
17,667 certificates
5.00 minutes
1,472.25
85.93
126,510.44240.207—Medical certificate showing hearing/vision standards are met
53,000 candidates
17,667 certificates
30.00 minutes
8,833.50
123.41
1,090,142.24—Written determinations waiving use of corrective device
784 railroads
30 determinations
5.00 minutes
2.50
123.41
308.53240.219(a)—RR notification letter to employee of certification denial + employee written rebuttal
17,667 candidates
90 letters and responses
30.00 minutes
45.00
85.93
3,866.85—RR Notice/written documents/records to candidate that support its pending denial decision
784 railroads
45 documents/records
2.00 minutes
1.50
85.93
128.90240.229(3)(ii)—Joint operations—notice—not qualified
321 railroads
184 employee calls
5.00 minutes
15.33
63.07
966.86240.301(b)—Temporary replacement certificates valid for no more than 30 days
784 railroads
600 replacement certificates
30.00 minutes
300.00
85.93
25,779.00240.305(c)—Engineer's notice of non-qualification to RR
53,000 engineers or candidates
100 notifications
5.00 minutes
8.33
63.07
525.37—(d)—Relaying certification denial or revocation status to other certifying railroad
1,060 engineers
2 letters
15.00 minutes
0.50
63.07
31.54240.307(a-b)—Notice to engineer of disqualification
784 railroads
550 + 550 letters
1 + 1 hour
1,100.00 4
85.93
                             63.07
81,950.00240.307(b)(4)—RR provision to employee of copy of written information and list of witnesses that it will present at hearing
784 railroads
690 copies/list
5.00 minutes
57.50
85.93
4,940.98240.307(b)(5)—RR determination on hearing record whether person no longer meets certification requirements of this CFR part
784 railroads
690 hearing determination
1.00 hour
690.00
85.93
59,291.70240.307(c)(11)(i)(ii)—RR written decision after close of hearing containing findings of fact & whether a revocable event occurred
784 railroads
690 written decisions
30.00 minutes
345.00
85.93
29,645.85( print page 89020)240.307(c)(11)(iii)—RR service of written decision on employee and employee's representative
784 railroads
690 copies
5.00 minutes
57.50
85.93
4,940.98240.307(f)—Personal waiver of right to hearing under this section
784 railroads
750 written waivers
5.00 minutes
62.50
63.07
3,941.88240.307(j)—RR update of record with relevant information
784 railroads
50 updated records
10.00 minutes
8.33
85.93
715.80240.309—RR oversight responsibilities: detected poor safety conduct—annotation
15 railroads
6 annotations
15.00 minutes
1.50
63.07
94.61—Railroad annual review
51 railroads
51 reviews
3.00 hours
153.00
85.93
13,147.29240.205—Data to DAC Counselor
784 railroads
177 records
5.00 minutes
14.75
123.41
1,820.30240.209/213—Written documentation of tests
53,000 candidates
17,667 testing records
1.00 minute
294.45
85.93
25,302.09240.211/213—Written documentation of performance tests
53,000 candidates
17,667 testing records
1.00 minute
294.45
85.93
25,302.09240.215—Retaining information supporting determination
784 railroads
17,667 records
5.00 minutes
1,472.25
85.93
126,510.44240.303—Annual operational monitoring observation
53,000 candidates
53,000 testing records
1.00 minute
883.33
85.93
75,904.55240.303—Annual operating rules compliance test
53,000 candidates
53,000 testing records
1.00 minute
883.33
85.93
75,904.55240.307(b)(4)—RR hearings/hearing records
784 railroads
690 hearings/records
4.00 hours
2,760.00
85.93
237,166.80Total 5
784 railroads
224,652 responses
N/A
23,969
N/A
2,365,953
 *Total Estimated Annual Responses:*
                     224,652. *Total Estimated Annual Burden:*
                     23,969. *Total Estimated Annual Dollar Cost Equivalent:*
                     $2,365,953. 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. *Authority:*44 U.S.C. 3501-3520. Allison Ishihara Fultz, Chief Counsel.


# Footnotes

1.
    
                         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. 2.
    
                         Total burden hours are divided equally for each requirement 14.75 + 14.75 = 84.84 hours. 3.
    
                         Total burden hours are divided equally for each requirement 29.42 + 29.42 = 84.84 hours. 4.
    
                         Total burden hours are divided equally for each requirement 550 + 550 = 84.84 hours. 5.
    
                         Totals may not add up due to rounding. Back to Citation


[FR Doc. 2023-28382 Filed 12-22-23; 8:45 am] BILLING CODE 4910-06-P