[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34303-34304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13787]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-6]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), U.S. 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) 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 
August 30, 2021.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be submitted on regulations.gov to the docket, Docket No. FRA 
2021-0006. All comments received will be posted without change to the 
docket, including any personal information provided. 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.

FOR FURTHER INFORMATION CONTACT:  Ms. Hodan Wells, Information 
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#264e494247480851434a4a556642495208414950"><span class="__cf_email__" data-cfemail="c0a8afa4a1aeeeb7a5acacb380a4afb4eea7afb6">[email protected]</span></a> or 
telephone: (202) 493-0440.

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.
    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Hours of Service Regulations.
    OMB Control Number: 2130-0005.
    Abstract: FRA's hours of service recordkeeping regulations (49 CFR 
part 228), amended as mandated by the Rail Safety Improvement Act of 
2008, include substantive hours of service requirements for train 
employees (i.e., locomotive engineers and conductors) providing 
commuter and intercity rail passenger transportation (e.g., maximum on-
duty periods, minimum off-duty periods, and other limitations). The 
regulations also require railroads to evaluate passenger train employee 
work schedules for risk of employee fatigue and implement measures to 
mitigate the risk, and to submit to FRA for approval certain schedules 
and mitigation plans. Finally, the regulations include recordkeeping 
and reporting provisions requiring railroads to keep hours of service 
records, and report excessive service, for train employees, signal 
employees, and dispatching service employees on both freight and 
passenger railroads.
    FRA uses the information collected to verify that railroads do not 
require or allow their employees to exceed maximum on-duty periods, and 
ensure that they abide by minimum off-duty periods, and adhere to other 
limitations

[[Page 34304]]

in this regulation, to enhance rail safety and reduce the risk of 
accidents/incidents caused, or contributed to, by train employee 
fatigue.
    Type of Request: Extension without change (with changes in 
estimates) of a currently approved collection.
    Affected Public: Businesses (railroads and signal contractors).
    Form(s): FRA F 6180.3.
    Respondent Universe: 796 railroads, signal contractors and 
subcontractors.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                  Respondent      Total annual     Average time    Total annual     Total cost
       CFR section \1\             universe        responses      per responses    burden hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
228.11--Hours of duty records  796 railroads/   17,448,669       3 minutes               994,880     $77,043,507
                                signal           (electronic      (electronic
                                contractors &    records) +       records) + 8
                                subcontractors.  918,351 (paper   minutes (paper
                                                 records).        records).
228.17--Dispatchers record of  65 dispatch      285,000          1 hour.........         285,000      22,070,400
 train movements.               offices.         cumulative
                                                 train-movement
                                                 tracking.
228.19(g)-(h)--Monthly         796 railroads/   1,750 reports..  1 hour.........           1,750         135,520
 reports of excess service--    signal
 Exception (FRA F 6180.3).      contractors &
                                subcontractors.
228.103/.107--Construction of  796 railroads/   2 petition       24 hours.......              48           3,717
 employees' sleeping            signal           waivers.
 quarters--Petition request     contractors &
 to FRA to allow construction   subcontractors.
 near work areas.
228.207(b)--Training--Initial  671 railroads..  250 training     2 minutes......               8             620
 training--New employees and                     records.
 supervisors.
--(c) Refresher training--     796 railroads/   796 audits and   2 hours........           1,592         123,284
 System audits for              signal           records.
 irregularities by railroads    contractors &
 and contractors.               subcontractors.
228.407(a)--Analysis of work   34 railroads...  3 analyses.....  2 hours........               6             465
 schedules--Railroads'
 analysis of one cycle of
 work schedules of employees
 engaged in commuter or
 intercity passenger
 transportation.
--(b) Submissions of certain   34 railroads...  3 fatigue        20 hours.......              60           4,646
 work schedules and any                          mitigation
 fatigue mitigation plans and                    plans.
 determinations of
 operational necessity or
 declarations.
--(b) Submissions to FRA for   34 railroads...  1 submission...  1 hour.........               1              77
 review and approval.
--(d) Analysis of certain      34 railroads...  1 analysis or    1 hour.........               1           9,647
 later changes in work                           plan.
 schedules--Analyses and
 mitigation plans--
 Resubmission to FRA for
 approval.
228.411--Training programs on  34 railroads...  34 railroads...  2 hours........              68           5,266
 fatigue and related topics
 (e.g., rest, alertness,
 changes in rest cycles,
 etc.).
--(e) Records of training on   34 railroads...  5,539 records..  1 minute.......              92           7,124
 fatigue and related topics.
228.411(f)--Conditional        83 railroads...  1 written        1 hour.........               1              77
 exclusion--Written                              declaration.
 declaration to FRA by
 tourist, scenic, historic,
 or excursion railroads
 seeking exclusion.
                              ----------------------------------------------------------------------------------
    Totals \3\...............  796 railroads/   18,660,400       N/A............       1,283,507      99,404,352
                                signal           responses.
                                contractors &
                                subcontractors.
----------------------------------------------------------------------------------------------------------------
\1\ The current inventory exhibits a total burden of 3,421,290 hours while the total burden of this notice is
  1,283,507 hours. FRA determined many of the estimates were initial estimates, outdated, or duplicates.
  Moreover, other estimates were not derived from PRA requirements, thus leading to the increased figures in the
  current inventory, which were decreased accordingly in this notice.
\2\ The dollar equivalent cost is derived from the Surface Transportation Board's 2020 Full Year Wage A&B data
  series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.
\3\ Totals may not add due to rounding.

    Total Estimated Annual Responses: 18,660,400.
    Total Estimated Annual Burden: 1,283,507 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$99,404,352.
    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,
Acting Chief Counsel.
[FR Doc. 2021-13787 Filed 6-28-21; 8:45 am]
BILLING CODE 4910-06-P


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