82 FR 43079 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 176 (September 13, 2017)

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the currently approved information collection activities listed below. Before submitting these information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43079-43083]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19354]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-21]


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 currently approved 
information collection activities listed below. Before submitting these 
information collection requests (ICRs) to the Office of Management and 
Budget (OMB) for approval, FRA is soliciting public comment on specific 
aspects of the activities, which are identified in this notice.

DATES: Comments must be received no later than November 13, 2017.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Railroad Safety, Regulatory 
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New 
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590; or Ms. Kim 
Toone, Information Collection Clearance Officer, Office of Information 
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey 
Avenue SE., Mail Stop 35, Washington, DC 20590. Commenters requesting 
FRA to acknowledge receipt of their respective comments must include a 
self-addressed stamped postcard stating, ``Comments on OMB Control 
Number 2130-XXXX,'' and should also include the title of the collection 
of information. Alternatively, comments may be faxed to (202) 493-6216 
or (202) 493-6497, or emailed to Mr. Brogan at [email protected], 
or Ms. Toone at [email protected]. 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: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Railroad Safety, Regulatory 
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New 
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 
493-6292) or Ms. Kim Toone, Information Collection Clearance Officer, 
Office of Information Technology, RAD-20, Federal Railroad 
Administration, 1200 New Jersey Avenue SE., Mail Stop 35, Washington, 
DC 20590 (telephone: (202) 493-6132).

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 1320.8-12. Specifically, FRA invites 
interested parties to comment on the following ICRs 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 will promote its 
efforts to 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) ensure that it organizes 
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 summaries below describe the ICRs that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Identification of Cars Moved under 49 CFR 232.3(d) (Formerly 
Order 13528).
    OMB Control Number: 2130-0506.
    Abstract: This collection of information identifies certain 
railroad freight cars authorized to move under 49 CFR 232.3(d) 
(formerly Interstate Commerce Commission Order 13528). Paragraph (d) of 
49 CFR 232.3 allows for the movement of certain railroad freight cars 
without air brakes from initial terminal locations or through 
interchange locations under certain conditions.
    Paragraph (d) of 49 CFR 232.3 requires the cars to be identified by 
a card attached to the side of the equipment specifically noting and 
signed by the shipper that the car is being moved under the authority 
of that paragraph. Railroads typically use carrier bad order forms or 
tags for these purposes. These forms are readily available from all 
carrier repair facilities. If a car moving under 49 CFR 232.3(d) is not 
properly tagged, a carrier is not legally allowed to move the car. 
Section 232.3(d)(3) does not require carriers or shippers to retain 
cards or tags. When a car bearing a tag for movement under this 
provision arrives

[[Page 43080]]

at its destination, the tag is simply removed. FRA estimates 
approximately 400 cars per year are moved under this regulation.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 755 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
         CFR section             Respondent universe     Total annual responses    per response    Total annual
                                                                                     (minutes)     burden hours
----------------------------------------------------------------------------------------------------------------
232.3(d)--Cars moved in       755 railroads...........  800 tags................               5              67
 Accordance with Emergency
 Order 13528--Tagging.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 800.
    Total Estimated Annual Burden: 67 hours.
    Type of Request: Extension without Change of a Currently Approved 
Collection.
    Title: U.S. Locational Requirement for Dispatching U.S. Rail 
Operations.
    OMB Control Number: 2130-0556.
    Abstract: With one exception, 49 CFR part 241 requires, in the 
absence of a waiver, that all dispatching of railroad operations 
occurring in the United States be performed in the United States. A 
railroad may, however, conduct dispatching from Mexico or Canada in an 
emergency situation, but only for the duration of the emergency 
situation. A railroad relying on this exception must provide written 
notification of its action to the FRA Regional Administrator of each 
FRA region in which the railroad emergency operation occurs as soon as 
practicable; such notification is not required before addressing the 
emergency situation. The information collected under this rule is used 
as part of FRA's oversight function to ensure that extraterritorial 
dispatchers comply with applicable safety regulations.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 4 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
         CFR section             Respondent universe     Total annual responses    per response    Total annual
                                                                                      (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
241.9--Written notification   4 railroads.............  1 notice................               8               8
 to FRA Regional
 Administrator of emergency
 where dispatcher outside
 the U.S. dispatches a
 railroad operation in the
 U.S. for the duration of
 the emergency.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 1.
    Total Estimated Annual Burden: 8 hours.
    Type of Request: Extension without Change of a Currently Approved 
Collection.
    Title: Safety and Health Requirements Related to Camp Cars.
    OMB Control Number: 2130-0595.
    Abstract: Subparts C and E of 49 CFR part 228 address the 
construction of railroad-provided sleeping quarters (camp cars) and set 
certain safety and health requirements for such camp cars. 
Specifically, subpart E of part 228 prescribes minimum safety and 
health requirements for camp cars that a railroad provides as sleeping 
quarters to any of its train employees, signal employees, and 
dispatching service employees (covered-service employees) and 
individuals employed to maintain its right of way. Subpart E requires 
railroad-provided camp cars to be clean, safe, sanitary, and be 
equipped with indoor toilets, potable water, and other features to 
protect the health of car occupants. Subpart C of part 228 prohibits a 
railroad from positioning a camp car intended for occupancy by 
individuals employed to maintain the railroad's right of way in the 
immediate vicinity of a switching or humping yard which handles 
railcars containing hazardous material. Generally, the requirements of 
Subparts C and E to part 228 are intended to provide covered-service 
employees an opportunity for rest free from the interruptions caused by 
noise under the control of the railroad.
    The information collected under this rule is used by FRA to ensure 
railroads operating camp cars comply with all the requirements mandated 
in this regulation to protect the health and safety of camp car 
occupants.

    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 1 railroad.

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
228.323--Copy--Water Hydrant/      1 railroad.........  740 Inspections....  3 minutes..........              37
 Hoses/Nozzle Inspections.
    --Hydrant/Hoses/Nozzle         1 railroad.........  740 Records........  2 minutes..........              25
     Inspections--Records.
    --Copy of records at Central   1 railroad.........  740 Record copies..  10 seconds.........               2
     Location.
    --Training--For Individuals    1 railroad.........  5 Trained employees  15 minutes.........               1
     to Fill Potable Water
     Systems.
    --Certification from State/    1 railroad.........  666 Certificates...  1 hour.............             666
     Local Health Authority.
    --Certification by Laboratory  1 railroad.........  74 Certificates....  20 minutes.........              25
    --Certification Copies.......  1 railroad.........  740 Certification    10 seconds.........               2
                                                         copies.
    --Draining/Flushing and        1 railroad.........  111 Records........  30 minutes.........              56
     Record.
    --Occupant Report of Taste     1 railroad.........  10 Taste reports...  10 seconds.........            .028
     Problem.

[[Page 43081]]

 
    --Draining/Flushing and        1 railroad.........  10 Records.........  30 minutes.........               5
     Record When Taste Report.
    --Lab Tests from Taste Report  1 railroad.........  10 Tests/            20 minutes.........               3
                                                         certificates.
    --Lab Report Copies..........  1 railroad.........  10 Lab report        2 minutes..........           .3333
                                                         copies.
    --Signage (for Non-Potable     1 railroad.........  740 Signs..........  2.5 minutes........              31
     Water).
228.331--First Aid and Life
 Safety
    --Modified Emergency           1 railroad.........  740 Modified Plans.  15 minutes.........             185
     Preparedness Plan.
    --Modified Emergency           1 railroad.........  5,840 Plan Copies..  3 seconds..........               5
     Preparedness Copies.
228.333--Remedial Action
    --Oral Report of Needed        1 railroad.........  30 Reports.........  10 seconds.........          .08333
     Repair.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 11,206.
    Total Estimated Annual Burden: 1,043 hours.
    Type of Request: Extension without Change of a Currently Approved 
Collection.
    Title: Training, Qualification, and Oversight for Safety-Related 
Railroad Employees.
    OMB Control Number: 2130-0597.
    Abstract: On November 7, 2014, FRA published a final rule--49 CFR 
parts 214, 232, and 243--establishing minimum training standards for 
all safety-related railroad employees, as required by the Rail Safety 
Improvement Act of 2008. The final rule requires 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.
    The rule also requires most employers to conduct periodic oversight 
of their own employees and annual written reviews of their training 
programs to close performance gaps. Additionally, the rule requires 
specific training and qualification of operators of roadway maintenance 
machines that can hoist, lower, and horizontally move a suspended load.
    Finally, the rule clarifies the existing training requirements for 
railroad and contractor employees who perform brake system inspections, 
tests, or maintenance.
    FRA will use the information collected to ensure each employer--
railroad or contractor--conducting operations subject to new 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 response to petitions for reconsideration, FRA has extended the 
effective date for developing the required Training Program under Sec.  
243.101 for employers with 400,000 or more total annual employee work 
hours to January 1, 2019, and for employers with less than 400,000 
total annual employee work hours to May 1, 2020.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 1,550 railroads/contractors/training 
organizations/learning institutions.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
214.357--Training and             535 railroads/      535 revised         4 hours...........  2,140 hours.
 Qualification Program for         contractors.        programs.
 Operators of Roadway
 Maintenance Machines (RMM)
 Equipped with a Crane.
    --Initial Training/           17,396 roadway      1,750 tr. worker +  24 hours + 4 hours  104,584 hour.
     Qualification of RMM          workers.            15,646 tr. wrkr.
     Operators (Cranes).
    --Periodic Training/          17,396 roadway      17,396 trained      1 hour............  17,396 hours.
     Qualification of RMM          workers.            workers.
     Operators (Cranes).
    --Records of Training/        17,396 roadway      17,396 records....  15 minutes........  4,349 hours.
     Qualification.                workers.
243.101--Training Programs        56 railroads/       18 programs.......  6,480 hours.......  116,640 hours.
 Submissions by Employers          contractors/etc.
 subject to this Part with
 400,000 total annual employee
 work hours or more by Jan. 1,
 2018.
    --Submissions by Employers    1,461 railroads/    496 programs......  20 hours..........  9,920 hours.
     subject to this Part with     contractors/etc.
     less than 400,000 total
     annual work hours by May 1,
     2020.
    --Submission by New           5 New Railroads...  5 programs........  40 hours..........  200 hours.
     Employers Commencing
     Operations after Jan. 1,
     2019.
    --Validation documents sent   795 railroad        50 documents......  15 minutes........  13 hours.
     from contractors that train   contractors/
     their own safety-related      subcontractors.
     employees to railroads that
     are using their training
     programs.
    --Copies of contractor        795 railroads.....  50 copies.........  10 minutes........  8 hours.
     validation documents kept
     by railroads.
243.103--Training Programs        1,489 railroads/    73 programs.......  10 hours..........  730 hours.
 required to be modified by FRA    contractors/etc.
 due to essential missing/
 inadequate components.

[[Page 43082]]

 
243.105--Optional Model Program   1,489 railroads/    4 model training    8 hours...........  32 hours.
 Development.                      contractors/etc.    programs.
    --Customized Training         1,489 railroads/    113 customized      4 hours...........  452 hours.
     Program Submissions.          contractors/etc.    training programs.
243.109--Initial Training         56 railroads/       7 programs........  10 hours..........  70 hours.
 Programs Found Non-Conforming     contractors/etc.
 to this Part by FRA--Revisions
 to Programs.
    --Written Request to Extend   56 railroads/       1 request.........  15 minutes........  .25 hour.
     Revision/Resubmission         contractors/etc.
     Deadline.
    --Previously Approved         56 railroads/       8 informational     432 hours.........  3,456 hours.
     Programs Requiring an         contractors/etc.    filings.
     Informational Filing When
     Modified.
    --New Portions or             56 railroads/       25 revised          16 hours..........  400 hours.
     Substantial Revisions to an   contractors.        programs.
     approved Training Program.
    --Training Programs found     56 railroads/       12 rev. program...  16 hours..........  192 hours.
     Deficient.                    contractors.
    --Copy of Additional          56 railroads/       225 copies........  15 minutes........  56 hours.
     Submissions, Resubmissions,   contractors.
     and Informational Filings
     to Labor (Union) Presidents.
    --Railroad Statement          56 railroads/       25 affirming        60 minutes........  25 hours.
     Affirming that a copy of      contractors/etc.    statements.
     Submissions, Resubmissions,
     or Informational Filings
     has been served to Labor
     (Union) Presidents.
    --Labor comments on Railroad  5 RR labor          3 comments........  4 hours...........  12 hours.
     Training Program              organizations.
     Submissions, Resubmissions,
     or Informational Filings.
243.111--Written Request by       50 tr.              3 requests........  60 minutes........  3 hours.
 Training Organization/Learning    organizations/
 Institution Previously            Learning
 Providing Training Services to    Institutions.
 Railroads Prior to Jan. 1,
 2018, to Provide Such Services
 after Jan. 1, 2019.
    --Revised/Resubmitted         50 tr.              2 programs........  20 hours..........  40 hours.
     Training Program by           Organizations/
     Training Organization/        Learning Inst.
     Learning Institution after
     found Deficient by FRA.
    --Informational Filing by     50 tr.              1 filing..........  432 hours.........  432 hours.
     Training Organization/        Organizations/
     Learning Institution due to   Learning Inst.
     New Federal Laws/
     Regulations/Order or New
     Technologies/Procedures/
     Equipment.
    --New Portions or Revisions   50 tr.              2 programs........  20 hours..........  40 hours.
     to Training Organization/     Organizations/
     Learning Institution          Learning Inst.
     Training Program Found
     Deficient.
    --Safety Related Employees    50 tr.              1,600 employees +   8 hours + 5         12,933 hours.
     Instructed by Training        Organizations/      1,600 records.      minutes.
     Organizations/Records.        Learning Inst.
    --Request to Training         50 tr.              200 requests + 200  5 minutes + 5       34 hours.
     Organization/Learning         Organizations/      records.            minutes.
     Institution by Student to     Learning Inst.
     Provide Transcript or
     Record.
243.113--Required Employer        106 RRs/            60 letters........  15 minutes........  15 hours.
 Information Sent to FRA Prior     contractors/
 to First Electronic Submission    learning
 (Employers with 400,000 Annual    institution /
 Work Hours or More).              associations.
243.201--Designation of Existing  106 railroads/      13 lists..........  15 minutes........  3 hours.
 Safety-related Employees by Job   contractors.
 Category--Lists (Employer with
 400,000 Annual Work Hours or
 More).
    --Written Request to Extend   106 railroads/      3 requests........  60 minutes........  3 hours.
     Deadline for Designation      contractors.
     List by These Employers.
    --New RRs Operating After     5 railroads.......  5 lists...........  15 minutes........  1 hour.
     Jan. 1, 2018, Designation
     of Safety-related Employees
     by Job Category--Lists.
    --Training of Newly Hired     106 railroads/      114 tr. employees   8 hours + 15        941 hours.
     Employees or Those Assigned   contractors.        + 114 records.      minutes.
     New Safety-related Duties
     and Records.
    --Requests for Relevant       106 railroads/      11 requests + 11    5 minutes + 5       2 hours.
     Qualification or Training     contractors.        records.            minutes.
     Record from an Entity Other
     Than Current Employer.
    --Testing of Employees When   106 railroads/      68 tests + 68       8 hours + 30        578 hours.
     Current Record of Training    contractors.        records.            minutes.
     is Unavailable.

[[Page 43083]]

 
    --Testing of Employees Who    106 railroads/      68 tests + 68       8 hours + 30        578 hours.
     Have Not Received Initial/    contractors.        records.            minutes.
     Periodic Training or Who
     Have Not Performed the
     Necessary Safety-Related
     Duties for an Occupational
     Category or Subcategory in
     the Previous 180 Days.
243.203--Electronic               106 RRs/            20 systems........  120 hours.........  2,400 hours.
 Recordkeeping--Systems Set Up     contractors.
 to Meet FRA Requirements.
    --Transfer of Records to      106 RRs/            20 records........  15 minutes........  5 hours.
     Successor Employer.           contractors.
243.205--Modified Training        106 railroads/      1 modified          40 hours..........  40 hours.
 Resulting from Periodic           contractors.        programs.
 Oversight Tests and Inspections.
    --Periodic Tests and          106 railroads/      8,600 tests/        10 minutes........  1,433 hours.
     Inspections.                  contractors.        Inspections.
    --RR Identification of        106 railroads/      10 identification.  5 minutes.........  1 hour.
     Supervisory Employees Who     contractors.
     Conduct Periodic Oversight
     Tests by Category/
     Subcategory.
    --Contractor Periodic Tests/  106 railroads/      4,695 tests/        20 minutes........  1,565 hours.
     Inspections Conducted by RR   contractors.        inspections.
     Supervisory Employees.
    --Notification by RR of       106 railroads/      175 notices + 175   5 minutes.........  30 hours.
     Contractor Employee Non-      contractors.        notices.
     Compliance with Federal
     Laws/Regulations/Orders to
     Employee and Employee's
     Employer.
    --Contractor conduct of       795 contractors...  795 tests/          10 minutes........  133 hours.
     Periodic Oversight Tests/                         inspections.
     Inspections of Its Safety-
     related Employees.
    --Contractor Direct Training  11 contractors....  45 trained          8 hours...........  360 hours.
     of Its Employees for                              employees.
     Qualifying Those Employees
     to Perform Safety-related
     Duties.
    --Employer Records of         56 railroads/       5,490 records.....  5 minutes.........  458 hours.
     Periodic Oversight.           contractors.
243.207--Written Annual Review    18 railroads......  4 reviews.........  20 hours..........  80 hours.
 of Safety Data (RRs with
 400,000 Annual Employee Work
 Hours or More).
    --RR Copy of Written Annual   18 railroads......  4 review copies...  20 minutes........  1 hour.
     Review at System
     Headquarters.
    --RR Designation of           18 railroads......  48 designations...  15 minutes........  12 hours.
     Person(s) to Conduct
     Written Annual Review.
    --Adjustments to Initial/     18 railroads......  1 adjusted program  1 hour............  1 hour.
     Refresher Training Based
     Upon Results of Written
     Annual Review.
    --RR Notification to          18 railroads......  2 notifications...  15 minutes........  1 hour.
     Contractor of Relevant
     Training Program
     Adjustments.
    --Contractor Adjustment of    38 contractors....  1 adjusted program  20 hours..........  20 hours.
     Its Training Program Based
     on RR Information.
243.209--Railroad Maintained      106 railroads.....  11 lists..........  30 minutes........  6 hours.
 List of Contractors Utilized.
    --Updated Lists of            106 railroads.....  1 list............  15 minutes........  .25 hour.
     Contractors.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 71,752.
    Total Estimated Annual Burden: 281,752 hours.
    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 it may not conduct or sponsor, 
and a respondent is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2017-19354 Filed 9-12-17; 8:45 am]
 BILLING CODE 4910-06-P