Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Requests (ICRs) abstracted below. Before submi...
Federal Railroad Administration (FRA), U.S. 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 Requests (ICRs) abstracted below. Before submitting these ICRs to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below.
DATES:
Interested persons are invited to submit comments on or before July 29, 2019.
ADDRESSES:
Submit written comments on the ICRs activities by mail to either: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, 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,” (the relevant OMB control number for each ICR is listed below) and should also include the title of the ICR. Alternatively, comments may be faxed to (202) 493-6216 or (202) 493-6497, or emailed to Mr. Brogan at
robert.brogan@dot.gov,
or Ms. Toone at
kim.toone@dot.gov. 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, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, 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.
See44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. 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.
See44 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.
See44 U.S.C. 3501.
The summaries below describe the ICRs that FRA will submit for OMB clearance as the PRA requires:
Title:
Designation of Qualified Persons.
OMB Control Number:
2130-0511.
Abstract:
The collection of information is used to prevent the unsafe movement of defective freight cars. Railroads are required to inspect freight cars for compliance and to determine restrictions on the movements of defective cars; qualified inspectors are necessary to perform this task.
( printed page 25111)
Type of Request:
Extension without change of a currently approved collection.
Affected Public:
Businesses.
Form(s):
N/A.
Respondent Universe:
692 Railroads.
Frequency of Submission:
On occasion.
Reporting Burden:
CFR section
Respondent universe
Total annual responses
Average
time per
response
(minutes)
Total annual
burden hours
Total annual
dollar cost
equivalent 1
215.11—Designation of Inspectors—Written Records
692 railroads
1,200 records
2
40
$3,080
Total Estimated Annual Responses:
1,200.
Total Estimated Annual Burden:
40 hours.
Total Estimated Annual Dollar Cost Equivalent:
$3,080.
Title:
Qualification and Certification of Locomotive Engineers.
OMB Control Number:
2130-0533.
Abstract:
Section 4 of the Rail Safety Improvement Act of 1988 (RSIA), 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. The collection of information is also 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.
Type of Request:
Extension with change (revised estimates) of a currently approved collection.
Affected Public:
Businesses.
Form(s):
N/A.
Respondent Universe:
741 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
Total annual
dollar cost
equivalent
240.9—Waivers
741 railroads
3 waiver petitions
90 minutes
5
$385
240.101/103—Cert. Prog: Amendments
741 railroads
50 amendments
1 hour
50
$3,850
— Cert. Prog.—New
5 railroads
5 programs
40 hours
200
15,400
— Final Review
5 railroads
5 reviews
1 hour
5
385
— Material Modification to Program
741 railroads
30 modified programs
45 minutes
23
1,771
240.105(b)—(c) Written Reports/Determinations of DSLE Performance Skills
10 railroads
10 reports
1 hour
10
1,160
240.109/App. C—Prior Safety Conduct Data
17,667 candidates
25 responses
60 minutes
25
1,900
240.111/App C—Driver's License Data
17,667 candidates
17,667 requests
15 minutes
4,417
335,692
—NDR Match—notifications and requests for data
741 railroads
177 notices + 177 requests
15 min. + 15 min.
89
7,254
—Written response from candidate on driver's license data
741 railroads
20 cases/comments
30 minutes
10
760
240.111(g)—Notice to RR of Absence of License
53,000 candidates
4 letters
15 minutes
1
76
240.111(h)—Duty to furnish data on prior safety conduct as motor vehicle op.
741 railroads
200 phone calls
10 minutes
33
2,508
240.113—Notice to RR Furnishing Data on Prior Safety Conduct—Diff. RR
17,667 candidates
353 requests + 353 responses
15 min./30 min.
265
20,298
240.119—Self-referral to EAP re: active substance abuse disorder
240.303—Annual operational monitor observation records
53,000 candidates
53,000 test records
5 minutes
4,417
335,692
240.303—Annual operating rules compliance test records
53,000 candidates
53,000 test records
5 minutes
4,417
335,692
Recordkeeping:
240.215—Retaining info. supporting determination
741 railroads
17,667 records
30 minutes
8,834
671,384
240.305—Engineer's notice of non-qualification to RR
53,000 engineers or candidates
100 notifications
5 minutes
8
608
—Relaying certification denial or revocation Status to other certifying railroad
1,060 engineers
2 letters
30 minutes
1
76
240.307—Notice to engineer of disqualification
741 railroads
1,100 letters
1 hour
1,100
84,700
240.309—Railroad annual review
51 railroads
51 reviews
40 hours
2,040
157,080
—Report of findings
51 railroads
12 reports
1 hour
12
924
Total
741 railroads
217,059 responses
N/A
54,684
4,158,412
Total Estimated Annual Responses:
217,059.
Total Estimated Annual Burden:
54,684 hours.
Total Estimated Annual Dollar Cost Equivalent:
$4,158,412.
Title:
Roadway Worker Protection.
OMB Control Number:
2130-0539.
Abstract:
On June 10, 2016, FRA amended its Roadway Worker Protection (RWP) regulation (
see81 FR 37840) to resolve interpretative issues that had arisen since the original 1996 promulgation of that rule. In particular, this final rule adopted certain terms, resolved miscellaneous interpretive issues, codified certain FRA Technical Bulletins, adopted new requirements governing redundant signal protections and the movement of roadway maintenance machinery over signalized non-controlled track, and amended certain qualification requirements for roadway workers. This final rule also deleted three outdated incorporations by reference of industry standards in FRA's Bridge Worker Safety Standards, and cross referenced the Occupational Safety and Health Administration's regulations on the same point.
Under the information collection associated with the RWP rule (49 CFR part 214), FRA collects a variety of information. To ensure compliance with the rule's requirements, FRA collects data on affected railroads' on-track safety programs to determine that railroads have policies, procedures, and practices in place that protect roadway workers as they go about doing their daily jobs in a dangerous environment. Railroads are required to provide on-track safety manuals to all roadway workers that they can readily consult as a guide when an issue arises as to how to complete a work assignment while maintaining complete safety. Under the regulation, railroads are required to provide initial and recurrent training to roadway workers on their on-track safety program and the procedures to be followed to perform their daily work assignments. This includes training for roadway workers who work on adjacent track and the appropriate practices and procedures they must follow. FRA collects data from railroads on training through the records that they are required to keep. Additionally, FRA collects information on violations of workplace safety on Form FRA F 6180.119. FRA uses violation information to make changes that endanger railroad workers. Overall, FRA uses the information that it collects under this regulation to monitor and enforce requirements relating to the safety of roadway workers and ensure that railroads fulfill their responsibilities to make roadway workers environment secure and free from unnecessary and avoidable hazards.
Type of Request:
Extension with change (revised estimates) of a currently approved collection.
Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report
350 Safety Inspectors
129 forms
4 hours
516
$31,579
214.307—Railroad On-Track Safety Programs—RR Programs that comply with this Part + copies at System/Division Headquarters
741 Railroads
276 programs + 325 copies
2 hours + 2 minutes
563
43,351
—RR Notification to FRA not less than one month before on-track safety program takes effect
741 Railroads
276 notices
20 minutes
92
7,084
—RR Amended on-track safety programs after FRA disapproval
741 Railroads
1 program
4
4 hours
308
( printed page 25113)
—RR Written response in support of disapproved program
741 Railroads
1 written response
40 hours
40
3,080
214.309—On-Track Safety Manual:
—RR Provisions for alternative access to information in on-track safety manual
741 Railroads
741 provisions
60 minutes
741
57,057
—RR Publication of bulletins/notices reflecting changes in on-track safety manual
60 Railroads
100 bulletins/notices
60 minutes
100
7,700
214.311—RR Written procedure to achieve prompt and equitable resolution of good faith employee challenges
5 new railroads
5 developed procedures
30 minutes
3
231
214.313—Good faith challenges to on-track safety rules
20 railroads
80 challenges
8 hours per challenge
640
42,880
214.317—On-Track Procedures for Snow Removal
5 Railroads
5 operating procedures
60 minutes
5
385
—On-track procedures for weed spray equipment
741 Railroads
741 operating procedures
60 minutes
741
57,057
—Roadway Worker in Charge (RWIC) Designation of alternative place of safety other than tunnel niche or clearing bay
741 Railroads
25 place of safety designations
5 minutes
2
134
214.318—Procedures established by railroads for workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling equipment
741 Railroads
741 rules/procedures
3 hours
2,223
171,171
214.320—Roadway Maintenance Machines Movement over signalized non-controlled track—RR request to FRA for equivalent level of protection to that provided by limiting all train and locomotive movements to restricted speed
741 Railroads
5 requests
4 hours
20
1,540
214.322—Exclusive Track Occupancy, Electronic Display—Written Authorities/Printed Authority Copy If Electronic Display Fails or Malfunctions
3 Class I Railroads
1,000 written authorities
10 minutes
167
11,189
—Data File Records Relating to Electronic Display Device Involved in Part 225 Reportable Accident/Incident
3 Class I Railroads
25 data file records
2 hours
50
3,850
—Request to FRA for NIST Publication 800-63-2, “Electronic Authentication Guideline”
741 Railroads
3 requests + 3 copies
30 minutes + 2 minutes
2
154
214.329—Train Approach Warning—Written Designation of Watchmen/Lookouts
741 Railroads
26,250 designations
30 Seconds
219
16,863
214.336—Procedures for adjacent track movements over 25 mph: notifications/watchmen/lookout warnings
100 Railroads
10,000 notices
5 seconds
14
938
—Procedures for adjacent track movements 25 mph or less: Notifications/watchmen/lookout warnings
100 Railroads
3,000 notices
15 seconds
13
804
214.337—On-track safety procedures for lone workers: statements by lone workers
741 Railroads
2,080,000 statements
30 seconds
17,333
1,161,311
Statement of on-track safety using individual train detection on track outside manual interlocking, a controlled point, or a remotely controlled hump yard facility
741 Railroads
200 on-track safety statements
30 seconds
2
134
214.339—Audible warning from trains: written procedures that prescribe effective requirements for audible warning by horn and/or bell for trains
44 Railroads
44 written procedures
13
572 hours
44,044
214.343/345/347/349/351/353/355—Annual training for all roadway workers (RWs)—Records of training
50,000 roadway workers
50,000 records
2 minutes
1,667
128,359
214.503—Notifications for Non-Compliant Roadway Maintenance Machines or Unsafe Condition
50,000 roadway workers
125 notices
10 minutes
21
1,407
—Resolution Procedures
692 Railroads/200 contractors
5 procedures
2 hours
10
770
214.505—Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs
741 Railroads/200 contractors
500 lists
1 hour
500
38,500
—Designations/additions to list
692 Railroads/200 contractors
150 additions/designations
5 minutes
13
1,001
214.507—A-Built Light Weight on New Roadway Maintenance Machines
692 Railroads/200 contractors
1,000 stickers/stencils
5 minutes
83
5,063
214.511—Required Audible Warning Devices for New On-Track Roadway Maintenance Machines
692 Railroads/200 contractors
3,700 identified mechanisms
5 minutes
308
18,788
214.515—Overhead covers for existing on-track roadway maintenance machines
692 railroads/200 contractors
500 requests + 500 responses
10 minutes; 20 minutes
250
18,420
214.517—Retrofitting of Existing On-Track Roadway Maintenance Machines Manufactured On or After Jan. 1, 1991
692 Railroads/200 contractors
500 stencils/displays
5 minutes
42
2,562
214.523—Hi-Rail Vehicles
692 railroads/200 contractors
5,000 records
60 minutes
5,000
305,000
( printed page 25114)
—Non-complying conditions
692 railroads/200 contractors
500 tags + 500 reports
10 minutes + 15 minutes
208
13,936
214.527—Inspection for compliance; Repair schedules
692 railroads/200 contractors
550 tags + 550 reports
5 minutes + 15 minutes
183
12,261
214.533—Schedule of repairs; Subject to availability of parts
692 railroads/200 contractors
250 records
15 minutes
63
4,851
Total
741 railroads
2,188,306 responses
N/A
32,410
1,207,732
Total Estimated Annual Responses:
2,188,306.
Total Estimated Annual Burden:
32,410 hours.
Total Estimated Annual Dollar Cost Equivalent:
$1,207,732.
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.
1.
Throughout the tables in this document, the dollar equivalent cost is derived from the 2018 Association of American Railroads publication titled
Railroad Facts (Employment and Annual Wages by Class)
(p. 57) using the appropriate employee group to calculate the average hourly wage rate that includes 75 percent overhead charges.