Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarize...
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, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 26, 2023, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.
DATES:
Interested persons are invited to submit comments on or before April 26, 2024.
ADDRESSES:
Written comments and recommendations for the proposed ICR should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find the particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function.
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 issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages.
See44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. On December 26, 2023, FRA published a 60-day notice in the
Federal Register
soliciting public comment on the ICR for which it is now seeking OMB approval.
See88 FR 89020. FRA has received no comments related to the proposed collection of information.
Before OMB decides whether to approve this proposed collection of information, it must provide 30 days' notice for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d);
see also60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect.
Comments are invited on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information 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
( printed page 21409)
collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology.
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:
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]
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. Additionally, FRA will review the required training programs to ensure they include initial, ongoing, and on-the-job training 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.
On December 26, 2023, FRA published a 60-day
Federal Register
notice that reflected 66,565 total burden hours.
See88 FR 89020. Upon further evaluation, FRA has determined that the training programs requirement under § 243.101(a)(2) has already been completed. As a result, the associated paperwork burden has been removed, and the information collection now correctly reflects the estimated paperwork burden of 16,549 hours for this submission. For additional transparency FRA is including the updated burden table for publication with this 30-day
Federal Register
Notice.
Type of Request:
Extension without change (with changes in estimates) of a currently approved collection.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$1,429,526.
CFR
Respondent universe
Total annual
responses
Average
time per
response
Total annual
burden hours
Wage rates
Total cost
equivalent in
U.S. dollars
(A)
(B)
(C = A * B)
(D = C * wage rates)
243.101(a)(2)—Training program required for each employer not covered by (a)(1) and subject to this part by May 1, 2021
The PRA burden associated with this requirement has been completed.
—(b) Submission by new employers commencing operations after Jan. 1, 2020, not covered by (a)(2)
10 new railroads/contractors
10 training programs
20 hours
200.00 hours
$123.41
$24,682.00
—(e) Contractor's duty to validate approved program to a railroad (Revised requirement)
400 railroad contractors
150 documents
15 minutes
37.50 hours
85.93
3,222.38
—(f) Railroad's duty to retain copies of contractor's validation documents (Revised requirement)
1,046 railroads/contractors
1,046 copies
2 minutes
34.87 hours
85.93
2,996.38
243.103(d)—Training components identified in program; modifications to components of the training programs
1,155 railroads/contractors
10 modified training programs
5 hours
50.00 hours
85.93
4,296.50
243.109(b)—Previously approved programs requiring an informational filing when modified
155 railroads/contractors/learning institutions
75 informational filings
8 hours
600.00 hours
85.93
51,558.00
—(c) New portions or substantial revisions to an approved training program
10 railroads/contractors
10 revised training programs
16 hours
160.00 hours
85.93
13,748.80
—(c) New portions or substantial revisions to an approved training program found non-conforming to this part by FRA—revisions required
50 railroads/contractors
50 revised training programs
8 hours
400.00 hours
85.93
34,372.00
—(d)(1)(i) Copy of additional submissions, resubmissions, and informational filings to labor organization presidents
50 railroads/contractors
50 copies
10 minutes
8.33 hours
85.93
715.80
—(d)(1)(ii) Railroad statement affirming that a copy of submissions, resubmissions, or informational filings has been served to labor organization presidents
228 railroads/contractors
76 affirming statements
10 minutes
12.67 hours
85.93
1,088.73
—(d)(2) Labor comments on railroad training program submissions, resubmissions, or informational filings
228 railroad labor organizations
3 comments
30 minutes
1.50 hours
85.93
128.90
( printed page 21410)
243.111(g)—Safety-related railroad employees instructed by training organizations or learning institutions—recordkeeping
109 training organizations/learning institutions
5,450 records
5 minutes
454.17 hours
85.93
39,026.83
—(h) Training organizations or learning institutions to provide student's training transcript or training record to any employer upon request by the student
109 training organizations/learning institutions
545 records
5 minutes
45.42 hours
85.93
3,902.94
243.201(b)—New employers operating after January 1, 2020, not covered by (a)(2), designation of safety-related employees by job category—lists
10 new railroads/contractors
10 designation lists
15 minutes
2.50 hours
85.93
214.83
243.201(c)—Training records of newly hired employees or those assigned new safety-related duties
4,800 employees
4,800 records
15 minutes
1,200.00 hours
85.93
103,116.00
—(d)(1)(i) Requests for relevant qualification or training record from an entity other than current employer
4,800 employees
250 record requests
5 minutes
20.83 hours
85.93
1,789.92
243.203(a)-(e)—Recordkeeping—Systems set up to meet FRA requirements—general requirements for qualification status records, accessibility
—(f) Transfer of records to successor employer—If an employer ceases to do business and its assets will be transferred to a successor 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
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.