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.
( printed page 21406)
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 89017. 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 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:
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 (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.
On December 26, 2023, FRA published a 60-day
Federal Register
notice that reflected 23,969 total burden hours and 224,652 responses.
See88 FR 89017. Upon further evaluation, FRA has determined that 49 CFR 240.119(e)(3)(iii) does not identify any additional paperwork burden and only specifies the potential length of ineligibility when a person has been had their certification revoked. Additionally, FRA has removed the following sections as they were being counted twice: § 240.111, because the written responses for this requirement are already included under § 240.219; § 240.119(e)(3)(ii), because these notifications are already included under § 240.119(c); § 240.121, because medical examiner reports are already included under section § 240.207 (medical certificates); § 240.101, because material modifications are already included under § 240.103(h); and § 240.205, because data to an EAP counselor is already included under § 240.115 (prior safety data criteria).
For additional clarity, 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.
Affected Public:
Businesses (railroads).
Form(s):
N/A.
Respondent Universe:
784 railroads.
Frequency of Submission:
On occasion.
Total Estimated Annual Responses:
224,023.
Total Estimated Annual Burden:
23,851 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$2,362,843.
CFR section
Respondent universe
Total annual
responses
Average
time per
response
Total annual
burden hours
Wage
rate
Total cost
equivalent
U.S.D
(A)
(B)
(C = A * B)
(D = C * wage rates)
240.9—Waivers
784 railroads
2 waiver petitions
1 hour
2.00
$85.93
$171.86
240.101—Written certification program: new railroads
5 new railroads
5 written programs
1 hour
5.00
85.93
429.65
240.103—Approval of design of individual railroad programs by FRA
5 new railroads
5 program submissions
1 hour
5.00
85.93
429.65
—(b)(1)—RR provides a copy of a certification program submission or resubmission to the president of the labor organization representing employees simultaneously with filing with FRA
62 railroads
62 copies
5 minutes
5.17
85.93
444.26
—(b)(2)—RR affirmative statement that it has served certification program copy to the president of the labor organization representing employees' labor unions
62 railroads
62 copies
5 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 hours
496.00
85.93
42,621.28
( printed page 21407)
—(h)—RR material modifications to program after initial FRA approval (formerly under (e))
784 railroads
10 modified programs
10 minutes
1.67
85.93
143.50
240.105(c)—Written reports/determinations of DSLE performance skills
784 railroads
10 written reports
30 minutes
5.00
123.41
617.05
240.109—Prior safety conduct data
17,667 candidates
25 responses
5 minutes
2.08
63.07
131.19
240.111—Driver's license data requests from chief of driver licensing agency of any jurisdiction, including foreign countries
17,667 candidates
17,667 requests
10 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
85.93
63.07
2,197.75
240.111(g)—Notice to RR of absence of license
53,000 candidates
4 letters
5 minutes
0.33
63.07
20.81
240.111(h)—Duty to furnish data within 48 hours of being convicted or final State action on prior safety conduct as a motor vehicle driver's license operator
784 railroads
100 communications
5 minutes
8.33
63.07
525.37
240.113—Notice to RR furnishing data on prior safety conduct—different RR
17,667 candidates
353 requests, +353 responses
5 + 5 minutes
58.84
85.93 63.07
4,383.58
240.115 (c) and (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 minutes
2.08
85.93
178.73
(i)(2)—RR drug and alcohol counselor's request of employee's record of prior counseling or treatment
17,667 candidates
400 requests
5 minutes
33.33
63.07
2,102.12
(i)(3)—Conditional certification based on recommendation by DAC of employee aftercare and/or follow-up testing for alcohol/drugs when person evaluated as not currently affected by an active substance abuse disorder
—(f)—Criteria—vision/hearing acuity data—not meeting standards—notice by employee
784 railroads
10 notifications
5 minutes
0.83
63.07
52.56
240.129(b)—RR records engineer's service if stopped performing service before both an operational monitoring observation and an unannounced compliance test are completed in a calendar year
53,000 locomotive engineers
1,000 records
5 minutes
83.33
85.93
7,160.55
240.201/221—List of DSLEs
784 railroads
784 lists
5 minutes
65.33
85.93
5,613.81
—List of Qualified Locomotive Engineers
784 railroads
784 updated lists
5 minutes
65.33
85.93
5,613.81
240.201/223/301—Locomotive engineer's certificate
53,000 candidates
17,667 certificates
5 minutes
1,472.25
85.93
126,510.44
240.207—Medical certificate showing hearing/vision standards are met:
53,000 candidates
17,667 certificates
30 minutes
8,833.50
123.41
1,090,142.24
—Written determinations allowing person to meet lower threshold or person no longer needs to use corrective device such as glasses or hearing aids
784 railroads
30 determinations
5 minutes
2.50
123.41
308.53
240.209/213—Written documentation of knowledge tests of RR rules and practices
53,000 candidates
17,667 testing records retained
1 minute
294.45
85.93
25,302.09
240.211/213—Written documentation of performance skills test
53,000 candidates
17,667 testing records retained
1 minute
294.45
85.93
25,302.09
240.215—Retaining info. supporting determination
784 railroads
17,667 records
5 minutes
1,472.25
85.93
126,510.44
240.219(a)—RR notification letter to employee of certification denial + employee written rebuttal
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.