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 Request (ICR) summarized below. Before submitt...
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, FRA seeks approval of the Information Collection Request (ICR) summarized 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 July 29, 2024.
ADDRESSES:
Written comments and recommendations for the proposed ICR should be submitted on
regulations.gov
to the docket, Docket No. FRA-2024-0010. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0596) in any correspondence submitted. FRA will summarize comments received in a subsequent 30-day notice and include them in its information collection submission to OMB.
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 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 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.
See44 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 statutes and regulations mandate. In summary, 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.
See44 U.S.C. 3501.
The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires:
Title:
Conductor Certification.
OMB Control Number:
2130-0596.
Abstract:
FRA's conductor certification regulation (49 CFR part 242) requires railroads to have a formal program for certifying any person as a conductor. As part of that program, railroads are required to have a process for determining competency to serve as a conductor through training, testing, and qualifying prospective conductors and existing conductors before issuing each person certification or recertification. The regulation is intended to ensure that only those persons who meet minimum Federal safety standards serve as conductors.
FRA collects information to ensure that railroads and their employees fully comply with all the requirements of part 242, including a conductor certification/recertification program, fitness requirements, initial and periodic testing, and territorial qualifications.
In this 60-day notice, FRA made adjustments that decreased the previously approved burden hours from 49,761 hours to 46,858 hours. The decrease in burden is a result of the reduced amount of time per response for § 242.115(e) certification review for prior alcohol/drug conduct. The average time was reduced from 10 minutes to 5 minutes, providing a more accurate analysis of the time needed to complete the review.
Additionally, upon a detailed review of part 242, FRA made several adjustments to its estimated paperwork burdens in this ICR extension.[1]
FRA determined that fewer employees were changing employers, therefore reducing the number of prior safety records being reviewed. FRA also found that the associated burdens related to substance abuse and medical conditions have decreased as fewer employees have medical conditions that require further evaluation or positive drug and alcohol tests. As a result of these decreased burdens, the number of certification denials due to medical conditions and substance abuse has also decreased.
Type of Request:
Extension without change (with changes in estimates) of a currently approved information collection.
Affected Public:
Businesses.
Form(s):
N/A.
Respondent Universe:
784 railroads.
Frequency of Submission:
On occasion.
( printed page 46299)
Reporting Burden
CFR section
Respondent universe
Total annual responses
Average time per response
Total annual burden hours
Wage rate
Total cost equivalent U.S. dollars
(A)
(B)
(C = A * B)
(E)
(D = C * E)
242.9—Waivers—Petitions
784 railroads
1 waiver petition
3.00 hours
3.00
85.93
257.79
242.103(b)-(c)(2)—Approval of design of individual railroad programs by FRA—Certification programs for new railroads
784 new railroads
3 new conductor certification programs
8.00 hours
24.00
123.41
2,961.84
—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs)
784 railroads
6 certification program submission copies
15.00 minutes
1.50
85.93
128.90
—(c)(2) Affirmative statements that copies of submissions were sent to RLOs
784 railroads
6 affirmative statements
15.00 minutes
1.50
85.93
128.90
—(d) RLOs submit comments on RR programs
784 railroads
6 certified comments
4.00 hours
24.00
85.93
2,062.32
—(g) Non-conforming program revised and resubmitted to FRA
784 railroads
15 revised programs
3.00 hours
45.00
85.93
3,866.85
—(h)(2) Resubmitted certification programs still not conforming and then resubmitted
784 railroads
3 resubmitted certification programs
2.00 hours
6.00
85.93
515.58
—(i)(1)-(2) Certification programs materially modified after initial FRA approval
784 railroads
96 certificate program material modifications
2.00 hours
192.00
85.93
16,498.56
—(i)(3) Materially modified programs disapproved by FRA and then revised
784 railroads
20 modified certification programs
2.00 hours
40.00
85.93
3,437.20
—Revised programs disapproved and then re-submitted
The estimated paperwork burden for this requirement is included under § 242.103(i)(3).
242.107(c)—Types of service—emergency training for reclassification to different type of certification
35 railroads
400 records of trainings
2.00 minutes
13.00
63.07
840.72
242.109—Determinations by RRs before certification or recertification and the opportunity for candidates to comment on their prior safety conduct record
784 railroads
300 records + 300 comments
30 minutes + 10 minutes
225
85.93
19,334.25
242.111(b)—Prior Safety Conduct as Motor Vehicle Operator—Eligibility determinations
784 railroads
16,200 eligibility determinations
10.00 minutes
2,700.00
85.93
232,011.00
—(c) Initial certification for 60 days
784 railroads
150 initial certifications
10.00 minutes
25.00
85.93
2,148.25
—(d) Recertification for 60 days
784 railroads
125 re-certifications
10.00 minutes
21.00
85.93
1,804.53
—(f) Driver info not provided and request for waiver by persons/railroad
FRA anticipates that there will be zero waiver requests during this three-year collection period.
—(h) Request to obtain driver's license information from licensing agency
41,000 conductors
16,200 written requests
15.00 minutes
4,050.00
63.07
255,433.50
—(j) Requests for additional information from driver licensing agency
The estimated paperwork burden for this requirement is included under § 242.111(h).
—(k) Notification to RR by persons of never having a license
41,000 conductors
10 notices
10.00 minutes
2.00
63.07
126.14
—(l) Report of Motor Vehicle Incidents
41,000 conductors
400 self-reporting
10.00 minutes
68
63.07
4,288.76
—(m)-(n) Evaluation of driving record
41,000 conductors
16,200.00 motor vehicle record evaluations
5.00 minutes
1,350.00
63.07
85,144.50
—(o)(1) DAC referral by RR after report of driving drug/alcohol incident
784 railroads
200 DAC referrals
5.00 minutes
16.00
123.41
1,974.56
—(o)(2) DAC requests person supply records of prior counseling or treatment and the person must provide the records requested
784 railroads
20 DAC requests
30.00 minutes
10.00
123.41
1,234.10
—(o)(3) Condition certifications based upon participation in aftercare or follow-up testing recommended by DAC
784 railroads
40 conditional certification recommendations
4.00 hours
160.00
123.41
19,745.60
242.113—Prior safety conduct as employee of a different railroad
The estimated paperwork burden for this requirement is included above in § 242.109.
242.115(b)—Determination that person meets eligibility requirements
41,000 conductors
16,200 determinations
2.00 minutes
540.00
63.07
34,057.80
—(c) Written documents from DAC that person is not affected by a substance abuse disorder
41,000 conductors
250 filed documents
30.00 minutes
125.00
123.41
15,426.25
( printed page 46300)
—(d)(3) RR treats self-referral for substance abuse counseling by employee as confidential except with respect to ineligibility for certification
784 railroads
30 self-referrals
5.00 minutes
2.5
123.41
308.53
—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors
784 railroads
16,200 certification reviews
5.00 minutes
1,350.00
123.41
166,603.50
—(e)(3)(i) Written determination that person not currently certified is ineligible and the conditions for the ineligibility period
784 railroads
75 written determinations
1.00 hour
75.00
123.41
9,255.75
—(e)(3)(ii) Notification to current conductor that recertification has been denied or certification has been revoked and the conditions for the ineligibility period
242.117(b)—Vision and hearing acuity—Determination vision standards met
784 railroads
16,200 records
2.00 minutes
540.00
123.41
66,641.40
—(b) Determination hearing standards met
784 railroads
16,200 records
2.00 minutes
540.00
123.41
66,641.40
—Additional gap hearing tests
The estimated paperwork burden for this requirement is included under § 242.117(b).
—(c)(1) Medical examiner certificate that person has been examined/passed test
784 railroads
16,200 file medical examiners
10.00 minutes
2,700.00
123.41
333,207.00
—(c)(2)(i) Document standards can be met with conditions attached
784 railroads
25 written documents
30.00 minutes
12.50
123.41
1,542.63
—(c)(2)(ii) Document standards cannot be met even with conditions attached
784 railroads
25 written documents
30.00 minutes
12.50
123.41
1,542.63
—(e) Notation person needs corrective device (glasses or hearing aid, or both)
784 railroads
5,000 certificate notifications
10.00 minutes
833.33
123.41
102,841.26
—(j) Person not meeting hearing or vision thresholds requests further medical evaluation for new determination
784 railroads
50 requests + 50 determination
30 minutes + 10 minutes
2
33.50
63.07
123.41
2,625.73
—(j) Consultations by medical examiners with railroad officer and issue of conditional certification
784 railroads
15 consults + 15 certifications
30 minutes + 10 minutes
3
10.05
123.41
85.93
1,144.69
—(k) Notification by certified conductor of deterioration of vision/hearing
784 railroads
20 notifications
10.00 minutes
3.00
63.07
189.21
242.119(a)—Training—New railroads—Training program
3 new railroads
3 training programs
3.00 hours
9.00
123.41
1,110.69
—(a) Modification to training program
783 railroads
75 programs
30.00 minutes
38.00
85.93
3,265.34
—(c) Written documentation showing each person completed training for certification or recertification
783 railroads
50 written documents
30.00 minutes
25.00
85.93
2,148.25
—(d)(5) Modified training programs due to new laws, regulations, orders, technologies, procedures, or equipment
784 railroads
24 modified training programs
2.00 hours
48.00
85.93
4,124.64
—(f) Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics of any assigned territory
784 railroads
1,000 consultations
15.00 minutes
250.00
63.07
15,767.50
—(i) Familiarization training for conductor of acquiring railroad from selling company/railroad prior to commencement of new operation
784 railroads
20 training records
15.00 minutes
5.00
63.07
315.35
—(l) RR continuous education/training of conductors
—(f) Return to service that requires unannounced compliance test/record
784 railroads
1,000 unannounced compliance test records
10.00 minutes
167
85.93
14,350.31
242.125—Determination made by railroad relying on another railroad's certification
784 railroads
100 determinations
30.00 minutes
50.00
63.07
3,153.50
242.127—Reliance on qualification requirements of other countries
784 railroads
20 determinations
30.00 minutes
10.00
63.07
630.70
242.203(b)—Retaining information supporting determination—Records
784 railroads
16,200 record retentions
15.00 minutes
4,050.00
85.93
348,016.50
—(c) Amended electronic records
784 railroads
20 amended records
30.00 minutes
10.00
85.93
859.30
242.205—Identification of certified persons and recordkeeping. List of certified persons
784 railroads
784 lists
5.00 minutes
63.00
85.93
5,413.59
242.209(a)—Maintenance of Certificates—Request to display certificate
784 railroads
2,000 displayed certificates
2.00 minutes
67.00
63.07
4,225.69
—(b) Notification by conductors that RR request to serve exceeds certification
784 railroads
1,000 notifications
10.00 minutes
167
63.07
10,532.69
242.211—Replacement of certificates
784 railroads
500 temporary replacement certificates
5.00 minutes
42.00
85.93
3,609.06
242.213(e)—Multiple certificates—Notification to engineer that no conductor is on train
35 railroads
5 locomotive engineer notifications
10.00 minutes
1.00 hour
85.93
85.93
—(f) Notification of denial of certification by individuals holding certifications from more than one railroad
784 railroads
10 notifications
10.00 minutes
2.00
63.07
126.14
242.215(a)—Railroad oversight responsibilities—Review and analysis of administration of certification program
53 railroads
53 reviews and analyses
40.00 hours
2,120.00
85.93
182,171.60
—(d)-(i) Upon FRA's request, railroad provides a report of findings and conclusions
784 railroads
53 reports
4.00 hours
212.00
85.93
18,217.16
242.301(a)—Determinations—Territorial qualification and joint operations
320 railroads
1,000 determinations
15.00 minutes
250.00
63.07
15,767.50
—(b) Notification by persons who do not meet territorial qualification
320 railroads
300 notifications
10.00 minutes
50.00
63.07
3,153.50
242.401(a)—Denial of certification—Notification to candidate of information that forms basis for denying certification and candidate response
784 railroads
80 notices + 40 responses
1 hour + 1 hour
4
120.00
123.41
63.07
12,395.60
—(c) Written notification of denial of certification
784 railroads
40 notifications
1.00 hour
40.00
85.93
3,437.20
242.403—Criteria for revoking certification—Review of compliance conduct
784 railroads
1,000 certification reviews
15.00 minutes
250.00
63.07
15,767.50
242.407(a)—Process for revoking certification—Revocation for violations of section 242.115(e) and 242.403(e)
784 railroads
1,000 revoked certifications
8.00 hours
8,000.00
123.41
987,280.00
—(b)(1) and (2) Immediate suspension of certificate
784 railroads
1,000 suspended certification letters
1.00 hour
1,000.00
85.93
85,930.00
—(b)(7) Hearing record
784 railroads
1,000 records
5.00 minutes
250.00
85.93
21,482.50
—(c) Written decisions by railroad official
784 railroads
1,000 written decisions
2.00 hours
2,000.00
123.41
246,820.00
—(c) Service of written decision on employee by RR + RR service proof
784 railroads
1,000 served written decisions + 1,000 service proofs
10 minutes + 5 minutes
250.00
85.93
21,482.50
—(f) Written waiver of right to hearing
41,000 conductors
700 written waivers
10.00 minutes
117.00
63.07
7,379.19
—(g) Revocation of certification based on information that another railroad has done so
784 railroads
15 revoked certifications
10.00 minutes
3.00
123.41
370.23
—(j) Placing relevant information in record prior to suspending certification/convening hearing
784 railroads
100 updated records
1.00 hour
100.00
85.93
8,593.00
Totals 5
784 railroads
220,123 responses
N/A
46,858
4,281,590
Total Estimated
Annual Responses:
220,123.
Total Estimated Annual Burden:
47,858 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$4,344,660.
( printed page 46302)
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.
1.
The public can view all estimate adjustments to FRA's active ICRs in the Supporting Statements published at
https://www.reginfo.gov/public/.
The Supporting Statement for this ICR will be available after the 30-day
Federal Register
notice is published in
reginfo.gov.
2.
Breakdown of total burden hours is 25 hours × $63.07 = $1,576.75, and 8.5 hours × 123.41 = $1,048.98 for a total of 33.50 hours and $2,625.73 total cost equivalent.
3.
Breakdown of total burden hours is 7.5 hours × $123.41 = $925.57, and 2.55 hours × 85.93 = $219.12 for a total of 10.05 hours and $1,144.69 total cost equivalent.
4.
Breakdown of total burden hours is 80 hours × $123.41 = $9,872.80, and 40 hours × 63.07 = $2,522.80 for a total of 120 hours and $12,395.60 total cost equivalent.