[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Notices]
[Pages 56286-56288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20034]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-20]


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 Information 
Collection Request (ICR) abstracted 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 
November 10, 2020.

ADDRESSES: Submit comments and recommendations for the proposed ICR to 
Ms. Hodan Wells, Information Collection Clearance Officer at email: 
hodan.wells@dot.gov or telephone: (202) 493-0440. Please refer to the 
assigned OMB control number in any correspondence submitted. FRA will 
summarize comments received in

[[Page 56287]]

response to this notice in a subsequent notice and include them in its 
information collection submission to OMB for approval.

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 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. See 44 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 regulations mandate. In summary, FRA reasons 
that 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. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Railroad Operating Rules.
    OMB Control Number: 2130-0035.
    Abstract: The collection of information associated with Title 49 
Code of Federal Regulations (CFR) parts 217 and 218, Railroad Operating 
Rules and Practices, require railroads to file with FRA copies of their 
operating rules, timetables, timetable special instructions, and 
subsequent amendments. The regulations also require railroads to retain 
copies of these documents at their systems headquarters and make these 
documents available to FRA upon request. Additionally, 49 CFR 220.21(b) 
prescribes the collection of information by requiring railroads to 
retain one copy of their current operating rules with respect to radio 
communications and one copy of each subsequent amendment. Through these 
rules, FRA learns the condition of operating rules and practices of 
trains and instructions railroads provide their employees on operating 
practices.
    Type of Request: Extension with change (revised estimates) of a 
currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 765 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                 Respondent     Total  annual     Average time    Total  annual     Total cost
       CFR Section \1\            universe        responses      per responses    burden  hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
217.7(a)--Operating rules;    2 new railroads  2 documents....  1 hour.........  2 hours........            $154
 filing and recordkeeping--
 Filing of code of operating
 rules, timetables, and
 timetable special
 instructions by Class I,
 Class II, Amtrak, and
 commuter railroads with FRA.
--(b) Amendments to code of   53 railroads...  312 revised      20 minutes.....  104 hours......           8,008
 operating rules,                               documents.
 timetables, and timetable
 special instructions by
 Class I, Class II, Amtrak,
 and commuter railroads with
 FRA.
--(c) Class III and other     2 new railroads  2 documents....  1 hour.........  2 hours........             154
 railroads--Copy of code of
 operating rules,
 timetables, and timetable
 special instructions at
 system headquarters.
--(c) Class III and other     798 railroads..  1,596 copies...  15 minutes.....  399 hours......          30,723
 railroads--Amendments to
 code of operating rules,
 timetables, and timetable
 special instructions at
 system headquarters.
217.9(b)(2)--Program of       765 railroads..  4,732 records..  2 minutes......  158 hours......          12,166
 operational tests and
 inspections; recordkeeping--
 Written records documenting
 qualification of each
 railroad testing officer.
--(c) Written program of      2 new railroads  2 programs.....  10 hours.......  20 hours.......           2,300
 operational tests and
 inspections.
--(d)(1) Records of           765 railroads..  9,120,000 test   5 minutes......  760,000 hours..      58,520,000
 operational tests/                             records and
 inspections.                                   updates.
--(d)(2) Railroad copy of     53 railroads...  159 program      70 minutes.....  186 hours......          14,322
 current program operational                    revisions.
 tests/inspections--
 Amendments.
--(e)(1)(i) Written           8 Amtrak +       32 reviews.....  2 hours........  64 hours.......           4,928
 quarterly review of           Class I
 operational tests/            railroads.
 inspections by RRs other
 than passenger RRs.
--(e)(1)(ii) 6-month review   7 Class I        14 reviews.....  2 hours........  28 hours.......           2,156
 of operational tests/         railroads.
 inspections/naming of
 officer.
--(e)(2) 6-month review by    35 Amtrak +      70 reviews.....  2 hours........  140 hours......          10,780
 passenger railroads           passenger
 designated officers of        railroads.
 operational testing and
 inspection data.

[[Page 56288]]

 
--(e)(3) Records of periodic  50 railroads...  116 records....  1 minute.......  2 hours........             154
 reviews.
--(f)-(g) Annual summary of   50 railroads...  50 summary       1 hour.........  50 hours.......           3,850
 operational tests and                          records.
 inspections.
--(h)(1)(i) RR amended        765 railroads..  6 revised        30 minutes.....  3 hours........             231
 program of operational                         programs.
 tests/inspections.
--(h)(1)(ii) FRA disapproval  765 railroads..  6 supporting     1 hour.........  6 hours........             462
 of RR program of                               documents.
 operational tests/
 inspections and RR written
 response in support of
 program.
218.97(c)(1) and (c)(4)--RR   10 workers.....  10 gd. faith     15 minutes.....  3 hours........             231
 employee good faith                            challenges.
 challenge of RR directive.
--(c)(5) RR resolution of     2 new railroads  5 responses....  15 minutes.....  1 hour.........              77
 employee good faith
 challenge.
--(d)(1) RR officer           2 new railroads  3 reviews......  30 minutes.....  2 hours........             154
 immediate review of
 unresolved good faith
 challenge.
--(d)(2) RR officer           2 new railroads  3 answers......  15 minutes.....  1 hour.........              77
 explanation to employee
 that Federal law may
 protect against employer
 retaliation for refusal to
 carry out work if employee
 refusal is a lawful, good
 faith act.
--(d)(3) Employee written/    2 new railroads  3 written        15 minutes.....  1 hour.........              77
 electronic protest of                          protests.
 employer final decision.
--(d)(3) Employee copy of     2 new railroads  3 copies.......  1 minute.......  0.1 hour.......               8
 protest.
--(d)(4) Employer further     2 new railroads  2 further        15 minutes.....  0.5 hours......              39
 review of good faith                           reviews.
 challenge after employee
 written request.
--(d)(4) RR verification      2 new railroads  2 decisions....  15 minutes.....  0.5 hours......              39
 decision to employee in
 writing.
--(e) Recordkeeping and       2 new railroads  2 copies.......  5 minutes......  0.2 hours......              15
 record retention--
 Employer's copy of written
 procedures at division
 headquarters.
218.99(a)--Shoving or         2 new railroads  2 rule           1 hour.........  2 hours........             154
 pushing movement--RR                           modifications.
 operating rule complying
 with section's requirements.
218.101(a)-(c)--Leaving       2 new railroads  2 rule           30 minutes.....  1 hour.........              77
 equipment in the clear--                       modifications.
 Operating rule that
 complies with this section.
218.103(a)(1)--Hand-Operated  2 new railroads  2 rule           30 minutes.....  1 hour.........              77
 Switches--Operating Rule                       modifications.
 that Complies with this
 section.
                             -----------------------------------------------------------------------------------
    Total...................  765 railroads..  9,257,138        N/A............  772,010 hours..      59,445,553
                                                responses.
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\1\ Note: The current inventory estimates a total burden of 4,791,614 hours while the requesting inventory
  estimates a total burden of 772,010 hours. There is no change in the method of the collection. However, FRA
  determined some of the estimates were double counted and/or outdated, while other estimates were not PRA
  requirements, thus leading to the increased figures in the current inventory, which were decreased accordingly
  in this notice. Also, totals may not add due to rounding.
\2\ The dollar equivalent cost is derived from the Surface Transportation Board's Full Year Wage A&B data series
  using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge. The hourly
  wage rate used is $77 per hour ($44.27 * 1.75 = $77).

    Total Estimated Annual Responses: 9,257,138.
    Total Estimated Annual Burden: 772,010 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$59,445,553.
    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,
Deputy Chief Counsel.
[FR Doc. 2020-20034 Filed 9-10-20; 8:45 am]
BILLING CODE 4910-06-P


