Sept. 29, 2020 FR Notice (60-Day)

Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices

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Number FRA–2020–0064 (Document
No. FRA–2020–0064–0005). Based on
this new information, FRA is extending
the public comment period for 45 days.
A copy of the petition, as well as any
written communications concerning the
petition, if any, are available for review
online at www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing for these
proceedings since the facts do not
appear to warrant a hearing. If any
interested parties desire an opportunity
for oral comment and a public hearing,
they should notify FRA, in writing,
before the end of the comment period
and specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
November 13, 2020 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable. Anyone
can search the electronic form of any
written communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2020–21467 Filed 9–28–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–23]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

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 30, 2020.
ADDRESSES: Submit comments and
recommendations for the proposed ICR
to Ms. Hodan Wells, Information
Collection Clearance Officer at email:
[email protected] or telephone: (202)
493–0440. 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.
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
SUMMARY:

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61085

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: Training, Qualification, and
Oversight for Safety-Related Railroad
Employees.
OMB Control Number: 2130–0597.
Abstract: 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 of 2008.
The final rule requires 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 requires most
employers to conduct periodic oversight
of their own employees and annual
written reviews of their training
programs to close performance gaps.
FRA will use the information
collected to ensure each employer—
railroad or contractor—conducting
operations subject to 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. Further, FRA will review the
required training programs to ensure
they include: Initial, ongoing, and onthe-job 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.
In response to petitions for
reconsideration, FRA has extended the
effective date for developing the
required training program under
§ 243.101 for employers with 400,000 or
more total annual employee work hours

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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices

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to January 1, 2020, and for employers
with fewer than 400,000 total annual
employee work hours to May 1, 2021.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.

Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 1,155 railroads/
contractors/training organizations/
learning institutions.

CFR section 1

Respondent
universe

243.101(a)(2)—Training program required
for each employer not covered by (a)(1)
and subject to this part by May 1, 2021.
—(b) Submission by new employers commencing operations after Jan. 1, 2020
not covered by (a)(2).
—(e) Contractor’s duty to validate approved program to a railroad. (Revised
requirement).
—(f) Railroad’s duty to retain copies of
contractor’s validation document (Revised requirement).
243.103(d)—Training components identified
in program; modifications to components
of the training programs.
243.109(b)—Previously approved programs
requiring an informational filing when
modified.
—(c) New portions or substantial revisions
to an approved training program.
—(c) New portions or substantial revisions
to an approved training program found
non-conforming to this part by FRA—revisions required.
—(d)(1)(i) Copy of additional submissions,
resubmissions, and informational filings
to labor organization presidents.
—(d)(1)(ii) Railroad statement affirming that
a copy of submissions, resubmissions, or
informational filings has been served to
labor organization presidents.
—(d)(2) Labor comments on railroad training program submissions, resubmissions,
or informational filings.
243.111(g)—Safety-related railroad employees instructed by training organizations and learning institutions (TO/LI)
—recordkeeping.
—(h) TO/LI to provide student’s training
transcript or training record to any employer upon request by the student.
243.201(a)(2)—Designation
of
existing
safety-related railroad employees by job
category (for employers not covered by
(a)(1) and subject to this part by January
1, 2022).
—(b) New employers operating after January 1, 2020, not covered by (a)(2), designation of safety-related employees by
job category—Lists.
—(c) Training records of newly hired employees or those assigned new safety-related duties.
—(d)(1)(i) Requests for relevant qualification or training record from an entity
other than current employer.
243.203—(a)-(e) Recordkeeping—Systems
set up to meet FRA requirements.
—(f) Transfer of records to successor employer.
243.205(c)—Railroad identification of supervisory employees who conduct periodic oversight tests by category/subcategory.

1,046 railroads/contractors.

298 training programs.

250 hours ..............

74,500

$5,736,500

10 new railroads/
contractors.

10 training programs.

20 ...........................

200

24,000

400 railroads/contractors.

50 documents ........

15 minutes .............

12.5

963

10 new railroads ....

10 copies ...............

2 minutes ...............

.3

23

1,155 railroads/contractors.

70 modified training
programs.

5 .............................

350

26,950

1,155 railroads/contractors/learning
institutions.
10 railroads/contractors.
5 railroads/contractors.

10 informational filings.

8 .............................

80

6,160

10 revised training
programs.
5 revised training
programs.

16 ...........................

160

12,320

8 .............................

40

3,080

10 railroads/contractors.

25 copies ...............

10 minutes .............

4.2

323

228 railroads/contractors.

76 affirming statements.

10 minutes .............

12.7

978

228 railroads’ labor
organizations.

3 comments ...........

30 minutes .............

1.5

116

109 TO/LI ..............

5,450 records ........

5 minutes ...............

454.2

34,973

109 TO/LI ..............

545 records ...........

5 minutes ...............

45.4

3,496

1,039 railroads/contractors.

346 designation
lists.

15 minutes .............

86.5

6,661

10 new railroads/
contractors.

10 designation lists

15 minutes .............

2.5

193

4,800 employees ...

4,800 records ........

15 minutes .............

1,200

92,400

4,800 employees ...

960 record requests.

5 minutes ...............

80

6,160

1,155 railroads/contractors/TOLI.
1,155 railroads/contractors/TOLI.
300 contractors ......

1,046 recordkeeping systems.
3 records ...............

30 minutes .............

523

40,271

30 minutes .............

1.5

116

100 identifications ..

5 minutes ...............

8.3

639

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Total annual
responses

Frequency of Submission: On
occasion.
Reporting Burden:

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Average time per
responses

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Total annual
burden hours

Total cost
equivalent 2

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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices
CFR section 1

Respondent
universe

Total annual
responses

Average time per
responses

Total annual
burden hours

Total cost
equivalent 2

—(f) Notification by RR of contractor employee non-compliance with Federal
laws/regulations/orders to employee and
employee’s employer.
—(f) Notification by RR of contractor employee non-compliance with Federal
laws/regulations/orders to employee and
employee’s employer.
—(i) and (j) Employer records of periodic
oversight.
243.207(a)—Written annual review of safety data (Railroads with 400,000 annual
employee work hours or more).
—(b) Railroad copy of written annual review at system headquarters.
—(e) Railroad notification to contractor of
relevant training program adjustments.
243.209(a)–(b)—Railroad maintained list of
contractors utilized.
—(c) Railroad duty to update list of contractors utilized and retain record for at
least 3 years showing if a contractor was
utilized in last 3 years.

300 contractors ......

90 employee notices.

10 minutes .............

15

1,155

300 contractors ......

270 employer notices.

10 minutes .............

45

3,465

1,046 railroads/contractors.
22 railroads ............

150,000 records ....

5 minutes ...............

12,500

962,500

22 reviews .............

16 ...........................

352

27,104

22 railroads ............

22 review copies ...

5 minutes ...............

1.8

139

22 railroads ............

2 notifications ........

15 minutes .............

.5

39

746 railroads ..........

746 lists .................

30 minutes .............

373

28,721

746 railroads ..........

75 updated lists .....

15 minutes .............

18.8

1,444

Total ......................................................

1,155 railroads/contractors/training
organizations/
learning institutions.

165,054 responses

N/A .........................

91,069

7,020,889

1 Note: The current inventory exhibits a total burden of 282,824 hours while that of this requesting notice is 91,069 hours. FRA determined
many of the estimates were initial estimates and outdated. Moreover, other estimates were not derived from 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.

Total Estimated Annual Responses:
165,054.
Total Estimated Annual Burden:
91,069 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $7,020,889.
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 a
respondent is not required to respond
to, conduct, or sponsor a collection of
information that does not display a
currently valid OMB control number.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020–21527 Filed 9–28–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

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[Docket Number FRA–2020–0076]

Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on September 18, 2020, BNSF
Railway Company (BNSF) petitioned

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the Federal Railroad Administration
(FRA) for a waiver of compliance from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR part 213, Track Safety
Standards. FRA assigned the petition
Docket Number FRA–2020–0076.
Specifically, BNSF requests a waiver
of compliance from 49 CFR 213.113,
Defective rails, to permit an alternate
means of affecting the remedial actions
set forth in remedial action code C (49
CFR 213.113(c)). BNSF proposes that
following the application of joint bars in
accordance with remedial action code C,
the track segment be operated as
follows:
• Trains may continue to run at the
maximum allowable speed for the track
class until a maximum of 15 million
gross tons (MGT) have traversed the
track segment;
• after 15 MGT have traversed the
segment, operating speed will be
reduced to 50 miles per hour (mph)
thereafter until the defective rail is
replaced; and
• if the rail defect progresses to a
100% fracture, operating speed will be
reduced to 10 mph thereafter until the
defective rail is replaced.
BNSF states that the relief will
promote railroad safety by allowing rail

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inspection vehicles to maintain ideal
inspection frequencies, which will
ensure that BNSF track will be
inspected more frequently and defects
remedied and repaired more quickly.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation

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