Dec. 28, 2020 FR Notice (30-Day)

Dec. 28 2020 FR (30-Day) .pdf

Training, Qualification, and Oversight for Safety-Related Railroad Employees

Dec. 28, 2020 FR Notice (30-Day)

OMB: 2130-0597

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Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Notices

what information ADOT used to support this
determination (such as a master plan map or
other planning information), or if they
consulted the official with jurisdiction over
the resource regarding potential impacts to
the Section 4(f) resource.
• One project included a temporary
occupancy determination and the description
of the impact to the resource is inconsistent
with the definition provided in 23 CFR
774.13(d)(3).
• One project stated that a Section 4(f)
resource within the project area is jointly
owned by two entities, but it is unclear if
ADOT consulted with both officials with
jurisdiction regarding the de minimis use
since only one official with jurisdiction
concurred with the de minimis use.
The audit team acknowledges that ADOT
is aware that implementation of Section 4(f)
is an area in need of improvement and
recognizes their efforts to update its
procedures, including ADOT recently
developing standard evaluation forms.
Quality Assurance/Quality Control (QA/QC)
The audit team verified that ADOT has
procedures in place for QA/QC which are
described in the ADOT QA/QC Manual and
ADOT Project Development Procedures
Manual. The ADOT has developed QC
checklists and forms to assist in
implementing project-level QC procedures.
During the project file reviews, the audit
team noted some variation in how ADOT
implements project-level QC procedures, and
inconsistencies in how ADOT documents QC
reviews. It was unclear how ADOT conducts
thorough project-level QC reviews
(completeness vs. accuracy), how ADOT
corrects errors it identifies during QC
reviews, and how the environmental
planners coordinate with technical experts
during QC reviews. Staff indicated during
interviews that informal QC reviews are often
conducted before QC checklists are
completed, though it is unclear how this
process is tracked to ensure comments are
addressed. Due to these inconsistencies, the
audit team was unable to fully assess the
implementation of project-level QC
procedures. The FHWA will continue to
evaluate this program objective in subsequent
audits.

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Performance Measures
Observations
Observation #3: Incomplete Development
and Implementation of Performance
Measures
The audit team reviewed ADOT’s
development and implementation of
performance measures to evaluate their
program as required in the MOU (Part
10.2.1). The ADOT’s QA/QC Plan and selfassessment report identified several
performance measures but both indicated
that ADOT was still refining these measures
and had not fully implemented them. The
ADOT’s PAIR response stated that ADOT has
focused on tracking projects for schedule
issues and has not begun gathering data for
other performance measures. The selfassessment report did not include reporting
data for any of the performance measures.
The audit team confirmed during staff

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interviews that ADOT does not have data for
its performance measures and is looking to
further refine its performance measures. Due
to the lack of performance measure data, the
audit team determined that ADOT has not
fully established and initiated data collection
as it relates to performance metrics per the
MOU.
Legal Sufficiency
Through information provided by ADOT
and an interview by the FHWA Office of
Chief Counsel with an Assistant Attorney
General (AAG) assigned to ADOT’s NEPA
Assignment Program, the auditors
determined ADOT had not conducted formal
legal sufficiency reviews of assigned
environmental documents during the audit
period. Currently, ADOT retains the services
of two AAGs for NEPA Assignment reviews
and related matters. The assigned AAGs have
received formal and informal training in
environmental law matters. The ADOT also
has the ability to retain outside counsel to
review projects or conduct litigation should
the need arise.
Successful Practice
Through the interview, the audit team
learned ADOT seeks to involve lawyers early
in the environmental review phase, with
AAGs participating in project coordination
team meetings and reviews of early drafts of
environmental documents. In addition,
ADOT and the AGO have a process in place
by which ADOT can request written legal
opinions and advice from an AAG on
environmental review legal matters. For
formal reviews, the process would include a
formal transmittal memo from an ADOT
environmental manager, a review package
(hard copy or electronic), and a completed
ADOT EA/EIS Quality Control Checklist.
Training
The audit team reviewed ADOT’s 2020
Training Plan and ADOT’s PAIR responses
pertaining to its training program. The
ADOT’s training program includes in-house,
Web-based, and instructor-led courses
training opportunities for staff. Since
assuming NEPA responsibilities, ADOT has
held several formal training courses and
plans to continue these efforts during the
upcoming year. The ADOT provides new
hires with structured onboarding training
which includes coaching, mentoring, and
collaborative on-the-job training to facilitate
professional development. The ADOT EP
Training Officer tracks staff training needs
and completion of courses and updates this
document quarterly. Staff remarked during
interviews on the availability of training
offered to them and opportunities to travel
out of State for specialty technical courses.
Successful Practices
The audit team commends ADOT for
developing a detailed training plan and
committing resources to provide training
opportunities for staff. The ADOT EP
encourages staff to pursue individual training
interests and has undertaken efforts to ensure
staff maintains professional certifications.
The ADOT EP has developed a Web-based
training course for staff as an introduction to
NEPA Assignment. To further support the

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training program, ADOT EP utilizes a
dedicated training coordinator within the
environmental section.
Finalizing This Report
The FHWA provided a draft of the audit
report to ADOT for a 14-day review and
comment period. The ADOT provided
comments which the audit team considered
in finalizing this draft audit report. The audit
team acknowledges that ADOT has begun to
address some of the observations identified
in this report and recognizes ADOT’s efforts
toward improving their program. The FHWA
is publishing this notice in the Federal
Register for a 30-day comment period in
accordance with 23 U.S.C. 327(g). No later
than 60 days after the close of the comment
period, FHWA will address all comments
submitted to finalize this draft audit report
pursuant to 23 U.S.C. 327(g)(2)(B).
Subsequently, FHWA will publish the final
audit report in the Federal Register. The
FHWA will consider the results of this audit
in preparing the scope of the next annual
audit. The next audit report will include a
summary that describes the status of ADOT’s
corrective and other actions taken in
response to this audit’s conclusions.
[FR Doc. 2020–28503 Filed 12–23–20; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–36]

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

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)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On September 29,
2020, FRA published a notice providing
a 60-day period for public comment on
the ICR.
DATES: Interested persons are invited to
submit comments on or before January
27, 2021.
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 30-day Review—Open

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Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Notices
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration,
telephone: (202) 493–0440, email:
[email protected].
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.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On September 29,
2020, FRA published a 60-day notice in
the Federal Register soliciting comment
on the ICR for which it is now seeking
OMB approval. See 85 FR 61085. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days 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 also 60 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: Training, Qualification, and
Oversight for Safety-Related Railroad
Employees.

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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 49 CFR part 243
develops, adopts, submits, and complies
with a training program for each
category and subcategory of safetyrelated 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 on-the-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 extended the
effective date for developing the
required training program under
§ 243.101 for each Class I railroad, and
each intercity or commuter passenger
railroad conducting operations with
400,000 or more total annual employee
work hours to January 1, 2020, and for
all remaining employers subject to this
part 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.
Frequency of Submission: On
occasion.
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

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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. 2020–28471 Filed 12–23–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0097]

Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 Code of
Federal Regulations (CFR) and 49 U.S.C.
20502(a), this document provides the
public notice that on December 14,
2020, the National Railroad Passenger
Corporation (Amtrak) petitioned the
Federal Railroad Administration (FRA)
seeking approval to discontinue or
modify a signal system. FRA assigned
the petition Docket Number FRA–2020–
0097.
Applicant: National Railroad Passenger
Corporation, Nicholas J. Croce III, PE,
Deputy Chief Engineer, C&S, 2995
Market Street, Philadelphia, PA 19104
Specifically, Amtrak requests
permission to convert approximately 13
miles of its cab signal and fixed
automatic block signal system to a
signal system having cab signals
without fixed automatic block signals,
operated under NORAC Rule 562, on
Amtrak’s New York Division, Main Line
New York to Philadelphia, Northeast
Corridor, between County Interlocking
located at milepost (MP) 32.8 in New
Brunswick, New Jersey, and Union
Interlocking located at MP 19.7 in
Rahway, New Jersey. Amtrak is the
owner and operator of this line, but
Conrail and New Jersey Transit Rail
Operations (NJTRO) both operate on
portions of this line as tenants with
trackage rights. Both Conrail and NJTRO
have concurred with the application.
Amtrak’s proposed changes are to
remove 34 fixed automatic block signals
between County Interlocking and Union
Interlocking; convert each of the former
signal locations to block points on
Tracks 1, 2, 3, and 4; and install Clear
to the Next Interlocking ‘‘C’’ lights, per
NORAC Rule 280a, on interlocking
signals at County Interlocking
(eastward) and Edison, Lincoln, and
Union Interlockings (westward).
Amtrak states removing the signals
will eliminate maintenance and

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