December 30, 2020, FR Notice (60-Day)

Dec. 30 2020 FR Notice (60-Day).pdf

Conductor Certification

December 30, 2020, FR Notice (60-Day)

OMB: 2130-0596

Document [pdf]
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86644

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices

• noncontroversial and do not raise
issues of concern to other Federal
agencies;
• targeted to the solicitation of
opinions from respondents who have
experience with the program or may
have experience with the program in the
near future;
• only collecting personally
identifiable information (PII) to the
extent necessary and not retaining it;
• only collecting information
intended to be used only internally for
general service improvement and
program management, and any release
outside the agency must indicate the
qualitative nature of the information;
• not to be used for the purpose of
substantially informing influential
policy decisions; and
• intended to yield only qualitative
information; the collections will not be
designed or expected to yield
statistically reliable results or used as
though the results are generalized to the
population of study.
This type of generic clearance for
qualitative information will not be used
for quantitative information collections
that are designed to yield reliably
actionable results, such as monitoring
trends over time or documenting
program performance. Such data uses
require more rigorous designs that
address: The target population to which
generalizations will be made; the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size; and the expected response
rate, methods for assessing potential
nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior to
fielding the study. Depending on the
degree of influence the results are likely
to have, such collections may still be
eligible for submission for other
mechanisms that are designed to yield
quantitative results. As a general matter,
information collections will not result
in any new system of records containing
privacy information and will not ask
questions of a sensitive nature, such as
sexual behavior and attitudes, religious
beliefs, and other matters that are
commonly considered private.
Title: Generic Clearance of Customer
Satisfaction Surveys.
OMB Control Number: 2126–0061.
Type of Request: Renewal of currently
approved collection.
Respondents: State and local agencies,
general public and stakeholders;
original equipment manufacturers
(OEM) and suppliers to the commercial
motor vehicle (CMV) industry; fleets,
owner-operators, state CMV safety

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agencies, research organizations and
contractors; news organizations and
safety advocacy groups.
Estimated Number of Respondents:
5,900 [5,000 customer satisfaction
survey respondents + 100 listening
sessions/stakeholder feedback forums
respondents + 300 focus group
respondents + 500 strategic planning
customer satisfaction survey
respondents].
Estimated Time per Response: Range
from 10 to 120 minutes.
Expiration Date: August 31, 2021.
Frequency of Response: Generally, on
an annual basis.
Estimated Total Annual Burden:
1,758 hours [833 hours for customer
satisfaction surveys + 200 hours for
listening sessions/stakeholder feedback
forums + 600 hours for focus groups +
125 hours for strategic planning
customer satisfaction surveys].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2020–28849 Filed 12–29–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–38]

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

SUMMARY:

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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.
Interested persons are invited to
submit comments on or before March 1,
2021.

DATES:

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.

ADDRESSES:

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.

SUPPLEMENTARY INFORMATION:

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86645

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
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 conductors. As
part of that program, railroads are
required to have a formal process for
training prospective conductors and

determining that all persons are
competent before permitting them to
serve as a conductor. FRA intended the
regulation 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 of conductors, and territorial
qualifications.
Type of Request: Extension with
change (estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 765 railroads.
Frequency of Submission: On
occasion.
Reporting Burden:
Total annual
burden
hours

Total cost
equivalent 2

3 hours ..............................
8 hours ..............................

9
24

$693
2,880

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

2

154

765 railroads ............

6 certification program
submission copies.
6 affirmative statements ...

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

2

154

765 railroads ............
765 railroads ............

6 certified comments ........
15 modified programs .......

4 hours ..............................
3 hours ..............................

24
45

1,848
3,465

765 railroads ............

3 resubmitted certification
programs.
15 certificate program material modifications.
3 modified certification
programs.
400 records of trainings ....

2 hours ..............................

6

462

2 hours ..............................

30

2,310

2 hours ..............................

6

462

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

13

767

765 railroads ............

200 records + 200 comments.

30 minutes + 10 minutes ..

133

9,647

765 railroads ............

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

2,700

207,900

765 railroads ............
765 railroads ............
48,500 conductors ...

16,200 eligibility determinations.
150 initial certifications .....
125 re-certifications ..........
16,200 written requests ....

10 minutes ........................
10 minutes ........................
15 minutes ........................

25
21
4,050

1,925
1,617
238,950

48,500 conductors ...

25 notices .........................

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

4

236

48,500 conductors ...
48,500 conductors ...

400 self-reporting ..............
16,200 motor vehicle
record evaluations.
400 DAC referrals .............

10 minutes ........................
5 minutes ..........................

67
1,350

3,953
79,650

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

33

3,960

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

10

1,200

4 hours ..............................

200

24,000

15 minutes + 30 minutes ..

270

20,790

48,500 conductors ...

20 requests and supplied
records.
50 conditional certification
recommendations.
360 requests + 360
records.
16,200 determinations ......

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

540

31,860

48,500 conductors ...

400 filed documents .........

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

200

24,000

765 railroads ............

30 self-referrals .................

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

5

600

765 railroads ............

16,200 certification reviews.

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

2,700

324,000

765 railroads ............

150 written determinations

1 hour ...............................

150

18,000

765 railroads ............

300 notifications ................

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

150

11,550

48,500 conductors ...

300 waived investigations

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

50

2,950

765 railroads ............

16,200 records ..................

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

540

64,800

765 railroads ............
765 railroads ............

2 minutes ..........................
10 minutes ........................

540
2,700

64,800
324,000

765 railroads ............

16,200 records ..................
16,200 medical examiner
certificates.
100 written documents .....

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

50

6,000

765 railroads ............

100 written documents .....

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

50

6,000

CFR section 1

Respondent universe

Total annual
responses

Average time per
response

242.9—Waivers—petitions ...........................................
242.103(b)—Approval of design of individual railroad
programs by FRA—Certification programs for new
railroads.
—(c)(1) Conductor certification submission—Copies to rail labor organizations (RLOs).
—(c)(2) Affirmative statements that copies of
submissions were sent to RLOs.
—(d) Certified comments on submissions ............
—(g) Certification programs disapproved by FRA
and then revised.
—(h) Revised certification programs still not conforming and then resubmitted.
—(i)(2) Certification programs materially modified
after initial FRA approval.
—(i)(3) Materially modified programs disapproved
by FRA and then revised.
242.107—Types of service—reclassification to passenger conductor or RR imposes restrictions.
242.109—Opportunity for certification candidates to
review and comment on prior safety record, and
RRs to retain/respond to comments.
242.111(b)—Prior safety conduct as motor vehicle
operator—eligibility determinations.
—(c) Initial certification for 60 days ......................
—(d) Recertification for 60 days ...........................
—(h) Request to obtain driver’s license information from licensing agency.
—(k) Notification to RR by persons of never having a license.
—(l) Report of motor vehicle incidents .................
—(m)–(n) Evaluation of driving record ..................

765 railroads ............
3 new railroads ........

3 petitions .........................
3 new conductor certification programs.

765 railroads ............

—(o)(1) Drug and alcohol counselor (DAC) referral by RR after report of driving drug/alcohol incident.
—(o)(2) DAC request and supply by persons of
prior counseling or treatment.
—(o)(3) Conditional certifications recommended
by DAC.
242.113—Prior safety conduct as employee of a different railroad.
242.115(b)—Determination that person meets eligibility requirements.
—(c) Written documents from DAC that person is
not affected by a substance abuse disorder.
—(d) Self-referral by conductors for substance
abuse counseling.
—(e) Certification reviews for occurrence/documentation of prior alcohol/drug conduct by persons/conductors.
—(e)(3)(i) Written determination that most recent
incident has occurred.
—(e)(3)(ii) Notification to person that recertification has been denied.
—(e)(4) Persons/conductors waiving investigation/de-certifications.
242.117(b)—Vision and hearing acuity—determination
vision standards met.
—(b) Determination hearing standards met .........
—(c)(1) Medical examiner certificate that person
has been examined/passed test.
—(c)(2)(i) Document standards met with conditions.
—(c)(2)(ii) Document standards not met ..............

765 railroads ............

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765 railroads ............
765 railroads ............
35 railroads ..............

765 railroads ............
765 railroads ............
48,500 conductors ...

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86646

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Total annual
burden
hours

Total cost
equivalent 2

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

833

99,960

30 minutes + 10 minutes ..

67

4,950

30 minutes + 10 minutes ..

17

1,238

30 minutes + 10 minutes ..

67

7,283

20 notifications ..................

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

3

177

3 training programs ..........

3 hours ..............................

9

1,080

3 programs .......................
100 written documents .....

30 minutes ........................
1 hour ...............................

2
100

154
7,700

765 railroads ............

24 modified training programs.

2 hours ..............................

48

3,696

765 railroads ............

1,000 consultations ...........

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

250

14,750

765 railroads ............

20 training records ............

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

5

295

765 railroads ............

16,200 training records .....

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

4,050

238,950

765 railroads ............

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

4,050

238,950

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

250

14,750

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

2,700

207,900

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

167

12,859

765 railroads ............

16,200 examination
records.
1,000 retests or reexamination records.
16,200 unannounced compliance test records.
1,000 unannounced compliance test records.
100 determinations ...........

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

50

2,950

765 railroads ............

20 determinations .............

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

10

590

765 railroads ............

16,200 record retentions ..

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

4,050

311,850

765 railroads ............
765 railroads ............

20 amended records ........
2,000 displayed certificates.
1,000 notifications .............

30 minutes ........................
2 minutes ..........................

10
67

770
3,953

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

167

9,853

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

42

3,234

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

1 hour

70

765 railroads ............

500 temporary replacement certificates.
5 locomotive engineer notifications.
10 notifications ..................

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

2

118

53 railroads ..............

53 reviews and analyses ..

40 hours ............................

2,120

163,240

765 railroads ............
320 railroads ............

53 reports .........................
1,000 determinations ........

4 hours ..............................
15 minutes ........................

212
250

16,324
14,750

320 railroads ............

500 notifications ................

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

83

4,897

765 railroads ............

40 notices + 40 responses

1 hour + 1 hour ................

80

5,440

765 railroads ............

80 notifications ..................

1 hour ...............................

80

6,160

765 railroads ............

1,000 certification reviews

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

250

14,750

765 railroads ............

1,000 written determinations.
1,000 revoked certifications.
1,000 suspended certification letters.
1,000 determinations ........

1 hour ...............................

1,000

59,000

8 hours ..............................

8,000

960,000

1 hour ...............................

1,000

77,000

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

250

14,750

1,000 records ....................
1,000 written decisions .....
1,000 served written decisions + 1,000 service
proofs.

15 minutes ........................
2 hours ..............................
10 minutes + 5 minutes ....

250
2,000
250

19,250
240,000
19,250

CFR section 1

Respondent universe

Total annual
responses

Average time per
response

—(e) Notation person needs corrective device
(glasses/hearing aid).
—(j) Request for further medical evaluation for
new determination.
—(j) Request for second retest and another medical evaluation.
—(j) Consultations by medical examiners with
railroad officer and issue of conditional certification.
—(k) Notification by certified conductor of deterioration of vision/hearing.
242.119(a)—Training—new railroads—training program.
—(a) Modification to training program ..................
—(c) Completion of training program by conductors/persons—documents.
—(d)(5) Modified training programs due to new
laws, regulations, orders, technologies, procedures, or equipment.
—(f) Employee consultation with qualified supervisory employee if given written test to demonstrate knowledge of physical characteristics
of any assigned territory.
—(i) Familiarization training for conductor of acquiring railroad from selling company/railroad
prior to commencement of new operation.
—(l) RR continuous education/training of conductors.
242.121(a)—Knowledge testing—determining eligibility.
—(g) Retests/re-examinations ..............................

765 railroads ............

5,000 certificate notifications.
100 requests + 100
records of field tests.
25 retest requests + 25 reviews.
100 consults + 100 certifications.

765 railroads ............
3 new railroads ........
765 railroads ............
765 railroads ............

242.123(c)—Monitoring
operational
performance
—unannounced compliance tests and records.
—(f) Return to service that requires unannounced compliance test/record.
242.125—Determination made by railroad relying on
another railroad’s certification.
242.127—Reliance on qualification requirements of
other countries.
242.203(b)—Retaining information supporting determination—records.
—(c) Amended electronic records ........................
242.209(a)—Maintenance of certificates—request to
display certificate.
—(b) Notification by conductors that RR request
to serve exceeds certification.
242.211—Replacement of certificates .........................
242.213(e)—Multiple certificates—notification to engineer that no conductor is on train.
—(f) Notification of denial of certification by individuals holding multiple certifications.
242.215(a)—Railroad oversight responsibility—review
and analysis of administration of certification program.
—(d) Report of findings by RR to FRA .................
242.301(a)—Determinations—territorial
qualification
and joint operations.
—(b) Notification by persons who do not meet
territorial qualification.
242.401(a)—Denial of certification—notification to
candidate of information that forms basis for denying certification.
—(c) Written notification of denial of certification,
including the basis and response to any rebuttal from the candidate.
242.403—Criteria for revoking certification—review of
compliance conduct.
242.405—Period of ineligibility—written determination
that the most recent incident has occurred.
242.407(a)—Process
for
revoking
certification
—revocation for violations of § 242.115(e).
—(b)(1) Immediate suspension of certificate ........
—(b)(5) Determinations based on railroad hearing record.
—(b)(7) Hearing record .........................................
—(c) Written decisions by railroad official ............
—(c) Service of written decision on employee by
RR and RR retains proof of service.

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765 railroads ............
765 railroads ............
765 railroads ............

765 railroads ............
765 railroads ............
765 railroads ............

765 railroads ............
765 railroads ............
35 railroads ..............

765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............
765 railroads ............

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86647

Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
Total annual
burden
hours

Total cost
equivalent 2

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

117
3

6,903
360

100 updated records ........

1 hour ...............................

100

7,700

222,386 responses ...........

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

49,761

4,303,437

Respondent universe

Total annual
responses

Average time per
response

—(f) Written waiver of right to hearing .................
—(g) Revocation of certification based on information that another railroad has done so.
—(j) Placing relevant information in record prior
to suspending certification/convening hearing.

48,500 conductors ...
765 railroads ............

700 written waivers ...........
15 revoked certifications ...

765 railroads ............

Totals .............................................................

765 railroads ............

CFR section 1

Total Estimated Annual Responses:
222,386.
Total Estimated Annual Burden:
49,761 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $4,303,437.
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. 2020–28832 Filed 12–29–20; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–37]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), 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, 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 October 16, 2020,

SUMMARY:

1 The current inventory exhibits a total burden of
856,406 hours while the total burden of this notice
is 49,761 hours. FRA determined some of the
burdens were outdated and already completed.
Other burdens 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.

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FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before January
29, 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
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 October 16, 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 65899. FRA
received no comments related to the
proposed collection of information.
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 30day 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.

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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: Safety and Health Requirements
Related to Camp Cars.
OMB Control Number: 2130–0595.
Abstract: Subparts C and E of 49 CFR
part 228 address the construction of
railroad-provided sleeping quarters
(camp cars) and set certain safety and
health requirements for such camp cars.
Specifically, subpart E of part 228
prescribes minimum safety and health
requirements for camp cars that a
railroad provides as sleeping quarters to
any of its train employees, signal
employees, and dispatching service
employees (covered-service employees)
and individuals employed to maintain
its right-of-way. Subpart E requires
railroad-provided camp cars to be clean,
safe, and sanitary, and be equipped with
indoor toilets, potable water, and other
features to protect the health of car
occupants. Subpart C of part 228
prohibits a railroad from positioning a
camp car intended for occupancy by
individuals employed to maintain the
railroad’s right-of-way in the immediate
vicinity of a switching or humping yard
that handles railcars containing
hazardous materials. Generally, the
requirements of subparts C and E of part
228 are intended to provide coveredservice employees an opportunity for
rest free from the interruptions caused
by noise under the control of the
railroad.

E:\FR\FM\30DEN1.SGM

30DEN1


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