Proposed Agency Information Collection Activities; Comment Request

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 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: Hours of Service Regulations.

OMB Control Number: 2130-0005.

Abstract: FRA's hours of service recordkeeping regulations (49 CFR part 228), amended as mandated by the Rail Safety Improvement Act of 2008, include substantive hours of service requirements for train employees ( i.e., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation ( e.g., maximum on-duty periods, minimum off-duty periods, and other limitations). The regulations also require railroads to evaluate passenger train employee work schedules for risk of employee fatigue and implement measures to mitigate the risk, and to submit to FRA for approval certain schedules and mitigation plans. Finally, the regulations include recordkeeping and reporting provisions requiring railroads to keep hours of service records, and report excess service, for train employees, signal employees, and dispatching service employees on both freight and passenger railroads. FRA uses the information collected to verify that railroads do not require or allow their employees to exceed maximum on-duty periods and ensure that they abide by minimum off-duty periods, and adhere to other limitations, to enhance rail safety and reduce the risk of accidents/incidents caused, or contributed to, by train employee fatigue.

In this 60-day notice, FRA is updating existing form FRA F 6180.3 Hours of Service Report to make the following edits:

• The term “Division” has been changed to “Place of Excess Service (City/State)”.
• Changing “Train or Engine Number (if train or engine crew)” to “Train ID/Job ID”.
• “Type of Service” has been updated by adding the following check boxes: “TEY”; “Signal”; “Dispatch” (respondent will check one box to reflect the type of service being performed at the time of excess service).
• The column, “Conservative Time Off Duty in Preceding 23-Hour Period” has been updated to “Previous Time Off”.
• Changing the term “Cause” to “Brief Description of Excess Service”.

Additionally, FRA made multiple adjustments that increased the previously approved burden hours from 1,283,507 to 1,284,832 hours. This increase, after a thorough review, is the result of the changes described in the following sections summarized below:

• Under § 228.19, Monthly reports of excess service, FRA determined that the annual submissions of form FRA F 6180.3, Exception Report, would increase the burden hours by 567 hours and 567 responses.
• Under §§ 228.103 and 228.107, Construction of employees' sleeping quarters—Petition request, FRA anticipates receiving zero petitions over the next three-year collection period. Accordingly, the burden hours were reduced by 48 hours.
• Under § 228.207, Refresher training, and § 228.411, Training programs on fatigue and related topics, FRA made burden estimate adjustments that more accurately reflect the number of responses and estimated average time required by each section, increasing the burden by 6 hours.
• Under § 228.407(f), Consultation with directly affected employees, FRA has determined that this requirement is not covered under the System Safety Program (SSP). Therefore, an estimated 800 burden hours has been added to this section.

Overall, the adjustments increased the total burden by 1,325 hours.

Type of Request: Extension without change (with changes in estimates) of a currently approved collection.

Affected Public: Businesses (railroads and signal contractors).

Form(s): FRA F 6180.3.

Respondent Universe: 797 railroads, signal contractors and subcontractors.

Frequency of Submission: On occasion.