[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Pages 15304-15310]
[FR Doc No: 2018-07278]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0247; Special Conditions No. 25-721-SC]

Special Conditions: Textron Aviation Inc. Model 700 Series
Airplanes; Side-Facing Seats--Installation of Airbag Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Textron Aviation
Inc. (Textron), Model 700 series airplanes that feature an inflatable
airbag system on multiple-place and single-place side-facing seats
(i.e., seats positioned in the airplane with the occupant facing 90
degrees to the direction of airplane travel). The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Textron Aviation Inc. on April 10,
2018. Send comments on or before May 25, 2018.

ADDRESSES: Send comments identified by Docket No. FAA-2018-0247 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin
Safety Section, AIR-675, Transport Standards Branch, Aircraft
Certification Service, 2200 South 216th St., Des Moines, Washington
98198-6547, telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
unnecessary because the substance of these special conditions has been
published in the Federal Register for public comment in several prior
instances with no substantive comments received. The FAA therefore has
determined that prior public notice and comment are unnecessary, and
finds that, for the same reason, good cause exists for making these
special conditions effective upon publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On November 20, 2014, Textron applied for a type certificate for
the Textron Model 700 series airplanes. The Textron Model 700 series
airplanes are low-wing, executive jet airplanes with seating provisions
for 2 crewmembers and up to 12 passengers. These airplanes will have a
maximum takeoff weight of 38,514 lbs.
    Textron's proposed passenger seating arrangement(s) include a
baseline 9-place and an optional 8-place and 10-place configuration.
The baseline configuration includes a forward right hand belted single-
place side-facing seat. An optional 10-place seat configuration
includes a left hand, aft-belted, three-place side-facing couch. The
multiple-place and single-place side-facing seats can be occupied for
taxi, takeoff, and landing, and incorporate an inflatable airbag
occupant protection system integrated into the side-facing seats. The
FAA determined that inflatable airbag systems are a novel or unusual
design feature and the existing airworthiness regulations do not
provide adequate or appropriate safety standards.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.17, Textron must show that the Textron Model 700 series
airplanes meet the applicable provisions of part 25, as amended by
Amendments 25-1 through 25-141.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Textron Model 700 series airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Textron Model 700 series airplanes must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Textron Model 700 series airplanes will incorporate the
following novel or unusual design feature:
    An inflatable airbag system on multiple-place and single-place
side-facing seats installed in Textron Model 700 series airplanes, in
order to reduce the potential for both head and leg injury in the event
of an accident.

Discussion

    Side-facing seats are considered a novel design for transport
category airplanes that include Sec. Sec.  25.562 and 25.785 at
Amendment 25-64 in their certification basis, and were not considered
when those airworthiness standards were issued. The FAA has determined
that the existing regulations do not provide adequate or appropriate
safety standards for occupants of side-facing seats. To provide a level
of safety

that is equivalent to that afforded to occupants of forward- and aft-
facing seats, additional airworthiness standards in the form of special
conditions are necessary.
    On June 16, 1988, 14 CFR part 25 was amended by Amendment 25-64 to
revise the emergency-landing conditions that must be considered in the
design of transport category airplanes. Amendment 25-64 revised the
static-load conditions in Sec.  25.561, and added a new Sec.  25.562
that required dynamic testing for all seats approved for occupancy
during takeoff and landing. The intent of Amendment 25-64 was to
provide an improved level of safety for occupants on transport category
airplanes. However, because most seating on transport category
airplanes is forward-facing, the pass/fail criteria developed in
Amendment 25-64 focused primarily on these seats. For some time, the
FAA granted exemptions for the multiple-place side-facing-seat
installations because the existing test methods and acceptance criteria
did not produce a level of safety equivalent to the level of safety
provided for forward- and aft-facing seats. These exemptions were
subject to many conditions that reflected the injury-evaluation
criteria and mitigation strategies available at the time of the
exemption issuance.
    The FAA also issued special conditions to address single-place
side-facing seats based on the data available at the time the FAA
issued those special conditions. Continuing concerns regarding the
safety of side-facing seats prompted the FAA to conduct research to
develop an acceptable method of compliance with Sec. Sec.  25.562 and
25.785(b) for side-facing seat installations. That research has
identified injury considerations and evaluation criteria in addition to
those previously used to approve side-facing seats (see published
report DOT/FAA/AR-09/41, July 2011).
    One particular concern that was identified during the FAA's
research program, but not addressed in the previous special conditions,
was the significant leg injuries that can occur to occupants of both
single- and multiple-place side-facing seats. Because this type of
injury does not occur on forward- and aft-facing seats, the FAA
determined that, to achieve the level of safety envisioned in Amendment
25-64, additional requirements would be needed as compared to
previously issued special conditions. Nonetheless, the research has now
allowed the development of a single set of special conditions that is
applicable to all fully side-facing seats.
    On November 5, 2012, the FAA released Policy Statement PS-ANM-25-
03-R1, ``Technical Criteria for Approving Side-Facing Seats,'' to
update existing FAA certification policy on Sec. Sec.  25.562 and
25.785(a) at Amendment 25-64 for single- and multiple-place side-facing
seats. This policy addresses both the technical criteria for approving
side-facing seats and the implementation of those criteria. The FAA
methodology detailed in Policy Statement PS-ANM-25-03-R1 was used to
establish a new set of proposed special conditions that incorporated
conditions for exemptions developed prior to the policy and included in
these new special conditions, others that reflect current research
findings specifically for neck and leg protection. We have frequently
issued these new special conditions for airbag systems in the shoulder
belts. While the Textron design integrate the airbag systems into the
side-facing seats that deploy from a different location then the
shoulder belts, the airbag will inflate at the same locations as those
in the shoulder belts. Therefore, the FAA is using the same special
conditions as for airbag systems in shoulder belts for this Textron
design as the airbag system functions the same.
    In Policy Statement PS-ANM-25-03-R1, conditions 1 and 2 are
applicable to all side-facing seat installations, whereas conditions 3
through 16 represent additional requirements applicable to side-facing
seats equipped with an airbag system in the shoulder belt. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Textron Model 700 series airplanes Should Textron apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis.
    In addition to the requirements of Sec. Sec.  25.562 and 25.785,
the following special condition numbers 1 and 2 are part of the type
certification basis of the Textron Model 700 series airplanes with
side-facing seat installations. For seat places equipped with airbag
systems, additional special condition numbers 3 through 16 are part of
the type certification basis.
    1. Additional requirements applicable to tests or rational analysis
conducted to show compliance with Sec. Sec.  25.562 and 25.785 for
side-facing seats:
    a. The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) to show compliance with the seat-strength requirements of
Sec.  25.562(c)(7) and (8), and these special conditions must have an
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572, subpart U) or
equivalent, or a Hybrid-II ATD (49 CFR part 572, subpart B, as
specified in Sec.  25.562) or equivalent, occupying each seat position
and including all items contactable by the occupant (e.g., armrest,
interior wall, or furnishing) if those items are necessary to restrain
the occupant. If included, the floor representation and contactable
items must be located such that their relative position, with respect
to the center of the nearest seat place, is the same at the start of
the test as before floor misalignment is applied. For example, if floor
misalignment rotates the centerline of the seat place nearest the
contactable item 8 degrees clockwise about the airplane x-axis, then
the item and floor representations must be rotated by 8 degrees
clockwise also to maintain the same relative position to the seat
place, as shown in Figure 1. Each ATD's relative position to the seat
after application of floor misalignment must be the same as before
misalignment is applied. To ensure proper loading of the seat by the
occupants, the ATD pelvis must remain supported by the seat pan, and
the restraint system must remain on the pelvis and shoulder of the ATD
until rebound begins. No injury-criteria evaluation is necessary for
tests conducted only to assess seat-strength requirements.

[GRAPHIC] [TIFF OMITTED] TR10AP18.005

    b. The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the injury assessments required
by Sec.  25.562(c) and these special conditions, may be conducted
separately from the test(s) to show structural integrity. In this case,
structural-assessment tests must be conducted as specified in paragraph
1a, above, and the injury-assessment test must be conducted without yaw
or floor misalignment. Injury assessments may be accomplished by
testing with ES-2re ATD (49 CFR part 572, subpart U) or equivalent at
all places. Alternatively, these assessments may be accomplished by
multiple tests that use an ES-2re at the seat place being evaluated,
and a Hybrid-II ATD (49 CFR part 572, subpart B, as specified in Sec.
25.562) or equivalent used in all seat places forward of the one being
assessed, to evaluate occupant interaction. In this case, seat places
aft of the one being assessed may be unoccupied. If a seat installation
includes adjacent items that are contactable by the occupant, the
injury potential of that contact must be assessed. To make this
assessment, tests may be conducted that include the actual item,
located and attached in a representative fashion. Alternatively, the
injury potential may be assessed by a combination of tests with items
having the same geometry as the actual item, but having stiffness
characteristics that would create the worst case for injury (injuries
due to both contact with the item and lack of support from the item).
    c. If a seat is installed aft of structure (e.g., an interior wall
or furnishing) that does not have a homogeneous surface contactable by
the occupant, additional analysis and/or test(s) may be required to
demonstrate that the injury criteria are met for the area which an
occupant could contact. For example, different yaw angles could result
in different injury considerations and may require additional analysis
or separate test(s) to evaluate.

    d. To accommodate a range of occupant heights (5th percentile
female to 95th percentile male), the surface of items contactable by
the occupant must be homogenous 7.3 inches (185 mm) above and 7.9
inches (200 mm) below the point (center of area) that is contacted by
the 50th percentile male size ATD's head during the longitudinal
test(s) conducted in accordance with paragraphs 1a, 1b, and 1c, of
these special conditions. Otherwise, additional head-injury criteria
(HIC) assessment tests may be necessary. Any surface (inflatable or
otherwise) that provides support for the occupant of any seat place
must provide that support in a consistent manner regardless of occupant
stature. For example, if an inflatable shoulder belt is used to
mitigate injury risk, then it must be demonstrated by inspection to
bear against the range of occupants in a similar manner before and
after inflation. Likewise, the means of limiting lower-leg flail must
be demonstrated by inspection to provide protection for the range of
occupants in a similar manner.
    e. For longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) and these special conditions, the ATDs must be positioned,
clothed, and have lateral instrumentation configured as follows:
    i. ATD positioning:
    (1) Lower the ATD vertically into the seat while simultaneously
(see Figure 2 for illustration):
[GRAPHIC] [TIFF OMITTED] TR10AP18.006

    (a) Aligning the midsagittal plane (a vertical plane through the
midline of the body; dividing the body into right and left halves) with
approximately the middle of the seat place.
    (b) Applying a horizontal x-axis direction (in the ATD coordinate
system) force of about 20 lbs. (89 N) to the torso at approximately the
intersection of the midsagittal plane and the bottom rib of the ES-2re
or lower sternum of the Hybrid-II at the midsagittal plane, to compress
the seat back cushion.
    (c) Keeping the upper legs nearly horizontal by supporting them
just behind the knees.
    (2) Once all lifting devices have been removed from the ATD:
    Rock it slightly to settle it in the seat.
    (a) Separate the knees by about 4 inches (100 mm).
    (b) Set the ES-2re's head at approximately the midpoint of the
available range of z-axis rotation (to align the head and torso
midsagittal planes).
    (c) Position the ES-2re's arms at the joint's mechanical detent
that puts them at approximately a 40 degree angle with respect to the
torso. Position the Hybrid-II ATD hands on top of its upper legs.
    (d) Position the feet such that the centerlines of the lower legs
are approximately parallel to a lateral vertical plane (in the aircraft
coordinate system).
    ii. ATD clothing: Clothe each ATD in form-fitting, mid-calf-length
(minimum) pants and shoes (size 11E) weighing about 2.5 lbs. (1.1 Kg)
total. The color of the clothing should be in contrast to the color of
the restraint system. The ES-2re jacket is sufficient for torso
clothing, although a form-fitting shirt may be used in addition if
desired.

    iii. ES-2re ATD lateral instrumentation: The rib-module linear
slides are directional, i.e., deflection occurs in either a positive or
negative ATD y-axis direction. The modules must be installed such that
the moving end of the rib module is toward the front of the aircraft.
The three abdominal-force sensors must be installed such that they are
on the side of the ATD toward the front of the aircraft.
    f. The combined horizontal/vertical test, required by Sec.
25.562(b)(1) and these special conditions, must be conducted with a
Hybrid II ATD (49 CFR part 572, subpart B, as specified in Sec.
25.562), or equivalent, occupying each seat position.
    g. Restraint systems:
    i. If inflatable restraint systems are used, they must be active
during all dynamic tests conducted to show compliance with Sec.
25.562.
    ii. The design and installation of seat-belt buckles must prevent
unbuckling due to applied inertial forces or impact of the hands/arms
of the occupant during an emergency landing.
    2. Additional performance measures applicable to tests and rational
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785
for side-facing seats:
    a. Body-to-body contact: Contact between the head, pelvis, torso,
or shoulder area of one ATD with the adjacent-seated ATD's head,
pelvis, torso, or shoulder area is not allowed. Contact during rebound
is allowed.
    b. Thoracic: The deflection of any of the ES-2re ATD upper, middle,
and lower ribs must not exceed 1.73 inches (44 mm). Data must be
processed as defined in Federal Motor Vehicle Safety Standards (FMVSS)
571.214.
    c. Abdominal: The sum of the measured ES-2re ATD front, middle, and
rear abdominal forces must not exceed 562 lbs. (2,500 N). Data must be
processed as defined in FMVSS 571.214.
    d. Pelvic: The pubic symphysis force measured by the ES-2re ATD
must not exceed 1,350 lbs. (6,000 N). Data must be processed as defined
in FMVSS 571.214.
    e. Leg: Axial rotation of the upper-leg (femur) must be limited to
35 degrees in either direction from the nominal seated position.
    f. Neck:
    As measured by the ES-2re ATD and filtered at CFC 600 as defined in
SAE J211:
    i. The upper-neck tension force at the occipital condyle (O.C.)
location must be less than 405 lbs. (1,800 N).
    ii. The upper-neck compression force at the O.C. location must be
less than 405 lbs. (1,800 N).
    iii. The upper-neck bending torque about the ATD x-axis at the O.C.
location must be less than 1,018 in lbs. (115 Nm).
    iv. The upper-neck resultant shear force at the O.C. location must
be less than 186 lbs. (825 N).
    g. Occupant (ES-2re ATD) retention: The pelvic restraint must
remain on the ES-2re ATD's pelvis during the impact and rebound phases
of the test. The upper-torso restraint straps (if present) must remain
on the ATD's shoulder during the impact.
    h. Occupant (ES-2re ATD) support:
    i. Pelvis excursion: The load-bearing portion of the bottom of the
ATD pelvis must not translate beyond the edges of its seat's bottom
seat-cushion supporting structure.
    ii. Upper-torso support: The lateral flexion of the ATD torso must
not exceed 40 degrees from the normal upright position during the
impact.
    3. For seats with an airbag system, show that the airbag system
will deploy and provide protection under crash conditions where it is
necessary to prevent serious injury. The means of protection must take
into consideration a range of stature from a 2-year-old child to 95th
percentile male. The airbag system must provide a consistent approach
to energy absorption throughout that range of occupants. When the seat
systems include airbag systems, the systems must be included in each of
the certification tests as they would be installed in the airplane. In
addition, the following situations must be considered:
    a. The seat occupant is holding an infant.
    b. The seat occupant is a pregnant woman.
    4. The airbag systems must provide adequate protection for each
occupant regardless of the number of occupants of the seat assembly,
considering that unoccupied seats may have an active airbag system.
    5. The design must prevent the airbag systems from being
incorrectly installed, such that the airbag systems would not properly
deploy. Alternatively, it must be shown that such deployment is not
hazardous to the occupant and will provide the required injury
protection.
    6. It must be shown that the airbag system is not susceptible to
inadvertent deployment as a result of wear and tear, or inertial loads
resulting from in-flight or ground maneuvers (including gusts and hard
landings), and other operating and environment conditions (vibrations,
moisture, etc.) likely to occur in service.
    7. Deployment of the airbag system must not introduce injury
mechanisms to the seated occupant or result in injuries that could
impede rapid egress. This assessment should include an occupant whose
belt is loosely fastened.
    8. It must be shown that inadvertent deployment of the airbag
system during the most critical part of the flight, will either meet
the requirement of Sec.  25.1309(b) or not cause a hazard to the
airplane or its occupants.
    9. It must be shown that the airbag system will not impede rapid
egress of occupants 10 seconds after airbag deployment.
    10. The airbag systems must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified
in existing regulations regarding lightning, Sec.  25.1316, and HIRF,
Sec.  25.1317, are incorporated by reference for the purpose of
measuring lightning and HIRF protection.
    11. The airbag system must function properly after loss of normal
aircraft electrical power, and after a transverse separation of the
fuselage at the most critical location. A separation at the location of
the airbag systems does not have to be considered.
    12. It must be shown that the airbag system will not release
hazardous quantities of gas or particulate matter into the cabin.
    13. The airbag system installations must be protected from the
effects of fire such that no hazard to occupants will result.
    14. A means must be available for a crew member to verify the
integrity of the airbag activation system prior to each flight or it
must be demonstrated to reliably operate between inspection intervals.
The FAA considers that the loss of the airbag system deployment
function alone (i.e., independent of the conditional event that
requires the airbag system deployment) is a major-failure condition.
    15. The inflatable material may not have an average burn rate of
greater than 2.5 inches/minute when tested using the horizontal
flammability test defined in part 25, appendix F, part I, paragraph
(b)(5).
    16. The airbag system, once deployed, must not adversely affect the
emergency lighting system (e.g., block floor proximity lights to the
extent that the lights no longer meet their intended function).

    Issued in Des Moines, Washington.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-07278 Filed 4-9-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89020-89023]
[FR Doc No: 2023-28380]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-38]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), 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) summarized 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
February 26, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0597) in any correspondence
submitted. FRA will summarize comments received in a subsequent 30-day
notice and include them in its information collection submission to OMB
for approval.

FOR FURTHER INFORMATION CONTACT:  Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>, or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

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, 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: The regulations under 49 CFR part 243 set forth FRA's
minimum training and qualification requirements for each category and
subcategory of safety-related railroad employee, regardless of whether
the employee is employed by a railroad or a contractor of the railroad.
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 (RSIA) of 2008.\1\ The final rule required
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 required most
employers to conduct periodic oversight of their own employees and
annual written reviews of their training programs to close performance
gaps.\2\
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    \1\ Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified
at 49 U.S.C. 20162.
    \2\ 79 FR 66459.
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    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 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 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
2020, FRA developed requirements for a training program under Sec.
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.
    In this 60-day notice, FRA makes adjustments that will reduce the
currently approved burden hours from 91,069 to 66,565 hours. The
decrease, after a thorough review, is the result of a reduced estimate
of annual responses for the number of training programs under Sec.
243.103.
    Type of Request: Extension without change (with changes in
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: 164,275.

                                                                    Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total cost
            CFR section              Respondent universe       Total annual        Average time per     Total annual     Wage rates      equivalent in
                                                                 responses             response         burden hours                      U.S. dollars
                                                           (A).................  (B).................     (C = A * B)                      (D = C * wage
                                                                                rates) \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
243.101(a)(2)--Training program     1,046 railroads/       200 training          250 hours...........       50,000.00          $85.93      $4,296,500.00
 required for each employer not      contractors.           programs.
 covered by (a)(1) and subject to
 this part by May 1, 2021.
--(b) Submission by new employers   10 new railroads/      10 training programs  20 hours............          200.00          123.41          24,682.00
 commencing operations after Jan.    contractors.
 1, 2020, not covered by (a)(2).
--(e) Contractor's duty to          400 railroad           150 documents.......  15 minutes..........           37.50           85.93           3,222.38
 validate approved program to a      contractors.
 railroad (Revised requirement).
--(f) Railroad's duty to retain     1,046 railroads/       1,046 copies........  2 minutes...........           34.87           85.93           2,996.38
 copies of contractor's validation   contractors.
 documents (Revised requirement).
243.103(d)--Training components     1,155 railroads/       10 modified training  5 hours.............           50.00           85.93           4,296.50
 identified in program;              contractors.           programs.
 modifications to components of
 the training programs.
243.109(b)--Previously approved     155 railroads/         75 informational      8 hours.............          600.00           85.93          51,558.00
 programs requiring an               contractors/learning   filings.
 informational filing when           institutions.
 modified.
--(c) New portions or substantial   10 railroads/          10 revised training   16 hours............          160.00           85.93          13,748.80
 revisions to an approved training   contractors.           programs.
 program.
--(c) New portions or substantial   50 railroads/          50 revised training   8 hours.............          400.00           85.93          34,372.00
 revisions to an approved training   contractors.           programs.
 program found non-conforming to
 this part by FRA--revisions
 required.
--(d)(1)(i) Copy of additional      50 railroads/          50 copies...........  10 minutes..........            8.33           85.93             715.80
 submissions, resubmissions, and     contractors.
 informational filings to labor
 organization presidents.
--(d)(1)(ii) Railroad statement     228 railroads/         76 affirming          10 minutes..........           12.67           85.93           1,088.73
 affirming that a copy of            contractors.           statements.
 submissions, resubmissions, or
 informational filings has been
 served to labor organization
 presidents.

--(d)(2) Labor comments on          228 railroad labor     3 comments..........  30 minutes..........            1.50           85.93             128.90
 railroad training program           organizations.
 submissions, resubmissions, or
 informational filings.
243.111(g)--Safety-related          109 training           5,450 records.......  5 minutes...........          454.17           85.93          39,026.83
 railroad employees instructed by    organizations/
 training organizations or           learning
 learning institution--              institutions.
 recordkeeping.
--(h) Training organizations or     109 training           545 records.........  5 minutes...........           45.42           85.93           3,902.94
 learning institutions to provide    organizations/
 student's training transcript or    learning
 training record to any employer     institutions.
 upon request by the student.
--(b) New employers operating       10 new railroads/      10 designation lists  15 minutes..........            2.50           85.93             214.83
 after January 1, 2020, not          contractors.
 covered by (a)(2), designation of
 safety-related employees by job
 category--lists.
--(c) Training records of newly     4,800 employees......  4,800 records.......  15 minutes..........        1,200.00           85.93         103,116.00
 hired employees or those assigned
 new safety-related duties.
--(d)(1)(i) Requests for relevant   4,800 employees......  250 record requests.  5 minutes...........           20.83           85.93           1,789.92
 qualification or training record
 from an entity other than current
 employer.
243.203--(a)-(e) Recordkeeping--    10 railroads/          10 recordkeeping      30 minutes..........            5.00           85.93             429.65
 Systems set up to meet FRA          contractors/training   systems.
 requirements--general               organizations/
 requirements for qualification      learning
 status records, accessibility.      institutions.
--(f) Transfer of records to        1,155 railroads/       3 railroads.........  30 minutes..........            1.50           85.93             128.90
 successor employer--If an           contractors/training
 employer ceases to do business      organizations/
 and its assets will be              learning
 transferred to a successor          institutions.
 employer, it shall transfer to
 the successor employer all
 records required to be maintained
 under this part, and the
 successor employer shall retain
 them for the remainder of the
 period prescribed in this part.
243.205(c)--Railroad                746 railroads........  300 identifications.  5 minutes...........           24.90           85.93           2,139.66
 identification of supervisory
 employees who conduct periodic
 oversight tests by category/
 subcategory.
--(f) Notification by RR of         300 contractors......  90 employee notices.  10 minutes..........           15.00           85.93           1,288.95
 contractor employee non-
 compliance with federal laws/
 regulations/orders to employee
 and employee's employer.
--(f) Notification by RR of         300 contractors......  270 employer notices  10 minutes..........           45.00           85.93           3,866.85
 contractor employee non-
 compliance with federal laws/
 regulations/orders to employee
 and employee's employer.
--(i) and (j) Employer records of   1,046 railroads/       150,000 records.....  5 minutes...........       12,500.00           85.93       1,074,125.00
 periodic oversight.                 contractors.
243.207(a)--Written annual review   22 railroads.........  22 reviews..........  16 hours............          352.00           85.93          30,247.36
 of safety data (Railroads with
 400,000 annual employee work
 hours or more).
--(b) Railroad copy of written      22 railroads.........  22 review copies....  5 minutes...........            1.83           85.93             157.25
 annual review at system
 headquarters.
--(e) Railroad notification to      22 railroads.........  2 notifications.....  15 minutes..........            0.50           85.93              42.97
 contractor of relevant training
 program adjustments.
243.209(a)-(b)--Railroad-           746 railroads........  746 lists...........  30 minutes..........          373.00           85.93          32,051.89
 maintained list of contractors
 utilized.
--(c) Railroad duty to update list  746 railroads........  75 updated lists....  15 minutes..........           18.75           85.93           1,611.19
 of contractors utilized and
 retain record for at least 3
 years showing if a contractor was
 utilized in last 3 years.
                                   ---------------------------------------------------------------------------------------------------------------------
    Total \4\.....................  1,155 railroads/       164,275 responses...  N/A.................          66,565  ..............          5,727,450
                                     contractors/training
                                     organizations/
                                     learning
                                     institutions.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 164,275.
    Total Estimated Annual Burden: 66,565.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$5,727,450.
    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 that does

not display a currently valid OMB control number.
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    \3\ Throughout the tables in this document, the dollar
equivalent cost is derived from the 2022 Surface Transportation
Board Full Year Wage A & B data series using the appropriate
employee group to calculate the average hourly rate that includes 75
percent overhead.
    \4\ Totals may not add up due to rounding.
---------------------------------------------------------------------------

    Authority: 44 U.S.C. 3501-3520.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2023-28380 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-06-P