March 21, 2014, FR Notice (60-day)

Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2014–0011–N–6]

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

In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting the
information collection request (ICR)
below for clearance by the Office of
Management and Budget (OMB), FRA is
soliciting public comment on specific
aspects of the activities identified
below.
DATES: Comments must be received no
later than May 20, 2014.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–0005.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6479, or via email to
Mr. Brogan at [email protected], or
to Ms. Toone at Kimberly.Toone@
dot.gov. 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal

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SUMMARY:

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Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, sec. 2, 109
Stat. 163 (1995) (codified as revised at
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 for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
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; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(i)–(iv); 5 CFR
1320.8(d)(1)(i)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.

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Below is a brief summary of currently
approved information collection
activities that FRA will submit for
clearance by OMB as required under the
PRA:
Title: Hours of Service Regulations.
OMB Control Number: 2130–0005.
Abstract: FRA amended its hours of
service recordkeeping regulations, to
add substantive hours of service
regulations, including maximum onduty periods, minimum off-duty
periods, and other limitations, for train
employees (e.g., locomotive engineers
and conductors) providing commuter
and intercity rail passenger
transportation on August 12, 2011. See
76 FR 50359. The new substantive
regulations require that railroads
employing such train employees
analyze and mitigate the risks for fatigue
in the schedules worked by these train
employees, and that the railroads
submit to FRA for its approval the
relevant schedules and fatigue
mitigation plans. This final rule also
made corresponding changes to FRA’s
hours of service recordkeeping
regulation to require railroads to keep
hours of service records and report
excess service to FRA in an manner
consistent with the new substantive
requirements. This regulation was
authorized by the Rail Safety
Improvement Act (RSIA) of 2008. The
information collected under this rule is
used by FRA and its inspectors to
ensure compliance with the Hours of
Service Laws and the requirements of
this regulation. In particular, the new
information collected as a result of new
Subpart F is used by FRA to verify that
the employees of covered commuter and
intercity passenger railroads do not
exceed maximum on-duty periods,
abide by minimum off-duty periods, and
adhere to other limitations set forth in
this regulation to enhance rail safety
and reduce the risk of accidents/
incidents caused by train employee
fatigue, as well as those accident/
incidents where fatigue of train
employees served as a contributory
factor.
Form Number(s): FRA F 6180.3.
Affected Public: Businesses.
Respondent Universe: 768 railroads/
signal contractors.
Frequency of Submission: On
occasion/monthly.
Reporting Burden:

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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Notices

Respondent universe

Total annual responses

Average time per
response

228.11—Hours of Duty Records ......................

768 railroads/signal contractors.
150 Dispatch Offices ..............

27,429,750 records .......

2,856,125

200,750 records ............

1 min./.5 min./10
minutes.
3 hours .................

300 railroads ...........................
50 railroads .............................

2,670 reports .................
1 petition .......................

2 hours .................
16 hours ...............

5,340
16

9 railroads ...............................

5 modifications ..............

120 hours .............

600

9 railroads ...............................

1 program with system
security etc..
100 electronic records
access procedures.
47,000 trained employees.
2200 trained employees

720 hours .............

720

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

50

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

47,000

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

2,200

2 petition .......................

10 hours ...............

20

280 railroads ...........................

5 exemption requests ...

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

40

140 railroads ...........................

10 exemption requests

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

20

140 railroads ...........................

5 exemption requests ...

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

3

168 railroads ...........................

28 analyses ...................

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

2,240

168 railroads ...........................

20 reports ......................

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

40

168 railroads ...........................
168 railroads ...........................

15 plans ........................
15 submissions .............

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

60
60

168 railroads ...........................

5 submissions ...............

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

20

168 railroads ...........................

20 decisions ..................

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

40

168 railroads ...........................

148 written declarations

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

148

168 railroads ...........................
168 railroads ...........................

2 documents .................
28 analyses ...................

2 hours .................
4 hours .................

4
112

168 railroads ...........................
168 railroads ...........................
168 railroads ...........................
Railroad Employees/Employee
Organizations.

2 documents .................
28 plans ........................
20 consults ....................
5 statements .................

2
4
4
2

.................
.................
.................
.................

4
112
80
10

168 railroads ...........................
168 railroads ...........................

20 hours ...............
1 hour ...................

580
10,200

1 hour ...................
5 minutes .............
1 hour ...................

150
863
100

15 hours ...............

60

228.17—Dispatcher’s Records of Train Movements.
228.19—Monthly Reports of Excess Service ..
228.103—Construction of Employee Sleeping
Quarters—Petitions to Allow Construction
near Work Area.
228.203—Program Components—Electronic
Recordkeeping—Modification for Daylight
Savings Time.
—System Security/Individual User I.D./P Program Logic Capabilities/Search Capabilities.
228.205—Access to Electronic Records—System Access Procedures for Inspectors.
228.207—Training in Use of Electronic System—Initial Training.
—Refresher Training ........................................
49 U.S.C. 21102(b)—The Federal Hours of
Service Laws—Petitions for Exemption from
Laws.
228.403—Exemption Requests from Passenger/Commuter Railroads.
—Initial Exemption Requests from Tourist/Excursion Railroads.
—Renewal Exemption Requests from Tourist/
Excursion Railroads.
228.407—Analysis of Work Schedules Submissions.
—Reports to FRA of Work Schedules that
Violate Fatigue Threshold.
—Fatigue Mitigation Plans Submitted to FRA
—Submission of Work Schedules Using Validation Model Violating Threshold that can
Be Mitigated by Tools.
—Submission of Work Schedules Using Validation Model Violating Threshold that cannot Be Mitigated by Tools.
—Railroad Determination of Necessary
Schedules.
—Railroad Declaration that No Work Schedule
Needs to Be Submitted to FRA for Violating
Fatigue Threshold.
—Corrected Work Schedules/Etc. ...................
—Submission of Follow-Up Analysis by Railroad Due to Work Schedule Change.
—Corrected Work Schedules/Etc. ...................
—Updated Fatigue Mitigation Plans ................
—Railroad Consultation with Employees .........
—Filed Statements with FRA by Employees
and Employee Organizations Unable to
Reach Consensus with Railroad on Work
Schedules or Mitigation Tools.
228.411—Training Programs ...........................
—Employee Initial Training ..............................

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Total annual
burden
hours

CFR section

768 railroads/signal contractors.
768 railroads/signal contractors.
768 railroads/signal contractors.
10 railroads .............................

—New Employees Initial Training ....................
—Records of Training ......................................
—Written Declaration by Tourist Railroads for
Exclusion from This Section’s Requirements.
—Appendix D: Guidance on Fatigue Management Plan.

168 railroads ...........................
168 railroads ...........................
140 railroads ...........................

29 programs ..................
10,200 trained employees.
150 trained employees
10,350 records ..............
100 written declarations

168 railroads ...........................

4 plans ..........................

Estimated Annual Burden: 3,529,267
hours.
Status: Extension of a Currently
Approved Collection:

Pursuant to 44 U.S.C. 3507(a) and 5
CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may
not conduct or sponsor, and a
respondent is not required to respond

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hours
hours
hours
hours

602,250

to, a collection of information unless it
displays a currently valid OMB control
number.

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Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Notices
Authority: 44 U.S.C. 3501–3520.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2014–06159 Filed 3–20–14; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0038]

Notice of Buy America Waiver for the
Pad and Rubber Boot of a Concrete
Block for a Low Vibration Track
System
AGENCY:

Federal Transit Administration,

DOT.
ACTION:

Notice of Buy America waiver.

In response to the MTA
Capital Construction Company’s
(MTACC) request for a Buy America
waiver for the pad and rubber boot of a
concrete block for the Low Vibration
Track (LVT) system that it is
constructing on behalf of New York
Metropolitan Transportation Authority’s
(MTA) operating agency, New York City
Transit (NYCT), the Federal Transit
Administration (FTA) hereby waives its
Buy America requirements on the basis
of non-availability for the pad and
rubber boot—components of the
concrete blocks used in MTA’s LVT
system. This waiver is limited to Phase
1 of the Second Avenue Subway Project
and is valid only for the pads and
rubber boots already procured for this
project.

SUMMARY:

This waiver is effective
immediately.

DATES:

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FOR FURTHER INFORMATION CONTACT:

Mary J. Lee, FTA Attorney-Advisor, at
(202) 366–0985 or [email protected].
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to announce
that FTA is granting a non-availability
waiver for the procurement of pads and
rubber boots that are a part of the
concrete blocks used for NYCT’s LVT
system. This LVT system currently is
under construction as part of Phase 1 of
the Second Avenue Subway Project,
which is an FTA-funded project. This
waiver is limited to Phase 1 of the
Second Avenue Subway Project and is
valid only for the pads and boots
already procured for use in this project.
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49

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U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) All of the
manufacturing processes for the product
take place in the United States; and (2)
all of the components of the product are
of U.S. origin. A component is
considered of U.S. origin if it is
manufactured in the United States,
regardless of the origin of its
subcomponents. 49 CFR 661.5(d). If,
however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
On September 11, 2013, MTACC
formally requested a Buy America
waiver for the pad and rubber boot. This
request came after FTA issued a June 20,
2013 decision that the pad and rubber
boot were components of the concrete
block—the manufactured end product.
According to MTACC, the LVT system
for which the two components would be
used to address operational noise and
vibration issues, which had been
identified as significant adverse impacts
in the Final Environmental Impact
Statement and Record of Decision for
the Second Avenue Subway Project. In
addition, among other things, the LVT
system is designed to meet National Fire
Protection Association requirements
and the vertical and horizontal gap
tolerances between the platform and the
train floor required to comply with the
Americans with Disabilities Act.
Furthermore, according to MTA, the
LVT system has a proven performance
history, an expected useful life in excess
of 60 years, and would meet the
performance requirements of MTA–
NYCT’s standard specifications.
In its September 11, 2013 request,
MTACC also stated that it had, at the
time of the procurement, believed that
the pad and rubber boot were
subcomponents and that they could be
foreign-sourced while remaining in
compliance with FTA’s Buy America
requirements. Notwithstanding FTA’s
caution and this pending waiver
request, MTACC has continued to
proceed with construction of its LVT
system.
On December 17, 2013, FTA
published a Federal Register notice
requesting comment on MTACC’s
waiver request. 78 FR 76402. No
comments were received to the docket.
Concurrently, FTA is working with
the U.S. Department of Commerce,
National Institute for Standards and
Technology (NIST), to determine if there
are U.S. manufacturers that may be

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15797

willing and able to manufacture the pad
and rubber boot.
Notwithstanding FTA’s research and
the possibility that there may be a pad
and rubber boot domestically
manufactured in the future, because
testing of any new product for MTA’s
LVT system likely would halt the
Second Avenue Subway project and
could cause an additional delay of over
one year, FTA is hereby granting a nonavailability waiver for the pad and
rubber boot. As stated above, this waiver
is limited to Phase 1 of the Second
Avenue Subway Project and is valid
only for the pads and boots already
procured for use in this project.
For any potential Buy America waiver
requests that MTA and its operating
administrations may decide to make in
the future regarding the pad and the
rubber boot (or other materials), FTA
expects that such requests will be made
prior to contract award. While MTACC
originally procured the pad and the
rubber boot based upon its belief that
those items were subcomponents, MTA
is now aware that the pad and rubber
boot are components of the concrete
block. Therefore, FTA will carefully
scrutinize any future waiver requests
per 49 CFR 661.7(c) and such waiver
requests are unlikely to be granted if
FTA determines that MTA has not
continued its good faith efforts to seek
U.S.-manufactured pads and rubber
boots. FTA views good faith efforts to
include, among other things, engaging
U.S. manufacturers in an effort to
develop components that are made in
the United States, or seeking technical
assistance from FTA.
Dana Nifosi,
Deputy Chief Counsel.
[FR Doc. 2014–06220 Filed 3–20–14; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0030]

Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for extension of a
currently approved collection of
information.
AGENCY:

This notice solicits public
comments on continuation of the
requirements for the collection of
information on safety standards. Before

SUMMARY:

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