December 29, 2015, FR Notice (60-Day)

Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA 2015–0007–N–32]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation.
ACTION: Notice and request for
comments.
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 these
information collection requests (ICRs)
for clearance by the Office of
Management and Budget (OMB), FRA is
soliciting public comment on specific
aspects of the activities identified
below.

SUMMARY:

Comments must be received no
later than February 29, 2016.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Information Collection
Clearance Officer Office of Safety,
Regulatory Safety Analysis Division,
RRS–21, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 25, Washington, DC
20590, or Ms. Kimberly Toone,
Information Collection Clearance
Officer, 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-__.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan at [email protected], or
to Ms. Toone at [email protected].
Please refer to the assigned OMB control
number in any correspondence
submitted. FRA will summarize
asabaliauskas on DSK5VPTVN1PROD with NOTICES

DATES:

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, Information Collection
Clearance Officer, Regulatory Safety
Analysis Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Information Collection Clearance
Officer, 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 tollfree.)
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.
Below is a brief summary of the
currently approved ICRs that FRA will
submit for clearance by OMB as
required under the PRA:
Title: System for Telephonic
Notification of Unsafe Conditions at
Highway-Rail and Pathway Grade
Crossings.
OMB Control Number: 2130–0591.
Abstract: The collection of
information is set forth under 49 CFR
part 234. The rule is intended
specifically to help implement Section
205 of the Rail Safety Improvement Act
of 2008 (RSIA), Public Law 110–432,
Division A, which was enacted on
October 16, 2008. Generally, the rule is
intended to increase safety at highwayrail and pathway grade crossings.
Section 205 of the RSIA mandates that
the Secretary of Transportation require
certain railroad carriers to take a series
of specified actions related to setting up
and using systems by which the public
is able to notify the railroad by toll-free
telephone number of safety problems at
its highway-rail and pathway grade
crossings. Such systems are commonly
known as Emergency Notification
Systems (ENS) or ENS programs. 49 CFR
part 234 implements Section 2015 of the
RSIA. The information collected is used
by FRA to ensure that railroad carriers
establish and maintain a toll-free
telephone service to report emergencies
at all public, private, and pedestrian
grade crossings for rights-of-way over
which they dispatch trains.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: Railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

CFR Section

Respondent
universe

Total annual
responses

Average time per
response

234.303(b)—Receipt by dispatching RR of report of unsafe condition at highway-rail grade crossing.
—(d)—Receipt by dispatching RR of report of unsafe condition
at pathway grade crossing.

594 railroads .....

63,891 reports .....

1 minute ............

594 railroads .....

1,850 reports/
1,860 records.

1 minute + 1
minute.

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Total annual
burden hours
1,065
62

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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
CFR Section

Respondent
universe

Total annual
responses

Average time per
response

234.305(a)(2)—Immediate contact by dispatching RR not having
maintenance responsibility of all trains authorized to operate
through the crossing in response to credible report of warning
system malfunction at highway-rail grade crossing.
—(a)(2)—Contact of crossing maintenance RR by dispatching
RR not having maintenance responsibility in response to
credible report of warning system malfunction at highway-rail
grade crossing.
—(b)(1)—In response to public report of warning system malfunction at highway-rail grade crossing immediate contact by
dispatching RR having maintenance duty for crossing of all
trains authorized to operate through that crossing.
—Dispatching RR having maintenance duty for crossing contact of appropriate law enforcement authority with necessary
information regarding reported malfunction.
234.305(b)(2)—In response to public report of warning system malfunction at highway-rail grade crossing immediate contact by dispatching RR not having maintenance duty for that crossing of all
trains authorized to operate through that crossing.
—Dispatching RR contact of law enforcement authority to direct
traffic/maintain safety.
—Dispatching RR contact of maintaining RR re: reported malfunction and maintaining record of unsafe condition.
—(c)(1)—In response to report of warning system failure at
pathway grade crossing dispatching RR having maintenance
duty contact of all trains authorized to operate through it and
record of unsafe condition.
—Dispatching RR contact of law enforcement authority agencies to direct traffic/maintain safety after above report.
234.305(d)(1)—Dispatching RR having maintenance authority contact of all trains operating through highway-rail or pathway grade
crossing after report of disable vehicle.
—Dispatching RR having maintenance duty contact of law enforcement authority after report of disabled vehicle/other obstruction.
(d)(2)—Dispatching RR not having maintenance authority contact of
all trains operating through highway-rail or pathway grade crossing after report of disable vehicle/unsafe condition.
—Dispatching RR contact not having maintenance authority
contact of all trains operating through highway-rail or pathway grade crossing after report of disable vehicle/other unsafe condition.
—Dispatching RR contact of maintaining RR regarding unsafe
condition at crossing & record of unsafe condition.
(h)—Provision of contact information by maintaining RR to dispatching RR for reports of unsafe conditions at highway-rail and
pathway grade crossings.
234.306(a)—Appointment of one (1) dispatching RR as primary dispatching RR where multiple RRs dispatch trains through the
same highway-rail and pathway grade crossing to provide info.
for ENS sign.
(b)—Appointment of one (1) maintaining RR as primary maintaining
RR where multiple RRs dispatch trains through the same highway-rail and pathway grade crossing to provide info. for ENS sign.
234.307(b)—3rd Party telephone service report of unsafe condition
at highway-rail or pathway grade crossing to maintaining RR and
maintaining RR record of unsafe condition.
(c)—3rd Party telephone service report to dispatching RR of unsafe
condition.
(d)(1)—Provision of contact information to 3rd party telephone service or maintaining RR using that service to receive reports of unsafe condition at highway-rail or pathway grade crossings.
(d)(2)—Written notice by RR to FRA of intent to use 3rd party service.
(d)(3)—RR written notification e by RR of any changes in use or
discontinuance of 3rd party service.
234.309(a)—ENS Signs—General—Provision of ENS telephone
number to maintaining RR by dispatching RR if two RRs are not
the same.
(b)—ENS Signs located at highway-rail or pathway grade crossings
as required by § 234.311 with necessary information to receive
reports required under § 234.303.

594 railroads .....

465 contacts .......

1 minute ............

594 railroads .....

465 contacts +
465 records.

1 minute + 1
minute.

16

594 railroads .....

925 contacts +
925 records.

1 minute + 1
minute.

30

594 railroads .....

925 contacts .......

1 minute ............

15

594 railroads .....

920 contacts .......

1 minute ............

15

594 railroads .....

920 contacts .......

1 minute ............

15

594 railroads .....

920 contacts +
920 records.
2 contacts + 2
records.

1 minute + 1
minute.
1 minute ............

30
.06666

594 railroads .....

2 contacts ...........

1 minute ............

03333

594 railroads .....

7,440 contacts
+7,440 rcds..

1 minute + 1
minute.

248

594 railroads .....

7,440 contacts ....

1 minute ............

124

594 railroads .....

2,556 contacts ....

1 minute ............

43

594 railroads .....

2,556 contacts .....

1 minute ............

43

594 railroads .....

2,556 contacts +
2,556 record.
10 contacts ..........

1 minute + 1
minute.
594 railroads .....

86
.1667

594 railroads .....

50 indications &
records.

60 minutes .........

50

594 railroads .....

50 indications/
records.

60 minutes .........

50

594 railroads .....

50 reports + 50
records.

1 minute + 1
minute.

2

594 railroads .....

50 reports ............

1 minute ............

1

594 railroads .....

17 contact calls ...

15 minutes .........

4

594 railroads .....

17 letters .............

60 minutes ........

17

594 railroads .....

5 letters ...............

60 minutes .........

5

594 railroads .....

10 contacts .........

30 minutes .........

5

594 railroads .....

81,948 signs .......

30 minutes .........

40,974

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594 railroads .....

594 railroads .....

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Total annual
burden hours
8

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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
CFR Section

Respondent
universe

Total annual
responses

Average time per
response

234.311(c)—Repair or replacement of ENS after discovery by responsible railroad of missing, damaged, or otherwise unusable/illegible sign to vehicular/pedestrian traffic.
234.313—Recordkeeping—Records of reported unsafe conditions
pursuant to § 234.303.

594 railroads .....

4,000 signs .........

15 minutes .........

1,000

594 railroads .....

186,000 signs ......

4 minutes ...........

12,400

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Total Estimated Responses: 56,445.
Total Estimated Total Annual Burden:
56,308 hours.
Type of Request: Extension of a
currently approved collection.
Title: Control of Alcohol and Drug
Use in Railroad Operations: Addition of
Post-Accident Toxicological Testing for
Non-Controlled Substances.
OMB Control Number: 2130–0598.
Abstract: Since 1985, as part of its
accident investigation program, FRA has
conducted post-accident alcohol and
drug tests on railroad employees who
have been involved in serious train
accidents (50 FR 31508, Aug. 2, 1985).
If an accident meets FRA’s criteria for
post-accident testing (see 49 CFR
219.201), FRA conducts tests for alcohol
and for certain drugs classified as
controlled substances under the
Controlled Substances Act (CSA), Title
II of the Comprehensive Drug Abuse
Prevention Substances Act of 1970
(CSA, 21 U.S.C. 801 et seq.). Controlled
substances are drugs or chemicals that
are prohibited or strictly regulated
because of their potential for abuse or
addiction. The Drug Enforcement
Agency (DEA), which is primarily
responsible for enforcing the CSA,
oversees the classification of controlled

substances into five schedules.
Schedule I contains illicit drugs, such as
marijuana and heroin, which have no
legitimate medical use under Federal
law. Currently, FRA routinely conducts
post-accident tests for the following
drugs: marijuana, cocaine,
phencyclidine (PCP), and certain
opiates, amphetamines, barbiturates,
and benzodiazepines. Controlled
substances are drugs or chemicals that
are prohibited or strictly regulated
because of their potential for abuse or
addiction.
FRA research indicates that
prescription and OTC drug use has
become prevalent among railroad
employees. For this reason, FRA has
added certain non-controlled substances
to its routine post-accident testing
program, which currently routinely tests
only for alcohol and controlled
substances. At this time, FRA is adding
two types of non-controlled substances,
tramadol (a synthetic opioid) and
sedating antihistamines. Publication of
the PATT Final Rule, however, in no
way limits FRA’s post-accident testing
to the identified substances or in any
way restricts FRA’s ability to make
routine amendments to its standard

CFR section

Respondent
universe

219.211(a)(b)(c)—RR Medical Review Officer (MRO) review of employee post-accident toxicological testing result reported as positive for alcohol or a controlled substance by designated laboratory and MRO report to FRA of Review Results.

698 railroads .....

Total Estimated Responses: 32.
Total Estimated Annual Burden: 5
hours.
Status: Regular Review.
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
to, a collection of information unless it
displays a currently valid OMB control
number.

19:17 Dec 28, 2015

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Average time per
response

16 reports + 16
report copies.

Total annual
burden hours

15 minutes + 5
minutes.

5

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2015–0143]

[FR Doc. 2015–32713 Filed 12–28–15; 8:45 am]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel U
TURN; Invitation for Public Comments

BILLING CODE 4910–06–P

Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:

As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build

SUMMARY:

Authority: 44 U.S.C. 3501–3520.

VerDate Sep<11>2014

post-accident testing panel without
prior notice. Furthermore, in addition to
its standard post-accident testing panel,
FRA always has the ability to test for
‘‘other impairing substances specified
by FRA as necessary to the particular
accident investigation.’’ See 49 CFR
219.211(a). This flexibility is essential,
since it allows FRA to conduct postaccident tests for any substance (e.g.,
carbon monoxide) that its preliminary
investigation shows may have played a
role in an accident.
FRA uses the additional information
collected for research and accident
investigation purposes. The addition of
non-controlled substances to the postaccident testing panel helps inform FRA
about a broader range of potentially
impairing prescription and OTC drugs
that may be currently contributing to the
cause or severity of train accidents/
incidents. Research generated by these
data will inform future agency policy
decisions regarding these noncontrolled substances.
Form Number(s): N/A.
Affected Public: Businesses.
Respondent Universe: 698 railroads.
Frequency of Submission: On
occasion.

Total annual
responses

Issued in Washington, DC on December 23,
2015.
Corey Hill,
Acting Executive Director.

Total annual
burden hours

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