30-Day Federal Register Notice

2019-03051.pdf

State Safety Participation Regulations and Remedial Actions

30-Day Federal Register Notice

OMB: 2130-0509

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5811

Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
Total Estimated Annual Burden:
15,305 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $1,091,934.
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.). The Drug
Enforcement Agency, which is primarily
responsible for enforcing the CSA,

oversees the classification of controlled
substances into five schedules.
Schedule I contains illicit drugs, such as
heroin, which has no legitimate medical
use under Federal law. Currently, FRA
routinely conducts post-accident tests
for: Marijuana, cocaine, phencyclidine,
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.
Since its inception, FRA’s postaccident testing program has had 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 allows FRA to conduct
post-accident tests for any substance
(e.g., carbon monoxide) that its
preliminary investigation shows may
have played a role in an accident.
Because FRA research indicates that
prescription and over-the-counter (OTC)

drug use has become prevalent among
railroad employees, FRA has added
sedating antihistamines, a commonly
used category of OTC drugs, to its
standard post-accident testing panel to
determine whether use of these drugs
contributes to the cause or severity of
train accidents.
FRA uses its post-accident testing
data for monitoring, research, and
accident investigation purposes.
Research generated by post-accident
testing data may result in the addition
of other non-controlled substances to
FRA’s standard post-accident testing
panel.
Type of Request: Extension with
change (revised estimates) of a currently
approved information collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 692 Railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

CFR section

Respondent
universe

Total annual
responses

Average time per
response

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.

692 railroads ...........

9 reports + 9 report
copies.

15 minutes + 5 minutes.

Total Estimated Annual Responses:
18.
Total Estimated Annual Burden: 3
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $330.
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 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.
Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–03050 Filed 2–21–19; 8:45 am]
BILLING CODE 4910–06–P

75-percent overhead costs). FRA used an hourly
rate of $27 per hour for the value of the public’s
time.

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Total
annual
burden
hours

Total annual
dollar cost
equivalent 3

3

$330

Under the Paperwork
Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the
Information Collection Requests (ICRs)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICRs describe
the information collections and their
expected burden. On November 14,
2018, FRA published a notice providing

a 60-day period for public comment on
the ICRs.
DATES: Interested persons are invited to
submit comments on or before March
25, 2019.
ADDRESSES: Submit written comments
on the ICRs to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503,
Attention: FRA Desk Officer. Comments
may also be sent via email to OMB at
the following address: oira_
[email protected].
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Room W33–497,
Washington, DC 20590 (telephone: 202–
493–6292); or Ms. Kim Toone,
Information Collection Clearance
Officer, Office of Administration, Office

3 Again, as noted in the footnote above, FRA
consulted the AAR publication Railroad Facts, 2017
(p. 57) to determine the hourly wage rate for the
dollar equivalent cost of the specified burden hours.

FRA used the hourly wage rate of $62.98 for
executives, officials, and staff assistants plus 75percent overhead costs. Thus, the hourly wage rate
for this group comes to $110.

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–1]

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

SUMMARY:

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5812

Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices

of Information Technology, Federal
Railroad Administration, 1200 New
Jersey Avenue SE, Room W34–212,
Washington, DC 20590 (telephone: 202–
493–6132).
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 November 14,
2018, FRA published a 60-day notice in
the Federal Register soliciting comment
on the ICRs for which it is now seeking
OMB approval. See 83 FR 56909. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve these proposed collections 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 30-day
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.
Comments are invited on the
following ICRs 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 summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: State Safety Participation
Regulations and Reporting of Remedial
Actions.
OMB Control Number: 2130–0509.
Abstract: The collection of
information is set forth under 49 CFR
part 212, and requires qualified state

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inspectors to provide various reports to
FRA for monitoring and enforcement
purposes concerning state investigative,
inspection, and surveillance activities
regarding railroad compliance with
Federal railroad safety laws and
regulations. Additionally, under 49 CFR
part 209, subpart E, railroads are
required to report to FRA actions taken
to remedy certain alleged violations of
law.
Type of Request: Extension with
change (revised estimates) of a currently
approved information collection.
Form(s): FRA F 6180.33/61/67/96/
96A/109/110/111/112/144.
Respondent Universe: States and
Railroads.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
82,402.
Total Estimated Annual Burden:
49,047 hours.
Total Estimated Burden Hours Dollar
Equivalent Cost: $3,629,478.
Title: Use of Locomotive Horns at
Highway-Rail Grade Crossings.
OMB Control Number: 2130–0560.
Abstract: Under 49 CFR part 222, FRA
seeks to collect information from
railroads and public authorities in order
to increase safety at public highway-rail
grade crossings nationwide by requiring
that locomotive horns be sounded when
trains approach and pass through these
crossings or by ensuring that a safety
level at least equivalent to that provided
by routine locomotive horn sounding
exists for quiet zone corridors in which
horns are silenced. FRA reviews
applications by public authorities
intending to establish new quiet zones
or, in some cases, continue pre-rule
quiet zones to ensure the necessary level
of safety is achieved.
Type of Request: Extension with
change (revised estimates) of a currently
approved information collection.
Form(s): N/A.
Respondent Universe: 728 Railroads/
340 Public Authorities.
Frequency of Submission: On
occasion.
Total Estimated Annual Responses:
4,362.
Total Estimated Annual Burden:
9,236 hours.
Total Estimated Burden Hours Dollar
Equivalent Cost: $681,983.
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 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.

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Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019–03051 Filed 2–21–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–OST–2019–0028]

Notice of Request for Clearance of a
Revision a Currently Approved
Information Collection: National
Census of Ferry Operators
Bureau of Transportation
Statistics (BTS) Office of the Assistant
Secretary for Research and Technology
(OST–R), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
this notice announces the intention of
the BTS to request the Office of
Management and Budget’s (OMB’s)
approval for new iterations of an ongoing biennial information collection
related to the nation’s ferry operations.
The information collected from each
Census will be used to produce a
descriptive database of existing ferry
operations. A summary report of survey
findings will also be published by BTS
on the BTS web page: www.bts.gov/ncfo.
DATES: Comments must be submitted on
or before April 23, 2019.
ADDRESSES: You may submit comments
identified by DOT Docket ID Number
DOT–OST–2019–0028 to the U.S.
Department of Transportation (DOT),
Dockets Management System (DMS).
You may submit your comments by mail
or in person to the Docket Clerk, Docket
No., U.S. Department of Transportation,
1200 New Jersey Ave. SE, West Building
Room W12–140, Washington, DC 20590.
Comments should identify the docket
number as indicated above. Paper
comments should be submitted in
duplicate. The DMS is open for
examination and copying, at the above
address, from 9 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
If you wish to receive confirmation of
receipt of your written comments,
please include a self-addressed,
stamped postcard with the following
statement: ‘‘Comments on Docket DOT–
OST–2019–0028.’’ The Docket Clerk
will date stamp the postcard prior to
returning it to you via the U.S. mail.
Please note that due to delays in the
delivery of U.S. mail to Federal offices
in Washington, DC, we recommend that
persons consider an alternative method
SUMMARY:

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