February 22, 2019, FR Notice (60-Day)

5807

Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
Average
time per
response
(hours)

Total
annual
burden
hours

Total
annual
burden
cost *

Form No.

Respondent universe

Total annual
responses

Survey #1: Grantee and Contractor
Collection Form.

1,250 Grantees, Sub-grantees,
Prime-Contractors, and SubContractors.
35,000 DBE and non-DBE firms ....

500 surveys .......

4

2,000

$115,300

2,750 surveys ....

.25

688

39,663

20,000 DBE and non-DBE firms ....

250 focus group
participants.
4,250 surveys ....

1

250

14,413

.05

213

12,279

Survey #2: Experiences with Discrimination.
Focus Groups on Experiences with
Discrimination.
Survey #3: DBE Status Verification

28,000 DBE and non-DBE firms ....

Note: The annual hourly wage rate for the above calculations is $57.65 and is derived from the Management Occupations (Occupational Code
11–0000) Bureau of Labor Statistics of the U.S. Department of Labor: Occupational Employment Statistics, May 2017, National Occupational
Employment and Wage Estimates.

Total Estimated Annual Responses:
7,750.
Total Estimated Annual Burden:
3,151 hours.
Total Estimated Dollar Cost:
$181,655.
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. 2019–03049 Filed 2–21–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–2]

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

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Requests (ICRs) abstracted below. Before
submitting these ICRs to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified below.
DATES: Interested persons are invited to
submit comments on or before April 23,
2019.
ADDRESSES: Submit written comments
on the ICRs activities by mail to either:
SUMMARY:

VerDate Sep<11>2014

16:52 Feb 21, 2019

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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; or Ms. Kim
Toone, Information Collection Clearance
Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W34–212,
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–XXXX,’’ (the
relevant OMB control number for each
ICR is listed below) and should also
include the title of the ICR.
Alternatively, comments may be faxed
to (202) 493–6216 or (202) 493–6497, or
emailed to Mr. Brogan at
[email protected], or Ms. Toone at
[email protected]. 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, 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 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

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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 ICRs 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, FRA reasons that 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 summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: Safety Appliance Standards
Guidance Checklist Forms.
OMB Control Number: 2130–0565.
Abstract: Sample car/locomotive
inspections are performed upon request
as a courtesy to the car manufacturers to
ensure that the equipment is built in
accordance with the Code of Federal

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5808

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

Regulations (CFR). Car manufacturers
that desire to have FRA review their
equipment for compliance with the
CFR, may submit their request to FRA
for review at least 60 days prior to
initial construction. Although a sample
car inspection is not required, most car
manufacturers today request the
inspection. By helping ensure that
rolling stock equipment is built
compliant with the CFR, the sample car
inspection program reduces the safety
risk to railroad employees, passengers,
and the general public.
In an ongoing effort to conduct more
thorough and effective inspections of
freight railroad equipment and to
further enhance safe rail operations,
FRA has developed a group of guidance
checklist forms that facilitate railroad,
rail car owner, and rail equipment
manufacturer compliance with 49 CFR
part 231, Railroad Safety Appliance

Standards. Because 49 CFR part 231 was
supplemented and expanded several
years ago, FRA developed Forms FRA F
6180.161(a)–(k) to cover new types of
cars. For these new types of cars, FRA
follows the standard established by the
Association of American Railroads
(AAR), Standard 2044 or S–2044.
A car manufacturer’s request to FRA
for a sample car inspection generally
includes a logo, company name,
signature block, specific drawings,
reflectorization application, and
engineering information, such as test or
modeling of components. In addition,
the request may include car reporting
marks and the number of cars that
would be constructed in the car series.
The request would also provide the
inspection location, contact person,
title, and contact information. The
request typically contains several
paragraphs explaining the cited
Respondent
universe

Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form
Form

FRA
FRA
FRA
FRA
FRA
FRA
FRA
FRA
FRA
FRA
FRA

F
F
F
F
F
F
F
F
F
F
F

6180.161a .....................
6180.161b .....................
6180.161c .....................
6180.161d .....................
6180.161e .....................
6180.161f ......................
6180.161g .....................
6180.161h .....................
6180.161i ......................
6180.161j ......................
6180.161a .....................

Car
Car
Car
Car
Car
Car
Car
Car
Car
Car
Car

manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State
manufacturers/State

Total annual
responses
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors
Inspectors

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

Public Law 110–432, Div. A (Oct. 16,
2008). Generally, the rule is intended to
increase safety at highway-rail 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 can notify
the railroads by toll-free telephone
number of safety problems at their
highway-rail and pathway grade
crossings. Such systems are commonly
known as Emergency Notification
Systems or ENS. The information
collected is used by FRA to ensure that

1 The hourly wage rate to calculate the dollar cost
equivalent for customers and state employees
amounts to $61.20 per hour, which includes an
hourly wage rate of $42.84 plus an hourly benefit
of $18.34. FRA obtained this information from the
Department of Labor, Bureau of Labor Statistics
(BLS), Occupational Employment Statistics (OES)
11–3011, classified within NAICS 999200, State

Government—excluding schools and hospitals. See
https://www.bls.gov/oes/current/naics4_
999200.htm.

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Average time
per response
(minutes)

20 forms ......
7 forms ........
15 forms ......
15 forms ......
15 forms ......
10 forms ......
3 forms ........
3 forms ........
20 forms ......
3 forms ........
10 forms ......

Total Estimated Annual Responses:
121.
Total Estimated Annual Burden: 121
hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $7,406.
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, Grade Crossing Safety,
implementing Section 205 of the Rail
Safety Improvement Act of 2008 (RSIA),

VerDate Sep<11>2014

regulations that the car manufacturer
believes are related to the car
construction. For the many cars built
today considered cars of special
construction, detailed information
explaining the similarities between the
car being built and the nearest car type
identified in the regulation are provided
to help determine which regulatory
requirements are applicable. Based on
the information submitted, a formal onsite inspection may be required. FRA
reviews the information and responds to
the car manufacturer.
Type of Request: Extension without
change of a currently approved
information collection.
Affected Public: Businesses.
Form(s): FRA F 6180.161(a)–(k).
Respondent Universe: Car
manufacturers/State Inspectors.
Frequency of Submission: Annually.
Reporting Burden:

Sfmt 4703

60
60
60
60
60
60
60
60
60
60
60

Total annual
burden hours
20
7
15
15
15
10
3
3
20
3
10

Total annual
dollar cost
equivalent 1
$1,224
428
918
918
918
612
184
184
1,224
184
612

railroad carriers establish and maintain
a toll-free telephone service to report
unsafe conditions at public and private
highway-rail and pathway grade
crossings for rights-of-way over which
they dispatch trains.
Type of Request: Extension with
change (revised estimates) of a currently
approved information collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 625 Railroads.
Frequency of Submission: On
occasion.
Reporting Burden:

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5809

Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
Total
annual
burden
hours

Total
annual
dollar cost
equivalent 2

CFR section

Respondent
universe

Total annual
responses

Average time
per response

234.303(c)—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.
234.305(a)(2)—Prompt 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, prompt 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, prompt
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 contacts
all trains authorized to operate
through it and record unsafe condition.
—(c)(1)-Dispatching
RR
having
maintenance duty for crossing
contact of law enforcement authority 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
disabled vehicle/other obstruction.
—Dispatching RR having maintenance duty contact of law enforcement authority after report of disabled vehicle/other obstruction.

625 railroads ...........

63,891 reports ........

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

1,065

$28,755

625 railroads ...........

1,860 reports/1,860
records.

1 minute + 1 minute

62

4,526

625 railroads ...........

465 contacts ...........

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

8

576

625 railroads ...........

465 contacts + 465
records.

1 minute + 1 minute

16

1,168

625 railroads ...........

925 contacts + 925
records.

1 minute + 1 minute

31

2,232

625 railroads ...........

925 contacts ...........

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

15

1,095

625 railroads ...........

920 contacts ...........

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

15

1,095

625 railroads ...........

920 contacts ...........

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

15

1,095

625 railroads ...........

920 contacts + 920
records.

1 minute + 1 minute

31

2,263

625 railroads ...........

2 contacts + 2
records.

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

.06666

5

625 railroads ...........

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

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

.03333

2

625 railroads ...........

7,440 contacts +
7,440 unsafe condition records.

1 minute + 1 minute

248

17,980

625 railroads ...........

7,440 contacts ........

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

124

9,052

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5810

Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Notices
Total
annual
burden
hours

Total
annual
dollar cost
equivalent 2

CFR section

Respondent
universe

Total annual
responses

Average time
per response

(d)(2)—Dispatching RR not having
maintenance authority contact of
all trains operating through highway-rail or pathway grade crossing after report of disabled vehicle/
other obstruction.
—Dispatching RR not having maintenance authority contact of law
enforcement authority after report
of disabled vehicle/other obstruction.
—Dispatching RR contact of maintaining RR regarding report of disabled vehicle/other obstruction
and maintaining record of reported
obstruction.
(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 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 maintaining
RR as primary maintaining RR
where multiple RRs dispatch trains
through the same highway-rail and
pathway grade crossing to place
and maintain ENS sign.
234.307(b)—Third-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)—Third-party telephone service
report to dispatching RR of unsafe
condition.
(d)(1)—Provision of contact information to third-party telephone 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 third-party service.
(d)(3)—RR written notification by RR
of any changes in use or discontinuance of third-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.
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.

625 railroads ...........

2,556 contacts ........

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

43

3,066

625 railroads ...........

2,556 contacts ........

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

43

3,139

625 railroads ...........

2,556 contacts +
2,556 records.

1 minute + 1 minute

86

6,278

625 railroads ...........

10 contacts .............

x1 minute ................

.1667

12

625 railroads ...........

50 indications/
records.

60 minutes ..............

50

3,650

625 railroads ...........

50 indications/
records.

60 minutes ..............

50

3,650

625 railroads ...........

50 reports + 50
records.

1 minute + 1 minute

2

146

625 railroads ...........

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

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

1

73

625 railroads ...........

5 contact calls .........

15 minutes ..............

1

73

625 railroads ...........

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

60 minutes ..............

5

365

625 railroads ...........

1 letter .....................

60 minutes ..............

1

73

625 railroads ...........

10 contacts .............

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

5

365

625 railroads ...........

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

15 minutes ..............

1,000

66,000

625 railroads ...........

186,000 signs .........

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

12,400

905,200

Total Estimated Annual Responses:
298,292.
2 FRA consulted AAR publication Railroad Facts,
2017 (p.57), to calculate the dollar equivalent cost

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16:52 Feb 21, 2019

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for burden hours associated with this particular
information collection. The hourly wage rate for
each appropriate employee group is burdened with
75-percent overhead costs. The two most common
employee groups for this table pertain to
professional/administrative staff and transportation,

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other than train and engine. The hourly wage for
the first group is $73 per hour ($41.97 plus 75percent overhead costs), and the hourly wage rate
for the second group is $72 per hour ($42.27 plus

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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.

VerDate Sep<11>2014

16:52 Feb 21, 2019

Jkt 247001

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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