Aug. 30 2019 FR Notice (60-Day)

Aug. 30 2019 FR Notice (60-Day).pdf

Control of Alcohol and Drug Use in Railroad Operations

Aug. 30 2019 FR Notice (60-Day)

OMB: 2130-0526

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45824

Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices
DATES:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) abstracted 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.

Interested persons are invited to
submit comments on or before October
29, 2019.
ADDRESSES: Submit written comments
on the ICR activities by mail to either:
Ms. Hodan Wells, Information
Collection Clearance Officer, Office of
Railroad Safety, Regulatory Analysis
Division, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590; or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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 2130–0526,’’
(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 Ms. Wells at hodan.wells@
dot.gov, or Ms. Toone at kim.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: Ms.
Hodan Wells, Information Collection
Clearance Officer, Office of Railroad
Safety, Regulatory Analysis Division,
Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC
20590 (telephone: (202) 493–0440) or
Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information
Technology, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, 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
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, 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 summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Control of Alcohol and Drug
Use in Railroad Operations.
OMB Control Number: 2130–0526.
Abstract: The Federal Railroad
Administration (FRA) and the railroad
industry will use the information
collected to determine the extent of
alcohol and drug abuse on railroad
property, curtail alcohol and drug use,
and ensure compliance with all 49 CFR
part 219 requirements covering
regulated employees. For example, FRA
will use the information collected to
ensure that regulated employees are
subject to random alcohol and drug
testing. This information collection also
covers foreign-railroads’ foreign-based
employees who perform train or
dispatching service in the United States.
Type of Request: Extension with
change (revised estimates) of a currently
approved collection.
Affected Public: Businesses.
Form(s): FRA F 6180.73, 6180.74,
6180.75.
Respondent Universe: 713 railroads
(includes 2 foreign-based railroads),
44,797 MOW employees, and 146,000
employees.
Frequency of Submission: On
occasion.
ReportingBurden:

1 Throughout the tables in this document, the
dollar equivalent cost is derived from the Surface

Transportation Board’s Full Year Wage A&B data
series using the appropriate employee group hourly

wage rate that includes 75-percent overhead
charges.

2000(d)(1)]; Farmland Protection Policy
Act (FPPA) [7 U.S.C. 4201–4209];
Uniform Relocation Assistance and Real
Property Acquisition Act [42 U.S.C.
4601 et seq.].
7. Noise: 23 U.S.C. 109(i).
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) [42 U.S.C. 9601 et seq.].
9. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13287 Preserve America; E.O.
13175 Consultation and Coordination
with Indian Tribal Governments; E.O.
13112 Invasive Species; E.O. 13186
Responsibilities of Federal Agencies to
Protect Migratory Birds.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: August 21, 2019
Mark D. Bartlett,
Division Administrator, Montgomery, AL.
[FR Doc. 2019–18699 Filed 8–29–19; 8:45 am]
BILLING CODE 4910–RY–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2019–0004–N–15]

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:

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SUMMARY:

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45825

Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices
Respondent universe

Total annual responses

Average time
per response

219.4—Petition for recognition of a foreign railroad’s Workplace Testing Program.
—Comments on petitions. .....................................
219.7—Waivers .....................................................
219.23(a)—Notification to employees for testing ..

1 railroad .............................

1 petition ..............................

40 hours ............

40

$3,040

1 railroad .............................
713 railroads ........................
146,000 employees .............

2 comments + 2 copies .......
3 waiver letters ....................
644,797 notices ...................

1
5
171

76
380
12,996

713 railroads +
44,79744,797 MOW employees.
713 railroads + 44,797
MOW employees.
146,000 employees .............

5 documents ........................

30 minutes ........
90 minutes ........
3 seconds + 30
seconds.
30 minutes ........

3

228

500 modified/revised educational documents.
19,506 copies of educational
material documents.
350 verbal notices + 350 letters.

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

500

38,000

2 minutes ..........

650

49,400

30 seconds + 2
minutes.

15

1,140

713 railroads + 44,797
MOW employees.

2 document copies ..............

5 minutes ..........

.17

13

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

292,000 observation records

2 seconds ..........

162

12,312

2 reports ..............................

30 minutes ........

1

76

713 railroads + 44,797
MOW employees.

80 notifications + 80 written
reports.

2 minutes + 5
minutes.

9

684

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

4 reports ..............................

30 minutes ........

2

152

97 references ......................

5 minutes ..........

8

608

713 railroads + 44,797
MOW employees.

2 phone calls .......................

10 minutes ........

.33

25

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

5 phone calls .......................

10 minutes ........

.83

64

97 forms ..............................

10 minutes ........

16

1,216

146,000 employees .............

207 forms ............................

15 minutes ........

52

3,952

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

6 forms ................................

20 minutes ........

2

152

97 chain of custody documents.

2 minutes ..........

3

228

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

10 written records ................

2 minutes ..........

.33

25

97 phone reports .................

2 minutes ..........

3

228

6 reports ..............................

15 minutes ........

2

152

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

5 reports ..............................

15 minutes ........

1

76

30 written documents ..........

5 minutes ..........

3

228

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

10 records ...........................

2 minutes ..........

.33

25

2,160 written documents .....

5 minutes ..........

180

13,680

15 records ...........................

15 minutes ........

4

304

6,100 lists ............................

30 seconds ........

51

3,876

5 plans .................................

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

5

380

450 amendments .................

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

450

34,200

50 resubmitted plans ...........

30 minutes ........

25

1,900

300 amendments .................

15 minutes ........

75

5,700

2,000 documents .................

30 seconds ........

17

1,292

219.12(d)—RR Documentation on need to place
employee on duty for follow-up tests.
219.23(c) and (e)—Educational materials .............
—Copies of educational materials to employees ..
219.104(b)—Removal of employee from regulated service—Verbal notice + follow-up written
letter.
219.105—RR’s duty to prevent violations—Documents provided to FRA after agency request
regarding RR’s alcohol and/or drug use/education/prevention program.
—RR Supervisor Rule G observations and
records of regulated employees.
219.201(c)—Report by RR concerning decision
by person other than RR representative about
whether an accident/incident qualifies for testing.
219.203/207—Verbal notification and subsequent
written report of failure to collect urine/blood
specimens within four hours.
—Recall of employees for testing and Narrative
Report Completion.
—RR reference to part 219 requirements and
FRA’s post-accident toxicological kit instructions in seeking to obtain facility cooperation.
—RR notification to National Response Center of
injured employee unconscious or otherwise unable to give testing consent.
—RR notification to local authority ........................
219.205—Post-Accident Toxicological Testing
Qualifying Events—Testing Forms—Completion
of FRA F 6180.73.
—Specimen handling/collection—Completion of
Form FRA F 6180.74 by train crew members
after accident.
—Completion of Form FRA 6180.75 .....................

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—Documentation of chain of custody of sealed
toxicology kit from medical facility to lab delivery.
—RR/medical facility record of kit error ................
219.209(a)—Notification to NRC and FRA of accident/incident where samples were obtained.
219.211(b)—Results of positive post-accident toxicological testing to RR MRO and RR employee.
—MRO report to FRA of positive test for alcohol/
drugs of surviving employee.
219.303—RR written documentation of observed
signs/symptoms for reasonable suspicion determination.
219.305—RR written record stating reasons test
was not promptly administered.
219.405—RR Documentation describing basis of
reasonable cause testing.
219.407(b)—Prompt specimen collection time limitation exceeded—Record.
219.501—RR Documentation of negative pre-employment drug tests.
219.605—Submission of random testing plan:
New RRs.
—Amendments to currently-approved FRA random testing plan.
—Resubmitted random testing plans after notice
of FRA disapproval of plan or amendment.
—Non-substantive amendment to an approved
plan.
219.615—Incomplete random testing collections—Documentation.

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Total annual
burden hours

Total annual
dollar cost
equivalent 1

CFR section/subject

45826

Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices
Average time
per response

713 railroads + 44,797
MOW employees.

5 documents ........................

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

5

380

713 railroads + 44,797
MOW employees.
713 railroads + 44,797
MOW employees.

40,000 records ....................

1 minutes ..........

667

50,692

20 referrals ..........................

5 minutes ..........

2

152

713 railroads + 44,797
MOW employees.

427,661 responses ..............

N/A ....................

3,132

238,032

Respondent universe

219.617—Employee Exclusion from random alcohol/drug testing after providing verifiable evidence from credible outside professional.
219.623—Random testing records ........................
219.1001—Co-worker referral of employee who is
unsafe to work with/in violation of Part 219 or
railroad’s drug/alcohol rules..
Total ................................................................

Total Estimated Annual Responses:
427,661.
Total Estimated Annual Burden:
3,132 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $238,032.
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.
Zebediah G. Schorr,
Assistant Chief Counsel.
[FR Doc. 2019–18809 Filed 8–29–19; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. DOT–NHTSA–2019–0025]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Request for Comment;
National Emergency Medical Services
Information System (NEMSIS)
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Request (ICR) abstracted
below is being forwarded to the Office
of Management and Budget (OMB) for
review and comments. A Federal
Register Notice with a 60-day comment
period soliciting comments on the
following information collection was
published on February 1, 2019. One
comment was received during the 60day comment period. The comment was
submitted by a national EMS

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organization and was supportive of the
National Emergency Medical Services
Information System and NHTSA’s
continued collection of emergency
medical services data from U.S. States
and Territories.
DATES: Comments must be submitted on
or before September 30, 2019.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for NHTSA, 725
17th Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Eric
Chaney, Office of Emergency Medical
Services (NPD–400), Room W44–318,
1200 New Jersey Avenue SE,
Washington, DC 20590. Mr. Chaney’s
telephone number is (202) 366–0257.
Please identify the relevant collection of
information by referring to its OMB
Control Number.
SUPPLEMENTARY INFORMATION:
Title: National Emergency Medical
Services Information System
(NEMSIS)—State Submission to
National EMS Database.
OMB Control Number: 2127–0717.
Type of Request: Collection of
Emergency Medical Services Data.
Type of Review Requested: Regular.
Abstract: The U.S. Department of
Transportation, National Highway
Traffic Safety Administration (NHTSA)
was established by Congress to save
lives, prevent injuries, and reduce
economic costs due to motor vehicle
crashes through education, research,
safety standards, and enforcement
activity. Within NHTSA, the Office of
Emergency Medical Services is
responsible for advancing a national
vision for emergency medical services
(EMS) through the development and
implementation of targeted projects to
benefit patient care, EMS practitioner
safety and support of EMS research. The
NHTSA Office of EMS also coordinates
with the Federal and state highway
safety community to ensure that EMS is
equipped and prepared to carry out its

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Total annual
burden hours

Total annual
dollar cost
equivalent 1

Total annual responses

CFR section/subject

mission of preventing death and
reducing serious injuries after traffic
crashes. NHTSA is proposing to
continue voluntary collection of limited
EMS information from U.S. States and
Territories. There are no Federal
mandates or requirements for
submission of EMS information from
U.S. States and Territories. The
information is transmitted from local
EMS agencies to State EMS data
systems, and then onto NHTSA’s
National EMS Database via an
automated ‘‘machine-to-machine’’
process that uses Web Services. The
information is transmitted from the
point-of-care to states and NHTSA’s
National EMS Database in near realtime. The information collected by the
National EMS Database is a deidentified subset of the data already
being collected for use by state and
territorial EMS Offices. The National
EMS Database collects information that
describes EMS agencies, the activation
and response of individual EMS units to
an emergency, emergency care provided
on scene and during transport to a
health facility, transport decision,
disposition of the patient and incident,
and EMS system times such as response
time. Personal identifiable information
(PII) such as the patient’s name,
patient’s home address, patient’s date of
birth, patient’s social security number,
and patient’s medical record number are
not collected by the National EMS
Database. The information collected by
the National EMS Database is available
to the public. The National EMS
Database provides NHTSA’s Office of
EMS with information necessary to
inform national EMS and first responder
programs, projects, and initiatives; and
determine the impact EMS has on
highway safety and post-crash care. The
information is also used by EMS and
public health researchers to develop
evidence for best practices in EMS
operations and prehospital clinical care,
and by local EMS agencies and state
offices of EMS for performance
improvement and benchmarking.
Affected Public: State Governments.

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