60-Day FR Notice

8082

Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices

lotter on DSK11XQN23PROD with NOTICES1

Generally, Federal law requires Federalaid highway and roadway projects
(apart from a few exceptions) to be
awarded on the basis of competitive
bidding.
The initiative announced in May 2021
was authorized under Section 199B of
the Consolidated Appropriations Act,
2021, Public Law 116–260, Dec. 27,
2020, 134 Stat 1182, which allowed
DOT-assisted contracts under Titles 49
and 23 of the U.S.C. to use geographic,
economic, or any other hiring
preference not otherwise authorized by
law, with certain limitations including
required certifications. The initiative
was also based on FHWA’s Special
Experimental Project No. 14 (SEP–14)
authority for special experimental
projects set forth at 23 U.S.C. 502(b)(2)
to allow FHWA to continue to gather
data and evaluate experimental
contracting practices.
Under the May 2021 initiative FHWA
required State and local recipients and
subrecipients to request prior approval
from FHWA to use a specific contracting
requirement under SEP–14 by
submitting work plans to the
appropriate FHWA Division Office.
Transition From Pilot Program
Based on the statutory authority for
local or other geographical or economic
hiring preferences in Section 25019(a) of
the BIL, FHWA is transitioning from its
initiative announced in May 2021. Since
Section 25019 authorizes the use of
certain hiring preferences, the use of
such preferences going forward are
subject to Section 25019 of the BIL, not
Section 199B of the Consolidated
Appropriations Act, 2021. Also, while
local hiring preferences have
traditionally been disallowed in
accordance with 23 CFR 635.117(b) and
636.107, given the statutory authority
for local or other geographical or
economic hiring preferences under the
BIL, an experimental pilot program is no
longer needed for labor hiring
preferences that fall within the
legislatively authorized parameters.
Innovative contracting approaches or
requirements, including those related to
workforce development, falling outside
of the parameters authorized by Section
25019(a) of the BIL may still be
considered by FHWA under its
experimental SEP–14 authority on a
case-by-case basis.
Upon publication of this notice, and
based on Section 25019(a) of the BIL,
FHWA approval is no longer needed for
authorized labor hiring preferences. As
discussed in the Federal Register notice
announcing the May 2021 initiative,
DOT generally exercises discretion
under 23 U.S.C. 112 to evaluate whether

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a State or local law or policy is
compatible with the competitive
bidding requirement under the statute.
The DOT has historically disallowed
certain hiring preferences out of concern
for their potential impact on
competition. Based on the clear
direction in Section 25019(a)(2) of the
BIL that the use of a local or other
geographical or economic hiring
preference authorized by Section
25019(a)(1) shall not be considered to
unduly limit competition, DOT will not
engage in or have a role in evaluating
the effects on competition, if any, of
labor hiring preferences expressly
authorized under the BIL. Although
DOT evaluation is no longer required,
State and local recipients and
subrecipients remain responsible for
ensuring that the establishment and
implementation of a hiring preference is
otherwise consistent with applicable
Federal, State, and local laws as
provided in Section 25019(a)(1).
State and local recipients and
subrecipients may continue to
administer any contracts authorized
under the May 2021 initiative for the
duration of these contracts per the
requirements of their approved
workplans. The FHWA may continue to
use SEP–14 to authorize and evaluate
contracting methods that are outside the
scope of Section 25019(a) of the BIL.
Authority: Section 25019 of Pub. L.
117–58; 23 U.S.C. 502(b); Section 199B
of the Consolidated Appropriation Act,
2021.
Stephanie Pollack,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2022–02974 Filed 2–10–22; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–3]

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
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for

SUMMARY:

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Fmt 4703

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approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before April 12,
2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. 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, at email:
[email protected] or telephone: (202)
493–0440.
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

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8083

Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices
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: 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
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.

Section 1

Total annual
responses

Average time per
response

Total annual
burden
hours

Total cost
equivalent

(A)

(B)

(C) = A * B

(D) = C *
wage 2

32 States ..................

32 updates ................

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

32

$2,615

32 States ..................

600 vouchers ............

1.5 hours ..................

900

73,539

Respondent universe

49 U.S.C. 20105—Railroad Safety State Participation Agreement—Annual updates or amendments including workplans,
training plans and schedules to existing agreements.
—Inspector travel planning and reimbursement ....................

Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
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.
Reporting Burden:

212.107—Certification—State to file annual certification in the
event that FRA and the State agency do not agree on terms
for the participation under § 212.105.

FRA anticipates zero submissions.

212.109—Joint planning of inspections—Annual work plan for
the conduct of investigative and surveillance activities by the
State agency.

The burden associated with this requirement is covered above under 49 U.S.C. 20105.

212.113—Program termination—30-day notice provided by
State agency of its intent to terminate its participation.

FRA anticipates zero submissions.

—Inspection Report (Form FRA F 6180.96)—All disciplines
submitted by State inspectors.
—Violation Report—Motive, Power, and Equipment Regulations (Form FRA F 6180.109).
—Violation Report—Operating Practices Regulations (Form
FRA F 6180.67).
—Violation Report—Hazardous Materials Regulations
(Form FRA F 6180.110).
—Violation Report—Hours of Service Law (F 6180.33) ........
—Violation Report—Accident/Incident Reporting Rules
(Form FRA F 6180.61).
—Violation Report—Track Safety Regulations (Form FRA F
6180.111).
—Violation Report—Signal and Train Control Regulations
(Form FRA F 6180.112).
209.405(a)—Reporting of remedial actions—Completion of Form
FRA F 6180.96 including selection of railroad remedial action
code.
—(b) Violation report challenge by the railroads—Remedial
action reports.
209.407—Delayed reports ............................................................

32 States ..................

19,400 forms ............

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

4,850

396,294

19 States ..................

360 reports ...............

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

1,440

117,662

19 States ..................

180 reports ...............

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

720

58,831

17 States ..................

420 reports ...............

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

1,680

137,273

19 States ..................
19 States ..................

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

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

8
8

654
654

26 States ..................

110 reports ...............

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

440

35,952

14 States ..................

80 reports .................

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

320

26,147

754 railroads ............

2,400 reports ............

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

1,200 hours

92,928

754 railroads ............

240 challenges .........

45 minutes ...............

180

13,939

754 railroads ............

240 reports ...............

45 minutes ...............

180

13,939

32 States and 754
railroads.

24,066 responses .....

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

11,958

970,427

Total ................................................................................
1 The

lotter on DSK11XQN23PROD with NOTICES1

current inventory exhibits a total burden of 9,346 hours while the total burden of this notice is 11,958 hours.
2 For State respondents, the dollar equivalent cost is derived from the Bureau of Labor Statistics data for management occupations, NAICS 99920—State Government, excluding schools and hospitals, for State government employees. To calculate the mean hourly wage of $46.69 for this category of workers, FRA included a
75-percent charge for overhead costs. The calculation is $46.69 per hour * 1.75 = $81.71. The Web address for this data is: https://www.bls.gov/oes/current/naics4_
999200.htm#11-0000. Additionally, for railroad respondents, the dollar equivalent cost is derived from the Surface Transportation Board’s 2020 Full Year Wage A&B
data series for railroad workers. The wage rate of $77.44 per hour includes a 75-percent overhead charge.

Total Estimated Annual Responses:
24,066.
Total Estimated Annual Burden:
11,958 hours.
Total Estimated Annual Burden Hour
Dollar Cost Equivalent: $970,427.

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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 a
respondent is not required to respond
to, conduct, or sponsor a collection of
information that does not display a
currently valid OMB control number.

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Authority: 44 U.S.C. 3501–3520.
Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022–02937 Filed 2–10–22; 8:45 am]
BILLING CODE 4910–06–P

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