60 Day Federal Register Notice

67434

Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices

updated rules and procedures, if
implemented. In addition, this safety
advisory recommends that railroads and
contractors conduct additional safety
briefings to raise workers’ awareness of
the hazards associated with operating
and working around RMMs.
FOR FURTHER INFORMATION CONTACT: YuJiang Zhang, Staff Director, Track and
Structures Division, Office of Railroad
Safety, FRA, 1200 New Jersey Avenue
SE, Washington, DC 20590, telephone
(202) 493–6460.
Disclaimer: This Safety Advisory is
considered guidance pursuant to DOT
Order 2100.6A (June 7, 2021). Except
when referencing laws, regulations,
policies, or orders, the information in
this Safety Advisory does not have the
force and effect of law and is not meant
to bind the public in any way. This
document does not revise or replace any
previously issued guidance.
SUPPLEMENTARY INFORMATION:

lotter on DSK11XQN23PROD with NOTICES1

Background
FRA is concerned about the incidents
in the past few years resulting in
fatalities of two roadway workers struck
by RMMs on main line track.
Information regarding these incidents,
discussed below, is based on FRA’s
preliminary findings and the respective
railroad’s latest reporting. This safety
advisory is not intended to attribute a
cause to these incidents or place
responsibility for these incidents on the
acts or omissions of any person or
entity.
The following is a summary of the
circumstances involved in the incidents:
In August 2023, an RMM struck and
fatally injured a contractor working on
the Housatonic Railroad Company’s
main line. FRA’s preliminary
investigation shows that at the time of
his injury, the contractor was part of a
four-person work group. The work
group consisted of two machine
operators (each operating an RMM) and
two roadway workers (each working on
one of the RMMs). Before the incident,
one of the RMMs (RMM–1) left the work
area and traveled south to conduct
repairs.
While waiting for RMM–1 to return,
the remaining two roadway workers on
the other RMM (RMM–2), including the
worker who was subsequently fatally
injured, dismounted RMM–2 to clear
ballast away from the tie plates in
preparation for the drilling and lag
screw installation. One roadway worker
used his hands to remove the ballast,
while the other used a backpack blower.
When RMM–1 returned to the work site,
the worker using the backpack blower
did not clear the track and was struck

VerDate Sep<11>2014

21:46 Sep 28, 2023

Jkt 259001

by RMM–1 when he did not respond to
its approach.
In December 2021, a contractor
working on the Norfolk Southern (NS)
was fatally injured when struck by an
RMM while working on the main line.
The contractor was working with an NS
rail gang and was marking rail for
pickup and had started walking in the
gauge of the track when the machine
operator of the RMM made a backup
move. The machine operator did not see
the contractor walking in the gauge of
the track and struck the contractor.
These incidents represent the worstcase scenario that can occur when
roadway workers are working on or near
RMMs. These incidents highlight the
need for railroads to examine their rules
and procedures for protecting roadway
workers who operate or work near
RMMs.
Recommendations
In light of the above discussion, FRA
recommends that railroads and railroad
contractors:
1. Review, update, and communicate
applicable rules and procedures related
to the operation of RMMs to ensure the
safety of roadway workers who operate
and work with or around the machines.
2. Increase monitoring of roadway
workers, railroad employees, and
contractors for compliance with all
existing applicable rules and procedures
(and any updated rules and procedures
to result from paragraph (1)),
particularly those involving the
operation of RMMs and roadway
workers working on and in the vicinity
of RMMs.
3. Conduct additional safety briefings
to raise workers’ awareness of the
hazards associated with operating and
working around RMMs.
FRA encourages all railroad industry
members to take actions consistent with
the recommendations of this Safety
Advisory. FRA may modify this Safety
Advisory, issue additional safety
advisories, or take other appropriate
action necessary to ensure the highest
level of safety on the Nation’s railroads,
including pursuing other corrective
measures under its rail safety authority.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023–21497 Filed 9–28–23; 8:45 am]
BILLING CODE 4910–06–P

PO 00000

Frm 00210

Fmt 4703

Sfmt 4703

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2023–0143]

Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection(s): Procedures
for Transportation Workplace Drug and
Alcohol Testing Programs (ICR 2105–
0529)
AGENCY:

Office of the Secretary (OST),

DOT.
Notice and request for
comments.

ACTION:

The Department of
Transportation (DOT) invites public
comments about our intention to request
Office of Management and Budget
(OMB) approval to renew information
collection 2105–0529, Procedures for
Transportation Drug and Alcohol
Testing Program (ICR 2105–0529). The
information to be collected will be used
to document tests conducted and
actions taken to ensure safety in the
workplace and/or are necessary under
the Omnibus Transportation Employee
Testing Act of 1991, which requires
DOT to implement a drug and alcohol
testing program in various
transportation-related industries. DOT is
required to publish this notice in the
Federal Register in accordance with the
Paperwork Reduction Act of 1995.
DATES: Comments to this notice must be
received by November 28, 2023.
ADDRESSES: You may submit comments
by any of the following methods:
• Website: http://
www.regulations.gov. Follow the
instructions for submitting comments
on the DOT electronic docket site.
• Federal eRulemaking Portal: http://
www.regulations.gov Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Instructions: You must include the
agency name and docket number [DOT–
OST–2023–0143] of this notice at the
beginning of your comment. Note that
all comments received will be posted
without change to http://
www.regulations.gov including any
personal information provided. Please
see the Privacy Act section of this
document.
Docket: You may view the public
docket through the internet at http://
SUMMARY:

E:\FR\FM\29SEN1.SGM

29SEN1

67435

Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
www.regulations.gov or in person at the
Docket Management System office at the
above address.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Mike Huntley, Office of Drug and
Alcohol Policy and Compliance, Office
of the Secretary, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590;
202–366–3784 (voice), 202–366–3897
(fax), or [email protected]
(email).
SUPPLEMENTARY INFORMATION:

OMB Control Number: 2105–0529.
Title: Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs.
Form Numbers: DOT F 1385; DOT F
1380.
Type of Review: Clearance of a
renewal of an information collection.
Background: Under the Omnibus
Transportation Employee Testing Act of
1991, DOT is required to implement a
drug and alcohol testing program in
various transportation related
industries. This specific requirement is
elaborated in 49 CFR part 40,
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs (part 40). This request for a

renewal of the information collection for
the program includes 45 burden items
related to the overall program and 2
official DOT forms: the U.S. Department
of Transportation Alcohol Testing Form
(ATF) [DOT F 1380] and the DOT Drug
and Alcohol Testing Management
Information System (MIS) Data
Collection Form [DOT F 1385].
The ATF includes the employee’s
name, the type of test taken, the date of
the test, and the name of the employer.
Data on each test conducted, including
test results, is necessary to document
that the tests were conducted and is
used to take action, when required, to
ensure safety in the workplace. The MIS
form includes employer specific drug
and alcohol testing information such as
the reason for the test and the
cumulative number of test results for the
negative, positive, and refusal tests. No
employee specific data is collected. The
MIS data is used by each of the affected
DOT Agencies (i.e., Federal Aviation
Administration, Federal Transit
Administration, Federal Railroad
Administration, Federal Motor Carrier
Safety Administration, and the Pipeline
and Hazardous Materials Safety
Administration) and the United States
Coast Guard when calculating their
industry’s annual random drug and/or
alcohol testing rate.
On May 2, 2023, Part 40 was amended
to include oral fluid testing as an
additional methodology for drug testing
that gives employers a choice that will
help combat employee cheating on
urine drug tests and provide a less
intrusive means of achieving the safety
Number of
respondents

lotter on DSK11XQN23PROD with NOTICES1

PRA item
Exemptions from Regulation Provisions Requests [40.7(a)]
Employer Stand-down Waiver Requests [40.21(b)] ............
Employee Testing Records from Previous Employers
[40.25(a)] ..........................................................................
Employee Release of Information [40.25(f)] ........................
MIS Form Submission [40.26] .............................................
Urine Collector (Qualification and Refresher) Training Documentation [(40.33(b) & (e)] .............................................
Urine Collector Error Correction Training Documentation
[40.33(f)] ...........................................................................
Oral Fluid Collector (Qualification and Refresher) Training
Documentation [(40.35(b) & (e)] ......................................
Oral Fluid Collector Error Correction Training Documentation [40.35(f)] ....................................................................
Laboratory Reports to DOT Regarding Unlisted Adulterant
[40.87(e)] ..........................................................................
Semi-Annual Laboratory Reports to Employers [40.111(a)]
Semi-Annual Laboratory Reports to DOT [40.111(d)] .........
Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) &
(d)] ....................................................................................
MRO Review of Negative Results Documentation
[40.127(b)(2)(ii)] ................................................................
MRO Failure to Contact Donor Documentation
[40.131(c)(1)] ....................................................................

VerDate Sep<11>2014

21:46 Sep 28, 2023

Jkt 259001

PO 00000

Frm 00211

goals of the program [88 FR 27596]. As
a result of the rule to include oral fluid
testing as an additional methodology for
drug testing, two new burden items
have been added to this collection: (1)
Oral Fluid Collector (Qualification and
Refresher) Training Documentation
[§ 40.35(b) & (e)]; and (2) Oral Fluid
Collector Error Correction Training
Documentation [§ 40.35(f)]. These new
burden items are analogous to the
existing burden items for urine
collectors and screening test technicians
and breath alcohol technicians.
Also as a result of the May 2023 rule
to include oral fluid as an additional
methodology for drug testing, DOT will
request OMB approval for a revision of
the MIS Data Collection Form to
facilitate the collection of oral fluid
testing data from employers.
Specifically, in Section III of the form,
‘‘Drug Testing Data,’’ DOT will add
additional rows under each ‘‘Type of
Test’’ (e.g., Pre-Employment, Random,
Post-Accident, Reasonable Suspicion/
Cause, Return-to-Duty, Follow-Up, and
Total) for employers to enter the number
of urine tests, the number of oral fluid
tests, and the number of total tests
conducted.
Respondents: The information will be
collected from transportation
employers, Department representatives,
and a variety of service agents.
Estimated total number of respondents
is 1,426,662.
Frequency: The information will be
collected annually.
Estimated Total Number Burden
Hours: 1,469,136.
Burden per
response
(minutes)

Number of
responses

Total burden
(hours)

Total salary
costs
($) 1

1
0

1
0

180
480

3
0

122
0

549,029
549,029
19,699

990,596
990,596
19,699

8
8
90

132,079
132,079
29,549

5,387,502
5,387,502
1,205,304

5,000

5,000

4

333

13,583

17,980

17,980

4

1,199

48,907

5,000

5,000

4

333

13,583

17,980

17,980

4

1,199

48,907

0
19
19

0
365,983
456

30
4
4

0
24,399
30

0
995,235
1,224

1,000

1,000

4

67

2,733

5,000

351,135

4

23,409

954,853

5,000

50,787

4

3,386

138,115

Fmt 4703

Sfmt 4703

E:\FR\FM\29SEN1.SGM

29SEN1

67436

Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
Number of
respondents

PRA item
MRO Effort to Contact DER Documentation
[40.131(c)(2)(iii)] ...............................................................
DER Successful Contact Employee Documentation
[40.131(d)] ........................................................................
DER Failure to Contact Employee Documentation
[40.131(d)(2)(i)] .................................................................
MRO Verification of Positive Result Without Interview Documentation [40.133] ..........................................................
Adulterant/Substitution Evaluation Physician Statements
[40.145(g)(2)(ii)(d)] ...........................................................
MRO Cancellation of Adulterant/Substitution for Legitimate
Reason Reports [40.145(g)(5)] ........................................
Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)] ...............................
Split Specimen Requests by MRO [40.171(c)] ....................
Split Failure to Reconfirm for Drugs Reports by MRO
[40.187(b)] ........................................................................
Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)] .................................................
Shy Bladder Physician Statements [40.193(f)] ....................
MRO Statements Regarding Physical Evidence of Drug
Use [40.195(b) & (c)] ........................................................
Drug Test Correction Statements [40.205(b)(1) & (2)] ........
Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c) & (e)] ..........................................
BAT/STT Error Correction Training Documentation
[40.213(f)] .........................................................................
Complete DOT Alcohol Testing Forms [40.225(a)] .............
Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)] .........................................
Shy Lung Physician Statements [40.265(c)(2)] ...................
Alcohol Test Correction Statements [40.271(b)(1) & (2)] ....
Substance Abuse Professional (SAP) (Qualification and
Continuing Education) Training Documentation
[40.281(c) & (d)] ...............................................................
Employer SAP Lists to Employees [40.287] ........................
SAP Reports to Employers [40.311(c), (d) & (e)] ................
Correction Notices to Service Agents [40.373(a)] ...............
Notice of Proposed Exclusion (NOPE) to Service Agents
[40.375(a)] ........................................................................
Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)] .....................................................
Service Agent Information to Argue PIE [40.379(b)(2)] ......
Service Agent Information to Contest PIE [40.381(a) & (b)]
Notices of PIE to Service Agents [40.399] ..........................
Notices of PIE to Employer and Public [40.401(b) & (d)] ...
Service Agent PIE Notices to Employers [40.403(a)] .........

lotter on DSK11XQN23PROD with NOTICES1

Total New ......................................................................

Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for DOT’s
performance; (b) The accuracy of the
estimated burden that the collection
would impose on respondents; (c) Ways
for the DOT to enhance the quality,
utility and clarity of the information to
be collected; and (d) Ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
1 All

salary costs are based upon the Department
of Labor’s bureau of Labor Statistics average
employee compensation hourly cost in 2023.

VerDate Sep<11>2014

21:46 Sep 28, 2023

Jkt 259001

Burden per
response
(minutes)

Number of
responses

57,624

4

3,842

156,715

46,099

46,099

4

3,073

125,348

11,525

11,525

4

768

31,327

5,000

11,525

4

768

31,327

0

0

30

0

0

0

0

30

0

0

40
5,000

40
11,932

4
4

3
795

122
32,428

70

70

4

5

204

8
719

8
719

5
5

1
60

41
2,447

0
25,000

0
143,840

0
8

0
19,179

0
782,311

2,000

2,000

4

133

5,425

401
10,000

401
8,025,159

4
8

27
1,070,021

1,101
43,646,157

10,000
401
803

10,000
401
803

4
4
4

667
27
54

27,166
1,101
2,203

3,334
116,467
10,000
25

3,334
116,467
201,258
25

4
4
4
60

222
7,764
13,417
25

9,055
316,694
547,279
1,020

5

5

600

50

2,040

2
2
2
1
1
1

2
2
2
1
1
300

60
240
240
60
60
30

2
8
8
1
1
150

82
326
326
41
41
6,119

1,426,662

11,459,756

2,328

1,469,136

59,926,016

Issued in Washington, DC, on September
26, 2023.
Authority and Issuance.
Bohdan S. Baczara,
Deputy Director, DOT, Office of Drug and
Alcohol Policy and Compliance.
[FR Doc. 2023–21548 Filed 9–28–23; 8:45 am]

Fmt 4703

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request on Information Collection for
Treasury Decision 9568, Methods To
Determine Taxable Income in
Connection With a Cost Sharing
Arrangement—Internal Revenue Code
(IRC) Section 482
Internal Revenue Service (IRS),
Treasury.

AGENCY:

Notice and request for
comments.

ACTION:

BILLING CODE 4910–9X–P

Frm 00212

Total salary
costs
($) 1

5,000

and/or include your comments in the
request for OMB’s clearance of this
information collection.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. Chapter 35, as
amended; and 49 CFR 1:48.

PO 00000

Total burden
(hours)

Sfmt 4703

E:\FR\FM\29SEN1.SGM

29SEN1