60-Day Federal Register Notice

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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices

Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by January
21, 2025 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable. Anyone can
search the electronic form of any written
communications and comments
received into any of the U.S.
Department of Transportation’s (DOT)
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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 https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2024–26996 Filed 11–19–24; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

khammond on DSK9W7S144PROD with NOTICES

[Docket Number FRA–2019–0042]

Petition for Extension of Waiver of
Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that by letter dated October 8, 2024,
Buffalo & Pittsburgh Railroad, Inc.
(BPRR) petitioned the Federal Railroad
Administration (FRA) for an extension

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of a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
240 (Qualification and Certification of
Locomotive Engineers) and part 242
(Qualification and Certification of
Conductors). The relevant Docket
Number is FRA–2019–0042.
Specifically, BPRR requests relief
required to continue participation in
FRA’s Confidential Close Call Reporting
System (C3RS) Program. BPRR seeks to
continue shielding reporting employees
from mandatory punitive sanctions that
would otherwise arise as provided in
§§ 240.117(e)(1)–(4); 240.305(a)(1)–(4)
and (a)(6); 240.307; 242.403(b), (c),
(e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and
242.407. The C3RS Program encourages
certified operating crew members to
report close calls and protects the
employees and the railroad from
discipline or sanctions arising from the
incidents reported per the C3RS
Implementing Memorandum of
Understanding (IMOU).
In support of its request, the petition
stated that BPRR’s benefits from the
C3RS program have prompted ‘‘other
railroad subsidiaries under Genesee &
Wyoming [Inc.] . . . to adopt C3RS.’’
BPRR also stated that itself and
‘‘participating parties continue to
believe that the C3RS program provides
tangible benefits and improves
employee and public safety.’’
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted at www.regulations.gov.
Follow the online instructions for
submitting comments.
Communications received by January
21, 2025 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of the
Department of Transportation’s (DOT)
dockets by the name of the individual

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submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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 https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2024–27000 Filed 11–19–24; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2024–0004]

Agency Information Collection
Activities; Notice and Request for
Comment; National Roadside Survey
of Alcohol and Drug Prevalence of
Road Users: 2025
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public
comment on proposed new collection of
information.
AGENCY:

The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for a
new information collection. Before a
Federal agency can collect certain
information from the public, it must
receive approval from OMB. Under
procedures established by the
Paperwork Reduction Act of 1995,
before seeking OMB approval, Federal
agencies must solicit public comment
on proposed collections of information,
including extensions and reinstatement
of previously approved collections. This
document describes a collection of
information for which NHTSA intends
to seek OMB approval for a National
Roadside Survey (NRS) of alcohol and
other drug prevalence among drivers
and other road users (ORUs; e.g.,
pedestrians, bicyclists, electric scooter
riders, and those with mobility aids.
NHTSA will conduct two studies. Study
1 will focus on drivers but include

SUMMARY:

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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices

khammond on DSK9W7S144PROD with NOTICES

convenience sampling of ORUs passing
by the driver data collection locations.
Study 2 is a pilot test assessing the
feasibility of an NRS specific to ORUs.
Both will collect breath and oral fluid
specimens, demographic information,
and self-report questionnaire data on
roads across the country. Participation
will be voluntary and anonymous.
DATES: Comments must be received on
or before January 21, 2025.
ADDRESSES: You may submit comments
identified by Docket No. NHTSA–2024–
0004 using any of the following
methods:
• Electronic submissions: Go to
http://www.regulations.gov. Follow the
online 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 between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9322 before
coming.
Instructions: Each submission must
include the agency name and the docket
number for this Notice. 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 heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
www.transportation.gov/privacy.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Ms.
Amy Berning, Contracting Officer’s
Representative, Office of Behavioral
Safety Research (NPD–310), (202) 366–
5587, National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (PRA)

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(44 U.S.C 3501 et seq.), before an agency
submits a proposed collection of
information to OMB for approval, it
must first publish a document in the
Federal Register providing a 60-day
comment period and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information. The OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulations (at
5 CFR 1320.8(d)), an agency must ask
for public comment on the following: (i)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(iii) how to enhance the quality, utility,
and clarity of the information to be
collected; and (iv) how to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
for example, permitting electronic
submission of responses. In compliance
with these requirements, NHTSA asks
for public comments on the following
proposed collection of information for
which the agency is seeking approval
from OMB.
Title: National Roadside Survey of
Alcohol and Drug Prevalence of Road
Users: 2025.
OMB Control Number: New.
Form Numbers: NHTSA Form 1762,
NHTSA Form 1763, and NHTSA Form
1764.
Type of Request: New information
collection.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information
NHTSA is seeking approval to
conduct two studies. Study 1 will focus
on drivers but include convenience
sampling of ORUs passing by the data
collection locations. Study 2 is a Pilot
Test assessing the feasibility of an NRS
specific to ORUs. Both will collect
breath and oral fluid specimens,
demographic information, and selfreport questionnaire data on roads
across the country. Participation will be
voluntary and anonymous.
Study 1 will recruit drivers at the
roadside to test for alcohol and other
selected drugs known, or suspected, to

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91885

impair cognitive and motor skills
important for driving safety. The study
will operate data collection research
teams across the country to collect
breath samples, oral fluid specimens,
and questionnaire data to be analyzed to
achieve NHTSA’s research objectives.
The study will allow NHTSA to
estimate the population-level
prevalence of alcohol- and other drugpositive driving on roadways in the U.S.
for the selected days and times.
Information will also be requested from
other road users who pass by the Study
1 data collection locations.
Study 2 examines the viability of a
stand-alone roadside nationwide survey
focused solely on ORUs. This effort uses
20 new data collection locations,
inclusive of 4 PSUs with 5 locations in
each. This effort is to inform NHTSA on
the feasibility of such a targeted
roadside survey, and to determine the
level of effort to execute a nationwide
study of ORUs. The same procedures as
Study 1 will be used.
Description of the Need for the
Information and Proposed Use of the
Information
NHTSA was established to reduce
deaths, injuries, and economic losses
resulting from motor vehicle crashes on
the Nation’s highways. As part of this
statutory mandate, NHTSA is
authorized to conduct research for the
development of traffic safety programs.
Subchapter V of Chapter 301 of Title 49
of the United States Code (U.S.C.)
authorizes the Secretary of
Transportation to conduct motor vehicle
safety research. 49 U.S.C. 30182.
Pursuant to Section 1.95 of Title 49 of
the Code of Federal Regulations (CFR),
the Secretary has delegated this
authority to the National Highway
Traffic Safety Administration (NHTSA).
Additionally, Title 23, United States
Code, Chapter 4, Section 403 gives the
Secretary of Transportation (NHTSA by
delegation) authorization to use funds
appropriated to conduct research and
development activities. The agency
develops, promotes, and implements
educational, engineering, and
enforcement programs with the goal of
ending preventable tragedies and
reducing economic costs associated
with vehicle use and highway travel.
Current data is essential to develop
appropriate approaches to improve
traffic safety. This is especially true for
information on impaired driving, both
for alcohol, and for drug use and driving
where data is much more limited.
Drugs affect biology, perception,
psychomotor ability, and behavior. With
the exception of alcohol, however,
relatively little is known about the

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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices

prevalence of drugged driving currently
on U.S. roadways because of the
complexities associated with collecting,
analyzing, and reporting information on
other drug use. Given the number of
States legalizing medicinal and/or
recreational use of cannabis, and other
issues such as the apparent increase in
opioid use in the U.S., more information
is needed on the level of alcoholinvolved and other drug-involved
driving on the nation’s roadways to
better inform NHTSA’s countermeasure
development efforts.
NHTSA and other traffic safety
stakeholders have sought to learn about
these issues through varied
methodological approaches. For Study
1, researchers will collaborate with State
and local officials to collect data at the
roadside at 300 roadway locations (60
primary sampling units [PSUs], also
known as ‘‘sites,’’ with 5 roadway
locations each) across the country.
Roadside surveys such as this provide
objective measures of alcohol and other
drugs in drivers’ systems at the time
they are actually driving, based on tests
results from breath samples and oral
fluid samples collected using
established sample collection methods.
All samples will then be tested, and
results confirmed by a leading forensic
by a leading forensic toxicology
laboratory. This approach will allow for
the estimation of alcohol and other drug
prevalence among the non-crashinvolved general driving population in
the U.S. for the selected days and times
studied.
Study 1 also explores whether it is
possible to collect information from
ORUs encountered at the driver data
collection locations including
individuals in transit on foot, on a
bicycle, electric scooter, or with a
mobility aid.

Study 2 is a separate test to determine
the viability of a stand-alone roadside
survey focused solely on ORUs (i.e.,
excluding drivers) to estimate the
population level prevalence of alcohol
and other drug use among other road
user types for specified days and times.
Study 2 will select 20 new data
collection locations to recruit a
convenience sample of ORUs.
The results of this project will assist
NHTSA as the agency develops its
programmatic activities aimed at
reducing crashes and fatalities that may
be associated with the use of alcohol
and/or other drugs. It is expected the
results of this study will be compared to
future studies to monitor alcohol and
other drug prevalence trends over time
on the nation’s roadways.
Frequency of Collection: Both Study 1
and Study 2 are one-time data
collections. Because 5 data collection
locations are located in each PSU, there
is a remote chance an individual could
participate more than once in either
effort. Because data collection is
anonymous, it will not be possible to
know if an individual participates more
than once. However, this is not likely
and not expected, as potential
participants will not know data
collection locations or times ahead of
time, and the time at any location will
be limited.
Affected Public: Study 1 will recruit
volunteers who are drivers of passenger
motor vehicles on active roadways at
the 300 selected sampling locations.
ORUs passing by the Study 1 data
collection locations will also be
recruited to participate. The site and
location sampling are based on
recruitment of drivers. For ORUs,
participants will be recruited to the
extent they are available at the
locations.

Study 2 will focus specifically on
ORUs (i.e., excluding drivers) at 20 new
sampling locations across 4 PSUs to
assess the feasibility of conducting a
stand-alone nationwide roadside survey
on these vulnerable road user
populations.
Estimated Number of Respondents:
Study 1 expects to contact
approximately 11,750 drivers with 9,000
agreeing to participate. Based on the last
NRS results, it is expected 8,000 drivers
will fully participate and 1,000 will
partially participate (i.e., stops
providing information before full data
collection is complete). Study 1 also
expects to contact 750 ORUs at the
Study 1 data collection locations with
500 fully participating and 60 partially
participating.
Study 2 of only ORUs expects to
contact approximately 750 individuals
with 500 fully participating and 60
partially participating.
Estimated Total Annual Burden
Hours: The total annual burden hours
for the two studies is estimated to be
531 hours. The total amount of burden
across both studies combined is
estimated to be 1,593 hours. This
includes approximately 1,500 hours for
the 9,000 participants (8,000 Study 1
drivers, 500 Study 1 ORUs, 500 Study
2 ORUs) who will fully participate. The
expected completion time for each
individual is 10 minutes. The remaining
93 hours is for the 1,120 people who
will partially participate (1,000 Study 1
drivers, 60 Study 1 ORUs, 60 Study 2
ORUs). It is expected these individuals
will spend 5 minutes on average for
partial participation.
The total amount of burden cost to
respondents to participate across both
studies is estimated to be $72,640 (see
Table 1). The total annual burden cost
to respondents is $24,213.

TABLE 1—SUMMARY OF TOTAL BURDEN HOURS AND ESTIMATED COSTS BY RESPONDENT TYPE

khammond on DSK9W7S144PROD with NOTICES

Type of
respondent

Number of
respondents

Minutes per
respondent

Hourly wage +
30% fringe
($35.07 +
$10.52)*

Total
estimated
burden
hours

Estimated
cost

Study 1 (NRS):
Driver fully participates .................................................
Driver partially participates ...........................................

8,000
1,000

10
5

$45.59
45.59

1,333.33
83.33

$60,786.51
3,799.01

Subtotal ..................................................................
ORU fully participates ...................................................
ORU partially participates .............................................

........................
500
60

........................
10
5

........................
45.59
45.59

........................
83.33
5

64,585.52
3,799.01
227.95

Subtotal ..................................................................

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

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

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

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

4,026.96

Total ................................................................

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

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

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

1,504.99
(1,505)

68,612.48
(68,612)

Study 2 (ORU Pilot):
ORU fully participates ...................................................

500

10

45.59

83.33

3,799.01

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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Notices

TABLE 1—SUMMARY OF TOTAL BURDEN HOURS AND ESTIMATED COSTS BY RESPONDENT TYPE—Continued
Type of
respondent

Number of
respondents

Hourly wage +
30% fringe
($35.07 +
$10.52)*

Minutes per
respondent

Total
estimated
burden
hours

Estimated
cost

ORU partially participates .............................................

60

5

45.59

5

227.95

Total ................................................................

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

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

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

88.33
(88)

4,026.96
(4,027)

Both Studies Combined:
Fully participates ...........................................................
Partially participates ......................................................

9,000
1,120

10
5

45.59
45.59

1,500.00
93.33

68,385.00
4,254.91

Grand Total ....................................................

10,120

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

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

1,593.33
(1,593)

72,639.91
(72,640)

* See July 2024 total private average hourly wages from the U.S. Bureau of Labor Statistics at https://www.bls.gov/news.release/
empsit.t19.htm; Fully loaded wage is inclusive of a 30% addition to the base hourly wage to account for fringe benefits.

Estimated Total Annual Burden Cost:
Participation in this study is voluntary
and there are no costs to respondents
beyond the time spent hearing about the
study and participating in data
collection if they decide to participate.
Participants will incur no burden
related to annual reporting or record
keeping due to the collection of this
new information.
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (i)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
(ii) the accuracy of the Department’s
estimate of the burden of the proposed
information collection; (iii) ways to
enhance the quality, utility and clarity
of the information to be collected; and
(iv) ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. Chapter 35, as
amended; 49 CFR 1.49; and DOT Order
1351.29.
Nanda Narayanan Srinivasan,
Associate Administrator, Research and
Program Development.
[FR Doc. 2024–27043 Filed 11–19–24; 8:45 am]
khammond on DSK9W7S144PROD with NOTICES

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2024–0166]

Pipeline Safety: Random Drug Testing
Rate; Multi-Factor Authentication; and
Operator and Contractor Management
Information System Reporting
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice.
AGENCY:

PHMSA has determined that
the Minimum Annual Percentage Rate
for Random Drug Testing for covered
employees will be 50 percent during
calendar year (CY) 2025. For CY 2024
reporting, Multi-Factor Authentication
(MFA) login procedures must be used
for submitting drug & alcohol (D&A)
testing data into the Drug and Alcohol
(D&A) Management Information System
(DAMIS) database. This notice also
explains how pipeline operators and
contractors will obtain MFA login
information.

SUMMARY:

Applicable January 1, 2025,
through December 31, 2025.
FOR FURTHER INFORMATION CONTACT:
Wayne Lemoi, Drug & Alcohol Program
Manager, Office of Pipeline Safety, by
phone at 909–937–7232 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
DATES:

Notice of CY 2025 Minimum Annual
Percentage Rate for Random Drug
Testing
Operators of gas, hazardous liquid,
and carbon dioxide pipeline facilities;
liquefied natural gas (LNG) plants; and
underground natural gas storage
facilities must randomly select and test

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a percentage of all covered employees
for prohibited drug use in accordance
with 49 Code of Federal Regulations
part 199.
The Administrator can adjust the
minimum random drug testing rate
based on the reported positive rate of
the industry’s random drug tests, which
is obtained from operators’ and
contractors’ annual DAMIS reports as
required by § 199.119(a). In accordance
with § 199.105(c)(3), if the reported
positive drug test rate is below one
percent for two consecutive CYs, the
Administrator may lower the random
drug testing rate to 25 percent of all
covered employees. Conversely,
paragraph § 199.105(c)(4) requires the
Administrator to raise the minimum
annual random drug testing rate from 25
percent to 50 percent of all covered
employees when the data obtained from
the latest annual DAMIS reports
required by § 199.119(a) indicate the
positive test rate is equal to or greater
than one percent.
While the minimum annual random
drug testing rate was 25 percent of all
covered employees during CY 2024, the
DAMIS reports submitted for CY 2023
D&A testing had a random drug testing
positive rate greater than one percent.
Therefore, the Administrator is
increasing the PHMSA minimum
annual random drug testing rate to 50
percent of all covered employees for CY
2025.
Multi-Factor Authentication for DAMIS
Reports
DOT will continue to use Multi-Factor
Authentication (MFA) to limit and
control access to the DOT’s DAMIS
database. MFA is not unique to PHMSA
or to DAMIS. It is a Federal Government
initiative that was implemented to
protect the integrity and security of
Federal Government databases from
cybersecurity attacks and other risks.

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