Proposed Agency Information Collection Activities; Comment Request, 5807-5811 [2019-03050]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5807-5811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03050]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-2]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

SUMMARY: 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: 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 
Robert.Brogan@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: 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 
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

[[Page 5808]]

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 
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 on-site 
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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Frequency of Submission: Annually.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                   Average time                    Total annual
             Form                 Respondent      Total annual     per response    Total annual     dollar cost
                                   universe         responses        (minutes)     burden hours   equivalent \1\
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.161a.........  Car              20 forms........              60              20          $1,224
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161b.........  Car              7 forms.........              60               7             428
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161c.........  Car              15 forms........              60              15             918
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161d.........  Car              15 forms........              60              15             918
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161e.........  Car              15 forms........              60              15             918
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161f.........  Car              10 forms........              60              10             612
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161g.........  Car              3 forms.........              60               3             184
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161h.........  Car              3 forms.........              60               3             184
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161i.........  Car              20 forms........              60              20           1,224
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161j.........  Car              3 forms.........              60               3             184
                                manufacturers/
                                State
                                Inspectors.
Form FRA F 6180.161a.........  Car              10 forms........              60              10             612
                                manufacturers/
                                State
                                Inspectors.
----------------------------------------------------------------------------------------------------------------

    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), 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 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:

[[Page 5809]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   Total annual
         CFR section              Respondent      Total annual     Average time    Total annual     dollar cost
                                   universe        responses       per response    burden hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
234.303(c)--Receipt by         625 railroads..  63,891 reports.  1 minute.......           1,065         $28,755
 dispatching RR of report of
 unsafe condition at highway-
 rail grade crossing.
    --(d)--Receipt by          625 railroads..  1,860 reports/   1 minute + 1                 62           4,526
     dispatching RR of report                    1,860 records.   minute.
     of unsafe condition at
     pathway grade crossing.
234.305(a)(2)--Prompt contact  625 railroads..  465 contacts...  1 minute.......               8             576
 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       625 railroads..  465 contacts +   1 minute + 1                 16           1,168
     crossing maintenance RR                     465 records.     minute.
     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   625 railroads..  925 contacts +   1 minute + 1                 31           2,232
     public report of warning                    925 records.     minute.
     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    625 railroads..  925 contacts...  1 minute.......              15           1,095
     maintenance duty for
     crossing contact of
     appropriate law
     enforcement authority
     with necessary
     information regarding
     reported malfunction.
234.305(b)(2)--In response to  625 railroads..  920 contacts...  1 minute.......              15           1,095
 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   625 railroads..  920 contacts...  1 minute.......              15           1,095
     of law enforcement
     authority to direct
     traffic/maintain safety.
    --Dispatching RR contact   625 railroads..  920 contacts +   1 minute + 1                 31           2,263
     of maintaining RR re:                       920 records.     minute.
     reported malfunction and
     maintaining record of
     unsafe condition.
    --(c)(1)-In response to    625 railroads..  2 contacts + 2   1 minute.......          .06666               5
     report of warning system                    records.
     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    625 railroads..  2 contacts.....  1 minute.......          .03333               2
     having maintenance duty
     for crossing contact of
     law enforcement
     authority to direct
     traffic/maintain safety
     after above report.
234.305(d)(1)--Dispatching RR  625 railroads..  7,440 contacts   1 minute + 1                248          17,980
 having maintenance authority                    + 7,440 unsafe   minute.
 contact of all trains                           condition
 operating through highway-                      records.
 rail or pathway grade
 crossing after report of
 disabled vehicle/other
 obstruction.
    --Dispatching RR having    625 railroads..  7,440 contacts.  1 minute.......             124           9,052
     maintenance duty contact
     of law enforcement
     authority after report
     of disabled vehicle/
     other obstruction.

[[Page 5810]]

 
    (d)(2)--Dispatching RR     625 railroads..  2,556 contacts.  1 minute.......              43           3,066
     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       625 railroads..  2,556 contacts.  1 minute.......              43           3,139
     having maintenance
     authority contact of law
     enforcement authority
     after report of disabled
     vehicle/other
     obstruction.
    --Dispatching RR contact   625 railroads..  2,556 contacts   1 minute + 1                 86           6,278
     of maintaining RR                           + 2,556          minute.
     regarding report of                         records.
     disabled vehicle/other
     obstruction and
     maintaining record of
     reported obstruction.
    (h)--Provision of contact  625 railroads..  10 contacts....  x1 minute......           .1667              12
     information by
     maintaining RR to
     dispatching RR for
     reports of unsafe
     conditions at highway-
     rail and pathway grade
     crossings.
234.306(a)--Appointment of     625 railroads..  50 indications/  60 minutes.....              50           3,650
 one dispatching RR as                           records.
 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    625 railroads..  50 indications/  60 minutes.....              50           3,650
     maintaining RR as                           records.
     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        625 railroads..  50 reports + 50  1 minute + 1                  2             146
 telephone service report of                     records.         minute.
 unsafe condition at highway-
 rail or pathway grade
 crossing to maintaining RR
 and maintaining RR record of
 unsafe condition.
    (c)--Third-party           625 railroads..  50 reports.....  1 minute.......               1              73
     telephone service report
     to dispatching RR of
     unsafe condition.
    (d)(1)--Provision of       625 railroads..  5 contact calls  15 minutes.....               1              73
     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  625 railroads..  5 letters......  60 minutes.....               5             365
     RR to FRA of intent to
     use third-party service.
    (d)(3)--RR written         625 railroads..  1 letter.......  60 minutes.....               1              73
     notification by RR of
     any changes in use or
     discontinuance of third-
     party service.
234.309(a)--ENS Signs--        625 railroads..  10 contacts....  30 minutes.....               5             365
 General--Provision of ENS
 telephone number to
 maintaining RR by
 dispatching RR if two RRs
 are not the same.
234.311(c)--Repair or          625 railroads..  4,000 signs....  15 minutes.....           1,000          66,000
 replacement of ENS after
 discovery by responsible
 railroad of missing,
 damaged, or otherwise
 unusable/illegible sign to
 vehicular/pedestrian traffic.
234.313--Recordkeeping--Recor  625 railroads..  186,000 signs..  4 minutes......          12,400         905,200
 ds of reported unsafe
 conditions pursuant to Sec.
  234.303.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 298,292.
---------------------------------------------------------------------------

    \2\ FRA consulted AAR publication Railroad Facts, 2017 (p.57), 
to calculate the dollar equivalent cost 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, 
other than train and engine. The hourly wage for the first group is 
$73 per hour ($41.97 plus 75-percent overhead costs), and the hourly 
wage rate for the second group is $72 per hour ($42.27 plus 75-
percent overhead costs). FRA used an hourly rate of $27 per hour for 
the value of the public's time.

---------------------------------------------------------------------------

[[Page 5811]]

    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 post-accident 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:
---------------------------------------------------------------------------

    \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 75-percent overhead costs. 
Thus, the hourly wage rate for this group comes to $110.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Total annual
              CFR section                  Respondent universe       Total annual responses       Average time per        Total annual     dollar cost
                                                                                                      response            burden hours    equivalent \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
219.211(a)(b)(c)--RR Medical Review     692 railroads............  9 reports + 9 report       15 minutes + 5 minutes..               3             $330
 Officer (MRO) review of employee post-                             copies.
 accident toxicological testing result
 reported as positive for alcohol or a
 controlled substance by designated
 laboratory and MRO report to FRA of
 Review Results.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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