[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81423-81425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32713]



[[Page 81423]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2015-0007-N-32]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its 
implementing regulations, the Federal Railroad Administration (FRA) 
hereby announces that it is seeking renewal of the following currently 
approved information collection activities. Before submitting these 
information collection requests (ICRs) for clearance by the Office of 
Management and Budget (OMB), FRA is soliciting public comment on 
specific aspects of the activities identified below.

DATES: Comments must be received no later than February 29, 2016.

ADDRESSES: Submit written comments on any or all of the following 
proposed activities by mail to either: Mr. Robert Brogan, Information 
Collection Clearance Officer Office of Safety, Regulatory Safety 
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New 
Jersey Ave. SE., Mail Stop 25, Washington, DC 20590, or Ms. Kimberly 
Toone, Information Collection Clearance Officer, Office of Information 
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey 
Ave. SE., Mail Stop 35, 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-__.'' Alternatively, comments may be transmitted via 
facsimile to (202) 493-6216 or (202) 493-6497, or via email to Mr. 
Brogan at [email protected], or to Ms. Toone at [email protected]. 
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, Regulatory Safety Analysis Division, RRS-
21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail 
Stop 25, Washington, DC 20590 (telephone: (202) 493-6292) or Ms. 
Kimberly Toone, Information Collection Clearance Officer, Office of 
Information Technology, RAD-20, Federal Railroad Administration, 1200 
New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: 
(202) 493-6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 
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 
for comment on information collection activities before seeking 
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA 
invites interested respondents to comment on the following summary of 
proposed information collection activities regarding (i) whether the 
information collection activities are necessary for FRA to properly 
execute its functions, including whether the activities will have 
practical utility; (ii) 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; (iii) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (iv) ways for FRA to minimize the burden of 
information collection activities on the public by automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)-(iv); 5 CFR 
1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment will 
promote its efforts to reduce the administrative and paperwork burdens 
associated with the collection of information mandated by Federal 
regulations. In summary, FRA reasons that comments received will 
advance three objectives: (i) Reduce reporting burdens; (ii) ensure 
that it organizes information collection requirements in a ``user 
friendly'' format to improve the use of such information; and (iii) 
accurately assess the resources expended to retrieve and produce 
information requested. See 44 U.S.C. 3501.
    Below is a brief summary of the currently approved ICRs that FRA 
will submit for clearance by OMB as required under the PRA:
    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. The rule is intended specifically to help implement Section 
205 of the Rail Safety Improvement Act of 2008 (RSIA), Public Law 110-
432, Division A, which was enacted on October 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 is able to notify the railroad by toll-free telephone number of 
safety problems at its highway-rail and pathway grade crossings. Such 
systems are commonly known as Emergency Notification Systems (ENS) or 
ENS programs. 49 CFR part 234 implements Section 2015 of the RSIA. The 
information collected is used by FRA to ensure that railroad carriers 
establish and maintain a toll-free telephone service to report 
emergencies at all public, private, and pedestrian grade crossings for 
rights-of-way over which they dispatch trains.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: Railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                        Respondent          Total annual       Average time per    Total annual
           CFR Section                   universe            responses             response        burden hours
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234.303(b)--Receipt by             594 railroads......  63,891 reports.....  1 minute...........           1,065
 dispatching RR of report of
 unsafe condition at highway-rail
 grade crossing.
    --(d)--Receipt by dispatching  594 railroads......  1,850 reports/1,860  1 minute + 1 minute              62
     RR of report of unsafe                              records.
     condition at pathway grade
     crossing.

[[Page 81424]]

 
234.305(a)(2)--Immediate contact   594 railroads......  465 contacts.......  1 minute...........               8
 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 crossing  594 railroads......  465 contacts + 465   1 minute + 1 minute              16
     maintenance RR by                                   records.
     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       594 railroads......  925 contacts + 925   1 minute + 1 minute              30
     public report of warning                            records.
     system malfunction at
     highway-rail grade crossing
     immediate contact by
     dispatching RR having
     maintenance duty for
     crossing of all trains
     authorized to operate
     through that crossing.
    --Dispatching RR having        594 railroads......  925 contacts.......  1 minute...........              15
     maintenance duty for
     crossing contact of
     appropriate law enforcement
     authority with necessary
     information regarding
     reported malfunction.
234.305(b)(2)--In response to      594 railroads......  920 contacts.......  1 minute...........              15
 public report of warning system
 malfunction at highway-rail
 grade crossing immediate contact
 by dispatching RR not having
 maintenance duty for that
 crossing of all trains
 authorized to operate through
 that crossing.
    --Dispatching RR contact of    594 railroads......  920 contacts.......  1 minute...........              15
     law enforcement authority to
     direct traffic/maintain
     safety.
    --Dispatching RR contact of    594 railroads......  920 contacts + 920   1 minute + 1 minute              30
     maintaining RR re: reported                         records.
     malfunction and maintaining
     record of unsafe condition.
    --(c)(1)--In response to       594 railroads......  2 contacts + 2       1 minute...........          .06666
     report of warning system                            records.
     failure at pathway grade
     crossing dispatching RR
     having maintenance duty
     contact of all trains
     authorized to operate
     through it and record of
     unsafe condition.
    --Dispatching RR contact of    594 railroads......  2 contacts.........  1 minute...........           03333
     law enforcement authority
     agencies to direct traffic/
     maintain safety after above
     report.
234.305(d)(1)--Dispatching RR      594 railroads......  7,440 contacts       1 minute + 1 minute             248
 having maintenance authority                            +7,440 rcds..
 contact of all trains operating
 through highway-rail or pathway
 grade crossing after report of
 disable vehicle.
    --Dispatching RR having        594 railroads......  7,440 contacts.....  1 minute...........             124
     maintenance duty contact of
     law enforcement authority
     after report of disabled
     vehicle/other obstruction.
(d)(2)--Dispatching RR not having  594 railroads......  2,556 contacts.....  1 minute...........              43
 maintenance authority contact of
 all trains operating through
 highway-rail or pathway grade
 crossing after report of disable
 vehicle/unsafe condition.
    --Dispatching RR contact not   594 railroads......  2,556 contacts.....  1 minute...........              43
     having maintenance authority
     contact of all trains
     operating through highway-
     rail or pathway grade
     crossing after report of
     disable vehicle/other unsafe
     condition.
    --Dispatching RR contact of    594 railroads......  2,556 contacts +     1 minute + 1 minute              86
     maintaining RR regarding                            2,556 record.
     unsafe condition at crossing
     & record of unsafe condition.
(h)--Provision of contact          594 railroads......  10 contacts........  594 railroads......           .1667
 information by maintaining RR to
 dispatching RR for reports of
 unsafe conditions at highway-
 rail and pathway grade crossings.
234.306(a)--Appointment of one     594 railroads......  50 indications &     60 minutes.........              50
 (1) dispatching RR as primary                           records.
 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 (1)        594 railroads......  50 indications/      60 minutes.........              50
 maintaining RR as primary                               records.
 maintaining RR where multiple
 RRs dispatch trains through the
 same highway-rail and pathway
 grade crossing to provide info.
 for ENS sign.
234.307(b)--3rd Party telephone    594 railroads......  50 reports + 50      1 minute + 1 minute               2
 service report of unsafe                                records.
 condition at highway-rail or
 pathway grade crossing to
 maintaining RR and maintaining
 RR record of unsafe condition.
(c)--3rd Party telephone service   594 railroads......  50 reports.........  1 minute...........               1
 report to dispatching RR of
 unsafe condition.
(d)(1)--Provision of contact       594 railroads......  17 contact calls...  15 minutes.........               4
 information to 3rd party
 telephone service or maintaining
 RR using that service to receive
 reports of unsafe condition at
 highway-rail or pathway grade
 crossings.
(d)(2)--Written notice by RR to    594 railroads......  17 letters.........  60 minutes.........              17
 FRA of intent to use 3rd party
 service.
(d)(3)--RR written notification e  594 railroads......  5 letters..........  60 minutes.........               5
 by RR of any changes in use or
 discontinuance of 3rd party
 service.
234.309(a)--ENS Signs--General--   594 railroads......  10 contacts........  30 minutes.........               5
 Provision of ENS telephone
 number to maintaining RR by
 dispatching RR if two RRs are
 not the same.
(b)--ENS Signs located at highway- 594 railroads......  81,948 signs.......  30 minutes.........          40,974
 rail or pathway grade crossings
 as required by Sec.   234.311
 with necessary information to
 receive reports required under
 Sec.   234.303.

[[Page 81425]]

 
234.311(c)--Repair or replacement  594 railroads......  4,000 signs........  15 minutes.........           1,000
 of ENS after discovery by
 responsible railroad of missing,
 damaged, or otherwise unusable/
 illegible sign to vehicular/
 pedestrian traffic.
234.313--Recordkeeping--Records    594 railroads......  186,000 signs......  4 minutes..........          12,400
 of reported unsafe conditions
 pursuant to Sec.   234.303.
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    Total Estimated Responses: 56,445.
    Total Estimated Total Annual Burden: 56,308 hours.
    Type of Request: Extension of a currently approved collection.
    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.). 
Controlled substances are drugs or chemicals that are prohibited or 
strictly regulated because of their potential for abuse or addiction. 
The Drug Enforcement Agency (DEA), which is primarily responsible for 
enforcing the CSA, oversees the classification of controlled substances 
into five schedules. Schedule I contains illicit drugs, such as 
marijuana and heroin, which have no legitimate medical use under 
Federal law. Currently, FRA routinely conducts post-accident tests for 
the following drugs: marijuana, cocaine, phencyclidine (PCP), 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.
    FRA research indicates that prescription and OTC drug use has 
become prevalent among railroad employees. For this reason, FRA has 
added certain non-controlled substances to its routine post-accident 
testing program, which currently routinely tests only for alcohol and 
controlled substances. At this time, FRA is adding two types of non-
controlled substances, tramadol (a synthetic opioid) and sedating 
antihistamines. Publication of the PATT Final Rule, however, in no way 
limits FRA's post-accident testing to the identified substances or in 
any way restricts FRA's ability to make routine amendments to its 
standard post-accident testing panel without prior notice. Furthermore, 
in addition to its standard post-accident testing panel, FRA always has 
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 is essential, since it 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.
    FRA uses the additional information collected for research and 
accident investigation purposes. The addition of non-controlled 
substances to the post-accident testing panel helps inform FRA about a 
broader range of potentially impairing prescription and OTC drugs that 
may be currently contributing to the cause or severity of train 
accidents/incidents. Research generated by these data will inform 
future agency policy decisions regarding these non-controlled 
substances.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 698 railroads.
    Frequency of Submission: On occasion.

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                                        Respondent          Total annual       Average time per    Total annual
           CFR section                   universe            responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
219.211(a)(b)(c)--RR Medical       698 railroads......  16 reports + 16      15 minutes + 5                    5
 Review Officer (MRO) review of                          report copies.       minutes.
 employee post-accident
 toxicological testing result
 reported as positive for alcohol
 or a controlled substance by
 designated laboratory and MRO
 report to FRA of Review Results.
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    Total Estimated Responses: 32.
    Total Estimated Annual Burden: 5 hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 
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.

    Issued in Washington, DC on December 23, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-32713 Filed 12-28-15; 8:45 am]
 BILLING CODE 4910-06-P