[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31138-31140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13792]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-8]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice 
announces that FRA is forwarding the Information Collection Requests 
(ICRs) abstracted below to the Office of Management and Budget (OMB) 
for review and comment. The ICRs describe the information collections 
and their expected burden. On February 22, 2019, FRA published a notice 
providing a 60-day period for public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before 
July 29, 2019.

ADDRESSES: Submit written comments on the ICRs to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer. 
Comments

[[Page 31139]]

may also be sent via email to OMB at the following address: 
[email protected].

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, 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, 
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 
issue two notices seeking public comment on information collection 
activities before OMB may approve paperwork packages. See 44 U.S.C. 
3506, 3507; 5 CFR 1320.8 through 1320.12. On February 22, 2019, FRA 
published a 60-day notice in the Federal Register soliciting comment on 
the ICRs for which it is now seeking OMB approval. See 84 FR 5805. FRA 
received no comments in response to this notice.
    Before OMB decides whether to approve these proposed collections of 
information, it must provide 30-days' notice for public comment. 
Federal law requires OMB to approve or disapprove paperwork packages 
between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 
3507(b)-(c); 5 CFR 1320.10(b); see also 60 FR 44978, 44983, Aug. 29, 
1995. OMB believes the 30-day notice informs the regulated community to 
file relevant comments and affords the agency adequate time to digest 
public comments before it renders a decision. 60 FR 44983, Aug. 29, 
1995. Therefore, respondents should submit their respective comments to 
OMB within 30 days of publication to best ensure having their full 
effect.
    Comments are invited on the following ICRs regarding: (1) Whether 
the information collection activities are necessary for FRA to properly 
execute its functions, including whether the information 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 to minimize the burden of information 
collection activities on the public, including the use of automated 
collection techniques or other forms of information technology.
    The summaries below describe the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Federal Railroad Administration Disadvantaged Business 
Enterprise (DBE) Disparity Study.
    OMB Control Number: 2130-NEW.
    Abstract: Congress mandated a disparity study evaluating 
participation by small and disadvantaged businesses in railroad 
contracts. This study will ensure that the requirements of the 
Disadvantaged Business Enterprise (DBE) program for federally funded 
projects administered by the Federal Highway Administration (FHWA) or 
the Federal Transit Administration (FTA), under 49 CFR part 26, are 
executed properly. The purpose of this disparity study is to evaluate 
the market for the availability, utilization, and capability of small 
and disadvantaged businesses in publicly-funded railroad contracts. The 
data provided by the study will be used to inform FRA and DOT on the 
state of small and disadvantaged business contracting in the railroad 
industry and will be a component of FRA's Title VI compliance program.
    Currently, FRA does not have statutory authority to administer a 
DBE program like those in place at FHWA, FTA, and the Federal Aviation 
Administration (FAA). DBE regulations applicable to FHWA, FTA, and FAA 
require State and local transportation agencies that receive DOT 
financial assistance to establish goals for the participation of DBEs. 
Each DOT-assisted State and local transportation agency is required to 
establish annual DBE goals, review the scope of anticipated, large 
prime contracts, and establish contract-specific DBE subcontracting 
goals. Without statutory DBE authority, FRA can only encourage 
recipients of its Federal financial assistance to carry out their 
projects in accordance with DBE guidelines, in support of DBEs, 
Veteran-Owned Small Businesses, and Service Disabled Veteran-Owned 
Small Businesses. Despite the lack of a formal DBE program, FRA fully 
supports the objectives of DBE programs and all FRA's grantees are 
required to avoid discrimination in contracting.
    In late 2015, Congress passed the ``Fixing America's Surface 
Transportation Act'' (FAST Act), Public Law 114-94. The FAST Act 
codified the requirement for FRA, as the Secretary of Transportation's 
(Secretary) delegate, to conduct ``a nationwide disparity and 
availability study on the availability and use of small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals and veteran-owned small businesses in 
publicly funded intercity rail passenger transportation projects.'' See 
FAST Act, sec. 11310, Small Business Participation Study. The 
legislation requires that: ``Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit a report containing 
the results of the study . . . to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives.'' Id.
    This study will include three surveys and a series of webinars with 
focus groups. In Survey #1, FRA will contact all FRA grant recipients 
to identify prime and sub-contractors, consultants, and vendors that 
received grant funds and the amount of those funds. This survey is 
necessary to determine the percentage of FRA grant funding and 
contracts received by DBEs.
    Survey #2 will focus on DBE and non-DBE firms in the railroad 
industry. The survey will solicit information regarding experiences 
with discrimination, as well as experiences in bidding with the 
grantees and their prime contractors and consultants. This approach 
will ensure that the survey responses are accurate.
    Because response rates to voluntary surveys tend to be low, FRA 
will develop an outreach campaign, use professionally designed surveys, 
incorporate cover letters signed by senior FRA officials, include 
multiple reminders, and enable a dedicated telephone line and email 
address for requesting replacement surveys and addressing other 
inquiries.
    The study team will also collect information regarding 
discrimination and experiences with publicly funded railroad contracts 
through webinar focus groups comprised of DBE and non-DBE business 
owners, as well as procurement personnel at FRA and its grantees. These 
focus groups likewise will explore barriers to the full and fair 
participation of DBEs in FRA's market area and that of its grantees. 
The focus groups also will explore whether USDOT grant programs and 
policies adequately address these challenges. FRA expects these focus 
groups will reveal valuable information about the realities affecting 
DBE firms and will inform the agency how to develop its policy 
responses to those challenges.
    In Survey #3, the study team will verify the DBE status of eligible 
firms. The comparison of DBEs' participation relative to their 
prevalence by industry and geography is crucial to developing sound, 
statistical evidence of potential discrimination. The study will cross-

[[Page 31140]]

reference additional listings and directories of DBE firms to improve 
the accuracy of the classification of firms. FRA will take the 
additional step of validating putative assignments using telephone 
surveys of a statistically random sample of businesses from its 
database.
    Type of Request: Approval of a new collection of information.
    Affected Public: Businesses.
    Form(s): FRA F 6180.171; FRA F 6180.172; FRA F 6180.173; FRA F 
6180.174.
    Respondent Universe: 35,000 Grantees, Sub-Grantees, Prime 
Contractors, Sub-Contractors, DBEs, and Non-Disadvantaged Business 
Firms.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 7,750.
    Total Estimated Annual Burden: 3,151 hours.
    Total Estimated Dollar Cost: $181,655.
    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. 2019-13792 Filed 6-27-19; 8:45 am]
BILLING CODE 4910-06-P