80 FR 14238 - Agency Request for Emergency Processing of Collection of Information by the Office of Management and Budget
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14238-14239 | |
| FR Document | 2015-06214 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Notices] [Pages 14238-14239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06214] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2015-0007-N-4] Agency Request for Emergency Processing of Collection of Information by the Office of Management and Budget AGENCY: Federal Railroad Administration (FRA), United States Department of Transportation (USDOT). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: FRA hereby gives notice that it is submitting the following Information Collection request (ICR) to the Office of Management and Budget (OMB) for Emergency processing under the Paperwork Reduction Act of 1995 and its implementing regulations. FRA requests that OMB immediately authorize the collection of information identified below on March 18, 2015, for a period of 180 days. FOR FURTHER INFORMATION CONTACT: A copy of this individual ICR, with applicable supporting documentation, may be obtained by calling FRA's Clearance Officers: Robert Brogan (tel. (202) 493-6292) or Kimberly Toone (tel. (202) 493-6132); these numbers are not toll-free), or by contacting Mr. Brogan via facsimile at (202) 493-6216 or Ms. Toone via facsimile at (202) 493-6497, or via email by contacting Mr. Brogan at [email protected]; or by contacting Ms. Toone at [email protected]. Comments regarding these information collection requirements should be sent directly to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street NW., Washington, DC, 20503, Attention: FRA Desk Officer. Comments may also be sent via email to OMB at the following address: [email protected]. Title: Railworthiness Directive Under 49 CFR 180.509 for Railroad Tank Cars Equipped With Certain McKenzie Valve & Machining LLC Valves. Reporting Burden: ---------------------------------------------------------------------------------------------------------------- Respondent Total annual Average time per Total annual Emergency order item No. universe responses response burden hours ---------------------------------------------------------------------------------------------------------------- I. Identification of RR tank 100 Tank Car 200 2 hours........... 400 hours. cars equipped with McKenzie Owners (15,000 identifications/ valves & document providing affected tank reports. reporting mark and number of cars). each car so equipped and type of valve to FRA. --Record of Inspection Date and 100 Tank Car 200 records....... 30 minutes........ 100 hours. Location and Results of Owners (15,000 Inspection. affected tank cars). ---------------------------------------------------------------------------------------------------------------- Form Number(s): N/A. Respondent Universe: 100 Tank Car Owners. Frequency of Submission: One-time; on occasion. Total Responses: 400. Estimated Total Annual Burden: 500 hours. Status: Emergency Review. Description: Recent FRA investigations identified several railroad tank cars transporting hazardous materials and leaking small quantities of product from the cars' liquid lines. FRA's investigation revealed that the liquid lines of the leaking tank cars were equipped with a certain type of 3 inch ball valve marketed and sold by McKenzie Valve & Machining LLC (McKenzie) (formerly McKenzie Valve & Machining Company), an affiliate company of Union Tank Car Company (UTLX). FRA further found certain closure plugs installed on the 3 inch [[Page 14239]] valves cause mechanical damage to the valves, which leads to the destruction of the valves' seal integrity and that the 3 inch valves, as well as similarly-designed 1 inch and 2 inch valves provided by this manufacturer are not approved for use on tank cars. FRA is issuing this Railworthiness Directive (Directive) to all owners of tank cars used to transport hazardous materials within the United States to ensure they identify and appropriately remove and replace these valves with approved valves consistent with Federal regulations. As provided under 5 CFR 1320.13, Emergency Processing, DOT is requesting emergency processing for this new collection of information as specified in the Paperwork Reduction Act of 1995 and its implementing regulations. DOT cannot reasonably comply with normal clearance procedures because the use of normal clearance procedures is reasonably likely to disrupt the collection of information. Further, in light of recent tank car accidents/incidents carrying crude oil, FRA believes safety is an overriding issue. The Directive takes effect immediately upon issuance. FRA cannot wait the normal 90- to 180-day period for routine Office of Management and Budget (OMB) review and approval. Under the Directive, tank car owners must take immediate action to identify, inspect, and repair the valves. Therefore, FRA is requesting OMB approval of this collection of information upon publication of this Notice in the Federal Register. Upon OMB approval of its emergency clearance request, FRA will follow the normal clearance procedures for the information collection associated with this Railworthiness Directive. Pursuant to 44 U.S.C. 3507(a) and 5 CFR 320.5(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. Rebecca Pennington, Chief Financial Officer. [FR Doc. 2015-06214 Filed 3-17-15; 8:45 am] BILLING CODE 4910-06-P
![14238 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
by the September 3, 2003 notice. provide a reason for each suggestion or ACTION: Notice.
FMCSA discontinued use of the 3-year recommendation. If you submit your
driving experience and fulfilled the comments by mail or hand delivery, SUMMARY: FRA hereby gives notice that
requirements of section 4129 while submit them in an unbound format, no it is submitting the following
continuing to ensure that operation of larger than 81⁄2 by 11 inches, suitable for Information Collection request (ICR) to
CMVs by drivers with ITDM will copying and electronic filing. If you the Office of Management and Budget
achieve the requisite level of safety submit comments by mail and would (OMB) for Emergency processing under
required of all exemptions granted like to know that they reached the the Paperwork Reduction Act of 1995
under 49 U.S.C. 31136 (e). facility, please enclose a stamped, self- and its implementing regulations. FRA
Section 4129(d) also directed FMCSA addressed postcard or envelope.
to ensure that drivers of CMVs with requests that OMB immediately
We will consider all comments and authorize the collection of information
ITDM are not held to a higher standard material received during the comment
than other drivers, with the exception of identified below on March 18, 2015, for
period and may change this proposed
limited operating, monitoring and a period of 180 days.
rule based on your comments. FMCSA
medical requirements that are deemed may issue a final rule at any time after FOR FURTHER INFORMATION CONTACT: A
medically necessary. the close of the comment period. copy of this individual ICR, with
The FMCSA concluded that all of the applicable supporting documentation,
operating, monitoring and medical V. Viewing Comments and Documents
may be obtained by calling FRA’s
requirements set out in the September 3, To view comments, as well as any Clearance Officers: Robert Brogan (tel.
2003 notice, except as modified, were in documents mentioned in this preamble,
compliance with section 4129(d). (202) 493–6292) or Kimberly Toone (tel.
To submit your comment online, go to (202) 493–6132); these numbers are not
Therefore, all of the requirements set http://www.regulations.gov and in the
out in the September 3, 2003 notice, toll-free), or by contacting Mr. Brogan
search box insert the docket number
except as modified by the notice in the via facsimile at (202) 493–6216 or Ms.
FMCSA–2014–0314 and click ‘‘Search.’’
Federal Register on November 8, 2005 Toone via facsimile at (202) 493–6497,
Next, click ‘‘Open Docket Folder’’ and
(70 FR 67777), remain in effect. you will find all documents and or via email by contacting Mr. Brogan at
comments related to the proposed Robert.Brogan@dot.gov; or by contacting
IV. Submitting Comments Ms. Toone at Kim.Toone@dot.gov.
rulemaking.
You may submit your comments and Comments regarding these information
material online or by fax, mail, or hand Issued On: March 12, 2015.
collection requirements should be sent
delivery, but please use only one of Larry W. Minor, directly to the Office of Information and
these means. FMCSA recommends that Associate Administrator for Policy. Regulatory Affairs, Office of
you include your name and a mailing [FR Doc. 2015–06175 Filed 3–17–15; 8:45 am] Management and Budget, 725
address, an email address, or a phone BILLING CODE P Seventeenth Street NW., Washington,
number in the body of your document
DC, 20503, Attention: FRA Desk Officer.
so that FMCSA can contact you if there
Comments may also be sent via email to
are questions regarding your DEPARTMENT OF TRANSPORTATION
submission. OMB at the following address: oira_
To submit your comment online, go to Federal Railroad Administration submissions@omb.eop.gov.
http://www.regulations.gov and in the Title: Railworthiness Directive Under
[Docket No. FRA–2015–0007–N–4]
search box insert the docket number 49 CFR 180.509 for Railroad Tank Cars
FMCSA–2014–0314 and click the search Agency Request for Emergency Equipped With Certain McKenzie Valve
button. When the new screen appears, Processing of Collection of & Machining LLC Valves.
click on the blue ‘‘Comment Now!’’ Information by the Office of Reporting Burden:
button on the right hand side of the Management and Budget
page. On the new page, enter
information required including the AGENCY:Federal Railroad
specific section of this document to Administration (FRA), United States
which each comment applies, and Department of Transportation (USDOT).
Average Total annual
Total annual
Emergency order item No. Respondent universe time per burden
responses response hours
I. Identification of RR tank cars equipped with 100 Tank Car Owners (15,000 af- 200 identifications/re- 2 hours ...... 400 hours.
McKenzie valves & document providing report- fected tank cars). ports.
ing mark and number of each car so equipped
and type of valve to FRA.
—Record of Inspection Date and Location and 100 Tank Car Owners (15,000 af- 200 records ................... 30 minutes 100 hours.
Results of Inspection. fected tank cars).
mstockstill on DSK4VPTVN1PROD with NOTICES
Form Number(s): N/A. Status: Emergency Review. equipped with a certain type of 3 inch
Respondent Universe: 100 Tank Car Description: Recent FRA ball valve marketed and sold by
Owners. investigations identified several railroad McKenzie Valve & Machining LLC
Frequency of Submission: One-time; tank cars transporting hazardous (McKenzie) (formerly McKenzie Valve &
on occasion. materials and leaking small quantities of Machining Company), an affiliate
Total Responses: 400. product from the cars’ liquid lines. company of Union Tank Car Company
Estimated Total Annual Burden: 500 FRA’s investigation revealed that the (UTLX). FRA further found certain
hours. liquid lines of the leaking tank cars were closure plugs installed on the 3 inch
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![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14239
valves cause mechanical damage to the DEPARTMENT OF TRANSPORTATION refusals of random tests required by 49
valves, which leads to the destruction of CFR part 655).
the valves’ seal integrity and that the 3 Federal Transit Administration The alcohol provisions provide the
inch valves, as well as similarly- random rate may be lowered to 10
Prevention of Alcohol Misuse and percent if the ‘‘violation rate’’ for the
designed 1 inch and 2 inch valves
Prohibited Drug Use in Transit entire transit industry is less than 0.5
provided by this manufacturer are not
Operations percent for two consecutive years. It
approved for use on tank cars. FRA is
issuing this Railworthiness Directive will remain at 25 percent if the
AGENCY: Federal Transit Administration
‘‘violation rate’’ is equal to or greater
(Directive) to all owners of tank cars (FTA), DOT.
than 0.5 percent but less than one
used to transport hazardous materials ACTION: Notice of random drug and percent, and it will be raised to 50
within the United States to ensure they alcohol testing rates for 2015. percent if the ‘‘violation rate’’ is one
identify and appropriately remove and percent or greater for any one year
replace these valves with approved SUMMARY: This notice announces the
(‘‘violation rate’’ means the number of
valves consistent with Federal 2015 random testing rates for employers
covered employees found during
regulations. subject to the Federal Transit
random tests administered under 49
Administration’s (FTA) drug and CFR 655.45 to have an alcohol
As provided under 5 CFR 1320.13, alcohol rules.
Emergency Processing, DOT is concentration of 0.04 or greater, plus the
DATES: Effective Date: January 1, 2015. number of employees who refuse a
requesting emergency processing for
this new collection of information as FOR FURTHER INFORMATION CONTACT: Iyon random test required by 49 CFR 655.49,
specified in the Paperwork Reduction Rosario, Drug and Alcohol Program divided by the total reported number of
Act of 1995 and its implementing Manager for the Office of Transit Safety random alcohol tests plus the total
regulations. DOT cannot reasonably and Oversight, 1200 New Jersey Avenue number of refusals of random tests
SE., Washington, DC 20590 (telephone: required by 49 CFR part 655).
comply with normal clearance Pursuant to 49 CFR 655.45(b), the
procedures because the use of normal 202–366–2010 or email: Iyon.Rosario@
dot.gov). Acting Administrator’s decision to
clearance procedures is reasonably increase or decrease the minimum
likely to disrupt the collection of SUPPLEMENTARY INFORMATION: On annual percentage rate for random drug
information. Further, in light of recent January 1, 1995, FTA required large and alcohol testing is based, in part, on
tank car accidents/incidents carrying transit employers to begin drug and the reported positive drug and alcohol
crude oil, FRA believes safety is an alcohol testing employees performing violation rates for the entire industry.
overriding issue. The Directive takes safety-sensitive functions and submit The information used for this
effect immediately upon issuance. FRA annual reports by March 15 of each year determination is drawn from the drug
cannot wait the normal 90- to 180-day beginning in 1996. The annual report and alcohol Management Information
period for routine Office of Management includes the number of employees who System (MIS) reports required by 49
and Budget (OMB) review and approval. had a verified positive for the use of CFR part 655. In determining the
prohibited drugs, and the number of reliability of the data, the Acting
Under the Directive, tank car owners
employees who tested positive for the Administrator considers the quality and
must take immediate action to identify,
misuse of alcohol during the reported completeness of the reported data, or
inspect, and repair the valves. year. Small employers commenced their
Therefore, FRA is requesting OMB may obtain additional information or
FTA-required testing on January 1, reports from employers, and make
approval of this collection of 1996, and began reporting the same
information upon publication of this appropriate modifications in calculating
information as the large employers the industry’s verified positive results
Notice in the Federal Register. beginning March 15, 1997. The testing and violation rates.
Upon OMB approval of its emergency rules were updated on August 1, 2001, The Acting Administrator has
clearance request, FRA will follow the and established a random testing rate for determined that the random drug testing
normal clearance procedures for the prohibited drugs and the misuse of rate will remain at 25 percent for 2015
information collection associated with alcohol. due to a ‘‘positive rate’’ lower than 1.0
this Railworthiness Directive. The rules require employers conduct percent for random drug test data for the
random drug tests at a rate equivalent to two preceding calendar years. The
Pursuant to 44 U.S.C. 3507(a) and 5
at least 50 percent of their total number random drug rates for the two preceding
CFR 320.5(b), 1320.8(b)(3)(vi), FRA
of safety-sensitive employees for years are 0.74 percent for 2013 and 0.87
informs all interested parties that it may prohibited drug use and at least 25 percent for 2014.
not conduct or sponsor, and a percent for the misuse of alcohol. The Acting Administrator also has
respondent is not required to respond However, the rules provide the drug determined that the random alcohol
to, a collection of information unless it random testing rate may be lowered to testing rate for 2015 will remain at 10
displays a currently valid OMB control 25 percent if the ‘‘positive rate’’ for the percent because the random alcohol
number. entire transit industry is less than one violation rate was again lower than 0.5
Authority: 44 U.S.C. 3501–3520. percent for two preceding consecutive percent for the two preceding
years. Once lowered, the random rates consecutive years due. The random
Rebecca Pennington, may be raised to 50 percent if the alcohol rates for the two preceding years
mstockstill on DSK4VPTVN1PROD with NOTICES
Chief Financial Officer. positive rate equals or exceeds one are 0.12 percent for 2013 and 0.14
[FR Doc. 2015–06214 Filed 3–17–15; 8:45 am] percent for any one year (‘‘positive rate’’ percent for 2014.
BILLING CODE 4910–06–P means the number of positive results for Detailed reports on the FTA drug and
random drug tests conducted under 49 alcohol testing data collected from
CFR 655.45 plus the number of refusals transit employers may be obtained from
of random tests required by 49 CFR the FTA, Office of Transit Safety and
655.49, divided by the total number of Oversight, 1200 New Jersey Avenue SE.,
random drug tests, plus the number of Washington, DC 20590, (202) 366–2010
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Document Created: 2018-02-21 09:39:30
Document Modified: 2018-02-21 09:39:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | A copy of this individual ICR, with applicable supporting documentation, may be obtained by calling FRA's Clearance Officers: Robert Brogan (tel. (202) 493-6292) or Kimberly Toone (tel. (202) 493-6132); these numbers are not toll-free), or by contacting Mr. Brogan via facsimile at (202) 493-6216 or Ms. Toone via facsimile at (202) 493-6497, or via email by contacting Mr. Brogan at [email protected]; or by contacting Ms. Toone at [email protected] Comments regarding these information collection requirements should be sent directly to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street NW., Washington, DC, 20503, Attention: FRA Desk Officer. Comments may also | |
| FR Citation | 80 FR 14238 |
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