81 FR 14217 - Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the renewal Information Collection Requests (ICRs) abstracted below are being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on December 29, 2015.

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14217-14218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05924]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2016-0002-N-8]


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the renewal Information Collection Requests 
(ICRs) abstracted below are being forwarded to the Office of Management 
and Budget (OMB) for review and comment. The ICRs describe the nature 
of the information collections and their expected burden. The Federal 
Register notice with a 60-day comment period soliciting comments on the 
following collections of information was published on December 29, 
2015.

DATES: Comments must be submitted on or before April 15, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information 
Collection Clearance Officer, Office of Safety, Safety Regulatory 
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 Administration, 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 issue two notices seeking public 
comment on information collection activities before OMB may approve 
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 
and 1320.12. On December 29, 2015, FRA published a 60-day notice in the 
Federal Register soliciting comment on ICRs that the agency is seeking 
OMB approval. See 80 FR 81423. 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 for public comment. 44 U.S.C. 
3507(b); 5 CFR 1320.12(d). 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 1320.12(d); see also 
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that 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. 5 CFR 1320.12(c); see also 60 
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information 
collection requests (ICRs) and their expected burdens. The renewal 
requests are being submitted for clearance by OMB as required by 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.
    Type of Request: Extension with change of a currently approved 
information collection.
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Total Annual Estimated Responses: 298,245.
    Total Annual Estimated Burden: 15,310 hours.
    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

[[Page 14218]]

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.
    Type of Request: Extension without change of a currently approved 
information collection.
    Form(s): N/A.
    Total Annual Estimated Responses: 32.
    Total Annual Estimated Burden: 5 hours.
    Addressee: Send comments regarding these information collections 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].
    Comments are invited on the following: Whether the proposed 
collections of information are necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; the accuracy of the Department's estimates of 
the burden of the proposed information collections; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collections of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this notice in the Federal 
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on March 11, 2016.
Erin McCartney,
Acting Chief Financial Officer.
[FR Doc. 2016-05924 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-06-P