March 12, 2025, FR Notice (60-Day)

March 12, 2025 FR Notice (60-Day).pdf

Control of Alcohol and Drug Use in Railroad Operations

March 12, 2025, FR Notice (60-Day)

OMB: 2130-0526

Document [pdf]
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11873

Federal Register / Vol. 90, No. 47 / Wednesday, March 12, 2025 / Notices
Frequency of Submission: On
occasion.

REPORTING BURDEN
CFR section

Total annual
responses

Average time
per response

Total annual
burden hours

Wage
rate

Total cost
equivalent
U.S.D.
(E)

(A)

(B)

(A * B = C)

(D)

(E = C * D)

150 railroads ...........

1 ...................................

30 minutes ...................

0.50

$89.13

$44.57

150 railroads ...........

20 .................................

15 minutes ...................

5

89.13

445.65

117 railroads ...........

8 ...................................

10 hours .......................

80

89.13

7,130.40

117 railroads ...........

8 ...................................

10 hours .......................

100

89.13

8,913.00

Railroads/Public ......
117 railroads ...........

40 .................................
300,000 (paper) +
636,660 (electronic).
8 ...................................

1 hour ...........................
27 minutes (paper) + 8
minutes (electronic).
80 hours .......................

40
219,888

89.13
69.79

3,565.20
15,345,983.52

640

89.13

57,043.20

Respondent universe

233.5—Accidents resulting from signal
failure.
233.7—Signal failure reports—Form FRA
F 6180.14 ‘‘False Proceed Signal Report’’.
235.5—Changes requiring filing of application.
235.8—Relief from the requirements of
part 236 of this title.
235.20—Protests ......................................
236.110—Results of tests ........................
236.110(e)—Authorization to use electronic or automated tracking systems
for test results.

117 railroads ...........

236.587—Departure Test .........................

The burden for this requirement is covered under OMB Control Number 2130–0553.

236.590—Pneumatic apparatus ...............

42 railroads .............

6,697 ............................

5 minutes .....................

558.08

80.38

44,858.47

Total 2 ................................................

150 railroads ...........

943,444 responses ......

N/A ...............................

221,312

..............

15,467,984

Total Estimated Annual Responses:
943,444.
Total Estimated Annual Burden:
221,312 hours.
Total Estimated Annual Dollar Cost
Equivalent: $15,467,984.
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 that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
[FR Doc. 2025–03919 Filed 3–11–25; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2025–0012]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.

ddrumheller on DSK120RN23PROD with NOTICES1

AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection

SUMMARY:

2 Totals

Request (ICR) summarized below.
Before submitting this ICR to the Office
of Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before May 12,
2025.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on
www.regulations.gov to the docket,
Docket No. FRA–2025–0012. All
comments received will be posted
without change to the docket, including
any personal information provided.
Please refer to the assigned OMB control
number (2130–0526) in any
correspondence submitted. FRA will
summarize comments received in a
subsequent 30-day notice and include
them in its information collection
submission to OMB.
FOR FURTHER INFORMATION CONTACT: Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
arlette.mussington@dot.gov or
telephone: (571) 609–1285 or Ms.
Joanne Swafford, Information Collection
Clearance Officer, at email:
joanne.swafford@dot.gov or telephone:
(757) 897–9908.
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 ICR 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, 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

may not sum due to rounding.

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11874

Federal Register / Vol. 90, No. 47 / Wednesday, March 12, 2025 / Notices

expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
The summary below describes the ICR
that FRA will submit for OMB clearance
as the PRA requires:
Title: Control of Alcohol and Drug use
in Railroad Operations.
OMB Control Number: 2130–0526
Abstract: This ICR covers information
collected pursuant to FRA regulations at
49 CFR part 219—Control of Alcohol
and Drug Use. FRA and the railroad
industry use the information collected
to improve railroad safety through the
detection and deterrence of alcohol and
illicit drug use by railroad or contractor
employees who meet the definition of
‘‘regulated employee’’ in § 219.5.1 For
example, FRA uses the information
collected to ensure that regulated
employees are subject to a random
alcohol and drug testing program in
which each employee has a reasonable
expectation of being tested at any time
while on-duty. This information
collection also covers on-duty railroad
or contractor employees involved in a
train incident who die within 12 hours
of the incident due to the operation of
on-track equipment, regardless of
whether the employee was performing
regulated service at the time.
Information is also collected regarding
foreign-railroads’ foreign-based
employees who perform train or
dispatching service in the United States.
In this 60-day notice, FRA has made
multiple adjustments to the previously
approved burden hours. While some
reported burden hours have been

increased, the overall number of burden
hours has decreased from the previously
approved 4,830 hours to 2,674 hours.
For instance:
• Under § 219.4, Recognition of a
foreign railroad’s workplace testing
program, the estimated burden
associated with comments received on
petitions pursuant to paragraph (e) was
removed. Comments received from the
public, in response to general
solicitations published in the Federal
Register, are not considered information
under the PRA.2
• Under § 219.23, Railroad policies,
FRA reviewed paragraph (a) and
determined the previously reported
burden was underestimated as it
reflected the average time of 3 seconds
needed for a verbal notice rather than
the 30 seconds needed for a written
notice of testing. The burden hours in
this submission have been adjusted
accordingly.
• Under § 219.23(c), railroads must
develop and publish educational
materials, specifically designed for
regulated employees, that clearly
explain the requirements of part 219.
Generally, railroads have already
developed these materials and will not
incur substantial additional burdens
due to this regulatory requirement. FRA
has reduced the estimated burden to
reflect only the time spent by those
railroads that choose to revise the
required educational materials. It is
estimated that only 10 percent of the
654 railroads provided hardcopy
educational materials to employees.
Some railroads post brochures in the

breakroom, but the majority share these
materials electronically, as exemplified
by Class I railroads who refer employees
to the company’s intranet.
• Under § 219.203, Responsibilities of
railroads and employees, FRA reviewed
paragraph (g), Obtaining cooperation of
facility, and determined that this
regulatory requirement does not create
any additional paperwork burden.
Rather, § 219.203(g) requires a railroad
to reference the requirements of subpart
C and the instructions in FRA’s postaccident toxicological shipping kit as
the applicable regulatory authority
when obtaining specimens from an
uncooperative medical facility in a postaccident testing event.
• FRA found that the burdens
associated with § 219.25, Previous
employer drug and alcohol checks, and
§ 219.800, Annual reports, are covered
under OMB control number 2105–0529,
Procedures for Transportation Drug and
Alcohol Testing Program. Thus, FRA
has removed the previously reported
burden hours associated with these
requirements.
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Railroads.
Forms(s): FRA F 6180.73; 6180.74;
6180.75.
Respondent Universe: 654 railroads
(includes 2 foreign-based railroads);
2,600 regulated contractors; and 160,822
regulated employees.
Frequency of Submission: On
occasion.

REPORTING BURDEN
CFR section

Respondent universe

219.4 Recognition of foreign railroad’s workplace
testing program:
—Petition submissions to FRA ...............................

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219.7 Waivers:
—Waiver submissions to FRA ................................
219.12 Hours-of-service laws implications:
—(d) Employees placed on duty for follow up testing documentation..
219.23 Railroad policies:
—(a) Written notification of testing provided to employees.
—(c) Revised educational materials and copies
made available to employees.
—Hard copies to employees ..................................
1 On February 2, 2022, as mandated by the
Substance Use-Disorder Prevention that Promotes
Opioid Recovery and Treatment for Patients and
Communities Act, FRA published a final rule that
revised the definition of ‘‘regulated employee’’ to
include a ‘‘MECH employee’’, thereby expanding
the scope of its alcohol and drug regulation to cover
‘‘all employees of railroad carriers who perform

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Total
annual
responses

Average time
per response
(hours)

Total annual
burden
(hours)

Wage
rate 3

Total cost
equivalent
U.S.D.

(A)

(B)

(C = A * B)

(D)

(E = C * D)

FRA anticipates zero petitions for the next three-year collection period.

654 railroads, 2,600 regulated contractors.

3

90 minutes .........

4.50

$89.13

$401.09

654 railroads, 160,822 regulated employees.

6

30 minutes .........

3

89.13

267.39

71,978

30 seconds ........

599.82

89.13

53,461.96

73

1 hour ................

73

89.13

6,506.49

64

2 minutes ...........

2.13

89.13

189.85

160,822 regulated employees.
654 railroads, 160,822 regulated employees.
654 railroads .........................

mechanical activities.’’ 87 FR 5719 and 5724. The
definition of ‘‘regulated employee’’ also includes
railroad and contractor employees who are
‘‘roadway workers’’ (as defined in 49 CFR 214.7) or
who perform covered services under the hours of
service laws (49 U.S.C. 21101, 21104, or 21105).
2 5 CFR 1320.3(h)(4).

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3 The dollar equivalent cost is derived from the
2023 Surface Transportation Board Full Year Wage
A&B data series using employee group 200
(Professional Administrative Staff) hourly wage rate
of $50.93. The total burden wage rate (straight time
plus 75%) used in the table is $89.13 ($50.93 × 1.75
= $89.13).

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Federal Register / Vol. 90, No. 47 / Wednesday, March 12, 2025 / Notices
REPORTING BURDEN—Continued
CFR section

Respondent universe

219.104 Responsive action:
—(b) Written notice of removal from regulated
service.
219.105 Railroad’s duty to prevent violations:
—(c) Documents provided to FRA upon request
regarding RR’s alcohol and/or drug use education/prevention program.
—(d) RR supervisor Rule G observations and
records of regulated employees.
219.201 Events for which testing is required:
—(c) Good faith determinations 4 ...........................
—(c)(iii) Report by RR concerning decision by person other than RR representative about whether
an accident/incident qualifies for testing.
219.203 Responsibilities of railroads and employees:
—(d)(1) Notification of failure to collect urine/blood
specimens within four hours.
—(e)(5) Documentation and report of employees
subject to recall for testing.
—(g)(2) RR notification to National Response
Center of injured employee unconscious or otherwise unable to give testing consent.
219.205 Specimen collection and handling:
—Post Accident Toxicological Testing Forms–FRA
F 6180.73.
—Specimen handling/collection—Form FRA F
6180.74 by train crew members after accident.
—(b) Collection of Post-Mortem Toxicology Samples–FRA F 6180.75.
—(d) Records of shipment chain of custody ..........
—(e) Specimen security—Contemporaneous written record of kit error.
219.206 FRA access to breath test results:

Total
annual
responses

Average time
per response
(hours)

Total annual
burden
(hours)

Wage
rate 3

Total cost
equivalent
U.S.D.

(A)

(B)

(C = A * B)

(D)

(E = C * D)

160,822 regulated employees.

530

2 minutes ...........

17.67

89.13

1,574.93

3

5 minutes ...........

0.25

89.13

22.29

321,644

2 seconds ..........

178.69

89.13

15,926.64

654 railroads .........................
654 railroads, 160,822 regulated employees.

500
2

5 minutes ...........
30 minutes .........

41.67
1

89.13
89.13

3,714.05
89.13

654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.

80

2 minutes ...........

2.67

89.13

237.98

4

30 minutes .........

2

89.13

178.26

2

10 minutes .........

0.33

89.13

29.42

654 railroads, 160,822 regulated employees.
160,822 regulated employees.
654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.

103

10 minutes .........

17.17

89.13

1,530.37

219

15 minutes .........

54.75

89.13

4,879.87

7

20 minutes .........

2.33

89.13

207.68

103

2 minutes ...........

3.43

89.13

305.72

10

2 minutes ...........

0.33

89.13

29.42

654 railroads, 160,822 regulated employees.

5

10 minutes .........

0.83

89.13

73.98

654 railroads, 160,822 regulated employees.

103

2 minutes ...........

3.43

89.13

305.72

654 railroads, 160,822 regulated employees.

7

15 minutes .........

1.75

89.13

155.98

654 railroads, 160,822 regulated employees.

6

15 minutes .........

1.50

89.13

133.70

654 railroads .........................
654 railroads, 160,822 regulated employees.

FRA anticipates zero submissions under this requirement over the next three-year period.
219.207 Fatality:
—(a) RR notification to local authority ....................
219.209 Reports of tests and refusals:
—(a) Telephonic notification to National Response
Center (NRC) and FRA of accident/incident
where samples were obtained.
219.211 Analysis and follow-up:
—(b) Results of post-accident toxicological testing
to Railroad Medical Review Officer (MRO) employee.
—(c) MRO report to FRA of positive test for alcohol/drugs of surviving employee.
—(e) E-email or written response from employee
to FRA regarding results of the toxicological
analysis.

FRA anticipates zero submissions under this requirement over the next three-years.

—(h) Recordkeeping—post-accident toxicology
tests.

Laboratories maintain records of specimens following an accident or incident. Consequently, there is no burden associated with this requirement.

—(i) Employee’s request for a retest of split blood
and urine samples.

FRA estimates that it will receive zero (0) letters requesting that a sample be retested.

219.213 Unlawful refusals; consequences:
—(a) Notice of disqualification ................................

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—(b) Written notice for employee withdrawal from
regulated service.
219.303 Reasonable suspicion observations:
—(d) Railroad maintenance of written documentation of reasonable suspicion determination.
219.305 Prompt specimen collection; time limitations:
—(b) Railroad written record stating reasons test
was not promptly administered.
219.405 Documentation requirements:
—(a) Written documentation describing basis for
reasonable cause test.
219.407 Prompt specimen collection; time limitations:

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FRA estimates that there will be zero (0) employees who refuse to cooperate in providing blood or urine
samples follow a PAT testing qualifying event.
FRA anticipates zero (0) submissions under this requirement over the next three-years.

654 railroads, 160,822 regulated employees.

33

5 minutes ...........

2.75

89.13

245.11

654 railroads, 160,822 regulated employees.

11

2 minutes ...........

0.37

89.13

32.98

654 railroads, 160,822 regulated employees.

2,314

5 minutes ...........

192.83

89.13

17,186.94

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Federal Register / Vol. 90, No. 47 / Wednesday, March 12, 2025 / Notices
REPORTING BURDEN—Continued
CFR section

Respondent universe

—(b) Record of prompt specimen collection time
limitation exceeded.
219.501 Pre-employment drug testing:
—(b) Railroad documentation of negative pre-employment drug tests for employees of contractors.
219.605 Submission and approval of random testing
plans:
—(a)(1) New railroads’ submission of random testing plan.
—(a)(2) Amendments to currently-approved FRA
random testing plan.
—(b) Plan approval notification—Resubmitted random testing plans after non-approval by FRA.
—(d)(2) Non-substantive amendment to an approved plan.
219.615 Random testing collections:
—(f) Documentation of incomplete random testing
collections.
219.617 Participation in random alcohol and drug
testing:
—(a)(3) Documentation supporting employee exclusion from random alcohol/drug testing due to
a substantiated medical emergency.
219.623 Records:
—(a) Random testing records ................................
219.1001 Requirement for referral programs:
—Co-worker referral of employee who is unsafe to
work or in violation of part 219.
Total 5 ...............................................................

Estimated Annual Responses:
456,302.
Total Estimated Annual Burden:
2,674 Hours.
Total Estimated Burden Hour Dollar
Cost Equivalent: $238,317.
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 that does
not display a currently valid OMB
control number.
Authority: 44 U.S.C. 3501–3520.
Christopher S. Van Nostrand,
Deputy Chief Counsel.

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BILLING CODE 4910–06–P

4 The burden for this section is based on the
estimated time it takes for a railroad representative
to make a good faith determination using FRA’s
Post-Accident Determination App. FRA developed
this app to help railroads make correct postaccident toxicological testing determinations and
has made it available to download for free. See
https://railroads.dot.gov/railroad-safety/divisions/
drug-and-alcohol/post-accident-determination-app.
5 Totals may not add up due to rounding.

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Average time
per response
(hours)

Total annual
burden
(hours)

Wage
rate 3

Total cost
equivalent
U.S.D.

(A)

(B)

(C = A * B)

(D)

(E = C * D)

654 railroads, 160,822 regulated employees.

17

15 minutes .........

4.25

89.13

378.81

6,400

30 seconds ........

53.33

89.13

4,753.31

12 railroads ...........................

12

1 hour ................

12.00

89.13

1,069.56

654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.
654 railroads, 160,822 regulated employees.

450

1 hour ................

450.00

89.13

40,108.50

56

30 minutes .........

28.00

89.13

2,495.64

300

15 minutes .........

75.00

89.13

6,684.75

654 railroads, 160,822 regulated employees.

2,250

30 seconds ........

18.75

89.13

1,671.19

654 railroads, 160,822 regulated employees.

6

1 hour ................

6

89.13

534.78

654 railroads, 160,822 regulated employees.

48,977

1 minute ............

816.28

89.13

72,755.04

654 railroads, 160,822 regulated employees.

24

5 minutes ...........

2

89.13

178.26

654 railroads, 160,822 regulated employees, 2,600
regulated contractors.

456,302

N/A ....................

2,674

..............

238,317

654 railroads, 64,000 contractor employees.

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2019–0224; Notice No.
2025–0001]

Hazardous Materials: Notice of Public
Meetings in 2025 for International
Standards on the Transport of
Dangerous Goods
Pipeline and Hazardous
Materials Safety Administration, Office
of Hazardous Materials Safety, U.S.
Department of Transportation.
ACTION: Notice of 2025 public meetings.
AGENCY:

This notice announces that
the Pipeline and Hazardous Materials
Safety Administration (PHMSA) Office
of Hazardous Materials Safety (OHMS)
will host four public meetings during
2025 in advance of certain international
meetings. The first meeting will be held
in preparation of the International Civil
Aviation Organization’s (ICAO)
Dangerous Goods Panel (DGP) Working
Group 25 (WG/25) scheduled for April
21–25, 2025 in Delhi, India. The second
meeting will be held in preparation of
the 66th session of the United Nations
Sub-Committee of Experts on the

SUMMARY:

[FR Doc. 2025–03920 Filed 3–11–25; 8:45 am]

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responses

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Transport of Dangerous Goods
(UNSCOE TDG) scheduled for June 30–
July 4, 2025 in Geneva, Switzerland.
The third meeting will be held in
preparation of the 30th session of the
ICAO DGP (DGP/30) scheduled for
October 6–10, 2025 in Montreal,
Canada. The fourth meeting will be held
in preparation of the 67th session of the
UNSCOE TDG scheduled for November
24–December 3, 2024 in Geneva,
Switzerland. For each of these meetings,
PHMSA will solicit public input on
current proposals.
ADDRESSES: Each public meeting will
take place approximately two weeks
preceding the international meeting at
DOT Headquarters, West Building, 1200
New Jersey Avenue SE, Washington, DC
20590–0001. A remote participation
option will also be available. Specific
information for each meeting will be
posted when available on the PHMSA
website at www.phmsa.dot.gov/
international-program/internationalprogram-overview under ‘‘Upcoming
Events.’’ This information will include
the public meeting date, time, remote
access login, conference dial-in number,
and details for advance registration.
FOR FURTHER INFORMATION CONTACT:
Steven Webb or Aaron Wiener, U.S.

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