67434 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

updated rules and procedures, if 

implemented. In addition, this safety 

advisory recommends that railroads and 

contractors conduct additional safety 

briefings to raise workers’ awareness of 

the hazards associated with operating 

and working around RMMs. 

FOR FURTHER INFORMATION CONTACT: YuJiang Zhang, Staff Director, Track and 

Structures Division, Office of Railroad 

Safety, FRA, 1200 New Jersey Avenue 

SE, Washington, DC 20590, telephone 

(202) 493–6460. 

Disclaimer: This Safety Advisory is 

considered guidance pursuant to DOT 

Order 2100.6A (June 7, 2021). Except 

when referencing laws, regulations, 

policies, or orders, the information in 

this Safety Advisory does not have the 

force and effect of law and is not meant 

to bind the public in any way. This 

document does not revise or replace any 

previously issued guidance. 

SUPPLEMENTARY INFORMATION: 

Background 

FRA is concerned about the incidents 

in the past few years resulting in 

fatalities of two roadway workers struck 

by RMMs on main line track. 

Information regarding these incidents, 

discussed below, is based on FRA’s 

preliminary findings and the respective 

railroad’s latest reporting. This safety 

advisory is not intended to attribute a 

cause to these incidents or place 

responsibility for these incidents on the 

acts or omissions of any person or 

entity. 

The following is a summary of the 

circumstances involved in the incidents: 

In August 2023, an RMM struck and 

fatally injured a contractor working on 

the Housatonic Railroad Company’s 

main line. FRA’s preliminary 

investigation shows that at the time of 

his injury, the contractor was part of a 

four-person work group. The work 

group consisted of two machine 

operators (each operating an RMM) and 

two roadway workers (each working on 

one of the RMMs). Before the incident, 

one of the RMMs (RMM–1) left the work 

area and traveled south to conduct 

repairs. 

While waiting for RMM–1 to return, 

the remaining two roadway workers on 

the other RMM (RMM–2), including the 

worker who was subsequently fatally 

injured, dismounted RMM–2 to clear 

ballast away from the tie plates in 

preparation for the drilling and lag 

screw installation. One roadway worker 

used his hands to remove the ballast, 

while the other used a backpack blower. 

When RMM–1 returned to the work site, 

the worker using the backpack blower 

did not clear the track and was struck 

by RMM–1 when he did not respond to 

its approach. 

In December 2021, a contractor 

working on the Norfolk Southern (NS) 

was fatally injured when struck by an 

RMM while working on the main line. 

The contractor was working with an NS 

rail gang and was marking rail for 

pickup and had started walking in the 

gauge of the track when the machine 

operator of the RMM made a backup 

move. The machine operator did not see 

the contractor walking in the gauge of 

the track and struck the contractor. 

These incidents represent the worstcase scenario that can occur when 

roadway workers are working on or near 

RMMs. These incidents highlight the 

need for railroads to examine their rules 

and procedures for protecting roadway 

workers who operate or work near 

RMMs. 

Recommendations 

In light of the above discussion, FRA 

recommends that railroads and railroad 

contractors: 

1. Review, update, and communicate 

applicable rules and procedures related 

to the operation of RMMs to ensure the 

safety of roadway workers who operate 

and work with or around the machines. 

2. Increase monitoring of roadway 

workers, railroad employees, and 

contractors for compliance with all 

existing applicable rules and procedures 

(and any updated rules and procedures 

to result from paragraph (1)), 

particularly those involving the 

operation of RMMs and roadway 

workers working on and in the vicinity 

of RMMs. 

3. Conduct additional safety briefings 

to raise workers’ awareness of the 

hazards associated with operating and 

working around RMMs. 

FRA encourages all railroad industry 

members to take actions consistent with 

the recommendations of this Safety 

Advisory. FRA may modify this Safety 

Advisory, issue additional safety 

advisories, or take other appropriate 

action necessary to ensure the highest 

level of safety on the Nation’s railroads, 

including pursuing other corrective 

measures under its rail safety authority. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–21497 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2023–0143] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of a Renewed Approval of 

Information Collection(s): Procedures 

for Transportation Workplace Drug and 

Alcohol Testing Programs (ICR 2105– 

0529) 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments about our intention to request 

Office of Management and Budget 

(OMB) approval to renew information 

collection 2105–0529, Procedures for 

Transportation Drug and Alcohol 

Testing Program (ICR 2105–0529). The 

information to be collected will be used 

to document tests conducted and 

actions taken to ensure safety in the 

workplace and/or are necessary under 

the Omnibus Transportation Employee 

Testing Act of 1991, which requires 

DOT to implement a drug and alcohol 

testing program in various 

transportation-related industries. DOT is 

required to publish this notice in the 

Federal Register in accordance with the 

Paperwork Reduction Act of 1995. 

DATES: Comments to this notice must be 

received by November 28, 2023. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Website: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. 

Instructions: You must include the 

agency name and docket number [DOT– 

OST–2023–0143] of this notice at the 

beginning of your comment. Note that 

all comments received will be posted 

without change to http://

www.regulations.gov including any 

personal information provided. Please 

see the Privacy Act section of this 

document. 

Docket: You may view the public 

docket through the internet at http:// 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67435 

www.regulations.gov or in person at the 

Docket Management System office at the 

above address. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Mike Huntley, Office of Drug and 

Alcohol Policy and Compliance, Office 

of the Secretary, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

202–366–3784 (voice), 202–366–3897 

(fax), or ODAPCWebmail@dot.gov 

(email). 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 2105–0529. 

Title: Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs. 

Form Numbers: DOT F 1385; DOT F 

1380. 

Type of Review: Clearance of a 

renewal of an information collection. 

Background: Under the Omnibus 

Transportation Employee Testing Act of 

1991, DOT is required to implement a 

drug and alcohol testing program in 

various transportation related 

industries. This specific requirement is 

elaborated in 49 CFR part 40, 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs (part 40). This request for a 

renewal of the information collection for 

the program includes 45 burden items 

related to the overall program and 2 

official DOT forms: the U.S. Department 

of Transportation Alcohol Testing Form 

(ATF) [DOT F 1380] and the DOT Drug 

and Alcohol Testing Management 

Information System (MIS) Data 

Collection Form [DOT F 1385]. 

The ATF includes the employee’s 

name, the type of test taken, the date of 

the test, and the name of the employer. 

Data on each test conducted, including 

test results, is necessary to document 

that the tests were conducted and is 

used to take action, when required, to 

ensure safety in the workplace. The MIS 

form includes employer specific drug 

and alcohol testing information such as 

the reason for the test and the 

cumulative number of test results for the 

negative, positive, and refusal tests. No 

employee specific data is collected. The 

MIS data is used by each of the affected 

DOT Agencies (i.e., Federal Aviation 

Administration, Federal Transit 

Administration, Federal Railroad 

Administration, Federal Motor Carrier 

Safety Administration, and the Pipeline 

and Hazardous Materials Safety 

Administration) and the United States 

Coast Guard when calculating their 

industry’s annual random drug and/or 

alcohol testing rate. 

On May 2, 2023, Part 40 was amended 

to include oral fluid testing as an 

additional methodology for drug testing 

that gives employers a choice that will 

help combat employee cheating on 

urine drug tests and provide a less 

intrusive means of achieving the safety 

goals of the program [88 FR 27596]. As 

a result of the rule to include oral fluid 

testing as an additional methodology for 

drug testing, two new burden items 

have been added to this collection: (1) 

Oral Fluid Collector (Qualification and 

Refresher) Training Documentation 

[§ 40.35(b) & (e)]; and (2) Oral Fluid 

Collector Error Correction Training 

Documentation [§ 40.35(f)]. These new 

burden items are analogous to the 

existing burden items for urine 

collectors and screening test technicians 

and breath alcohol technicians. 

Also as a result of the May 2023 rule 

to include oral fluid as an additional 

methodology for drug testing, DOT will 

request OMB approval for a revision of 

the MIS Data Collection Form to 

facilitate the collection of oral fluid 

testing data from employers. 

Specifically, in Section III of the form, 

‘‘Drug Testing Data,’’ DOT will add 

additional rows under each ‘‘Type of 

Test’’ (e.g., Pre-Employment, Random, 

Post-Accident, Reasonable Suspicion/ 

Cause, Return-to-Duty, Follow-Up, and 

Total) for employers to enter the number 

of urine tests, the number of oral fluid 

tests, and the number of total tests 

conducted. 

Respondents: The information will be 

collected from transportation 

employers, Department representatives, 

and a variety of service agents. 

Estimated total number of respondents 

is 1,426,662. 

Frequency: The information will be 

collected annually. 

Estimated Total Number Burden 

Hours: 1,469,136. 

PRA item Number of 

respondents 

Number of 

responses 

Burden per 

response 

(minutes) 

Total burden 

(hours) 

Total salary 

costs 

($) 1

Exemptions from Regulation Provisions Requests [40.7(a)] 1 1 180 3 122 

Employer Stand-down Waiver Requests [40.21(b)] ............ 0 0 480 0 0 

Employee Testing Records from Previous Employers 

[40.25(a)] .......................................................................... 549,029 990,596 8 132,079 5,387,502 

Employee Release of Information [40.25(f)] ........................ 549,029 990,596 8 132,079 5,387,502 

MIS Form Submission [40.26] ............................................. 19,699 19,699 90 29,549 1,205,304 

Urine Collector (Qualification and Refresher) Training Documentation [(40.33(b) & (e)] ............................................. 5,000 5,000 4 333 13,583 

Urine Collector Error Correction Training Documentation 

[40.33(f)] ........................................................................... 17,980 17,980 4 1,199 48,907 

Oral Fluid Collector (Qualification and Refresher) Training 

Documentation [(40.35(b) & (e)] ...................................... 5,000 5,000 4 333 13,583 

Oral Fluid Collector Error Correction Training Documentation [40.35(f)] .................................................................... 17,980 17,980 4 1,199 48,907 

Laboratory Reports to DOT Regarding Unlisted Adulterant 

[40.87(e)] .......................................................................... 0 0 30 0 0 

Semi-Annual Laboratory Reports to Employers [40.111(a)] 19 365,983 4 24,399 995,235 

Semi-Annual Laboratory Reports to DOT [40.111(d)] ......... 19 456 4 30 1,224 

Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & 

(d)] .................................................................................... 1,000 1,000 4 67 2,733 

MRO Review of Negative Results Documentation 

[40.127(b)(2)(ii)] ................................................................ 5,000 351,135 4 23,409 954,853 

MRO Failure to Contact Donor Documentation 

[40.131(c)(1)] .................................................................... 5,000 50,787 4 3,386 138,115 


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67436 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

1All salary costs are based upon the Department 

of Labor’s bureau of Labor Statistics average 

employee compensation hourly cost in 2023. 

PRA item Number of 

respondents 

Number of 

responses 

Burden per 

response 

(minutes) 

Total burden 

(hours) 

Total salary 

costs 

($) 1

MRO Effort to Contact DER Documentation 

[40.131(c)(2)(iii)] ............................................................... 5,000 57,624 4 3,842 156,715 

DER Successful Contact Employee Documentation 

[40.131(d)] ........................................................................ 46,099 46,099 4 3,073 125,348 

DER Failure to Contact Employee Documentation 

[40.131(d)(2)(i)] ................................................................. 11,525 11,525 4 768 31,327 

MRO Verification of Positive Result Without Interview Documentation [40.133] .......................................................... 5,000 11,525 4 768 31,327 

Adulterant/Substitution Evaluation Physician Statements 

[40.145(g)(2)(ii)(d)] ........................................................... 0 0 30 0 0 

MRO Cancellation of Adulterant/Substitution for Legitimate 

Reason Reports [40.145(g)(5)] ........................................ 0 0 30 0 0 

Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)] ............................... 40 40 4 3 122 

Split Specimen Requests by MRO [40.171(c)] .................... 5,000 11,932 4 795 32,428 

Split Failure to Reconfirm for Drugs Reports by MRO 

[40.187(b)] ........................................................................ 70 70 4 5 204 

Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)] ................................................. 8 8 5 1 41 

Shy Bladder Physician Statements [40.193(f)] .................... 719 719 5 60 2,447 

MRO Statements Regarding Physical Evidence of Drug 

Use [40.195(b) & (c)] ........................................................ 0 0 0 0 0 

Drug Test Correction Statements [40.205(b)(1) & (2)] ........ 25,000 143,840 8 19,179 782,311 

Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c) & (e)] .......................................... 2,000 2,000 4 133 5,425 

BAT/STT Error Correction Training Documentation 

[40.213(f)] ......................................................................... 401 401 4 27 1,101 

Complete DOT Alcohol Testing Forms [40.225(a)] ............. 10,000 8,025,159 8 1,070,021 43,646,157 

Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)] ......................................... 10,000 10,000 4 667 27,166 

Shy Lung Physician Statements [40.265(c)(2)] ................... 401 401 4 27 1,101 

Alcohol Test Correction Statements [40.271(b)(1) & (2)] .... 803 803 4 54 2,203 

Substance Abuse Professional (SAP) (Qualification and 

Continuing Education) Training Documentation 

[40.281(c) & (d)] ............................................................... 3,334 3,334 4 222 9,055 

Employer SAP Lists to Employees [40.287] ........................ 116,467 116,467 4 7,764 316,694 

SAP Reports to Employers [40.311(c), (d) & (e)] ................ 10,000 201,258 4 13,417 547,279 

Correction Notices to Service Agents [40.373(a)] ............... 25 25 60 25 1,020 

Notice of Proposed Exclusion (NOPE) to Service Agents 

[40.375(a)] ........................................................................ 5 5 600 50 2,040 

Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)] ..................................................... 2 2 60 2 82 

Service Agent Information to Argue PIE [40.379(b)(2)] ...... 2 2 240 8 326 

Service Agent Information to Contest PIE [40.381(a) & (b)] 2 2 240 8 326 

Notices of PIE to Service Agents [40.399] .......................... 1 1 60 1 41 

Notices of PIE to Employer and Public [40.401(b) & (d)] ... 1 1 60 1 41 

Service Agent PIE Notices to Employers [40.403(a)] ......... 1 300 30 150 6,119 

Total New ...................................................................... 1,426,662 11,459,756 2,328 1,469,136 59,926,016 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for DOT’s 

performance; (b) The accuracy of the 

estimated burden that the collection 

would impose on respondents; (c) Ways 

for the DOT to enhance the quality, 

utility and clarity of the information to 

be collected; and (d) Ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The agency will summarize 

and/or include your comments in the 

request for OMB’s clearance of this 

information collection. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. Chapter 35, as 

amended; and 49 CFR 1:48. 

Issued in Washington, DC, on September 

26, 2023. 

Authority and Issuance. 

Bohdan S. Baczara, 

Deputy Director, DOT, Office of Drug and 

Alcohol Policy and Compliance. 

[FR Doc. 2023–21548 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request on Information Collection for 

Treasury Decision 9568, Methods To 

Determine Taxable Income in 

Connection With a Cost Sharing 

Arrangement—Internal Revenue Code 

(IRC) Section 482 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 


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