Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89017 

6 In March 2023, thirteen rail unions representing 

more than 160,000 workers signed a Memorandum 

of Understanding with Brightline West, establishing 

a commitment for the use of highly skilled union 

labor required to operate and maintain the System. 

7See 49 CFR part 238. 

NVDOT’s and Brightline West’s 

DSWP further explains that over 95 

percent of the total direct dollar 

expenditures for the Project would be 

spent on domestically sourced products 

and labor, including 100 percent of the 

civil infrastructure costs. In addition, 

the Project is expected to support 

approximately 35,000 domestic jobs 

across the construction period and 

includes a project labor agreement 

(PLA). The operator has reached an 

agreement with rail labor which may 

result in ongoing operations and 

maintenance work being performed by 

union labor.6 The DSWP further 

explains efforts Brightline West would 

take to facilitate, where feasible, a ramp 

up in domestic production capabilities 

for the materials that are not currently 

produced in the United States on future 

high-speed rail projects in the United 

States. 

In the absence of a waiver, NVDOT 

and Brightline West argue that the 

Project could not be delivered within 

the planned schedule and budget 

because there is no domestic supplier 

for the components listed above. To 

ensure safety of the system, Brightline 

West expects to conform with FRA’s 

Passenger Equipment Safety Standards 

governing Tier III equipment,7 which 

allows for service-proven high-speed 

rail technologies from around the world 

(in this case Europe) to be introduced to 

the United States with minimal 

modification. 

For example, the high-speed rolling 

stock aluminum car shells are critical to 

the achievement of high speeds, due to 

aluminum’s strength and light weight, 

and it has taken decades of development 

in technology by highly specialized 

experts that can shape, mold, and weld 

these car shells to the required safety 

and quality standards, including 

crashworthiness. There is currently no 

available aluminum car shell 

manufacturer in the United States, and 

it would take years to establish a 

domestic, quality-controlled 

manufacturing capability. The relatively 

small size of the Project’s order (ten 

trainsets) is also not considered by the 

applicant to be sufficient to justify the 

significant capital investments required 

to initiate development of domestic 

production capacity for those products. 

In its request for a waiver, NVDOT 

and Brightline West explain how they 

conducted due diligence and performed 

thorough market research to adequately 

consider qualifying alternate items, 

products, or materials. Brightline West 

engaged with both Alstom and Siemens 

to determine the systems that could be 

manufactured domestically. These 

efforts included considering options for 

the establishment of either temporary or 

permanent manufacturing facilities, 

alternative manufacturing processes, 

and system design. In addition, 

Brightline West conducted market 

research to identify a domestic supplier 

for high-speed turnout and fire alarm 

components. However, Brightline West 

was unable to identify a domestic 

supplier for the rolling stock, signal 

systems, turnout, and fire alarm 

components. 

VII. Proposed Waiver 

Based on its review of the waiver 

request and DSWP, FRA proposes to 

waive its Buy America requirements for 

the following components for the 

Project: 

• The infrastructure components 

listed above in Section V(c); and the 

rolling stock components listed in 

either: 

Æ Section V(a), if Siemens is selected 

as the preferred supplier; or 

Æ Section V(b), if Alstom is selected 

as the preferred supplier. 

The proposed waiver would apply 

only to components listed above for use 

in the Project, as described in the grant 

agreement between FRA and NVDOT. 

FRA is not proposing to waive any 

requirements under BABA, as the 

proposed waiver does not apply to any 

construction materials used in the 

Project. The proposed waiver would not 

apply to other FRA grantees or to other 

grants that might be made to NVDOT or 

Brightline West for other projects 

(including any future phases related to 

the Project). 

VIII. Request for Comment 

FRA will consider comments received 

during the comment period, consistent 

with BABA and 2 CFR 184.7. FRA may 

consider comments received after this 

period to the extent practicable. 

Consistent with 49 U.S.C. 22905(a)(4), if 

FRA determines it is necessary to waive 

its Buy America requirements, FRA will 

publish its decision in the Federal 

Register and provide an opportunity for 

public comment on such finding for a 

reasonable period of time not to exceed 

15 days. After such period, FRA’s 

decision will be effective. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–28424 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–36] 

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) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

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 February 

9, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2023– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number (2130–0533) 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 approval. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
89018 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

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 

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: Qualification and Certification 

of Locomotive Engineers. 

OMB Control Number: 2130–0533. 

Abstract: Section 4 of the Rail Safety 

Improvement Act of 1988, Public Law 

100–342, 102 Stat. 624 (June 22, 1988), 

later amended and re-codified by Public 

Law 103–272, 108 Stat. 874 (July 5, 

1994), required FRA to issue regulations 

to establish any necessary program for 

certifying or licensing locomotive 

engineers. The collection of information 

is used by FRA to ensure that railroads 

employ and properly train qualified 

individuals as locomotive engineers and 

designated supervisors of locomotive 

engineers (DSLEs). 

The collection of information is used 

by FRA to verify that railroads have 

established required certification 

programs for locomotive engineers and 

that these programs fully conform to the 

standards specified in the regulation. 

In this 60-day notice, FRA makes 

adjustments that increased the burden 

hours from 23,964 to 23,969 hours. This 

increase is a result of a correction of 

rounding errors from the previous 

submission and in the number of 

estimated qualified DSLEs and 

locomotive engineers as required under 

49 CFR 240.201 and 240.221. 

Type of Request: Extension without 

change (with changes in estimates) of a 

currently approved collection. 

Affected Public: Businesses 

(Railroads). 

Form(s): N/A. 

Respondent Universe: 784 Railroads. 

Frequency of Submission: On 

occasion; annually; triennially. 

REPORTING BURDEN

CFR section Respondent universe 

Total 

annual 

responses 

Average time 

per response 

Total annual 

burden hours Wage rate 

Total cost 

equivalent 

in U.S. dollars 

(A) (B) (C = A * B) (D = C * wage 

rates) 1

240.9—Waivers ........................................ 784 railroads .......... 2 waiver petitions ... 1.00 hour ................ 2.00 $85.93 $171.86 

240.101/103—Certification Program: written program for certifying qualifications 

of locomotive engineers—material 

modifications.

784 railroads .......... 25 material modifications.5.00 minutes ........... 2.08 85.93 178.73 

—Certification programs for new railroads 5 new railroads ....... 5 programs ............. 1.00 hour ................ 5.00 85.93 429.65 

—New railroads final review and submission of certification program.5 new railroads ....... 5 reviews ................ 1.00 hour ................ 5.00 85.93 429.65 

—(b)(1)—RR provision of copy of certification program submission or resubmission to president of labor unions 

representing employees simultaneously 

with filing with FRA.

62 railroads ............ 62 copies ................ 5.00 minutes ........... 5.17 85.93 444.26 

—(b)(2)—RR affirmative statement that it 

has served certification program copy 

to labor unions.

62 railroads ............ 62 copies ................ 5.00 minutes ........... 5.17 85.93 444.26 

—(c)—RR employee comment on submission, resubmission, or material 

modification of RR certification program.

62 railroads ............ 62 comments .......... 8.00 hours .............. 496.00 85.93 42,621.28 

—(h)—RR material modifications to program after initial FRA approval (formerly under (e)).784 railroads .......... 10 modified programs.10.00 minutes ......... 1.67 85.93 143.50 

240.105(c) Written reports/determinations 

of DSLE performance skills.

784 railroads .......... 10 written reports ... 30.00 minutes ......... 5.00 123.41 617.05 

240.109/App. C—Prior safety conduct 

data.

17,667 candidates .. 25 responses .......... 5.00 minutes ........... 2.08 63.07 131.19 

240.111/App C—Driver’s license data requests from chief of driver licensing 

agency of any jurisdiction, including 

foreign countries.

17,667 candidates .. 17,667 requests ..... 10.00 minutes ......... 2,944.50 85.93 253,020.89 

—NDR match—notifications and requests 

for data.

784 railroads .......... 177 notices +177 

requests.

5 + 5 minutes ......... 29.50 2 85.93 

63.07 

2,197.75 

—Written response from candidate on 

driver’s license data.

784 railroads .......... 20 cases/comments 10.00 minutes ......... 3.33 63.07 210.02 

240.111(g)—Notice to RR of absence of 

license.

53,000 candidates .. 4 letters .................. 5.00 minutes ........... 0.33 63.07 20.81 

240.111(h)—Duty to furnish data on prior 

safety conduct as motor vehicle operator.

784 railroads .......... 100 communications.5.00 minutes ........... 8.33 63.07 525.37 

240.113—Notice to RR furnishing data 

on prior safety conduct—different RR.

17,667 candidates .. 353 requests + 353 

responses.

5 + 5 minutes ......... 58.84 3 85.93 

63.07 

4,383.58 

240.115(d)—RR temporary certification or 

recertification of locomotive engineer 

for 60 days after having requested the 

motor vehicle information specified in 

paragraph (h) of this section.

784 railroads .......... 25 recertifications ... 5.00 minutes ........... 2.08 85.93 178.73 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89019 

REPORTING BURDEN—Continued 

CFR section Respondent universe 

Total 

annual 

responses 

Average time 

per response 

Total annual 

burden hours Wage rate 

Total cost 

equivalent 

in U.S. dollars 

(A) (B) (C = A * B) (D = C * wage 

rates) 1

—(i)(2)—RR drug and alcohol counselor 

request of employee’s record of prior 

counseling or treatment.

17,667 candidates .. 400 requests .......... 5.00 minutes ........... 33.33 63.07 2,102.12 

—(i)(3)—Conditional certification based 

on recommendation by drug and alcohol counselor (DAC) of employee 

aftercare and/or follow-up testing for alcohol/drugs.

17,667 candidates .. 100 conditional certifications/DAC 

recommendations.

1.00 hour ................ 100.00 63.07 6,307.00 

—(i)(4)—RR employee is evaluated by 

DAC as having an active substance 

abuse disorder.

17,667 candidates .. 100 DAC evaluations.1.00 hour ................ 100.00 63.07 6,307.00 

240.117(i)(4)—RR employee completion 

of training/retraining prior to return to 

service—records.

53,000 locomotive 

engineers.

400 trained/retrained records.5.00 minutes ........... 33.33 63.07 2,102.12 

240.119(c)—Written records indicating 

dates that the engineer stopped performing or returned to certification service + compliance/observation test.

784 railroads .......... 400 records ............ 5.00 minutes ........... 33.33 63.07 2,102.12 

240.119(d)—Self-referral re: active substance abuse disorder.53,000 locomotive 

engineers.

150 self-referrals .... 5.00 minutes ........... 12.50 63.07 788.38 

240.119(e)(3)(i)—RR determination that 

the most recent incident occurred.

The estimated paperwork burden for this requirement is included above under § 240.119(c). 

240.119(e)(3)(ii)—RR notification to person that recertification has been denied 

or revoked.

784 railroads .......... 200 notifications ..... 30.00 minutes ......... 100.00 63.07 6,307.00 

240.119(e)(4)(iii)—Locomotive engineer 

waiver of investigation in case of one 

violation of section 219.101.

53,000 locomotive 

engineers.

200 waivers ............ 2.00 minutes ........... 6.67 63.07 420.68 

240.121—Criteria—vision/hearing acuity 

data—new railroads.

5 railroads .............. 5 copies .................. 5.00 minutes ........... 0.42 85.93 36.09 

240.121—Criteria—vision/hearing acuity 

data—condition certification.

784 railroads .......... 5 reports ................. 5.00 minutes ........... 0.42 123.41 51.83 

240.121—Criteria—vision/hearing acuity 

data—not meeting standards—notice 

by employee.

784 railroads .......... 10 notifications ....... 5.00 minutes ........... 0.83 63.07 52.35 

240.129(b)—RR documents on file regarding determination made regarding 

operational fitness.

53,000 locomotive 

engineers.

1,000 records ......... 5.00 minutes ........... 83.33 85.93 7,160.55 

240.201/221—List of qualified DSLEs ..... 784 railroads .......... 784 updates ........... 5.00 minutes ........... 65.33 85.93 5,613.81 

240.201/221—List of qualified locomotive 

engineers.

784 railroads .......... 784 updated lists .... 5.00 minutes ........... 65.33 85.93 5,613.81 

240.201/223/301—Locomotive engineers 

certificate.

53,000 candidates .. 17,667 certificates .. 5.00 minutes ........... 1,472.25 85.93 126,510.44 

240.207—Medical certificate showing 

hearing/vision standards are met.

53,000 candidates .. 17,667 certificates .. 30.00 minutes ......... 8,833.50 123.41 1,090,142.24 

—Written determinations waiving use of 

corrective device.

784 railroads .......... 30 determinations ... 5.00 minutes ........... 2.50 123.41 308.53 

240.219(a)—RR notification letter to employee of certification denial + employee written rebuttal.17,667 candidates .. 90 letters and responses.30.00 minutes ......... 45.00 85.93 3,866.85 

—RR Notice/written documents/records 

to candidate that support its pending 

denial decision.

784 railroads .......... 45 documents/ 

records.

2.00 minutes ........... 1.50 85.93 128.90 

240.229(3)(ii)—Joint operations—notice— 

not qualified.

321 railroads .......... 184 employee calls 5.00 minutes ........... 15.33 63.07 966.86 

240.301(b)—Temporary replacement certificates valid for no more than 30 days.784 railroads .......... 600 replacement 

certificates.

30.00 minutes ......... 300.00 85.93 25,779.00 

240.305(c)—Engineer’s notice of nonqualification to RR.53,000 engineers or 

candidates.

100 notifications ..... 5.00 minutes ........... 8.33 63.07 525.37 

—(d)—Relaying certification denial or 

revocation status to other certifying railroad.

1,060 engineers ..... 2 letters .................. 15.00 minutes ......... 0.50 63.07 31.54 

240.307(a–b)—Notice to engineer of disqualification.784 railroads .......... 550 + 550 letters .... 1 + 1 hour ............... 1,100.00 4 85.93 

63.07 

81,950.00 

240.307(b)(4)—RR provision to employee 

of copy of written information and list of 

witnesses that it will present at hearing.

784 railroads .......... 690 copies/list ........ 5.00 minutes ........... 57.50 85.93 4,940.98 

240.307(b)(5)—RR determination on 

hearing record whether person no 

longer meets certification requirements 

of this CFR part.

784 railroads .......... 690 hearing determination.1.00 hour ................ 690.00 85.93 59,291.70 

240.307(c)(11)(i)(ii)—RR written decision 

after close of hearing containing findings of fact & whether a revocable 

event occurred.

784 railroads .......... 690 written decisions.30.00 minutes ......... 345.00 85.93 29,645.85 


khammond on DSKJM1Z7X2PROD with NOTICES
89020 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

1Throughout the tables in this document, the 

dollar equivalent cost is derived from the 2022 

Surface Transportation Board Full Year Wage A & 

B data series using the appropriate employee group 

to calculate the average hourly rate that includes 75 

percent overhead. 

2Total burden hours are divided equally for each 

requirement 14.75 + 14.75 = 84.84 hours. 

3Total burden hours are divided equally for each 

requirement 29.42 + 29.42 = 84.84 hours. 

4Total burden hours are divided equally for each 

requirement 550 + 550 = 84.84 hours. 

5Totals may not add up due to rounding. 

REPORTING BURDEN—Continued 

CFR section Respondent universe 

Total 

annual 

responses 

Average time 

per response 

Total annual 

burden hours Wage rate 

Total cost 

equivalent 

in U.S. dollars 

(A) (B) (C = A * B) (D = C * wage 

rates) 1

240.307(c)(11)(iii)—RR service of written 

decision on employee and employee’s 

representative.

784 railroads .......... 690 copies .............. 5.00 minutes ........... 57.50 85.93 4,940.98 

240.307(f)—Personal waiver of right to 

hearing under this section.

784 railroads .......... 750 written waivers 5.00 minutes ........... 62.50 63.07 3,941.88 

240.307(j)—RR update of record with relevant information.784 railroads .......... 50 updated records 10.00 minutes ......... 8.33 85.93 715.80 

240.309—RR oversight responsibilities: 

detected poor safety conduct—annotation.

15 railroads ............ 6 annotations .......... 15.00 minutes ......... 1.50 63.07 94.61 

—Railroad annual review ......................... 51 railroads ............ 51 reviews .............. 3.00 hours .............. 153.00 85.93 13,147.29 

240.205—Data to DAC Counselor ........... 784 railroads .......... 177 records ............ 5.00 minutes ........... 14.75 123.41 1,820.30 

240.209/213—Written documentation of 

tests.

53,000 candidates .. 17,667 testing 

records.

1.00 minute ............ 294.45 85.93 25,302.09 

240.211/213—Written documentation of 

performance tests.

53,000 candidates .. 17,667 testing 

records.

1.00 minute ............ 294.45 85.93 25,302.09 

240.215—Retaining information supporting determination.784 railroads .......... 17,667 records ....... 5.00 minutes ........... 1,472.25 85.93 126,510.44 

240.303—Annual operational monitoring 

observation.

53,000 candidates .. 53,000 testing 

records.

1.00 minute ............ 883.33 85.93 75,904.55 

240.303—Annual operating rules compliance test.53,000 candidates .. 53,000 testing 

records.

1.00 minute ............ 883.33 85.93 75,904.55 

240.307(b)(4)—RR hearings/hearing 

records.

784 railroads .......... 690 hearings/ 

records.

4.00 hours .............. 2,760.00 85.93 237,166.80 

Total 5 ................................................ 784 railroads .......... 224,652 responses N/A ......................... 23,969 N/A 2,365,953 

Total Estimated Annual Responses: 

224,652. 

Total Estimated Annual Burden: 

23,969. 

Total Estimated Annual Dollar Cost 

Equivalent: $2,365,953. 

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. 

Allison Ishihara Fultz, 

Chief Counsel. 

[FR Doc. 2023–28382 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2023–0002–N–38] 

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) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

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 February 

26, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2023– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number (2130–0597) 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 approval. 

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, 


khammond on DSKJM1Z7X2PROD with NOTICES