8082 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 

Generally, Federal law requires Federalaid highway and roadway projects 

(apart from a few exceptions) to be 

awarded on the basis of competitive 

bidding. 

The initiative announced in May 2021 

was authorized under Section 199B of 

the Consolidated Appropriations Act, 

2021, Public Law 116–260, Dec. 27, 

2020, 134 Stat 1182, which allowed 

DOT-assisted contracts under Titles 49 

and 23 of the U.S.C. to use geographic, 

economic, or any other hiring 

preference not otherwise authorized by 

law, with certain limitations including 

required certifications. The initiative 

was also based on FHWA’s Special 

Experimental Project No. 14 (SEP–14) 

authority for special experimental 

projects set forth at 23 U.S.C. 502(b)(2) 

to allow FHWA to continue to gather 

data and evaluate experimental 

contracting practices. 

Under the May 2021 initiative FHWA 

required State and local recipients and 

subrecipients to request prior approval 

from FHWA to use a specific contracting 

requirement under SEP–14 by 

submitting work plans to the 

appropriate FHWA Division Office. 

Transition From Pilot Program 

Based on the statutory authority for 

local or other geographical or economic 

hiring preferences in Section 25019(a) of 

the BIL, FHWA is transitioning from its 

initiative announced in May 2021. Since 

Section 25019 authorizes the use of 

certain hiring preferences, the use of 

such preferences going forward are 

subject to Section 25019 of the BIL, not 

Section 199B of the Consolidated 

Appropriations Act, 2021. Also, while 

local hiring preferences have 

traditionally been disallowed in 

accordance with 23 CFR 635.117(b) and 

636.107, given the statutory authority 

for local or other geographical or 

economic hiring preferences under the 

BIL, an experimental pilot program is no 

longer needed for labor hiring 

preferences that fall within the 

legislatively authorized parameters. 

Innovative contracting approaches or 

requirements, including those related to 

workforce development, falling outside 

of the parameters authorized by Section 

25019(a) of the BIL may still be 

considered by FHWA under its 

experimental SEP–14 authority on a 

case-by-case basis. 

Upon publication of this notice, and 

based on Section 25019(a) of the BIL, 

FHWA approval is no longer needed for 

authorized labor hiring preferences. As 

discussed in the Federal Register notice 

announcing the May 2021 initiative, 

DOT generally exercises discretion 

under 23 U.S.C. 112 to evaluate whether 

a State or local law or policy is 

compatible with the competitive 

bidding requirement under the statute. 

The DOT has historically disallowed 

certain hiring preferences out of concern 

for their potential impact on 

competition. Based on the clear 

direction in Section 25019(a)(2) of the 

BIL that the use of a local or other 

geographical or economic hiring 

preference authorized by Section 

25019(a)(1) shall not be considered to 

unduly limit competition, DOT will not 

engage in or have a role in evaluating 

the effects on competition, if any, of 

labor hiring preferences expressly 

authorized under the BIL. Although 

DOT evaluation is no longer required, 

State and local recipients and 

subrecipients remain responsible for 

ensuring that the establishment and 

implementation of a hiring preference is 

otherwise consistent with applicable 

Federal, State, and local laws as 

provided in Section 25019(a)(1). 

State and local recipients and 

subrecipients may continue to 

administer any contracts authorized 

under the May 2021 initiative for the 

duration of these contracts per the 

requirements of their approved 

workplans. The FHWA may continue to 

use SEP–14 to authorize and evaluate 

contracting methods that are outside the 

scope of Section 25019(a) of the BIL. 

Authority: Section 25019 of Pub. L. 

117–58; 23 U.S.C. 502(b); Section 199B 

of the Consolidated Appropriation Act, 

2021. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–02974 Filed 2–10–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–3] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), U.S. 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) abstracted 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 April 12, 

2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

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 in any 

correspondence submitted. FRA will 

summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

hodan.wells@dot.gov or telephone: (202) 

493–0440. 

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, FRA reasons that 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 


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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 8083 

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: State Safety Participation 

Regulations and Reporting of Remedial 

Actions. 

OMB Control Number: 2130–0509. 

Abstract: The collection of 

information is set forth under 49 CFR 

part 212, and requires qualified State 

inspectors to provide various reports to 

FRA for monitoring and enforcement 

purposes concerning State investigative, 

inspection, and surveillance activities 

regarding railroad compliance with 

Federal railroad safety laws and 

regulations. Additionally, under 49 CFR 

part 209, subpart E, railroads are 

required to report to FRA actions taken 

to remedy certain alleged violations of 

law. 

Type of Request: Extension without 

change (with changes in estimates) of a 

currently approved collection. 

Affected Public: Businesses. 

Form(s): FRA F 6180.33/61/67/96/ 

96A/109/110/111/112/144. 

Respondent Universe: States and 

railroads. 

Frequency of Submission: On 

occasion. 

Reporting Burden: 

Section 1 Respondent universe Total annual 

responses 

Average time per 

response 

Total annual 

burden 

hours 

Total cost 

equivalent 

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

wage 2

49 U.S.C. 20105—Railroad Safety State Participation Agreement—Annual updates or amendments including workplans, 

training plans and schedules to existing agreements.

32 States .................. 32 updates ................ 1 hour ....................... 32 $2,615 

—Inspector travel planning and reimbursement .................... 32 States .................. 600 vouchers ............ 1.5 hours .................. 900 73,539 

212.107—Certification—State to file annual certification in the 

event that FRA and the State agency do not agree on terms 

for the participation under § 212.105.

FRA anticipates zero submissions. 

212.109—Joint planning of inspections—Annual work plan for 

the conduct of investigative and surveillance activities by the 

State agency.

The burden associated with this requirement is covered above under 49 U.S.C. 20105. 

212.113—Program termination—30-day notice provided by 

State agency of its intent to terminate its participation.

FRA anticipates zero submissions. 

—Inspection Report (Form FRA F 6180.96)—All disciplines 

submitted by State inspectors.

32 States .................. 19,400 forms ............ 15 minutes ............... 4,850 396,294 

—Violation Report—Motive, Power, and Equipment Regulations (Form FRA F 6180.109).19 States .................. 360 reports ............... 4 hours ..................... 1,440 117,662 

—Violation Report—Operating Practices Regulations (Form 

FRA F 6180.67).

19 States .................. 180 reports ............... 4 hours ..................... 720 58,831 

—Violation Report—Hazardous Materials Regulations 

(Form FRA F 6180.110).

17 States .................. 420 reports ............... 4 hours ..................... 1,680 137,273 

—Violation Report—Hours of Service Law (F 6180.33) ........ 19 States .................. 2 reports ................... 4 hours ..................... 8 654 

—Violation Report—Accident/Incident Reporting Rules 

(Form FRA F 6180.61).

19 States .................. 2 reports ................... 4 hours ..................... 8 654 

—Violation Report—Track Safety Regulations (Form FRA F 

6180.111).

26 States .................. 110 reports ............... 4 hours ..................... 440 35,952 

—Violation Report—Signal and Train Control Regulations 

(Form FRA F 6180.112).

14 States .................. 80 reports ................. 4 hours ..................... 320 26,147 

209.405(a)—Reporting of remedial actions—Completion of Form 

FRA F 6180.96 including selection of railroad remedial action 

code.

754 railroads ............ 2,400 reports ............ 30 minutes ............... 1,200 hours 92,928 

—(b) Violation report challenge by the railroads—Remedial 

action reports.

754 railroads ............ 240 challenges ......... 45 minutes ............... 180 13,939 

209.407—Delayed reports ............................................................ 754 railroads ............ 240 reports ............... 45 minutes ............... 180 13,939 

Total ................................................................................ 32 States and 754 

railroads.

24,066 responses ..... N/A ........................... 11,958 970,427 

1The current inventory exhibits a total burden of 9,346 hours while the total burden of this notice is 11,958 hours. 

2For State respondents, the dollar equivalent cost is derived from the Bureau of Labor Statistics data for management occupations, NAICS 99920—State Government, excluding schools and hospitals, for State government employees. To calculate the mean hourly wage of $46.69 for this category of workers, FRA included a 

75-percent charge for overhead costs. The calculation is $46.69 per hour * 1.75 = $81.71. The Web address for this data is: https://www.bls.gov/oes/current/naics4_

999200.htm#11-0000. Additionally, for railroad respondents, the dollar equivalent cost is derived from the Surface Transportation Board’s 2020 Full Year Wage A&B 

data series for railroad workers. The wage rate of $77.44 per hour includes a 75-percent overhead charge. 

Total Estimated Annual Responses: 

24,066. 

Total Estimated Annual Burden: 

11,958 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $970,427. 

Under 44 U.S.C. 3507(a) and 5 CFR 

1320.5(b) and 1320.8(b)(3)(vi), FRA 

informs all interested parties that a 

respondent is not required to respond 

to, conduct, or sponsor a collection of 

information that does not display a 

currently valid OMB control number. 

Authority: 44 U.S.C. 3501–3520. 

Brett A. Jortland, 

Deputy Chief Counsel. 

[FR Doc. 2022–02937 Filed 2–10–22; 8:45 am] 

BILLING CODE 4910–06–P 


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