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exemption under 49 U.S.C. 31136(e) and suitable for copying and electronic ADDRESSES: Any questions, responses or 31315 can be satisfied by initially filing. If you submit comments by mail proposals in response to this notice granting the renewal and then and would like to know that they shall be submitted under the docket requesting and evaluating, if needed, reached the facility, please enclose a number FRA–2016–0014 by any of the subsequent comments submitted by stamped, self-addressed postcard or following methods: interested parties. As indicated above, envelope. • Federal eRulemaking Portal: http:// the Agency previously published We will consider all comments and www.regulations.gov. Follow the notices of final disposition announcing material received during the comment instructions for submitting comments. its decision to exempt these 99 period. FMCSA may issue a final • Mail: U.S. Department of individuals from rule prohibiting determination at any time after the close Transportation, Docket Operations, M– persons with ITDM from operating of the comment period. 30, West Building Ground Floor, Room CMVs in interstate commerce in 49 CFR W12–140, 1200 New Jersey Avenue SE., Viewing Comments and Documents 391.41(b)(3). The final decision to grant Washington, DC 20590. an exemption to each of these To view comments, as well as any Instructions: All submissions must individuals was made on the merits of documents mentioned in this preamble, include the agency name and docket each case and made only after careful go to http://www.regulations.gov and in number (FRA–2016–0014) for this consideration of the comments received the search box insert the docket number Request for Proposals (RFP) process. to its notices of applications. The FMCSA–2011–0368; FMCSA–2011– Note that all comments received will be notices of applications stated in detail 0381; FMCSA–2013–0192; FMCSA– posted, without change, to http:// the medical condition of each applicant 2013–0193 and click ‘‘Search.’’ Next, www.regulations.gov, including any for an exemption from rule prohibiting click ‘‘Open Docket Folder’’ and you personal information. Please see the persons with ITDM from operating will find all documents and comments Privacy Act heading in the CMVs in interstate commerce. That related to this notice. SUPPLEMENTARY INFORMATION section of information is available by consulting Issued on: March 10, 2016. this document for Privacy Act information related to any submitted the above cited Federal Register Larry W. Minor, publications. comments or materials. Internet users Interested parties or organizations Associate Administrator for Policy. may access comments received by DOT possessing information that would [FR Doc. 2016–05906 Filed 3–15–16; 8:45 am] at http://www.regulations.gov. otherwise show that any, or all, of these BILLING CODE 4910–EX–P If you wish to submit any information drivers are not currently achieving the under a claim of confidentiality, submit statutory level of safety should a version from which you have deleted DEPARTMENT OF TRANSPORTATION immediately notify FMCSA. The the claimed confidential business Agency will evaluate any adverse Federal Railroad Administration information to the docket as specified evidence submitted and, if safety is above and send two copies of your being compromised or if continuation of Notice of Request for Proposals for complete submission, including the the exemption would not be consistent Implementing a High-Speed Rail information you claim to be confidential with the goals and objectives of 49 Corridor business information, following the U.S.C. 31136(e) and 31315, FMCSA will steps outlined in ‘‘Requests for take immediate steps to revoke the AGENCY: Federal Railroad Confidential Treatment’’ in the exemption of a driver. Administration (FRA), Department of SUPPLEMENTARY INFORMATION section of Transportation (DOT). Submitting Comments this document to Mr. Trevor Gibson as ACTION: Notice of request for proposals. specified below. You may submit your comments and FOR FURTHER INFORMATION CONTACT: SUMMARY: Section 11308 of the Fixing For material online or by fax, mail, or hand information from FRA, please contact delivery, but please use only one of America’s Surface Transportation (FAST) Act, Public Law 114–94 Mr. Trevor Gibson, Office of Railroad these means. FMCSA recommends that Policy and Development, Federal you include your name and a mailing (December 4, 2015), requires the Secretary of Transportation (Secretary) Railroad Administration, 1200 New address, an email address, or a phone Jersey Avenue SE., MS–20/W36–411, number in the body of your document to ‘‘issue a request for proposals for projects for the financing, design, Washington, DC 20590. Phone (202) so that FMCSA can contact you if there 493–6371. are questions regarding your construction, operation, and submission. maintenance of a high-speed passenger Table of Contents rail system operating within a high- To submit your comment online, go to 1. Background on High-Speed Rail (HSR) http://www.regulations.gov and in the speed rail corridor.’’ To satisfy this 2. Background on This RFP search box insert the docket numbers requirement, the FRA is soliciting and 3. Previous Request for Expressions of FMCSA–2011–0368; FMCSA–2011– encouraging the submission of Interest 0381; FMCSA–2013–0192; FMCSA– proposals to finance, design, construct, 4. Who May Respond 2013–0193 and click the search button. operate, and maintain a high-speed rail 5. Performance Standards for HSR Systems When the new screen appears, click on (HSR) system. FRA will review the 6. Corridor Definitions proposals within 90 days of their receipt 7. Required Contents of Proposals the blue ‘‘Comment Now!’’ button on 8. Optional Contents Requested for Inclusion the right hand side of the page. On the and the Secretary may establish in Proposals new page, enter information required commissions to further review 9. Format for Submissions including the specific section of this proposals that the Secretary determines 10. Evaluation and Selection Process for document to which each comment warrant further consideration. Proposals applies, and provide a reason for each DATES: All proposals submitted in 11. Freedom of Information Act Applicability suggestion or recommendation. If you response to this notice shall be 12. Requests for Confidential Treatment submit your comments by mail or hand submitted by 5 p.m. ET on August 31, 1. Background on High-Speed Rail delivery, submit them in an unbound 2016, in accordance with the (HSR): HSR is self-guided intercity format, no larger than 81⁄2 by 11 inches, instructions in ADDRESSES below. passenger ground transportation that is

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time competitive with air and/or auto may follow with more specific actions published timetable in effect on January on a door-to-door basis for trips in the regarding particular proposals in one or 11, 2016) between endpoints and all approximate range of 100 to 500 miles. more corridors. other main corridor city-pairs must be A corridor is a natural grouping of However, no Federal funding is reduced by a minimum of 25 percent, metropolitan areas and markets that, by associated with this provision and, in and reliable service provided. If no their proximity and configuration, lend the FAST Act, Congress prohibited any service presently exists in the proposed themselves to efficient service by HSR. Federal agency from taking subsequent corridor, the respondent will need to America’s population is estimated to actions to further ‘‘implement, establish, demonstrate that the proposed service increase by 70 million people, or more facilitate, or otherwise act upon any will be reliable and time competitive than 20 percent, by 2045 (U.S. proposals’’ submitted under this RFP— with other modes of transportation in Department of Transportation, Beyond other than the actions described in this the corridor. Traffic 2045: Trends and Choices, 2015). notice—without ‘‘explicit statutory 6. Corridor Definitions: Section 11308 The majority of this growth will be authority’’ to be subsequently provided identifies eleven potential high speed concentrated in the Nation’s growing by Congress. Respondents to this RFP rail corridors but does not limit megaregions—densely populated, acknowledge, by virtue of their proposals to these corridors. The metropolitan areas with interlocking response, that the likelihood of future corridors listed in Section 11308 are economies and shared transportation, funding and implementation of the defined as follows: environmental, and cultural resources. proposed projects covered by this notice (A) ‘‘’’ between To maintain economic competitiveness is unknown, and that the Federal Washington, DC, Baltimore, MD, and quality-of-life, the U.S. must have Government is not liable for any costs Wilmington, DE, Philadelphia, PA, an interconnected and balanced incurred preparing responses to this Trenton, NJ, New York, NY, New transportation network that maximizes notice. Haven, CT, Providence, RI, and Boston, the benefits of every mode. Rail 3. Previous Request for Expressions of MA. Separate service standards apply transportation will play a critical role in Interest: Section 502 of the Passenger north and south of New York City, see accommodating this growth and provide Rail Investment and Improvement Act Performance Standards for HSR an alternative to the Nation’s of 2008, Public Law 110–432 (October Systems, above; increasingly congested airports and 16, 2008), required a similar proposal (B) ‘‘California Corridor’’ connecting highways. This request for proposals to process to the FAST Act provisions and between the San Francisco Bay finance, design, construct, operate, and outlined in this notice. FRA published Area, Sacramento, Los Angeles, and San maintain high-speed rail corridors will a request for expressions of interest in Diego, CA; set the stage for job creation, sustainable the Federal Register on December 16, (C) ‘‘Pacific Northwest Corridor’’ economic competitiveness, a more 2008 (Vol. 73, No. 242, 76443–76448) between Eugene and Portland, OR, resilient infrastructure, and a lasting requiring proposals to be submitted to Seattle, WA, and Vancouver, BC, prosperity. FRA by September 14, 2009. The Canada; 2. Background on this RFP Section Secretary did not establish commissions (D) ‘‘South Central Corridor’’ along 11308 of the FAST Act, Public Law to further consider any of the proposals three branches between Dallas/Fort 114–94 (December 4, 2015), requires the submitted in 2009. Worth, TX and: Secretary of Transportation to ‘‘issue a 4. Who May Respond: Responses to (1) Austin and , TX; request for proposals for projects for the this RFP are welcome from all sources. (2) Oklahoma City and Tulsa, OK; and financing, design, construction, Section 11308 calls for comprehensive (3) Texarkana and Little Rock, AR; operation, and maintenance of a high- proposals that will address all the tasks (E) ‘‘Gulf Coast Corridor’’ along three speed passenger rail system operating necessary to implement HSR. Potential branches between New Orleans, LA and: within a high-speed rail corridor.’’ proposers are advised to verify, before (1) Birmingham, AL and Atlanta, GA; Potential corridors include, but are not committing resources to responding to (2) , TX; and limited to, the following: this RFP, that they would be able to (3) Mobile, AL; (A) Northeast Corridor; assemble a multi-disciplinary team that (F) ‘‘’’ along six (B) California Corridor; can plan, organize, finance, design, and routes between: (C) Pacific Northwest Corridor; construct a complete HSR system, as (1) Chicago, IL, Milwaukee, WI and (D) South Central Corridor; well as gain the support of the key Minneapolis-St. Paul, MN; (E) Gulf Coast Corridor; public and private stakeholders, and (2) Chicago, IL and Detroit, MI; (F) Chicago Hub Network; successfully operate and maintain it on (3) Chicago, IL, Toledo and Cleveland, (G) Florida Corridor; a long-term basis. OH; (H) Southeast Corridor; 5. Performance Standards for HSR (4) Chicago, IL, Indianapolis, IN, and (I) ; Systems: Section 11308 requires that the both Cincinnati, OH and Louisville, KY; (J) ; and HSR proposals submitted in response to (5) Chicago, IL, St. Louis, MO and (K) Northern New England Corridor. this RFP meet the following travel time Kansas City, MO; and The FAST Act prescribes that performance standards: (6) The transversal extension between responses to this RFP will be considered (A) For the Northeast Corridor Cleveland, Columbus, and Cincinnati, by the Secretary and possibly by between New York and Washington: OH; commissions representing affected and Proposed express service must link (G) ‘‘Florida Corridor’’ between involved governors, mayors, freight Pennsylvania Station, New York, with Miami, Orlando, and the Tampa Bay railroads, transit authorities, labor Union Station, Washington, with a region, FL; organizations, and . Based on the reliable travel time of two hours; and (H) ‘‘Southeast Corridor’’ along three results of these reviews, proposals may (B) For all other corridors with branches between: be summarized in one or more reports existing intercity passenger rail service, (1) Washington, DC, Richmond, VA, to Congress, which will make including the Northeast Corridor Raleigh, Greensboro and Charlotte, NC, recommendations for further action. between New York and Boston: Existing Greenville, SC and Atlanta, GA; FRA envisions this as the first phase of minimum intercity rail scheduled (2) Raleigh, NC, Columbia, SC, a qualification process that Congress service trip times (as shown in Amtrak’s Savannah, GA, Jacksonville, FL; and

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(3) Atlanta, Macon, and Jesup, GA, (1) Populations of markets served by (18) A detailed analysis of the thence either or both Savannah, GA and each of the proposed stations; methods and technologies for achieving Jacksonville FL; (2) Existing intercity traffic the required reductions in trip times (I) ‘‘Keystone Corridor’’ between (passengers, vehicle capacity, and the intended reliability standards; Philadelphia, Harrisburg, and frequency) by mode; and Pittsburgh, PA, over the route of the (3) Proposed station locations and, for (19) Synopses and references for any former Pennsylvania Railroad; each, whether it is existing or new, and past high-speed rail studies deemed (J) ‘‘Empire Corridor’’ between New how it maximizes the use of existing relevant. York City, Albany and Buffalo, NY, over infrastructure; (D) Present a detailed financial plan the route of the former New York (4) How the project will facilitate for the proposed project, including: Central Railroad; and convenient intermodal travel (1) Projected annual operating (K) ‘‘Northern New England Corridor’’ connections with other transportation revenues by year and sources; along three branches between Boston, services and systems; (2) Estimates of annual operating costs MA and: (5) Trip time and fare comparisons by type of expenditure; (1) Portland/Lewiston-Auburn, ME; among proposed services, existing rail (3) Annual schedule of capital costs (2) Concord, NH, Montpelier, VT, services, if any, and competing modes required both initially and in Montreal, QE, Canada; and for major city pairs; subsequent years to maintain a state-of- (3) Springfield, MA and to both New (6) An operating plan with train good-repair and to recapitalize as Haven, CT and Albany, NY; and service frequency, timetable, and necessary to sustain the initially 7. Required Contents of Proposals: information on intermodal connections; proposed level of service or higher Proposals in response to this RFP must (7) Annual ridership and revenue levels of service; include the following: projections for 10 years with (4) Sources and descriptions of capital (A) The name(s) and qualifications of documentation of assumptions and funds, including terms, conditions and the person(s) submitting the proposal, methods; expectation for return on equity; and the names and qualifications of the (8) Operating costs with (5) Credit assumptions including lead entity and each member/entity of documentation of assumptions and sources, guarantees, terms, maturity and the team proposed to finance, design, methods; special conditions; construct, operate, and maintain the (9) The impact of the project on (6) A description of the insurance railroad, railroad equipment, and highway and aviation congestion, program contemplated for construction related facilities, stations, and energy consumption, pollutant and operation; infrastructure. Describe how such emissions, land use and economic (7) A description of construction cost entities would be related to the lead development; risk sharing and rationale for the entity; (10) A description of how the design, proposed approach; (B) An executive summary, not to construction, implementation, and (8) A description of revenue and exceed 3 pages, of the proposed project operation of the proposed project will operating cost risk sharing and rationale concept, including: accommodate and allow for future for the proposed approach; (1) Markets served, including a growth of existing and projected (9) Projected levels of private concept map; intercity, commuter, and freight rail investment and sources thereof, (2) Station locations; service; including the identity of any person or (3) Trip times for major markets (11) The impact of the proposed entity that has made or is expected to indicating that program performance project on other intercity, commuter, make a commitment to provide or standards will be met; and freight rail services; secure funding and the amount of such (4) Peak and average operating speeds (12) Proposed routes and alignments commitment; of the train service; noting the extent of new ROW and use (10) Projected funding for the full fair (5) Proposed routes and alignments, of existing ROW; market compensation for any asset, noting the extent of new rights-of-way (13) Required infrastructure property right or interest, or service (ROW) and use of existing ROW, as well investments and improvements, acquired from, owned, or held by a as a general discussion of how the including the feasibility of building new private person or Federal entity that intended reliability requirements will be track and method for securing required would be acquired, impaired, or achieved; ROW; diminished in value as a result of a (6) Type of train equipment to be (14) How adverse impacts of the project, except as otherwise agreed to by used, the maximum speed of that proposed project would be mitigated; the private person or entity; and equipment, and any technologies used (15) The type and quantity of train (11) A projected financial statement to meet trip time goals; equipment to be used, with technical for the proposed organization showing (7) Proposed organizational structure; specifications, such as consist, annual revenues, costs, investments, (8) Salient features of the intended maximum speed, passenger capacity, and debt service from project inception operation as they may affect operating energy consumption profile, through construction, testing, and the practices and unit costs; acceleration and deceleration rates; first 20 years of operation; (9) Total capital cost and expected (16) Project capital costs for major (E) Describe the institutional contributions by Federal, state, and categories of expenditures (track framework and address other other public and private sources; structures, tunnels, bridges, vehicles, institutional issues, including: (C) The benefits to the public and the stations, maintenance equipment and (1) A project structure organization national transportation system, facilities, communication and control chart showing the proposer team and all including an explanation of why the systems, and power systems), with the relationships among the public and project is cost-effective and what documentation of assumptions and private entities involved in the advantages it offers over existing methods; proposed project, a description of the services. Provide a detailed technical (17) How the proposed project would relationships among the entities description of the proposed project, contribute to the development of a responsible for the financing, design, including: national HSR system; construction, operation and

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maintenance of the proposed project documentation or actions under the (H) Should the commissions required (including their equity stakes), and the National Environmental Policy Act (42 by Section 11308 of the FAST Act be roles of other participants in the U.S.C. 4321 et seq.), the National organized and their work structured in operational aspects of the proposed Historic Preservation Act (16 U.S.C. 470 the same way for all corridors, and what project; et seq.), Section 4(f) of the DOT Act (23 structures and models should be (2) Any new entities required to be U.S.C. 138 and 49 U.S.C. 303), or other considered to guide the commissions? created and how they will be structured applicable Federal or state 9. Format for Submissions: Each legally and financially; environmental impact assessment laws; proposal shall be submitted according to (3) Integration of the proposed service and the instructions in ADDESSES above. Text with Amtrak, other HSR rail services, (5) The Americans with Disabilities and graphic documents shall be other intercity passenger systems, and Act, as amended. submitted as either Microsoft Word or local access/egress systems; 8. Optional Contents Requested for Adobe PDF documents, in Times New (4) The feasibility of gaining access to Inclusion in Proposals: In addition to Roman, 12 point font, with 1-inch required ROW, the approach to track the required contents, respondents are margins. Spreadsheets containing capacity including building new track, requested to provide, at their option, financial information shall be submitted and any public and private agreements their perspectives on what type of as Microsoft Excel (or compatible) or for facility access and the expected costs contracting and financing strategies are Adobe PDF documents. of each; most likely to facilitate successful HSR Each proposal should not exceed a (5) Required governmental actions projects. FRA is particularly interested maximum total of 50 pages, excluding and approvals and the role of the state in perspectives that draw on prior appendices. Proposals should be government(s) in implementing the experience with HSR projects. In organized by the following sections: proposal; and responding to this RFP, please consider cover page, proposer name(s) and (6) The relationship to state rail plans addressing the following: contact information, executive and programs or, if not already part of (A) What type of contracting structure summary, detailed technical such plans or programs, a statement is likely to provide the most effective description, detailed financial plan, describing plans for integration into allocation of the risk and responsibility institutional information, legislative them; for each element of the project (design, actions, legal compliance issues, and (F) Identify legislative actions needed, construction, financing, operation and appendices containing any if any, to facilitate all aspects of the maintenance) between the private and spreadsheets, drawings, and tables. proposed project, including: public sectors? Optional content should be provided as (1) Required Federal, state, and/or (B) Should all of the project elements an additional section not included in local legislation to authorize and create to be performed by the private sector be the page count. The executive summary a sponsoring entity for the proposed procured in a single procurement or should not exceed three (3) pages in project, or to remove legal impediments separately (for example, separate length. to project implementation, or otherwise 10. Evaluation and Selection Process procurements for civil works, the facilitate the proposed project; for Proposals: FRA will evaluate each provision of systems and equipment, (2) Required public funding proposal in a phased process. Proposals and long-term operations and commitments, Federal, state, and/or will first be screened for completeness maintenance of the system)? local; and in responding to this RFP. Following (C) Should the project’s financing rely (3) Required to allow the project to this initial screening for completeness, on commercial ticket fares and other benefit from government-sponsored proposals will undergo a review and revenue generated directly by the credit assistance programs, such as the selection process as outlined below. Railroad Rehabilitation and facility to pay for all or any portion of Selection Criteria: The proposals will Improvement Financing program (45 the project’s cost, and should the private be assessed on the extent to which each U.S.C. 821 et seq.) and the partner assume the risk that these satisfies the following selection factors: Transportation Infrastructure Finance revenues will be sufficient to repay all (1) The project detailed in the and Innovation Act program (23 U.S.C. or any portion of the project’s financing? proposal demonstrates the ability to 601 et seq.); and (D) What role should public sector achieve the specified reduction in (G) Describe how the proposed project commitments play in financing the minimum intercity rail service trip will be implemented to comply with project or particular components of the times and the intended reliability Federal, state and local laws, including project, and what type of public standards; but not limited to: commitment would be most effective? (2) The project detailed in the (1) Laws governing the rights and (E) What measures or commitments proposal is sufficiently credible to status of employees associated with the would be needed, including possible warrant further consideration, including route and service, including those legislation, to provide and facilitate containing pledges of the requisite specified in Section 24405 of title 49 multi-year Federal commitments of any public or private funding or financing United States Code; Federal financing needed for the contemplated in the proposal. (2) Buy America, as specified in project? Respondents whose financial plans do Section 24405 of title 49 United States (F) What role should private equity not provide adequate assurances as to Code; play in financing the project or the availability of their intended (3) Rail safety and security laws, particular components of the project funding and financing sources will not orders, and regulations governing HSR and how would terms and conditions advance to the commission stage of the operations, including, but not limited affect public sector participation? RFP process; to, the railroad safety provisions in Part (G) Are there any key considerations (3) The project detailed in the 49 of the Code of Federal Regulations that will encourage or dissuade private proposal is likely to result in a positive and the requirements of the FAST Act; sector involvement in the financing, impact on the Nation’s transportation (4) Environmental laws and design, construction, and long-term system; regulations and the status or any operations and maintenance of HSR (4) The project detailed in the progress towards completion of required corridors? proposal is cost-effective; and

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(5) The project detailed in the HSR corridor. The Secretary will then a fairly restrictive standard and should proposal is in the public interest. submit one or more reports to Congress serve to limit the volume of exempt Step 1—FRA Review Process: Upon on the selected proposals. material that might be submitted. close of the RFP solicitation, FRA will Until Congress issues follow-up FRA also recognizes that the nature of evaluate each proposal and determine if actions for selected proposals, no the process established through Section it is complete and if there is evidence Federal agency may take any action to 11308 of the FAST Act, with the provided in the proposal that supports implement, establish, facilitate, or potential involvement of a multi- the conclusions, based on the Selection otherwise act upon any proposal member commission that could be Criteria. submitted under Section 11308, other charged with reviewing proposals Step 2—Sufficient Resource than those actions specifically submitted pursuant to this notice, could Certification Process: The FAST Act authorized by that Section. present significant challenges managing requires the Secretary to certify to 11. Freedom of Information Act any confidential information is Congress that DOT has sufficient Applicability: Documents submitted to submitted. Thus, respondents are resources to undertake the program the agency pursuant to this notice encouraged to carefully review the before any action is taken. The Secretary become agency records subject to the applicable standards governing what has sent a letter to the Committee on public access provisions of the Freedom constitutes trade secrets or confidential Commerce, Science, and Transportation of Information Act (FOIA) (5 U.S.C. commercial or financial information and of the Senate, and the Committee on 552). FOIA generally provides that any to limit the submission of such Transportation and Infrastructure of the person has a right, enforceable in court, information to that specifically needed House of Representatives providing a to obtain access to Federal agency to respond to this notice. conditional certification stating that records, except to the extent that such A request for confidential treatment DOT has the resources to issue the RFP records (or portions of them) are with respect to a document or portion and review proposals. Once all the protected from public disclosure by one thereof may be made in accordance with proposals have gone through the FRA of nine exemptions or by one of three instructions in ADDRESSES above on Review Process, the Secretary can special law enforcement record the basis that the information is— (1) determine the financial and personnel exclusions. The Department of Exempt from the mandatory disclosure resources needed for the remainder of Transportation’s regulations requirements of FOIA (5 U.S.C. 552); (2) the program. This in turn will allow the implementing the FOIA are found at 49 Required to be held in confidence by 18 Secretary to issue a final certification on CFR part 7. See the discussion later in U.S.C. 1905; or (3) Otherwise exempt by the sufficiency of resources at the this notice about the treatment of trade law from public disclosure. Any Department, or specify the resources secrets and commercial or financial document containing information for that are necessary to complete the information obtained from a person that which confidential treatment is program. While the FAST Act is privileged or confidential. requested shall be accompanied at the authorizes funds to support the 12. Requests for Confidential time of filing by a detailed statement subsequent commission review process, Treatment: FRA recognizes that justifying non-disclosure and referring no funds have been appropriated for proposals submitted to the agency to the specific legal authority claimed this provision as of the date of this RFP. pursuant to this notice may contain for confidentiality. Any document Step 3—Commission Review Process: certain information that is or should be containing any information for which If the Secretary determines that one or exempt from public release, principally confidential treatment is requested shall more proposals warrant further because the information constitutes be marked ‘‘CONFIDENTIAL’’ or consideration and the Secretary issues a trade secrets or commercial or financial ‘‘CONTAINS CONFIDENTIAL final certification on the sufficiency of information obtained from a person that INFORMATION’’ in bold letters. If resources to Congress, then the is privileged or confidential as provided confidentiality is requested for the Secretary will establish a commission for in FOIA exemption 4 (5 U.S.C. entire document, or if it is claimed that for each relevant corridor no later than 552(b)(4)). The term ‘‘trade secret’’ has non-confidential information in the 90 days after the receipt of the been fairly narrowly defined as a document is not reasonably segregable proposals. Commission members will ‘‘secret, commercially valuable plan, from confidential information, the include affected governors, mayors, formula, process, or device that is used accompanying statement of justification freight railroads, transit authorities, and for the making, preparing, shall so indicate and include support labor organizations, as well as Amtrak. compounding, or processing of trade with specific legal authority. If The commission(s) will review the commodities and that can be said to be confidentiality is requested for a portion proposals forwarded by the Secretary the end product of either innovation or of the document, then the person filing and prepare a report to the Secretary substantial effort.’’ Public Citizen Health the document shall file, together with making recommendations for further Research Group v. FDA, 704 F.2d 1280, the document, a second copy of the consideration. 1288 (D.C. Cir. 1983). FRA expects that document with the information for Step 4—Secretary Selection Process: there should be very limited, if any, which confidential treatment is Within 60 days of receipt of each need to submit trade secret information requested redacted. If the person filing commission’s evaluation and in connection with this notice. a document, of which only a portion is recommendations, the Secretary will Commercial or financial information requested to be held in confidence, does consider the commission report(s) and obtained from a person that is privileged not submit a second copy of the select proposals that: (1) demonstrate a or confidential and thus exempt from document with the confidential high likelihood of providing substantial release under FOIA exemption 4 information deleted, FRA may assume benefits to the public and the national typically involves information for which that there is no objection to public transportation system; (2) are cost- the release is likely to cause substantial disclosure of the document in its effective, considering public harm to the competitive position of the entirety. FRA retains the right to make commitments necessary for person from whom the information was its own determination with regard to implementation and operation; and (3) obtained. National Parks & any claim of confidentiality. Notice of a promise significant advantages over Conservation Association v. Morton, 498 decision by the FRA to deny a claim of existing services operating in the same F.2d 765, 770 (D.C. Cir. 1974). This is confidentiality, in whole or in part, and

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an opportunity to respond shall be given SUPPLEMENTARY INFORMATION: The crossings. Such systems are commonly to a person claiming confidentiality of Paperwork Reduction Act of 1995 known as Emergency Notification information no less than five days prior (PRA), Public Law 104–13, sec. 2, 109 Systems (ENS) or ENS programs. 49 CFR to its public disclosure. FRA intends to Stat. 163 (1995) (codified as revised at part 234 implements Section 2015 of the address protection of confidential 44 U.S.C. 3501–3520), and its RSIA. The information collected is used information by any commission(s) implementing regulations, 5 CFR part by FRA to ensure that railroad carriers formed to review submitted proposals 1320, require Federal agencies to issue establish and maintain a toll-free through the commission formation two notices seeking public comment on telephone service to report emergencies process. Respondents are welcome to information collection activities before at all public, private, and pedestrian offer suggestions for managing OMB may approve paperwork packages. grade crossings for rights-of-way over confidential data along with their 44 U.S.C. 3506, 3507; 5 CFR 1320.5, which they dispatch trains. proposals. 1320.8(d)(1), and 1320.12. On December Type of Request: Extension with change of a currently approved Issued in Washington, DC, on March 9, 29, 2015, FRA published a 60-day notice 2016. in the Federal Register soliciting information collection. comment on ICRs that the agency is Affected Public: Businesses Sarah E. Feinberg, seeking OMB approval. See 80 FR (Railroads). Administrator. 81423. FRA received no comments in Form(s): N/A. [FR Doc. 2016–05866 Filed 3–15–16; 8:45 am] response to this notice. Total Annual Estimated Responses: BILLING CODE 4910–06–P Before OMB decides whether to 298,245. approve these proposed collections of Total Annual Estimated Burden: information, it must provide 30 days for 15,310 hours. DEPARTMENT OF TRANSPORTATION public comment. 44 U.S.C. 3507(b); 5 Title: Control of Alcohol and Drug CFR 1320.12(d). Federal law requires Use in Railroad Operations: Addition of Federal Railroad Administration OMB to approve or disapprove Post-Accident Toxicological Testing for [Docket No. FRA–2016–0002–N–8] paperwork packages between 30 and 60 Non-Controlled Substances. days after the 30 day notice is OMB Control Number: 2130–0598. Proposed Agency Information published. 44 U.S.C. 3507(b)–(c); 5 CFR Abstract: Since 1985, as part of its Collection Activities; Comment 1320.12(d); see also 60 FR 44978, 44983, accident investigation program, FRA has Request Aug. 29, 1995. OMB believes that the 30 conducted post-accident alcohol and drug tests on railroad employees who AGENCY: Federal Railroad day notice informs the regulated community to file relevant comments have been involved in serious train Administration (FRA), Department of accidents (50 FR 31508, Aug. 2, 1985). Transportation (DOT). and affords the agency adequate time to digest public comments before it If an accident meets FRA’s criteria for ACTION: Notice and request for renders a decision. 60 FR 44983, Aug. post-accident testing (see 49 CFR comments. 29, 1995. Therefore, respondents should 219.201), FRA conducts tests for alcohol and for certain drugs classified as SUMMARY: In compliance with the submit their respective comments to OMB within 30 days of publication to controlled substances under the Paperwork Reduction Act of 1995, this Controlled Substances Act (CSA), Title notice announces that the renewal best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, II of the Comprehensive Drug Abuse Information Collection Requests (ICRs) Prevention Substances Act of 1970 abstracted below are being forwarded to Aug. 29, 1995. The summaries below describe the (CSA, 21 U.S.C. 801 et seq.). Controlled the Office of Management and Budget substances are drugs or chemicals that (OMB) for review and comment. The nature of the information collection requests (ICRs) and their expected are prohibited or strictly regulated ICRs describe the nature of the because of their potential for abuse or information collections and their burdens. The renewal requests are being submitted for clearance by OMB as addiction. The Drug Enforcement expected burden. The Federal Register Agency (DEA), which is primarily notice with a 60-day comment period required by the PRA. Title: System for Telephonic responsible for enforcing the CSA, soliciting comments on the following Notification of Unsafe Conditions at oversees the classification of controlled collections of information was Highway-Rail and Pathway Grade substances into five schedules. published on December 29, 2015. Crossings. Schedule I contains illicit drugs, such as DATES: Comments must be submitted on OMB Control Number: 2130–0591. marijuana and heroin, which have no or before April 15, 2016. Abstract: The collection of legitimate medical use under Federal FOR FURTHER INFORMATION CONTACT: Mr. information is set forth under 49 CFR law. Currently, FRA routinely conducts Robert Brogan, Information Collection part 234. The rule is intended post-accident tests for the following Clearance Officer, Office of Safety, specifically to help implement Section drugs: Marijuana, cocaine, Safety Regulatory Analysis Division, 205 of the Rail Safety Improvement Act phencyclidine (PCP), and certain RRS–21, Federal Railroad of 2008 (RSIA), Public Law 110–432, opiates, amphetamines, barbiturates, Administration, 1200 New Jersey Ave. Division A, which was enacted on and benzodiazepines. Controlled SE., Mail Stop 25, Washington, DC October 16, 2008. Generally, the rule is substances are drugs or chemicals that 20590 (Telephone: (202) 493–6292), or intended to increase safety at highway- are prohibited or strictly regulated Ms. Kimberly Toone, Information rail and pathway grade crossings. because of their potential for abuse or Collection Clearance Officer, Office of Section 205 of the RSIA mandates that addiction. Administration, Office of Information the Secretary of Transportation require FRA research indicates that Technology, RAD–20, Federal Railroad certain railroad carriers to take a series prescription and OTC drug use has Administration, 1200 New Jersey Ave. of specified actions related to setting up become prevalent among railroad SE., Mail Stop 35, Washington, DC and using systems by which the public employees. For this reason, FRA has 20590 (Telephone: (202) 493–6132). is able to notify the railroad by toll-free added certain non-controlled substances (These telephone numbers are not toll- telephone number of safety problems at to its routine post-accident testing free.) its highway-rail and pathway grade program, which currently routinely tests

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