Notice2025-04992
Proposed Agency Information Collection Activities; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 56 (Tuesday, March 25, 2025)</title>
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[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13656-13658]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04992]
[[Page 13656]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2025-0010]
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection; request for comment.
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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
May 27, 2025.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on <a href="http://www.regulations.gov">www.regulations.gov</a> to the docket, Docket No.
FRA-2025-0010. All comments received will be posted without change to
the docket, including any personal information provided. Please refer
to the assigned OMB control number (2130-0539) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent 30-day notice, made available to the public, 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: <a href="/cdn-cgi/l/email-protection#9effecf2fbeaeafbb0f3ebededf7f0f9eaf1f0defaf1eab0f9f1e8"><span class="__cf_email__" data-cfemail="2647544a43525243084b5355554f48415249486642495208414950">[email protected]</span></a> or
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#85efeae4ebebe0abf6f2e4e3e3eaf7e1c5e1eaf1abe2eaf3"><span class="__cf_email__" data-cfemail="33595c525d5d561d40445255555c415773575c471d545c45">[email protected]</span></a> or
telephone: (757) 897-9908.
SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60 days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, comments
received will advance three objectives: (1) reduce reporting burdens;
(2) organize information collection requirements in a ``user-friendly''
format to improve the use of such information; and (3) accurately
assess the resources 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: Railroad Workplace Safety.
OMB Control Number: 2130-0539.
Abstract: FRA collects a variety of information associated with 49
CFR part 214, Railroad Workplace Safety. To ensure compliance with part
214, FRA collects data on affected railroads' on-track safety programs
to determine that railroads have policies, procedures, and practices in
place that protect roadway workers from dangers in their work
environment. Railroads are required to provide on-track safety manuals
to all roadway workers that they can readily consult to determine what
on-track safety procedures are required for their work assignment.
Under the regulation, railroads are required to provide initial and
recurrent training to roadway workers on their on-track safety program.
This includes training for roadway workers who work where on-track
safety for adjacent controlled tracks is required, and the appropriate
practices and procedures they must follow.
FRA collects data from railroads on training through the records
that they are required to keep. Additionally, FRA collects information
on violations of workplace safety regulations on Form FRA F 6180.119.
FRA uses violation information to support actions that will reduce or
eliminate hazards to railroad workers. Specifically, FRA uses the
information that it collects, under this regulation, to monitor and
enforce requirements relating to the safety of roadway workers and
ensure that railroads fulfill their responsibilities to keep roadway
workers secure and free from unnecessary and avoidable hazards.
In this 60-day notice, FRA has made multiple adjustments to
estimated paperwork burdens. FRA's estimate of all burden hours under
this ICR has increased from 5,619 hours to 13,604 hours, and the number
of estimated responses has increased from 105,751 to 290,698. The main
reason for these increases is the inclusion of an existing
recordkeeping requirement under Sec. 214.337(f), detailed below. FRA
also determined that several of the paperwork burdens reported in its
previous submission were overestimated and some were determined to be
unnecessary under the PRA as detailed below:
<bullet> Under Sec. 214.307, On-track safety programs, FRA made
burden estimate adjustments to reflect that most railroads have
completed this requirement, and to account for the number of times FRA
receives notifications from railroads with respect to any amendments
made to their current safety programs or from new railroad startups.
Specifically, FRA estimates two new railroad startups will submit on-
track safety programs each year. In addition, FRA expects to receive
approximately 25 notifications of amendments to existing on-track
safety programs from established railroads. Consequently, the burden
estimate for this requirement has decreased from 679 burden hours to 37
burden hours.
<bullet> Sec. 214.336, On-track safety procedures for certain
roadway work groups and adjacent tracks. After a thorough review, FRA
found that this requirement is not a collection of information under 5
CFR 1320.3(b)(2). Therefore, 28 estimated burden hours associated with
this requirement were removed from this ICR.
<bullet> Under Sec. 214.337(f), On-track safety procedures for
lone workers, it was determined that the burden was not included in
FRA's previously reported submissions. This submission corrects that
oversight, adding 10,400 burden hours.
<bullet> Under paragraph (c) of Sec. 214.505, Required
environmental control and protection systems for new on-track roadway
maintenance machines with enclosed cabs, the average burden associated
with the list of designated on-track roadway maintenance machines was
decreased from 1 hour to 5 minutes. The decrease in burden
[[Page 13657]]
hours reflects that, with the exception of startups, railroads should
have already developed these designated lists and, therefore, only need
to maintain and update them as appropriate.
<bullet> Additionally, the previously reported burden of 13 hours
under Sec. 214.505(d), related to existing roadway maintenance
machines identified as ``designated,'' has been removed from this ICR
because the regulatory requirement does not cause the collection of any
information.
<bullet> A review of the number of FRA F 6180.119 forms, submitted
over the last four and a half years, showed that on average only six
forms were submitted annually. Therefore, the burden hours associated
with this requirement were decreased by 492 hours.
<bullet> Finally, the overall recordkeeping burden hours have
decreased from 3,387 hours to 2,953 hours. This decrease is due to the
reduced number of roadway workers employed with the railroads.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses, Roadway Workers, State Safety
Inspectors.
Form(s): FRA F 6180.119.
Respondent Universe: 800 Railroads, 200 Contractors, 43,000 Roadway
Workers and 350 State Inspectors.
Frequency of Submission: On occasion.
Reporting Burden:
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Total Total cost
CFR Section/subject Respondent universe annual Average time per response Total annual Wage equivalent
responses burden hours rate wage rate \1\
(A) (B)......................... (C) = A * B (D) = C *
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Part 214 Workplace Safety Violation
Report:
Form FRA F 6180.119--.......... 350 State Safety Inspectors... 6 4 hours..................... 24 $69.79 $1,674.96
214.307 On-track safety programs:
--(a) New railroads on-track 800 Railroads................. 2 10 hours.................... 20 89.13 1,782.60
safety program.
--(b) RR notification to FRA 800 Railroads................. 2 20 minutes.................. 0.66 89.13 58.83
not less than one month before
on-track safety program takes
effect.
--RR notification to FRA for 800 Railroads................. 25 20 minutes.................. 8.25 89.13 735.32
amendments to existing on-
track safety programs.
--(c) RR amended on-track 800 Railroads................. 0.33 4 hours..................... 1.32 89.13 117.66
safety programs after FRA
disapproval.
--written response in support 800 Railroads................. 0.33 20 hours.................... 6.60 89.13 588.26
of disapproved program.
214.309 On-track safety manual:
--(c) RR publication of 800 Railroads................. 50 1 hour...................... 50 89.13 4,456.50
bulletins/notices reflecting
changes in on-track safety
manual.
214.319 Working limits, generally:
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(c) Written request to FRA to FRA anticipates zero submissions for this requirement over the next three-year period.
exempt a segment of track from
the requirements of paragraph
(b) of this section.
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214.320 Roadway maintenance
machines movement over signalized
non-controlled track:
--Request in writing from RR to 800 Railroads................. 0.33 4 hours..................... 1.32 89.13 117.66
FRA for equivalent level of
protection to that provided by
limiting all train and
locomotive movements to
restricted speed.
214.322 Exclusive track occupancy,
electronic display:
--(b) Written authorities/ 3 Class I Railroads........... 1,000 10 minutes.................. 166.67 69.79 11,631.90
printed authority copy if
electronic display fails or
malfunctions.
214.329 Train approach warning
provided by watchmen/lookouts:
--(f) Written designation of 800 Railroads................. 26,250 30 seconds.................. 218.75 89.13 19,497.19
watchmen/lookouts.
214.337 On-track safety procedures
for lone workers:
--(f) written statements....... 800 Railroads................. 208,000 3 minutes................... 10,400 69.79 725,816
214.343 Training and qualification,
general:
214.343 through 214.357--Annual 43,000 roadway Workers........ 43,000 2 minutes................... 1,433 89.13 127,723.29
training for all roadway
workers--Records of training.
214.503 Good-faith challenges;
procedures for notification and
resolution:
--(c) Written procedures for 2 new railroads............... 2 2 hours..................... 4 89.13 356.52
resolution of good faith
challenges.
214.505 Required environmental
control and protection systems for
new on-track roadway maintenance
machines with enclosed cabs:
--(c) Designation list of new 800 railroads, 200 contractors 800 5 minutes................... 64 89.13 5,704.32
and existing on-track roadway
maintenance machines.
--(i)(4) Stenciling or marking 30 remotely operated machines. 10 5 minutes................... 0.83 69.79 57.93
of remotely operated roadway
maintenance machine.
214.507 Required safety equipment
for new on-track roadway
maintenance machines:
--(d) A-Built Light Weight 800 railroads, 200 contractors 1,000 5 minutes................... 83.33 69.79 5,815.60
displayed on new roadway
maintenance machines.
214.511 Required audible warning
devices for new on-track roadway
maintenance machines:
--Required audible warning 800 railroads, 200 contractors 3,700 5 minutes................... 308.33 69.79 21,518.35
devices for new on-track
roadway maintenance machines.
214.515 Overhead covers for
existing on-track roadway
maintenance machines:
--(b) Overhead covers for 800 Railroads................. 50 30 minutes.................. 25 89.13 2,228.25
existing on-track roadway
maintenance machines.
[[Page 13658]]
214.517 Retrofitting of existing on-
track roadway maintenance machines
manufactured on or after January
1, 1991:
--(c) Stenciling the light 800 railroads, 200 contractors 500 5 minutes................... 41.67 69.79 2,908.15
weight on the machine.
214.523 Hi-rail vehicles:
--(b) Records of compliance.... 800 railroads, 200 contractors 5,000 5 minutes................... 416.67 89.13 37,137.80
--(d)(2) Non-complying 800 railroads, 200 contractors 500 10 minutes.................. 83.33 89.13 7,427.21
conditions--Tagging and
reporting.
214.527 On-track roadway
maintenance machines; inspection
for compliance and schedule for
repairs:
--(b) Inspection for 800 railroads, 200 contractors 550 20 minutes.................. 183.33 69.79 12,794.60
compliance--tagging and
reporting non-complying
condition.
214.533 Schedule of repairs subject
to availability of parts:
--(d) Records of compliance.... 800 railroads, 200 contractors 250 15 minutes.................. 62.50 89.13 5,570.63
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Totals \2\................. 800 railroads, 200 contractors 290,698 N/A......................... 13,604 N/A 966,583
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\1\ The dollar equivalent cost is derived from the 2023 Surface Transportation Board Full Year Wage A&B data series using the employee group 200
(Professional & Administrative) hourly wage rate of 50.93 and group 300 (Maintenance of Way & Structures) hourly wage rate of 39.88. The total burden
wage rates (Straight time plus 75%) used in the table are 89.13 (50.93 x 1.75 = 89.13), and 69.79 (39.88 x 1.75).
\2\ Totals may not add up due to rounding.
Total Estimated Annual Responses: 290,698.
Total Estimated Annual Burden: 13,604 hours.
Total Estimated Annual Dollar Cost Equivalent: 966,583.
FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
Authority: 44 U.S.C. 3501-3520.
Christopher S. Van Nostrand,
Deputy Chief Counsel.
[FR Doc. 2025-04992 Filed 3-24-25; 8:45 am]
BILLING CODE 4910-06-P
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