Notice2026-18981
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
September 16, 2026
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 91 Issue 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Notices]
[Pages 58740-58743]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18981]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2026-1586]
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.
[[Page 58741]]
DATES: Interested persons are invited to submit comments on or before
November 16, 2026.
ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on <a href="https://www.regulations.gov">https://www.regulations.gov</a> to Docket No. FRA-
2026-1586. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0035) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice, made available to the public, and
include them in its information collection submission to OMB for
approval.
FOR FURTHER INFORMATION CONTACT: Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#452f2a242b2b206b36322423232a372105212a316b222a33"><span class="__cf_email__" data-cfemail="bad0d5dbd4d4df94c9cddbdcdcd5c8defaded5ce94ddd5cc">[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 finds 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 Operating Rules.
OMB Control Number: 2130-0035.
Abstract: The collection of information associated with 49 CFR
parts 217, Railroad Operating Rules, and 218, Railroad Operating
Practices, requires railroads to file with FRA copies of their
operating rules, timetables, timetable special instructions, and
subsequent amendments. The regulations also require railroads to retain
copies of these documents at their systems headquarters and make these
documents available to FRA upon request.
In October 2023, FRA published a final rule \1\ revising parts 217,
218, and 229. This rule requires railroads that provide regularly
scheduled intercity rail passenger transportation to the public to
install inward- and outward-facing locomotive image recording devices
on all lead locomotives of passenger trains. In addition, a passenger
railroad that utilizes inward-facing locomotive image or in-cab audio
recordings to conduct operational tests and inspections must adopt and
comply with procedures in its written operational tests and inspections
program regarding how such tests are to be conducted. Specifically, if
passenger railroads choose to use these recording devices to conduct
operational testing, they must implement objective, neutral criteria to
ensure employees are randomly subject to such testing. This random
selection requirement is designed to prevent railroad supervisors from
unfairly targeting specific employees for operational testing as a form
of retaliation.
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\1\ 90 FR 28150 (July 1, 2025).
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Further, this rule established the use of the new Form FRA F 6180-
49AP (Passenger Locomotive Inspection and Repair Record) to collect
Federally required locomotive inspection, testing, and repair
information for lead locomotives in commuter or intercity passenger
train service, including information regarding locomotive recording
devices.
This collection of information holds railroad management
accountable for implementing appropriate rules, instructions, and
programs of operational tests. It also holds railroad supervisors
accountable for administering operational tests and establishing
appropriate expectations with respect to rules compliance. Railroad
employees are held accountable for complying with specified operating
rules and have a right of challenge should they be instructed to take
actions that, in good faith, they believe would violate those rules.
In this 60-day notice, FRA has made changes that increased the
previously approved burden from 765,488 hours to 766,620. While some
adjustments decreased burden hours, overall, FRA adjustments increased
the total annual responses by 14,895 and increased total burden by
1,132 hours.
Specifically, Sec. 217.9 requires railroads to conduct operations
tests and inspections to verify compliance with their code of operating
rules. The annual responses for the written quarterly reviews, 6-month
reviews, and annual summary of operational tests and inspections under
Sec. 217.9 were underestimated. The newly revised estimates include
adjustments made to reflect changes in the number of Class II, Class
III, and passenger railroads that must comply with the various sections
throughout these regulations. As an example, previous burden estimates
for the annual summary of operational tests and inspections did not
include submissions from the Class III railroads. This oversight has
been corrected and accounts for 93 percent of the burden increase for
this submission. In addition, burden hours for recordkeeping have
increased to reflect the increased number of railroad employees and the
associated records that must be kept for each individual.
Further, under Sec. 218.95, employee training records, the revised
estimate reflects an increase in the number of employees from 85,600 to
101,000.
Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
Affected Public: Businesses.
Form(s): FRA F 6180.49AP.
Respondent Universe: 773 railroads.
Frequency of Submission: On occasion.
Reporting Burden:
[[Page 58742]]
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Total annual Average time per Total annual Wage Total cost
49 CFR section Respondent universe responses response burden hours rate \2\ equivalent U.S.D.
(A)................... (B)................. (A * B = C) (D = C * wage
rate)
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217.7 Operating rules; filing and
recordkeeping:
--(a) Filing of code of operating 1 new railroad........ 2 documents........... 1 hour.............. 2 $90.19 $180.38
rules, timetables, and timetable
special instructions by Class I,
Class II, Amtrak, and commuter
railroads with FRA.
--(b) Amendments to code of 57 railroads.......... 312 revised documents. 20 minutes.......... 104 90.19 9,379.76
operating rules, timetables, and
timetable special instructions by
Class I, Class II, Amtrak, and
commuter railroads with FRA.
--(c) Class III and other 2 new railroads....... 2 documents........... 1 hour.............. 2 90.19 180.38
railroads--Copy of code of
operating rules, timetables, and
timetable special instructions at
system headquarters.
--(c) Class III and other 717 railroads......... 1,434 amendments...... 15 minutes.......... 359 90.19 32,378.21
railroads--Amendments to code of
operating rules, timetables, and
timetable special instructions at
system headquarters.
217.9 Program of operational tests
and inspections; recordkeeping:
--(b)(2) Written records 773 railroads......... 3,500 records......... 2 minutes........... 117 90.19 10,552.23
documenting qualification of each
railroad testing officer.
--(b)(3) Development and adoption 42 railroads.......... 12 adopted procedures. 24 hours............ 288 121.22 34,911.36
of procedure ensuring random
selection of employees by
railroads utilizing inward-facing
locomotive and in-cab audio
recordings to conduct operational
tests and inspections.
--(c) Written program of 2 new railroads....... 2 programs............ 10 hours............ 20 121.22 2,424.40
operational tests and inspections.
--(d)(1) Records of operational 773 railroads......... 9,120,000 test records 5 minutes........... 760,000 90.19 68,544,400.00
tests/inspections. and updates.
--(d)(2) Railroad copy of current 57 railroads.......... 171 program revisions. 70 minutes.......... 200 90.19 18,038.00
program operational tests/
inspections--Amendments.
--(e)(1)(i) Written quarterly 20 railroads.......... 80 reviews............ 3 hours............. 240 90.19 21,645.60
review of operational tests/
inspections by railroads other
than passenger railroads.
--(e)(1)(ii) 6-month review of 20 railroads.......... 40 reviews............ 2 hours............. 80 90.19 7,215.20
operational tests/inspections/
naming of officer.
--(e)(2) 6-month review by 42 Amtrak + passenger 84 reviews............ 3 hours............. 252 90.19 22,727.88
passenger railroads designated railroads.
officers of operational testing
and inspection data.
--(e)(3) Records of periodic 57 railroads.......... 204 records........... 1 minute............ 3 90.19 270.57
reviews.
--(f)-(g) Annual summary of 773 railroads......... 773 summary records... 1 hour.............. 773 90.19 69,716.87
operational tests and inspections.
--(h)(1)(i) RR amended program of 773 railroads......... 5 revised programs.... 30 minutes.......... 2.50 90.19 225.48
operational tests/inspections.
--(h)(1)(ii) FRA disapproval of RR 773 railroads......... 5 supporting documents 1 hour.............. 5 90.19 450.95
program of operational tests/
inspections and RR written
response in support of program.
217.11 Program of instruction on
operating rules; recordkeeping;
electronic recordkeeping:
--(a) Written program of periodic 2 new railroads....... 2 written programs.... 8 hours............. 16 90.19 1,443.04
instruction for employees on
operating rules.
--(b) RR copy of written program 773 railroads......... 110 written/modified 30 minutes.......... 55 90.19 4,960.45
and subsequent amendments. program copies.
218.95 Instruction, training, and
examination:
--(b) Employee training records... 773 railroads......... 101,000 employees 1 minute............ 1,683 90.19 151,789.77
records.
--(c)(1)(i) Amended RR program of 773 railroads......... 5 amended programs.... 30 minutes.......... 3 90.19 270.57
instruction, testing, examination.
218.97 Good faith challenge
procedures:
--(b)(4) RR copy of good faith 773 railroads......... 4,732 copies.......... 6 minutes........... 473 90.19 42,659.87
challenge procedures.
--(c)(1) and (c)(4) RR employee 10 workers............ 10 good faith 15 minutes.......... 3 90.19 270.57
good faith challenge of RR challenges.
directive.
--(c)(5) RR resolution of employee 2 new railroads....... 5 responses........... 15 minutes.......... 1 90.19 90.19
good faith challenge.
--(d)(1) RR officer immediate 57 railroads.......... 3 reviews............. 30 minutes.......... 2 90.19 180.38
review of unresolved good faith
challenge.
--(d)(2) RR officer explanation to 773 railroads......... 3 answers............. 15 minutes.......... 1 90.19 90.19
employee that Federal law may
protect against employer
retaliation for refusal to carry
out work if employee refusal is a
lawful, good faith act.
--(d)(3) Employee written/ 773 railroads......... 3 written protests.... 15 minutes.......... 1 90.19 90.19
electronic protest of employer
final decision.
--(d)(4) Written request for 773 new railroads..... 2 further reviews..... 30 minutes.......... 1 90.19 90.19
further review and written
verification decision.
--(e) Recordkeeping and record 773 railroads......... 773 copies............ 5 minutes........... 64 90.19 5,772.16
retention.
218.99 Shoving or pushing movements:
--(a) RR operating rule complying 773 railroads and 2 2 new rules 1 rule 1 hour.............. 3 90.19 270.57
with section's requirements. new railroads. modification.
(Existing and new railroads).
218.101 Leaving rolling and on-track
maintenance-of-way equipment in the
clear:
--Operating rule that complies 773 railroads and 2 2 new rules 1 rule 30 minutes.......... 1.50 90.19 135.29
with this section. (Existing and new railroads. modification.
new railroads).
[[Page 58743]]
218.103 Hand-operated switches,
including crossover switches:
--Operating Rule that complies 773 railroads and 2 2 new rules 1 rule 30 minutes.......... 1.50 90.19 135.29
with this section. new railroads. modification.
229.22 Passenger locomotive
inspection and repair record:
--Form FRA F 6180.49AP............ 36 railroads.......... 4,500 passenger 15 minutes.......... 1,125 90.19 101,463.75
locomotives.
229.136 Locomotive image and audio
recording devices:
--(f)(1) Passenger railroads 36 railroads.......... 12 procedures......... 48 hours............ 576 90.19 51,949.44
adoption and development of chain
of custody procedures.
--(f)(2) Passenger railroad 36 railroads.......... 140 saved recordings.. 10 minutes.......... 23 90.19 2,074.37
preservation of accident/incident
data of image and audio recording
system from locomotive using such
system at time of accident/
incident (includes voluntary
freight railroads & restates
previous requirement under Sec.
229.135(e)).
--(g) Written description of 36 railroads.......... 7 written descriptions/ 20 hours............ 140 90.19 12,626.60
technical aspects any locomotive plans.
image recording system to FRA for
approval sent via email to
<a href="/cdn-cgi/l/email-protection#dc9a8e9d8e8e8f918c9cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="25637764777776687565414a510b424a53">[email protected]</span></a>.
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Total......................... 773 railroads......... 9,237,942 responses... N/A................. 766,620 ........ 69,151,060
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Total Estimated Annual Responses: 9,237,942.
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\2\ The dollar equivalent cost is derived from the 2024 Surface
Transportation Board Full Year Wage A&B data series using the
employee group 200 (Professional & Administrative) hourly wage rate
of $51.54, and group 100 (Executives, Officials & Staff Assistants)
hourly wage rate of $69.27. The total burden wage rate (Straight
time plus 75 percent) used in the table is $90.19 ($51.54 x 1.75 =
$90.19), and $121.22 ($69.27 x 1.75 = $121.22).
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Total Estimated Annual Burden: 766,620 hours.
Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$69,151,060.
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. 2026-18981 Filed 9-15-26; 8:45 am]
BILLING CODE 4910-06-P
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