Proposed Agency Information Collection Activities; Comment Request

Issuing agencies

Abstract

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On August 14, 2026, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received one comment in response to the notice.

Full Text

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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Notices]
[Pages 68225-68226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22069]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2026-1585]


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, this notice announces that FRA is forwarding 
the Information Collection Request (ICR) summarized below to the Office 
of Management and Budget (OMB) for review and comment. The ICR 
describes the information collection and its expected burden. On August 
14, 2026, FRA published a notice providing a 60-day period for public 
comment on the ICR. FRA received one comment in response to the notice.

DATES: Interested persons are invited to submit comments on or before 
November 30, 2026.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find the particular ICR by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function.

FOR FURTHER INFORMATION CONTACT: Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#82e8ede3ecece7acf1f5e3e4e4edf0e6c2e6edf6ace5edf4"><span class="__cf_email__" data-cfemail="264c49474848430855514740404954426642495208414950">[email&#160;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 
issue two notices seeking public comment on information collection 
activities before OMB may approve paperwork packages. See 44 U.S.C. 
3506, 3507; 5 CFR 1320.8 through 1320.12. On August 14, 2026, FRA 
published a 60-day notice in the Federal Register soliciting public 
comment on the ICR for which it is now seeking OMB approval. See 91 FR 
52778. FRA received one comment summarized below, related to the 
proposed collection of information.
    FRA received an anonymous comment to the 60-day notice requesting 
``detailed, empirical justifications'' for the reduced burden estimate 
for safety outreach and the reduced number of inadequate safety 
performance (ISP) railroads. The commenter also requested that FRA 
explain how the absorbed Fatigue Risk Management Program (FRMP) burdens 
align with rail carrier administrative workflows. FRA acknowledges the 
commenter's concern about the revised estimates and provides the 
following additional explanation. This explanation is qualitative in 
nature because FRA's revised estimates of future paperwork burdens 
correct a categorical over-inclusion of certain activities. FRA is also 
addressing an anonymous comment submitted to another ICR involving 
FRA's System Safety Program (SSP) regulation, which requested 
clarification as to why FRA was reducing the number of ISP railroads 
and appears to have been submitted by mistake to the docket for the SSP 
ICR (FRA-2026-0039-0001). This second comment repeats many of the same 
ISP concerns as the comment to the Risk Reduction Program (RRP) ICR, 
but also specifically asks FRA to explain why it determined 13 
previously designated ISP operations no longer meet the criteria.
    As explained in the 60-day notice, FRA determined that the previous 
burden for safety outreach was over-estimated because it included 
burdens already accounted for in the rulemaking economic analysis, such 
as the cost and time associated with developing a safety outreach 
program and developing outreach materials to be used for educating and 
training employees on RRP safety information relevant to their job. 
Employee training is generally not a paperwork burden subject to the 
PRA, and FRA's downward revision does not reflect any substantive 
change in FRA's expectations regarding railroad safety outreach 
activities. Rather, the revised estimate accurately isolates the actual 
administrative paperwork burdens that do fall under the PRA, such as 
time spent maintaining outreach materials, preparing briefings, 
revising and updating content, and the ongoing management of the 
program itself.
    Regarding the reduced number of ISP railroads, the revised estimate 
accurately and transparently reflects

[[Page 68226]]

that FRA has identified fewer ISP railroads than initially estimated. 
It does not reflect that FRA has determined that 13 previous ISP 
railroads are no longer ISP, which is a concern raised by the comment 
submitted to the SSP ICR. The revised estimate also does not reflect 
any change in FRA enforcement discretion, but merely estimates the 
future number of ISP railroads based on FRA's experience implementing 
the overall RRP rule. For example, the lower-than-expected number of 
ISP railroads is due in part to a corresponding increase in the number 
of railroads that proactively volunteered to comply with the RRP rule, 
as provided for in 49 CFR 271.15. Specifically, the information 
collection notice highlights that while the estimated number of ISP 
railroads decreased from 15 to 2, the estimated number of voluntarily 
compliant railroads concurrently increased from 0 to 10. The decrease 
in the estimated number of ISP railroads is, therefore, substantially 
offset by the increase in the estimated number of voluntarily compliant 
railroads. FRA will reevaluate its estimates for the number of ISP and 
voluntarily compliant railroads during the next ICR renewal cycle to 
ensure that future burden estimates continue to be accurate and 
transparent.
    Finally, the incorporation of FRMP hours into this ICR does not 
shift administrative tasks into uncompensated operational overhead; 
rather, it is an administrative action to more effectively manage FRA's 
paperwork collections. Because the two programs are legally and 
operationally intertwined, FRA consolidated the burden hours previously 
reported under OMB Control Number 2130-0633 into the central RRP ICR 
(OMB Control Number 2130-0610). The consolidated table explicitly 
accounts for all recurring FRMP administrative workflows, allocating 
specific, compensated burden hours for the development of new FRMP 
plans, analysis of fatigue risk, mitigation strategies, implementation 
evaluation, consultation with affected employees, initial review 
meetings with FRA, and subsequent plan amendments.
    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30 days' notice for public comment. 
Federal law requires OMB to approve or disapprove paperwork packages 
between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 
3507(b) and (c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983 (Aug. 
29, 1995). The 30-day notice informs the regulated community of their 
opportunity to file relevant comments and affords the agency adequate 
time to consider public comments before it renders a decision. 60 FR 
44983 (Aug. 29, 1995). Therefore, respondents should submit their 
respective comments to OMB within 30 days of publication to best ensure 
having their full effect.
    Comments are invited on the following ICR regarding: (1) whether 
the information collection activities are necessary for FRA to properly 
execute its functions, including whether the information 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 to minimize the burden of information 
collection activities on the public, including the use of automated 
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Risk Reduction Program.
    OMB Control Number: 2130-0610.
    Abstract: In 2020, FRA issued a final rule \1\ that requires each 
Class I freight railroad and each freight railroad with ISP to develop 
and implement an RRP to improve the safety of its operations. Other 
railroads may also voluntarily comply with the RRP rule by establishing 
and implementing an RRP meeting the regulatory requirements.\2\ A 
railroad that volunteers for RRP must continue to comply with the 
rule's requirements for a minimum period of five years.\3\
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    \1\ 85 FR 9262 (Feb. 18, 2020).
    \2\ 49 CFR 271.15 and 49 U.S.C. 20156(a)(4).
    \3\ 49 CFR 271.15.
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    An RRP is a comprehensive, system-oriented approach to safety that 
determines a railroad operation's level of risk by identifying and 
analyzing applicable hazards, and develops plans to mitigate, if not 
eliminate, that risk. An RRP must also include an FRMP component, as 
required by a final rule FRA issued in 2022.\4\ The purpose of an FRMP 
is to improve railroad safety through structured, systematic, and 
proactive processes and procedures that a railroad develops and 
implements to identify and mitigate the effects of fatigue on its 
employees.\5\ The information collected under this regulation will be 
used by railroads, and FRA, to improve safety through structured, 
proactive processes that systematically evaluate railroad safety 
hazards on their systems and manage the risks associated with those 
hazards to help reduce the number and rates of railroad accidents/
incidents, injuries, and fatalities. Each railroad has flexibility to 
tailor an RRP to its specific railroad operations. Each railroad must 
implement its RRP under a written, FRA-approved RRP plan and conduct an 
annual internal assessment of its RRP, with FRA also auditing 
railroads' RRPs.
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    \4\ 87 FR 35660 (June 13, 2022).
    \5\ 49 CFR 271.603.
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    Type of Request: Revision of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: Businesses (Railroads).
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 426.
    Total Estimated Annual Burden: 31,192 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: 
$2,812,135.77.
    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. 2026-22069 Filed 10-28-26; 8:45 am]
BILLING CODE 4910-06-P


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