Proposed Agency Information Collection Activities; Comment Request, 13656-13658 [2025-04992]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Notices]
[Pages 13656-13658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.regulations.gov 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: [email protected] or 
telephone: (571) 609-1285 or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: [email protected] 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:
     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.
     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.
     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.
     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.
     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.
     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.
     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 *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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:
                                    --------------------------------------------------------------------------------------------------------------------
    (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.
                                    --------------------------------------------------------------------------------------------------------------------
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
                                    --------------------------------------------------------------------------------------------------------------------
        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