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. See44 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 ( printed page 52779) 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. See44 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. See44 U.S.C. 3501.

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 inadequate safety performance (ISP) to develop and implement a Risk Reduction Program (RRP) to improve the safety of its operations. Class II and III freight 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 5 years.^[3]

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 developing plans to mitigate, if not eliminate, that risk. An RRP must also include a Fatigue Risk Management Program (FRMP) component.^[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] 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. The information collected under this regulation will be used by railroads 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. FRA will also use the collected information to audit railroads' RRPs and otherwise ensure compliance with the requirements of the RRP rule.

In this 60-day notice, FRA made multiple adjustments to the previously approved burden hours. While some reported burden hours have increased, the overall burden hours have decreased from the previously approved 60,860 hours to 31,192 hours. In general, the revised estimates reflect that the estimated number of ISP rail operations has decreased from 15 to 2, the estimated number of voluntarily compliant railroads has increased from 0 to 10, and that all Class I railroads have RRP plans in place and FRA does not anticipate any new Class I railroads beginning operations in the 3-year period of this information collection.

Furthermore, under § 271.107, which requires a safety outreach program, FRA determined that the previously reported burden was over-estimated because it included burdens that were already accounted for in the rulemaking economic analysis. Specifically, the burden hours included time spent by railroad personnel involved in safety outreach activities ( e.g., reading emails, watching education videos, etc.). For this submission, the burden hours are therefore reduced from 44,333 hours to 50 hours. This more accurately reflects time a railroad spends on managing the safety outreach program and RRP safety communications ( e.g., developing outreach materials such as emails, pamphlets, and videos) to railroad personnel.

To more effectively manage its ICRs, FRA is also incorporating into this ICR the burden hours under 49 CFR 271.609, Requirements for an FRMP Plan, currently reported under 2130-0633, Fatigue Risk Management Program. The table below details the specific paperwork requirements and associated burden hours added for § 271.609.

Type of Request: Revision of a currently approved collection.

Affected Public: Businesses.

Form(s): N/A.

Respondent Universe: Business (Railroads).

Frequency of Submission: On occasion.

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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.)

91 FR 52778