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 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 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. See44 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.

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, § 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 § 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 § 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: ( printed page 58742)

Total Estimated Annual Responses: 9,237,942.

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)

91 FR 58740