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. See44 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. See91 FR 52776. FRA received two comments summarized below, related to the proposed collection of information.

FRA received two anonymous comments to the 60-day notice. One of these comments appears to have been submitted to this docket inadvertently because it relates to a separate 60-day notice for FRA's risk reduction program (RRP) regulation that was published on the same day. FRA is addressing this comment's RRP concerns within the appropriate RRP 30-day notice that will be posted in docket no. FRA-2026-1585.

The second comment submitted to the system safety program (SSP) 60-day notice asked about: (1) operational assumptions FRA used to estimate that a passenger rail operation can complete an SSP internal assessment in 2 hours; (2) how FRA will ensure that absorbing Fatigue Risk Management Program (FRMP) reporting into this ICR does not obscure specific, tracked compliance hours and resource allocations dedicated to fatigue mitigation; (3) how FRA reconciles the reduced number of estimated new start passenger rail operations with recent funding grants expanding intercity and passenger rail corridors; and (4) whether wage rates utilized in table footnote 5 accurately capture full labor costs of specialized systems safety engineers, fatigue experts, and legal compliance personnel required to execute risk-based hazard analyses.

While responding to each of these questions in more detail below, FRA notes that PRA estimates only encompass specific paperwork burdens and are not estimates of the complete compliance costs associated with the SSP regulation, which were quantified in a separate rulemaking impact analysis. Further, PRA burden estimates are not meant to be interpreted as a tracked requirement for how much time a railroad must spend on a specific task—rather, they are merely estimates meant, in part, to assist FRA in minimizing paperwork burdens and costs resulting from the collection of information. See, e.g., 44 U.S.C. 3501.

Internal Assessment Time: The 2-hour estimated PRA burden for the internal assessment requirement only encompasses the associated paperwork burdens, and not the complete costs of compliance with the internal assessment requirement. For example, the estimate reflects the administrative burden of documenting and reporting the internal assessment, not necessarily the entirety of all associated activities ( e.g., tasks related to assessing whether the SSP is implemented fully and goals are being met). The 2-hour estimate for paperwork burdens associated with the annual SSP internal assessments is paired with an additional 2-hour estimate for the chief safety official's certification of those results.

Consolidation of FRMP Requirements: FRA is integrating the FRMP burden hours previously reported under OMB Control Number 2130-0633 into the primary SSP information collection (OMB Control No. 2130-0599) to manage its ICRs more effectively. Consolidating these collections does not obscure FRMP compliance hours, and 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.

Passenger Rail Operation Growth Estimates: FRA revised its estimate of new passenger rail operations from one annually to one over the upcoming three-year ICR period. While federal funding continues to support intercity and passenger rail expansion, this adjusted estimate reflects the current baseline decrease in total passenger rail operations from 33 to 32, and the extended timelines typically required for new operations to commence service. FRA will reevaluate its estimated number of new passenger rail operations during the next ICR renewal cycle to determine whether it should be increased.

Wage Rate Methodology for Hazard Analyses: The wage rates utilized in the burden table are derived directly from the 2024 Surface Transportation Board Full Year Wage A&B data series. FRA utilized the hourly wage rate of $51.54 for employee group 200 (Professional & Administrative), heavily weighted with a 75 percent overhead burden to total $90.19 per hour. For executive oversight, FRA utilized the hourly wage rate of $69.27 for employee group 100 (Executives, Officials, & Staff Assistants), also burdened with a 75 percent overhead to total $121.22 per hour. These standardized classifications are approved methodologies for federal ICR burden estimates and are appropriate for the specialized personnel who will be performing SSP-related activities.

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 also60 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: System Safety Program.

OMB Control Number: 2130-0599. ( printed page 68228)

Abstract: In 2020, FRA issued a final rule ^[1] that requires each passenger rail operation to develop and implement an SSP to improve the safety of its operations. Each passenger rail operation must use its SSP to proactively identify and mitigate or eliminate railroad safety hazards and the resulting risk on its system to reduce the number of railroad accidents, incidents, and associated injuries, fatalities, and property damage. An SSP must also include an FRMP component, as required by a final rule FRA issued in 2022.^[2] 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.^[3]

A passenger rail operation has the flexibility to tailor an SSP to its specific operations. An SSP must be fully implemented within 36 months of FRA's approval of a submitted SSP plan. Under the SSP regulation, FRA will audit a passenger rail operation's compliance with its SSP plan and will use the information collected to ensure compliance with the regulation.

FRA uses the information collected to help ensure that passenger rail operations establish and implement SSPs to improve the safety of their operations and to confirm compliance with the rule.

Type of Request: Revision of a currently approved collection.

Affected Public: Businesses.

Form(s): N/A.

Respondent Universe: 32 passenger rail operations + 1 new passenger rail operation.

Frequency of Submission: On occasion.

Total Estimated Annual Responses: 233.

Total Estimated Annual Burden: 1,781 hours.

Total Estimated Annual Burden Hour Dollar Cost Equivalent: $164,516.50.

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 68226