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 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 ( printed 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 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: 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]

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.

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.

91 FR 68225