Proposed Agency Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2026-0039]

Proposed Agency Information Collection Activities; Comment Request

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Notice of information collection; request for comment.

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 October 13, 2026.

ADDRESSES:

Written comments and recommendations for the proposed ICR should be submitted on

https://www.regulations.gov

to Docket No. FRA-2026-0039. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0599) in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice, made available to the public, and include them in its information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT:

Ms. Joanne Swafford, Information Collection Clearance Officer, at email:

joanne.swafford@dot.gov

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:

System Safety Program.

OMB Control Number:

2130-0599.

Abstract:

In 2020, FRA issued a final rule

1

that requires each passenger rail operation to develop and implement a System Safety Program (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 a Fatigue Risk Management Program (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

1

85 FR 12826 (Mar. 4, 2020).

2

87 FR 35660 (June 13, 2022).

3

§ 270.403(a).

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.

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 1,891 hours to 1,781 hours. In general, the revised estimates reflect that the number of total passenger rail operations decreased from 33 to 32 and that FRA lowered its estimate of new passenger rail operations from 1 annually to 1 over the next 3-year period of this information collection.

To more effectively manage its ICRs, FRA is also incorporating into this ICR the burden hours under 49 CFR 270.409,

Requirements for an FRMP Plan,

currently reported under Control No. 2130-0633, Fatigue Risk Management Program. The table below details the specific paperwork requirements and associated burden hours added for section 270.409.

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.

Reporting Burden:

CFR section

Respondent

universe

Total

annual

responses

Average

time per

response

Total

annual

burden

hours

Wage

rates

4

Total cost

equivalent

U.S. D

(A)

(B)

(C = A * B)

(D = C *

wage rates)

270.103 System safety program plan

—(a) through (p) Comprehensive written SSP plan that meets this section's requirements and in part 270, subpart E

1 new passenger rail operation

0.33 plan

40 hours

13.20 hours

$121.22

$1,600.10

—(q) Risk-based hazard analysis

(1) analysis to identify and analyze hazards on the rail system and to determine the resulting risks

32 passenger rail operations + 1 new passenger rail operation

32.33 analyses results

20 hours

646.60 hours

90.19

58,316.85

(2) Identification of specific actions that will be implemented to mitigate or eliminate the hazards and resulting risks identified by paragraph (q)(1)

32 passenger rail operations + 1 new passenger rail operation

32.33 identifications of mitigation actions

10 hours

323.30 hours

90.19

29,158.43

(3) Risk-based hazard analysis when there are significant operational changes or modifications that have a direct impact on railroad safety

32 passenger rail operations

3 analyses

10 hours

30 hours

90.19

2,705.70

—(r) Technology analysis and implementation plan

—Development and periodic update as necessary, of a technology analysis and implementation plan to be included in the SSP

32 passenger rail operations + 1 new passenger rail operation

32.33 technology analysis

10 hours

323.30 hours

90.19

29,158.43

270.107 Consultation requirements

—(a) Consultation with directly affected employees on new or amended SSP plan (This section includes the burden for consulting on an FRMP plan, which must be included in an SSP plan)

32 passenger rail operations + 1 new passenger rail operation

5.33 consults

1 hour

5.33 hours

90.19

480.71

—(a)(3)(ii) Notification to directly affected employees of preliminary meeting at least 60 days before being held

32 passenger rail operations + 1 new passenger rail operation

5.33 notices

30 minutes

2.67 hours

90.19

240.36

—(b)(1) through (b)(3) Consultation statements submitted with new or amended SSP plans, and statement copies to service list individuals

32 passenger rail operations + 1 new passenger rail operation

5.33 statements

1 hour

5.33 hours

90.19

480.71

—(c) Statements from directly affected employees

FRA anticipates zero railroad submissions during this 3-year ICR period.

—(d) Consultation requirements for SSP plan amendments to be included in written SSP plan

The estimated paperwork burden for this regulatory requirement is covered under § 270.103.

270.201 Filing and approval

—(a) and (b) Initial SSP plan submission

1 new passenger rail operation

0.33 plans

30 hours

9.90 hours

90.19

892.88

—(c) Submission of amended SSP plan previously approved

32 passenger rail operations

5 amended plans

20 hours

100 hours

90.19

9,019.00

270.203 Retention of system safety program plan

—Retained copies of SSP plans

32 passenger rail operations + 1 new passenger rail operation

32.33 copies

10 minutes

5.39 hours

90.19

486.12

270.303 Internal system safety program assessment

—Annual internal SSP assessments

32 passenger rail operations

32 evaluations/reports

2 hours

64 hours

90.19

5,772.16

—(c) Certification of results of internal assessment by chief safety official

32 passenger rail operations

32 certification statements

2 hours

64 hours

121.22

7,758.08

270.305 External safety audit

—(b)(1) Submission of improvement plans in response to results of FRA audit

32 passenger rail operations

4 plans

12 hours

48 hours

121.22

5,818.56

—(b)(2) Improvement plans found deficient by FRA and requiring revision/correction

32 passenger rail operations

2 revised/ corrected plans

10 hours

20 hours

90.19

1,803.80

—(b)(3) Status report to FRA of implementation of improvements in the improvement plan

32 passenger rail operations

2 reports

4 hours

8 hours

90.19

721.52

270.409 Requirements for an FRMP plan (Previously reported under 2130-0633)

1 new passenger rail operation

0.33 plans

78 hours

25.74 hours

90.19

2,321.49

—(a) through (d)— New FRMP plan as part of an SSP containing the following elements:

• Analysis of fatigue risk • Mitigation strategies

• Evaluation—processes to monitor the overall effectiveness of the FRMP

• FRMP implementation plan

—Initial meeting with FRA to review FRMP plan

1 new passenger rail operation

0.33 meetings

16 hours

5.28 hours

90.19

476.20

—Amendments to FRMP plans already approved (§ 270.405(c)(2))

32 passenger rail operations

2 amended plans

40 hours

80 hours

90.19

7,215.20

Appendix B to 270

—Additional documents provided to FRA upon request

32 passenger rail operations + 1 new passenger rail operation

4 documents

15 minutes

1 hour

90.19

90.19

Totals

5

33 Passenger rail operations

233 responses

1,781 hours

164,516.50

Total Estimated

Annual Responses:

233.

4

The dollar equivalent cost is derived from the 2024 Surface Transportation Board Full Year Wage A&B data series using employee group 200 (Professional & Administrative) hourly wage rate of $51.54 and employee group 100 (Executives, Officials, & Staff Assistants) hourly wage rate of $69.27. The total burden wage rate (straight time plus 75%) used in the table is $90.19 ($51.54 × 1.75 = $90.19) and $121.22 ($69.27 × 1.75 = $121.22).

5

Totals may not add up due to rounding.

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.)

Christopher S. Van Nostrand,

Deputy Chief Counsel.

[FR Doc. 2026-16592 Filed 8-13-26; 8:45 am]

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