March 25, 2025, FR Notice (60-Day)

March 25, 2025 FR Notice (60-Day).pdf

Railroad Workplace Safety (Formerly titled: Roadway Worker Protection: Roadway Maintenance Machines)

March 25, 2025, FR Notice (60-Day)

OMB: 2130-0539

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Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2025–0010]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

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 May 27,
2025.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on
www.regulations.gov to the docket,
Docket No. FRA–2025–0010. All
comments received will be posted
without change to the docket, including
any personal information provided.
Please refer to the assigned OMB control
number (2130–0539) in any
correspondence submitted. FRA will
summarize comments received in
response to this notice in a subsequent
30-day notice, made available to the
public, and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Arlette Mussington, Information
Collection Clearance Officer, at email:
arlette.mussington@dot.gov or
telephone: (571) 609–1285 or 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

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SUMMARY:

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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: Railroad Workplace Safety.
OMB Control Number: 2130–0539.
Abstract: FRA collects a variety of
information associated with 49 CFR part
214, Railroad Workplace Safety. To
ensure compliance with part 214, FRA
collects data on affected railroads’ ontrack safety programs to determine that
railroads have policies, procedures, and
practices in place that protect roadway
workers from dangers in their work
environment. Railroads are required to
provide on-track safety manuals to all
roadway workers that they can readily
consult to determine what on-track
safety procedures are required for their
work assignment. Under the regulation,
railroads are required to provide initial
and recurrent training to roadway
workers on their on-track safety
program. This includes training for
roadway workers who work where ontrack safety for adjacent controlled
tracks is required, and the appropriate
practices and procedures they must
follow.
FRA collects data from railroads on
training through the records that they
are required to keep. Additionally, FRA
collects information on violations of
workplace safety regulations on Form
FRA F 6180.119. FRA uses violation
information to support actions that will
reduce or eliminate hazards to railroad
workers. Specifically, FRA uses the

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information that it collects, under this
regulation, to monitor and enforce
requirements relating to the safety of
roadway workers and ensure that
railroads fulfill their responsibilities to
keep roadway workers secure and free
from unnecessary and avoidable
hazards.
In this 60-day notice, FRA has made
multiple adjustments to estimated
paperwork burdens. FRA’s estimate of
all burden hours under this ICR has
increased from 5,619 hours to 13,604
hours, and the number of estimated
responses has increased from 105,751 to
290,698. The main reason for these
increases is the inclusion of an existing
recordkeeping requirement under
§ 214.337(f), detailed below. FRA also
determined that several of the
paperwork burdens reported in its
previous submission were
overestimated and some were
determined to be unnecessary under the
PRA as detailed below:
• Under § 214.307, On-track safety
programs, FRA made burden estimate
adjustments to reflect that most
railroads have completed this
requirement, and to account for the
number of times FRA receives
notifications from railroads with respect
to any amendments made to their
current safety programs or from new
railroad startups. Specifically, FRA
estimates two new railroad startups will
submit on-track safety programs each
year. In addition, FRA expects to receive
approximately 25 notifications of
amendments to existing on-track safety
programs from established railroads.
Consequently, the burden estimate for
this requirement has decreased from 679
burden hours to 37 burden hours.
• § 214.336, On-track safety
procedures for certain roadway work
groups and adjacent tracks. After a
thorough review, FRA found that this
requirement is not a collection of
information under 5 CFR 1320.3(b)(2).
Therefore, 28 estimated burden hours
associated with this requirement were
removed from this ICR.
• Under § 214.337(f), On-track safety
procedures for lone workers, it was
determined that the burden was not
included in FRA’s previously reported
submissions. This submission corrects
that oversight, adding 10,400 burden
hours.
• Under paragraph (c) of § 214.505,
Required environmental control and
protection systems for new on-track
roadway maintenance machines with
enclosed cabs, the average burden
associated with the list of designated
on-track roadway maintenance
machines was decreased from 1 hour to
5 minutes. The decrease in burden

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hours reflects that, with the exception of
startups, railroads should have already
developed these designated lists and,
therefore, only need to maintain and
update them as appropriate.
• Additionally, the previously
reported burden of 13 hours under
§ 214.505(d), related to existing roadway
maintenance machines identified as
‘‘designated,’’ has been removed from
this ICR because the regulatory
requirement does not cause the
collection of any information.

• A review of the number of FRA F
6180.119 forms, submitted over the last
four and a half years, showed that on
average only six forms were submitted
annually. Therefore, the burden hours
associated with this requirement were
decreased by 492 hours.
• Finally, the overall recordkeeping
burden hours have decreased from 3,387
hours to 2,953 hours. This decrease is
due to the reduced number of roadway
workers employed with the railroads.
Respondent
universe

CFR Section/subject

Part 214 Workplace Safety Violation Report:
Form FRA F 6180.119— ..........................................
214.307 On-track safety programs:
—(a) New railroads on-track safety program ...........
—(b) RR notification to FRA not less than one
month before on-track safety program takes effect.
—RR notification to FRA for amendments to existing on-track safety programs.
—(c) RR amended on-track safety programs after
FRA disapproval.
—written response in support of disapproved program.
214.309 On-track safety manual:
—(c) RR publication of bulletins/notices reflecting
changes in on-track safety manual.
214.319 Working limits, generally:

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(c) Written request to FRA to exempt a segment of
track from the requirements of paragraph (b) of
this section.
214.320 Roadway maintenance machines movement
over signalized non-controlled track:
—Request in writing from RR to FRA for equivalent
level of protection to that provided by limiting all
train and locomotive movements to restricted
speed.
214.322 Exclusive track occupancy, electronic display:
—(b) Written authorities/printed authority copy if
electronic display fails or malfunctions.
214.329 Train approach warning provided by watchmen/lookouts:
—(f) Written designation of watchmen/lookouts .......
214.337 On-track safety procedures for lone workers:
—(f) written statements .............................................
214.343 Training and qualification, general:
214.343 through 214.357—Annual training for all
roadway workers—Records of training.
214.503 Good-faith challenges; procedures for notification and resolution:
—(c) Written procedures for resolution of good faith
challenges.
214.505 Required environmental control and protection
systems for new on-track roadway maintenance machines with enclosed cabs:
—(c) Designation list of new and existing on-track
roadway maintenance machines.
—(i)(4) Stenciling or marking of remotely operated
roadway maintenance machine.
214.507 Required safety equipment for new on-track
roadway maintenance machines:
—(d) A-Built Light Weight displayed on new roadway maintenance machines.
214.511 Required audible warning devices for new ontrack roadway maintenance machines:
—Required audible warning devices for new ontrack roadway maintenance machines.
214.515 Overhead covers for existing on-track roadway maintenance machines:
—(b) Overhead covers for existing on-track roadway maintenance machines.

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Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses, Roadway
Workers, State Safety Inspectors.
Form(s): FRA F 6180.119.
Respondent Universe: 800 Railroads,
200 Contractors, 43,000 Roadway
Workers and 350 State Inspectors.
Frequency of Submission: On
occasion.
Reporting Burden:

Total
annual
responses

Average time
per response

Total annual
burden hours

(A)

(B)

(C) = A * B

Wage
rate

Total cost
equivalent
wage rate 1
(D) = C *

350 State Safety Inspectors.

6

4 hours ....................

24

$69.79

$1,674.96

800 Railroads .............
800 Railroads .............

2
2

10 hours ..................
20 minutes ...............

20
0.66

89.13
89.13

1,782.60
58.83

800 Railroads .............

25

20 minutes ...............

8.25

89.13

735.32

800 Railroads .............

0.33

4 hours ....................

1.32

89.13

117.66

800 Railroads .............

0.33

20 hours ..................

6.60

89.13

588.26

800 Railroads .............

50

1 hour ......................

50

89.13

4,456.50

FRA anticipates zero submissions for this requirement over the next three-year period.

800 Railroads .............

0.33

4 hours ....................

1.32

89.13

117.66

3 Class I Railroads .....

1,000

10 minutes ...............

166.67

69.79

11,631.90

800 Railroads .............

26,250

30 seconds ..............

218.75

89.13

19,497.19

800 Railroads .............

208,000

3 minutes .................

10,400

69.79

725,816

43,000 roadway Workers.

43,000

2 minutes .................

1,433

89.13

127,723.29

2 new railroads ...........

2

2 hours ....................

4

89.13

356.52

800

5 minutes .................

64

89.13

5,704.32

10

5 minutes .................

0.83

69.79

57.93

800 railroads, 200
contractors.

1,000

5 minutes .................

83.33

69.79

5,815.60

800 railroads, 200
contractors.

3,700

5 minutes .................

308.33

69.79

21,518.35

50

30 minutes ...............

25

89.13

2,228.25

800 railroads, 200
contractors.
30 remotely operated
machines.

800 Railroads .............

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Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Notices
Respondent
universe

CFR Section/subject

214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January
1, 1991:
—(c) Stenciling the light weight on the machine ......
214.523 Hi-rail vehicles:
—(b) Records of compliance ....................................
—(d)(2) Non-complying conditions—Tagging and
reporting.
214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs:
—(b) Inspection for compliance—tagging and reporting non-complying condition.
214.533 Schedule of repairs subject to availability of
parts:
—(d) Records of compliance ....................................
Totals 2 ...............................................................

Total
annual
responses

Average time
per response

Total annual
burden hours

(A)

(B)

(C) = A * B

Wage
rate

Total cost
equivalent
wage rate 1
(D) = C *

800 railroads, 200
contractors.

500

5 minutes .................

41.67

69.79

2,908.15

800 railroads, 200
contractors.
800 railroads, 200
contractors.

5,000

5 minutes .................

416.67

89.13

37,137.80

500

10 minutes ...............

83.33

89.13

7,427.21

800 railroads, 200
contractors.

550

20 minutes ...............

183.33

69.79

12,794.60

800 railroads, 200
contractors.

250

15 minutes ...............

62.50

89.13

5,570.63

800 railroads, 200
contractors.

290,698

N/A ..........................

13,604

N/A

966,583

1 The dollar equivalent cost is derived from the 2023 Surface Transportation Board Full Year Wage A&B data series using the employee group 200 (Professional &
Administrative) hourly wage rate of 50.93 and group 300 (Maintenance of Way & Structures) hourly wage rate of 39.88. The total burden wage rates (Straight time
plus 75%) used in the table are 89.13 (50.93 × 1.75 = 89.13), and 69.79 (39.88 × 1.75).
2 Totals may not add up due to rounding.

Total Estimated Annual Responses:
290,698.
Total Estimated Annual Burden:
13,604 hours.
Total Estimated Annual Dollar Cost
Equivalent: 966,583.
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. 2025–04992 Filed 3–24–25; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2025–0018]

Pipeline Safety: Pipeline Safety
Management System
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of
Transportation.
ACTION: Notice; issuance of advisory
bulletin.

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AGENCY:

PHMSA is issuing this
advisory bulletin to promote the
implementation of a pipeline safety
management system (PSMS) by
regulated pipeline owners and
operators.

SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Joseph Yoon by phone at 202–819–1547
or by email at joseph.yoon@dot.gov.
SUPPLEMENTARY INFORMATION: PSMS
provides a proactive and systematic
approach to risk management of
complex processes across the pipeline
organization to operate safely and to
improve safety performance. PSMS also
provides a scalable framework for
pipeline operators of varying size,
scope, and level of PSMS
implementation maturity. PHMSA
encourages pipeline operators to
develop and to implement PSMS
programs, using a framework such as
the one detailed in American Petroleum
Institute (API) Recommended Practice
(RP) 1173: Pipeline Safety Management
Systems (API RP 1173). The framework
should define the elements for
identifying, managing, and reducing
risks throughout the pipeline life cycle.
Issuance of this advisory bulletin is
consistent with section 205 of the
Protecting our Infrastructure of
Pipelines and Enhancing Safety (PIPES)
Act of 2020 (Pub. L. 116–260),1 which
directs the Secretary of Transportation
(Secretary) to ‘‘promote’’ the
implementation of pipeline safety
management systems by pipeline
operators. It also addresses the National
Transportation Safety Board’s (NTSB)
Safety Recommendation P–24–002.
I. Background
A safety management system (SMS) is
an organization-wide approach to
managing safety risk through systematic
1 See

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procedures, practices, and policies. The
Federal Aviation Administration (FAA)
defines SMS as a ‘‘formal, top-down,
organization-wide approach to
managing safety risk and assuring the
effectiveness of safety risk controls. It
includes systematic procedures,
practices, and policies for the
management of safety risk.’’ 2 In the
pipeline community, SMS is similarly
described as a ‘‘systematic approach to
managing safety, including the
structures, policies, and procedures an
organization uses to direct and control
its activities.’’ 3
NTSB has long advocated for PSMS
implementation by the pipeline
industry. After investigating two serious
accidents in 2010, NTSB found that
pipeline safety would be enhanced if
pipeline companies implemented SMSs.
The first accident occurred on July 25,
2010, when a 30-inch pipeline ruptured
in Marshall, Michigan, resulting in the
estimated release of 840,000 gallons of
crude oil into the Kalamazoo River. The
second accident occurred on September
9, 2010, when a natural gas transmission
pipeline ruptured in San Bruno,
California, killing eight people, injuring
many more, and destroying 38 homes.
2 FAA Order 8000.369C, Safety Management
System, (June 24, 2020), https://www.faa.gov/
documentLibrary/media/Order/Order_
8000.369C.pdf.
3 Pipeline SMS Industry Team, Introduction to
Pipeline SMS Implementation, Book 2: What is a
Pipeline SMS?, https://pipelinesms.org/wp-content/
uploads/2021/01/DM2018-045-Pipeline-SMS-Book2_PRINT-READY_CMYK_062119_BrandingUpdates.pdf.

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