PHOS Supplementary Supporting Document

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Hours of Service Regulations

PHOS Supplementary Supporting Document

OMB: 2130-0005

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SUPPLEMENTARY SUPPORTING DOCUMENT

PASSENGER HOURS OF SERVICE NPRM

OMB No. 2130-0005 (Summary)




49 CFR Section or Statutory Provision




Respondent Universe



Total Annual Responses



Average Time per Response



Total Annual Burden Hours

228.11 - Hours of Duty Records (Current Requirement)

768 railroads/signal contractors


27,429,750 records

2 min./5 min./10 min.

2,856,125 hours

228.17 – Dispatchers Record of Train Movements (Current Requirement)

150 Dispatch Offices

200,750 records

3 hours

602,250 hours

228.19 - Monthly Reports of Excess Service (Current Requirement But Now includes Limbo time and consecutive days on duty)

300 railroads

2,670 reports

2 hours

5,340 hours

228.103 - Construction of Employee Sleeping Quarters – Petitions to allow construction near work areas (Current Requirement)

50 railroads


1 petition

16 hours

16 hours

228.203 - Program Components (Current Requirements) – Electronic Recordkeeping –

- Modifications for Daylight Savings Time

-System Security/Individual User Identification/Program Logic Capabilities/ Search Capabilities



9 railroads





5 modifica-tions

1 program with security/I.D./ program logic & search capability


120 hours

720 hours




600 hours


720 hours

228.205 - Access to Electronic Records – (Current Requirement) – System Access Procedures for Inspectors

768 railroads/signal contractors

100 electronic records access procedures

30 minutes

50 hours

228.207 – Training in Use of Electronic System – (Current Requirements) – Initial Training

Refresher Training

768 railroads/signal contractors


768 railroads/signal contractors

47,000 train. employees


2,200 train. Employees

1 hour



1 hour

47,000 hours


2,200 hours

49 U.S.C. 21102(b) – The Federal hours of service laws - Petitions for Exemption from Laws (Current Requirement)


10 railroads

2 petitions

10 hours


20 hours


228.403 – Exemption (New Requirements) – Commuter/Passenger

Railroad Requests

-Tourist/Excursion RR Requests

-Tourist/Excursion RR Annual Renewal Exemption Requests

28 railroads



140 railroads


140 railroads

5 exemption requests


130 requests


130 requests

8 hours



2 hours


30 minutes

40 hours



260 hours


65 hours

228.407 – Analysis of Work Schedules; Submissions; FRA Review and Approval of Submissions; Fatigue Mitigation Plans (New Requirements)

- Reports to FRA of Work Schedules That Exceed Fatigue Threshold

- Fatigue Mitigation Plans Submitted to FRA

- Submission of Work Schedules Using Validation Model At/Exceeding Threshold That Can Be Mitigated by Mitigation Tools

- Submission of Work Schedules Using Validation Model At/Exceeding Threshold That Cannot Be Mitigated by Mitigation Tools and Determined to Be Operationally Necessary by RR

- RR Determinations

-RR Declaration That No Work Schedules Need to Be Submitted to FRA For Exceeding Fatigue Threshold

-Submission of Follow-up Analysis by RR Due to Work Schedule Change

- Updated Fatigue Mitigation Plans

- RR Consultation with Employees and Employee Organizations on Work Schedules Found to be at High Risk Fatigue Level and Mitigation Tools and All RR Submissions to FRA

- Filed Statements w/FRA by Employees and Employee Organizations Unable to Reach Consensus on Work Schedules or Mitigation Tools or RR FRA Submissions


168 railroads




168 railroads


168 railroads


168 railroads




168 railroads





168 railroads

168 railroads



168 railroads


168 railroads

168 railroads





RR Employees/

Employee Organizations


28 analyses




20 reports


15 plans


15 schedules




5 schedules





20 decisions

10 statements



28 analyses


28 plans

40 consults





5 statements

80 hours




2 hours


4 hours


4 hours




4 hours





2 hours

1 hour



4 hours


4 hours

4 hours





2 hours

2,240 hours




40 hours


60 hours


60 hours




20 hours





40 hours

10 hours



112 hours


112 hours

160 hours





10 hours


228.411 – Training – (New Requirements) – Development of Training Programs

- Employee Initial Training


- Initial Training – New Employees

- Triennial Refresher Training

- Records

168 railroads



168 railroads


168 railroads

168 railroads

168 railroads

29 programs



10,000 tr. employees

150 empl.

10,150 empl.

10,150 rcds.

20 hours



1 hour


1 hour

15 minutes

5 minutes

580 hours



10,000 hours


150 hours

2,538 hours

846 hours

Appendix D: Guidance on Fatigue Management Plans – (New Requirement)

90 railroads

4 plans

15 hours

60 hours


Note No. 1: There is one adjustment above under § 228.11. This one adjustment decreased the burden by 193,085 hours from the last approved submission. Program changes resulting from revised § 228.19 increased the burden by 60 hours and program changes resulting from the new requirements under Subpart F of Part 228 (§ 228.403 to Appendix D) increased the burden by 17,403 hours. Total program changes increased the burden by 17,463 hours. Overall, the one adjustment and the numerous program changes decreased the burden by 175,622 hours from the last approved submission.


Note No. 2: The previously approved burden total for this information collection is 3,707,346 hours. Total requested burden hours above for this revised submission amount to 3,531,724 hours. The burden for current requirements amounts to 3,514,321 hours. The burden for new requirements amounts to 17,403 hours.

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