Hours of Service Regulations

Forms and Documents

Document Name	Status
Form FRA F 6180.3 Hours of Service Regulations Form	Modified
Sept 27 2021 (30 Day) FR on HOS.pdf Supplementary Document	2021-09-27
2130-0005_HOS_Supporting Justification.docx Supporting Statement A	2021-09-08
June 29, 2021, 60-Day FRN.pdf Supplementary Document	2021-09-03
49 U.S.C. 21301-21304.doc Supplementary Document	2018-08-29
49 CFR 1.89.doc Supplementary Document	2018-08-29
P.L. 110-432 Sec 108.doc Supplementary Document	2018-08-29
49 U.S.C. 21101-21109.doc Supplementary Document	2011-08-10
49 CFR 228.doc Supplementary Document	2006-08-23
49 U.S.C. 103 (c).doc Supplementary Document	2006-08-23

IC Document Collections

IC ID	Document Title	Status
26365	Hours of Service Regulations Form	Modified

ICR Details

OMB Control No: 2130-0005	ICR Reference No: 202109-2130-001
Status: Received in OIRA	Previous ICR Reference No: 201810-2130-001
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: Hours of Service Regulations
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/27/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	18,660,400	27,796,044
Time Burden (Hours)	1,283,507	3,421,290
Cost Burden (Dollars)	247,500	588,500

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Abstract: The collection of information is mandatory, and is associated with FRA's rule 49 CFR part 228. Entities required to respond include Class I, Class II, and Class III railroads as well as 40 signal employee contractors. The collection of information includes occasional reporting and recordkeeping requirements. Covered employers are required to keep Hours of Duty records of their employees, and must produce them upon request to FRA representatives. The Hours of Service Act specifies the maximum hours and conditions of proper rest for employees engaged in one or more critical categories of work. FRA uses the information collected to both monitor compliance with and to enforce these safety regulations. Reporting and recordkeeping Information is collected on occasion, monthly, and annually. Besides Hours of Duty data, railroads must also provide reports of excess service to FRA and employee training information.

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Authorizing Statute(s): PL: Pub.L. 110 - 432 108 Name of Law: Rail Safety Improvement Act of 2008
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 432 108 Name of Law: Rail Safety Improvement Act of 2008

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 34303	06/29/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 53385	09/27/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Hours of Service Regulations	FRA F 6180.3	Hours of Service Report -- Railroads

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	18,660,400	27,796,044	0	0	-9,135,644	0
Annual Time Burden (Hours)	1,283,507	3,421,290	0	0	-2,137,783	0
Annual Cost Burden (Dollars)	247,500	588,500	0	0	-341,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Overall, the burden for this submission has decreased by 2,137,783 hours and decreased by 9,135,644 responses. There is no change in the method of the collection. The decrease in burden is solely the result of adjustments. FRA determined some of the prior estimates were fulfilled, outdated, or were not derived from PRA requirements, thus leading to the increased figures in the current inventory, which were decreased accordingly. Additionally, the number of responses (number of employees) declined by a third while the number of railroads using electronic records increased from 80 percent to 95 percent thus substantially reducing the average time per record under section 228.11 from 2.7 million hours to about 1 million hours. Additionally, the cost to respondents decreased by $341,000 from the previously approved submission of $588,500. For instance, the initial cost to automation ($430,000) was removed because the larger commuter railroads have implemented their automated systems. Question 15 of the supporting justification provides specific information on any burden estimates that have changed from the previous submission.

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Annual Cost to Federal Government: $77,636

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/27/2021

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