FEDERAL RAILROAD ADMINISTRATION

Training, Qualification, and Oversight for Safety-Related Railroad Employees
(Title 49 Code of Federal Regulations Part 243)

SUPPORTING JUSTIFICATION

OMB Control No. 2130-0597

Summary of Submission

• This submission is a request for an extension without change (with changes in estimates) of the last three-year approval granted by the Office of Management and Budget (OMB) on March 9, 2021, which expires March 31, 2024.

• The Federal Railroad Administration (hereafter “FRA” or “the Agency”) published the required 60-day notice in the Federal Register on December 26, 2023. See 88 FR 89020. FRA received no comments in response to this notice.

• Overall, the adjustments decreased the burden by 74,520 hours and responses by 1,179.

• The answer to question 12 itemizes all information collection requirements.

• The answer to question 15 itemizes all adjustments.

1. Circumstances that make collection of the information necessary.

Section 20162 of title 49, United States Code (U.S.C.) requires the Secretary of Transportation (Secretary) to establish minimum training standards for safety-related railroad employees and the submission of training plans from railroad carriers, contractors, and subcontractors for the Secretary’s approval. The Secretary delegated this authority to the Federal Railroad Administrator.¹

In response to the mandate of section 401(a) of the Rail Safety Improvement Act of 2008 (RSIA), on November 7, 2014, FRA published a final rule establishing minimum training standards for safety-related railroad employees and requiring railroad carriers, contractors, and subcontractors to develop and submit certain training programs to FRA for approval.²

2. How, by whom, and for what purpose the information is to be used.

The information collected will be used by FRA to ensure that each employer, railroad, or contractor conducting operations subject to part 243 develops, submits, or adopts, and complies with a training program for each category and subcategory of safety-related railroad employee.

FRA will continue to review and approve training programs filed by training organizations or learning institutions. If FRA has already approved the training organization’s or learning institution’s program, an employer could reference the approved program in its submission, avoid lengthy duplication, and likely expect a quick review and approval by FRA.

Additionally, railroads are required to serve simultaneously to the president of each labor organization that represents the railroad’s employees a copy of any training program submission, resubmission, or informational filing and to send a statement to FRA affirming that this service has been completed and the details of who has been served. The information will be used by FRA to ensure that necessary labor organizations are informed in a timely way regarding a required training program so that they have an adequate opportunity to provide comment to FRA and can thereby participate in FRA’s review and approval process of training program filings.

Furthermore, FRA will review the information collected to verify that railroads conduct annual reviews of their training programs. Such reviews will be used by railroads – and FRA – to determine any performance gaps and to ensure that such performance gaps are closed to prevent accidents/incidents from occurring and the corresponding injuries, fatalities, and property damage that accompany them.

Finally, FRA will review the required railroad-maintained list of contractors utilized in order to have basic information about each contractor engaged by a railroad so that it can determine each contractor’s identity and qualifications and have current and accurate information of the employees that work for it. This is critical from an enforcement perspective so that FRA is able to identify which employees work for railroads and which for contractors.

3. Extent of automated information collection.

FRA has strongly encouraged the use of advanced information technology to reduce burdens on respondents, wherever possible. Section 243.113 mandates that employers with 400,000 total employee work hours or more file by electronic means any program submissions required under this part in accordance with the requirements of this section. Also, each organization, business, or association that develops an optional model program in accordance with § 243.105 is required to electronically file the program in accordance with the requirements of this section.

To reduce any possible cost burden on smaller entities, employers with less than 400,000 total employee work hours annually are exempt from the electronic submission requirement of § 243.113(a). However, they do have the electronic option for the various submissions required by this part if they so choose.

Records required under § 243.203 may be kept electronically. FRA anticipates that most employers that are not small entities will want to maintain these records electronically.

FRA estimates that approximately 100 percent of all responses of this rule’s requirements are submitted electronically.

4. Efforts to identify duplication.

These information collection requirements are not duplicated elsewhere. Similar data are not available from other sources.

5. Efforts to minimize the burden on small businesses.

Part 243 applies to all railroads, contractors of railroads, and training organizations or learning institutions that train safety-related railroad employees. FRA estimates that approximately 93 percent of these railroads are small entities.³ Additionally, this part also affects approximately 300 contractors of railroads and approximately 109 training organizations or learning institutions, most of which, by definition, are considered small entities. Therefore, FRA has determined that the requirements of part 243 will have an impact on a substantial number of small entities.

To minimize the burden on small entities, FRA has exempted tourist, scenic, historic, and excursion railroads that are not part of the general railroad system of transportation as well as plant railroads. Excluding these types of operations from this rule is consistent with FRA’s jurisdictional policy that excludes these operations from all but a limited number of Federal safety laws, regulations, and orders.

6. Impact of less frequent collection of information.

If FRA did not collect this information or collected it less frequently, railroad safety would be directly and adversely impacted. Without the information collected, FRA would have no way of knowing that railroads and contractors are properly and adequately training safety-related employees regarding Federal rail safety laws, regulations, and orders. Without approved and effective training programs, safety-related employees would not receive essential training to do their important jobs safely and effectively.

The scientific literature on training in general and FRA’s own experience with training in the railroad industry show a clear link between the quality of training programs – including whether training is engaging or “hands-on” – and safety. FRA believes that better designed training can reduce the number of accidents/incidents caused by human factors.

Without the information collected, FRA would not have an opportunity to carefully review and comment on the training provided by railroads, contractors, and learning institutions. Without review of required training program submissions, resubmissions, and informational filings, FRA could not determine whether essential Federal safety laws, regulations, and orders were being addressed in a thorough and systematic way as they relate to the daily tasks of safety-related employees. Without the required training program submissions and the opportunity to closely scrutinize them, FRA would have no way to verify that railroads, contractors, and training/learning institutions are providing necessary and critical on-the-job training (OJT) and hands-on training for their employees. Without the benefit of such training, employees would not be able to do their jobs as effectively, and it is highly likely that there would be increased numbers of accidents/incidents and injuries, fatalities, and property damage that accompany them.

Without this information and the required records under this rule, FRA would not know whether safety-related employees in a given category or subcategory have undergone formal and informal training and thus have been properly and adequately trained and are thereby qualified to do their jobs. FRA would have no way of knowing whether these employees have passed or failed tests, what actions were taken by railroad, contractors, and learning/training institutions to address any deficiencies found from such testing. Training and qualification records underpin part 243 and are essential for FRA to ascertain qualifications for safety-related railroad employees.

In sum, the collection of information assists both DOT and FRA in fulfilling their top goals and primary mission to promote and enhance national safe transportation throughout the United States.

.

7. Special circumstances.

Under § 243.203, each employer must keep records for former safety-related railroad employees for a six-year period after the employment relationship ends. Those records must be accessible at the employer’s system headquarters. By requiring employers to keep former employee records, FRA will have adequate time to obtain records even when an audit and investigation takes places several years after the employment relationship has terminated. This recordkeeping requirement is also intended to aid former employees who want to access their records to prove to a prospective employer that they received prior training. This record retention requirement may be especially helpful to any former employees that may leave the railroading industry for several years but want to return to safety-related railroad work within the six-year time frame.

Also, under § 243.205 (Periodic oversight) and § 243.207 (Annual review), FRA stipulates a three-year record retention requirement for any records that are not employee records. The three-year window for retention would actually be a bit longer than three years because it would be measured as three calendar years after the end of the calendar year to which the event relates. Having information for the full third calendar year will help FRA in its audits and investigations to determine patterns regarding non-compliance related to Federal safety laws, regulations and orders, and aid railroads in modifying deficient training programs accordingly.

8. Compliance with 5 CFR 1320.8.

As required by the Paperwork Reduction Act of 1995 (PRA) and 5 CFR part 1320, FRA published a notice in the Federal Register on December 26, 2023,⁴ soliciting comment from the public, railroads, and other interested parties on these information collection requirements. FRA received no comments.

Consultations with representatives of the affected population:

As a part of FRA’s oversight and enforcement, individuals from the railroad industry are generally in direct contact with FRA’s inspectors at the time of site inspections and can provide any comments or concerns to them.

9. Payments or gifts to respondents.

There are no monetary payments or gifts made to respondents associated with the information collection requirements contained in this ICR.

10. Assurance of confidentiality.

The information collected is not of a confidential nature and FRA pledges no assurance of confidentiality.

11. Justification for any questions of a sensitive nature.

The information collection does not contain any data of a personal or sensitive nature.

12. Estimate of burden hours for information collected.

The estimates for the respondent universe, annual responses, and average time per responses are based on the experience and expertise of FRA’s Railroad Safety Technical Training Standard Division.

CFR	Respondent Universe	Total Annual Responses (A)	Average Time per Response (B)	Total Annual Burden Hours (C = A * B)	Wage Rates	Total Cost Equivalent in U.S. Dollars (D = C * wage rates)	PRA Analyses and Estimates
243.101(a)(2)—Training program required for each employer not covered by (a)(1) and subject to this part by May 1, 2021	The PRA burden associated with this requirement has been completed.
—(b) Submission by new employers commencing operations after Jan. 1, 2020, not covered by (a)(2)	10 new railroads/ contractors	10 training programs	20 hours	200.00 hours	$123.41	$24,682.00	Except for an employer subject to the requirement in paragraph (a)(2) of this section, an employer commencing operations subject to this part after January 1, 2020, shall submit a training program for its safety-related railroad employees before commencing operations. Upon commencing operations, the employer shall adopt and comply with the training program.
—(e) Contractor’s duty to validate approved program to a railroad (Revised requirement)	400 railroad contractors	150 documents	15 minutes	37.50 hours	$85.93	$3,222.38	A contractor that chooses to train its own safety-related railroad employees shall provide each railroad that utilizes it with a document indicating that the contractor's program of training was approved by FRA. A contractor is being utilized by a railroad when any of the contractor's employees conduct safety-related duties on behalf of the railroad and the railroad does not otherwise qualify those employees of the contractor that are allowed to perform those duties.
—(f) Railroad’s duty to retain copies of contractor’s validation documents (Revised requirement)	1,046 railroads/ contractors	1,046 copies	2 minutes	34.87 hours	$85.93	$2,996.38	Railroad's responsibility to retain contractor's validation of program: A railroad that chooses to utilize contractor employees to perform safety-related duties and relies on contractor-provided training as the basis for those employees' qualification to perform those duties shall retain a document from the contractor indicating that the contractor's program was approved by FRA. A copy of the document required in paragraph (e) of this section satisfies this requirement.
243.103(d)—Training components identified in program; modifications to components of the training programs	1,155 railroads/ contractors	10 modified training programs	5 hours	50.00 hours	$85.93	$4,296.50	FRA may require modifications to any programs, including those programs referenced in paragraph (b) of this section, if it determines essential program components, such as OJT, or arranged practice and feedback, are missing or inadequate.
243.109(b)—Previously approved programs requiring an informational filing when modified	155 railroads/ contractors/ learning institutions	75 informational filings	8 hours	600.00 hours	$85.93	$51,558.00	The employer must review its previously approved training program and modify it accordingly when new safety-related Federal railroad laws, regulations, or orders are issued, or new safety-related technologies, procedures, or equipment are introduced into the workplace and result in new knowledge requirements, safety-related tasks, or modification of existing safety-related duties. An employer that modifies its training program for these described reasons shall submit an informational filing to the Associate Administrator not later than 30 days after the end of the calendar year in which the modification occurred, unless FRA advises otherwise to individual employers, one or more group of employers, or the general public.
—(c) New portions or substantial revisions to an approved training program	10 railroads/ contractors	10 revised training programs	16 hours	160.00 hours	$85.93	$13,748.80	Substantial additions or revisions to a previously approved program, that are not described as informational filings in accordance with paragraph (b) of this section, shall be considered approved and may be implemented immediately upon submission. Following submission, the Associate Administrator will review the new portions or revisions to the previously approved program and inform the employer as to whether the modifications conform to this part.
—(c) New portions or substantial revisions to an approved training program found non-conforming to this part by FRA—revisions required	50 railroads/ contractors	50 revised training programs	8 hours	400.00 hours	$85.93	$34,372.00	If the Associate Administrator has determined that the changes do not conform to this part, the employer shall resubmit the portion of its program, as revised to address specific deficiencies, within 90 days after the date of any notice of deficiencies from the Associate Administrator. Failure to resubmit the program with the necessary revisions shall be considered a failure to implement a program under this part. The Associate Administrator may extend this 90-day period upon written request.
—(d)(1)(i) Copy of additional submissions, resubmissions, and informational filings to labor organization presidents	50 railroads/ contractors	50 copies	10 minutes	8.33 hours	$85.93	$715.80	Each railroad, simultaneous with its filing with the FRA, serve a copy of any submission, resubmission, or informational filing required pursuant to this section, to the president of each labor organization that represents the railroad's employees subject to this part;
—(d)(1)(ii) Railroad statement affirming that a copy of submissions, resubmissions, or informational filings has been served to labor organization presidents	228 railroads/ contractors	76 affirming statements	10 minutes	12.67 hours	$85.93	$1,088.73	Each railroad must include in its submission, resubmission, or informational filing required pursuant to this section a statement affirming that the railroad has served a copy to the president of each labor organization that represents the railroad's employees subject to this part, together with a list of the names and addresses of persons served.
—(d)(2) Labor comments on railroad training program submissions, resubmissions, or informational filings	228 railroad labor organizations	3 comments	30 minutes	1.50 hours	$85.93	$128.90	Not later than 90 days from the date a railroad files its submission, resubmission, or informational filing required pursuant to this section, a representative designated by the president of each labor organization that represents railroad employees subject to this part, may file a comment on the submission, resubmission, or informational filing.
243.111(g)—Safety-related railroad employees instructed by training organizations or learning institutions– recordkeeping	109 training organizations/ learning institutions	5,450 records	5 minutes	454.17 hours	$85.93	$39,026.83	Training organizations and learning institutions subject to this part are required to maintain records for each safety-related railroad employee that attends the training, in accordance with the recordkeeping requirements of this part.
—(h) Training organizations or learning institutions to provide student's training transcript or training record to any employer upon request by the student	109 training organizations/ learning institutions	545 records	5 minutes	45.42 hours	$85.93	$3,902.94	Training organizations and learning institutions subject to this part shall provide a student's training transcript or training record to any employer upon request by the student.
243.201(b)—New employers operating after January 1, 2020, not covered by (a)(2), designation of safety-related employees by job category—lists	10 new railroads/ contractors	10 designation lists	15 minutes	2.50 hours	$85.93	$214.83	The submitted program for a training organization or learning institution must include a listing of the training organization or learning institution's designated instructors
243.201(c)—Training records of newly hired employees or those assigned new safety-related duties	4,800 employees	4,800 records	15 minutes	1,200.00 hours	$85.93	$103,116.00	Prior to an employee becoming a qualified member of an occupational category or subcategory, the employer shall require a safety-related railroad employee who is newly hired or is to engage in safety-related duties not associated with the employee’s previous training to successfully complete the formal training curriculum for that category or subcategory of safety-related railroad employee.
—(d)(1)(i) Requests for relevant qualification or training record from an entity other than current employer	4,800 employees	250 record requests	5 minutes	20.83 hours	$85.93	$1,789.93	If an employee has received relevant qualification or training for a particular occupational category or subcategory through participation in an FRA-approved training program submitted by an entity other than the employee’s current employer, that training shall satisfy the requirements of this part provided that a current record of training is obtained from that other entity.
243.203(a)-(e)— Recordkeeping—Systems set up to meet FRA requirements— general requirements for qualification status records, accessibility	10 railroads/ contractors/ training organizations/ learning institutions	10 recordkeeping systems	30 minutes	5.00 hours	$85.93	$429.65	Each employer shall maintain records to demonstrate the qualification status of each safety-related railroad employee that it employs.
—(f) Transfer of records to successor employer – If an employer ceases to do business and its assets will be transferred to a successor employer, it shall transfer to the successor employer all records required to be maintained under this part, and the successor employer shall retain them for the remainder of the period prescribed in this part	1,155 railroads/ contractors/ training organizations/ learning institutions	3 railroads	30 minutes	1.50 hours	$85.93	$128.90	If an employer ceases to do business and its assets will be transferred to a successor employer, it shall transfer to the successor employer all records required to be maintained under this part, and the successor employer shall retain them for the remainder of the period prescribed in this part.
243.205(c)—Railroad identification of supervisory employees who conduct periodic oversight tests by category/subcategory	746 railroads	100 identifications	5 minutes	8.33 hours	$85.93	$715.80	Each railroad shall identify supervisory employees, by category or subcategory, responsible for conducting periodic oversight tests and inspections for the safety-related railroad employees that it authorizes to perform safety-related duties on its property.
—(f) Notification by railroad of contractor employee non-compliance with federal laws/regulations/ orders to employee and employee’s employer	300 contractors	360 (90 employee + 270 employer notices)	20 minutes (10 + 10)	60 hours (15.00 + 45)	$85.93	$5,155.80	A railroad that finds evidence of contractor employee non-compliance with Federal railroad safety laws, regulations, and orders particular to FRA-regulated personal and work group safety during the periodic oversight shall provide that employee with details of the non-compliance.
—(i) and (j) Employer records of periodic oversight	1,046 railroads/ contractors	150,000 records	5 minutes	12,500.00 hours	$85.93	$1,074,125.00	Each employer that conducts periodic oversight in accordance with this section must keep a record of the date, time, place, and result of each test or inspection. The records shall specify each person administering tests and inspections, and each person tested. The record shall also provide a method to record whether the employee complied with the monitored duties, and any interventions used to remediate non-compliance. Modifications of the program required by § 217.9 of this chapter may be used in lieu of this oversight program, provided a railroad specifies it has done so in its program submitted in accordance with this part.
243.207(a)—Written annual review of safety data (Railroads with 400,000 annual employee work hours or more)	22 railroads	22 reviews	16 hours	352.00 hours	$85.93	$30,247.36	The purpose of this review is to determine if knowledge or performance gaps exist in the application of Federal railroad safety laws, regulations, and orders. This section shall apply to each railroad once a program has been approved by FRA in accordance with this part. This section does not apply to a railroad with less than 400,000 total employee work hours annually. This section does not apply to employers other than railroads except as specified in paragraph (f) of this section.
—(b) Railroad copy of written annual review at system headquarters	22 railroads	22 review copies	5 minutes	1.83 hours	$85.93	$157.25	Except as provided for in paragraph (a) of this section, each railroad that is required to conduct periodic oversight in accordance with § 243.205 is also required to conduct an annual review, as provided in this section, and shall retain, at its system headquarters, one copy of the written annual review.
—(e) Railroad notification to contractor of relevant training program adjustments	22 railroads	2 notifications	15 minutes	0.50 hour	$85.93	$42.97	If a railroad utilizes a contractor that directly trains its own safety-related railroad employees, the railroad shall notify the contractor of the relevant training program adjustments made to the railroad's program in accordance with paragraph (d) of this section.
243.209(a) – (b)—Railroad-maintained list of contractors utilized	746 railroads	746 lists	30 minutes	373.00 hours	$85.93	$32,051.89	Each railroad utilizing contractors to supply the railroad with safety-related railroad employees shall maintain a list, at its system headquarters, with information regarding each contractor utilized
—(c) Railroad duty to update list of contractors utilized and retain record for at least 3 years showing if a contractor was utilized in last 3 years	746 railroads	75 updated lists	15 minutes	18.75 hours	$85.93	$1,611.19	The information required by this section shall be continuously updated as additional contractors are utilized, and no contractor information shall be deleted from the list unless the contractor has not been utilized for at least 3 years from the end of the calendar year the contractor was last utilized.
Total5	1,155 railroads/ contractors/ training organizations/ learning institutions	163,875 responses	N/A	16,549 hours		$1,429,526

13. Estimate of total annual costs to respondents.

There are no additional costs to respondents beside those listed in question 12.

14. Estimate of Cost to Federal Government.

To calculate the government administrative cost, the 2022 Office of Personnel Management wage rates were used. The average wage of step 5 was used as a midpoint. Wages were considered at the burdened wage rate by multiplying the actual wage rate by an overhead cost of 75 percent (or times 1.75).

FRA Staff Review Cost	Number of FRA Employees	FRA employee compensation rate ($)	Hours	Number of Entities	Total ($)
Training Program Submissions/Resubmissions/ Informational Filings
GS-15 employee	1	$156	32	10	$49,920
GS-14 employee	3	$126	32	10	$161,280
Other Training Program Submissions/Resubmissions/Informational Filings
GS-15 employee	1	$156	24	10	$37,440
GS-14 employee	3	$126	24	10	$120,960
Modified Training Programs
GS-14 employee	3	$126	4	70	$141,120
Contractor/Learning Institution Training Program Submissions/Resubmissions/ Informational Filings
GS-15 employee	1	$156	24	298	$1,115,712
GS-14 employee	3	$126	24	298	$3,604,608
Total, Governmental Cost					$5,231,040

15. Explanation of program changes and adjustments.

This is a request for an extension without change (with changes in estimates) of a currently approved collection of information. On December 26, 2023, FRA published a 60-day Federal Register notice that reflected 66,565 total burden hours and responses of 164,275. See 88 FR 89020. Upon further review, FRA has determined that the training programs requirement under § 243.101(a)(2) has already been completed. As a result, the associated paperwork burden has been removed, and the information collection now correctly reflects the estimated paperwork burden of 16,549 hours for this submission.

The current OMB inventory for this information collection shows a total burden of 91,069 hours and 165,054 responses while the requesting inventory estimates a total burden of 16,549 hours and 163,875 responses. Overall, the burden for this submission has decreased by 74,520 hours and decreased by 1,179 responses. The tables below provide specific information on any burden estimates that have changed from the previous submission.

CFR Section	Total Annual Responses			Total Annual Burden Hours			PRA Analyses and Estimates
	Previous Submission	Current Submission	Difference	Previous Submission	Current Submission	Difference
243.101(a)(2)—Training program required for each employer not covered by (a)(1) and subject to this part by May 1, 2021	298.00 training programs (250.00 hours)	200.00 training programs (250.00 hours)	-98.00 training programs	74,500.00 hours	50,000.00 hours	-74,500.00 hours	The decrease in burden hours is because the PRA burden associated with this requirement has been completed.
—(e) Contractor’s duty to validate approved program to a railroad.	50.00 documents (15.00 minutes)	150.00 documents (15.00 minutes)	100.00 documents	12.50 hours	37.50 hours	25.00 hours	The decrease in burden hours is the result of the reduced number of training programs that will be submitted, which corresponds to less documents to validate.
—(f) Railroad’s duty to retain copies of contractor’s validation documents	10.00 copies (2.00 minutes)	1,046.00 copies (2.00 minutes)	1,036.00 copies	0.30 hours	34.87 hours	34.57 hours	The increase in burden hours is the result of railroads increasingly relying on railroad contractors for performing safety related duties previously performed by railroad employees.
243.103(d)—Training components identified in program; modifications to components of the training programs	70.00 modified training programs (5.00 hours)	10.00 modified training programs (5.00 hours)	-60.00 modified training programs	350.00 hours	50.00 hours	-300.00 hours	The decrease in burden hours is a result of the reduced number of modified training programs expected to be received over this 3-year collection period.
243.109(b)—Previously approved programs requiring an informational filing when modified	10.00 informational filings (8.00 hours)	75.00 informational filings (8.00 hours)	65.00 informational filings	80.00 hours	600.00 hours	520.00 hours	FRA anticipates, after careful review, that the number of informational filings will increase over this 3-year collection period.
—(c) New portions or substantial revisions to an approved training program found non-conforming to this part by FRA—revisions required	5.00 revised training programs (8.00 hours)	50.00 revised training programs (8.00 hours)	45.00 revised training programs	40.00 hours	400.00 hours	360.00 hours	The increase in burden hours is the result of the increase in the number of revised training programs FRA anticipated receiving over this 3-year collection period.
—(d)(1)(i) Copy of additional submissions, resubmissions, and informational filings to labor organization presidents	25.00 copies (10.00 minutes)	50.00 copies (10.00 minutes)	25.00 copies	4.20 hours	8.33 hours	4.13 hours	The increase in estimated number of copies is a direct result of the increased number of new or revised training programs that FRA expect to receive over this 3-year collection period.
—(d)(1)(ii) Railroad statement affirming that a copy of submissions, resubmissions, or informational filings has been served to labor organization presidents	76.00 affirming statements (10.00 minutes)	76.00 affirming statements (10.00 minutes)	0.00 affirming statements	12.70 hours	12.67 hours	-0.03 hours	Adjustment due to rounding.
243.111(g)—Safety-related railroad employees instructed by training organizations or learning institutions– recordkeeping	5,450.00 records (5.00 minutes)	5,450.00 records (5.00 minutes)	0.00 records	454.20 hours	454.17 hours	-0.03 hours	Adjustment due to rounding.
—(h) Training organizations or learning institutions to provide student's training transcript or training record to any employer upon request by the student	545.00 records (5.00 minutes)	545.00 records (5.00 minutes)	0.00 records	45.40 hours	45.42 hours	0.02 hours	Adjustment due to rounding.
243.201(a)(2)—Designation of existing safety-related railroad employees by job category (for employers not covered by (a)(1) and subject to this part by January 1, 2022)	346.00 designation lists (15.00 minutes)	0.00 designation lists (0.00 minutes)	-346.00 designation lists	86.50 hours	0.00 hours	-86.50 hours	This requirement has been completed.
—(d)(1)(i) Requests for relevant qualification or training record from an entity other than current employer	960.00 record requests (5.00 minutes)	250.00 record requests (5.00 minutes)	-710.00 record requests	80.00 hours	20.83 hours	-59.17 hours	The decrease in burden hours is a result of the reduced number of record requests expected to be received over this 3-year collection period.
243.203(a)-(e)— Recordkeeping—Systems set up to meet FRA requirements "general requirements for qualification status records, accessibility.	1,046.00 recordkeeping systems (30.00 minutes)	10.00 recordkeeping systems (30.00 minutes)	-1,036.00 recordkeeping systems	523.00 hours	5.00 hours	-518.00 hours	The decrease in burden hours is the result of the reduced number of recordkeeping systems that require set up. Most railroads already have the required recordkeeping system in place.
—(b) Railroad copy of written annual review at system headquarters	22.00 review copies (5.00 minutes)	22.00 review copies (5.00 minutes)	0.00 review copies	1.80 hours	1.83 hours	0.03 hours	Adjustment due to rounding.
Total	165,054.00 responses	163,875.00 responses	-779.00 responses	91,069 hours	16,549 hours	-74,520 hours

16. Publication of results of data collection.

FRA has no plans to publish this information.

17. Approval for not displaying the expiration date for OMB approval.

FRA intends to display the expiration date.

18. Exception to certification statement.

No exceptions are taken at this time.

1 Pub. L. 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162. The Secretary of Transportation delegated the authority to carry out this mandate to the Federal Railroad Administrator. 49 CFR 1.89(b).

2 79 FR 66460.

3 Federal agencies may adopt their own determination of small entities in consultation with the Small Business Administration (SBA) and in conjunction with public comment. Under that authority, FRA has published a final statement of agency policy that formally establishes “small entities” or “small businesses” as Class III railroads, contractors and hazardous materials shippers meeting the economic criteria established for Class III railroads in 49 CFR 1201.1–1, and commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less. Under 49 CFR 1201.1-1, a Class III railroad is a carrier having annual carrier operating revenues of $40.4 million or less after applying the railroad revenue deflator formula provided by the Surface Transportation Board at Note A.

488 FR 89020

5 Totals may not add up due to rounding.

1