Rail Transit Roadway Worker Protection (RWP)

Forms and Documents

Document Name	Status
Supporting Statement Part A Final Rulemaking-Rail Transit Roadway Worker Protection (RWP) 10.31.24.docx Supporting Statement A	2024-11-01
RWP Overview of NPRM April 2024.pdf Supplementary Document	2024-10-28
RWP Final Rule Public Insptection 10.28.24.pdf Supplementary Document	2024-10-28

IC Document Collections

IC ID	Document Title	Status
266019	Rail Transit Agency (RTA): FTA Audit Submittals	Unchanged
265994	State Safety Oversight (SSOAs) FTA Audit Submittals	Unchanged
265993	State Safety Oversight Agencies (SSOAs) Annual Report Submittal	Unchanged

ICR Details

OMB Control No: 2132-0584	ICR Reference No: 202410-2132-002
Status: Received in OIRA	Previous ICR Reference No: 202403-2132-001
Agency/Subagency: DOT/FTA	Agency Tracking No:
Title: Rail Transit Roadway Worker Protection (RWP)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/01/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	63	0
Time Burden (Hours)	252	0
Cost Burden (Dollars)	0	0

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Abstract: This is a new information collection request (ICR) associated with a Final Rulemaking titled "Rail Transit Roadway Worker Protection" (RWP). The FTA published the NPRM for the RWP regulation on March 25, 2024. There were no comments received on the NPRM associated with the information collection burden or costs; instead, most comments came from labor unions, academic institutions, trades, individuals, and State DOTs, all expressing support for the proposed rule to enhance the safety of rail transit workers. The respondents for this information collection will be Rail Transit Agencies (RTAs) that operate fixed guideway public transportation systems and State Safety Oversight Agencies (SSOAs) that oversee those rail systems. This regulation is the first to mandate worker protection standards across all rail transit agencies. The Final Rulemaking will establish minimum RWP safety standards aimed at preventing accidents, fatalities, and injuries among transit workers who access the roadway as part of their duties. It will also outline safety rules, practices, and methods designed to improve both roadway worker safety and operational efficiency. Most of the information collected under this program is already being gathered, as all RTAs have some form of RWP protections in place. RTAs currently manage risks using various RWP strategies. This program is mandatory for obtaining or retaining federal financial assistance, and the information collection from RTAs and SSOAs is intended for reporting purposes to ensure compliance with specific safety standards. RTAs are required to create, maintain, and distribute an RWP manual to document their RWP program and clarify the responsibilities of both the RTA and rail transit workers. This information will be collected at least every two years, either through reports or existing audit processes. The FTA has not established a template for the RWP manual, intentionally allowing flexibility for RTAs to develop compliant programs that suit their size and complexity. Based on feedback from FTA Advisory 14-1, the FTA estimates that most RTAs already have formal standalone RWP programs, which they can adjust as needed using their existing Safety Management System (SMS) processes, with regulatory standards serving as a baseline. While RTAs must document their programs and clarify responsibilities, they have the freedom to format the manual according to their preferences.

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Authorizing Statute(s): US Code: 49 USC 5329 Name of Law: Bipartisan Infrastructure Law (BIL)
  

Citations for New Statutory Requirements: US Code: 49 USC 5329 Name of Law: Bipartisan Infrastructure Law (BIL)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2132-AB41	Final or interim final rulemaking	89 FR 87166	10/31/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Rail Transit Agency (RTA): FTA Audit Submittals
State Safety Oversight (SSOAs) FTA Audit Submittals
State Safety Oversight Agencies (SSOAs) Annual Report Submittal

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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	63	0	0	63	0	0
Annual Time Burden (Hours)	252	0	0	252	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new collection associated with a rulemaking. FTA did not change any of the information collection activities in this Final Rule submission from those proposed in the NPRM.

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Annual Cost to Federal Government: $27,120

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: 11/01/2024

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