Disqualification Proceedings

Forms and Documents

Document Name	Status
July 28, 2025 FR Notice (30-Day).pdf Supplementary Document	2025-07-28
2130-0529_Disqualification Proceedings_SJ clean 7-25-2025.docx Supporting Statement A	2025-07-25
April 29, 2025 FR Notice (60-Day).pdf Supplementary Document	2025-04-29
49 CFR 1.89 -- Delegations to the Federal Railroad Administrator.pdf Supplementary Document	2022-04-11
49 CFR 209.doc Supplementary Document	2009-11-27
P.L. 100-342a.doc Supplementary Document	2009-11-27
49 U.S.C. 20103.doc Supplementary Document	2009-11-27

IC Document Collections

IC ID	Document Title	Status
26443	Disqualification Proceedings	Modified

ICR Details

OMB Control No: 2130-0529	ICR Reference No: 202503-2130-004
Status: Received in OIRA	Previous ICR Reference No: 202204-2130-004
Agency/Subagency: DOT/FRA	Agency Tracking No:
Title: Disqualification Proceedings
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: 07/29/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2025
Responses	4	22
Time Burden (Hours)	2	41
Cost Burden (Dollars)	0	0

---

Abstract: FRA regulations at 49 CFR part 209, subpart D, explain FRA’s responsibilities, and the rights and responsibilities of railroads and railroad employees, regarding disqualification procedures. FRA uses the information collected to promote and maintain rail safety by ensuring that disqualified individuals do not serve in safety-sensitive positions. This collection of information is mandatory, collected as needed, and it involves reporting requirements.

---

Authorizing Statute(s): US Code: 49 USC 20103 Name of Law: Transportation Rail Programs
   PL: Pub.L. 100 - 342 3 Name of Law: Rail Safety Improvement Act of 1988
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 17879	04/29/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 35571	07/28/2025
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Disqualification Proceedings

---

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	4	22	0	0	-18	0
Annual Time Burden (Hours)	2	41	0	0	-39	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: This is an extension without change (with changes in estimates) to a current collection of information. When FRA last renewed this ICR in 2022, it included two sections under subpart D in its paperwork burden estimates in addition to § 209.331. Upon further review, FRA has determined that the inclusion of §§ 209.307 and 209.309 is not required by the PRA. Specifically, the requirement under §§ 209.307 or 209.309 from a person who receives a Notice of Proposed Disqualification is not subject to the PRA and OMB approval because the information is collected “during the conduct of an administrative action, investigation, or audit involving an agency against specific individuals or entities.” 5 CFR 1320.4(a)(2). Consequently, the previously reported burden hours for those sections, and the government cost for review of the disqualification orders have been removed from this ICR. Accordingly, estimated burden hours under this ICR have decreased from 41 hours to 2 hours, and the number of estimated responses has decreased from 22 to 4 responses.

---

Annual Cost to Federal Government: $0

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

---

Common Form ICR:  No

---

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: 07/29/2025

---