2130-0500_Accident Incident Reporting SJ (07-02-2025)

FEDERAL RAILROAD ADMINISTRATION

Accident/Incident Reporting and Recordkeeping

(Title 49 Code of Federal Regulations (CFR) Part 225)

SUPPORTING JUSTIFICATION

RIN 2130-AD57; 2130-AD58; and 2130-AD59

OMB Control No. 2130-0500

Summary of Submission

• This submission is a revision of the last three-year approval granted by the Office of Management and Budget (OMB) on December 12, 2023, with an expiration date on December 31, 2026.

The Federal Railroad Administration (hereafter “FRA” or “the Agency”) published three Notices of Proposed Rulemaking (NPRMs) in the Federal Register, on July 1, 2025. See 90 FR 28648; 90 FR 28651; and 90 FR 28654.

FRA is revising Part 225 titled (1) Allowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses; (2) Miscellaneous Amendments to FRA’s Accident Reporting Regulations; and (3) Retiring Forms FRA F 6180.107 and Form FRA F 6180.150. FRA plans to respond to any comments received in response to these three NPRMs in the final rule.

• Overall, adjusted estimates decreased the burden by 877 hours and decreased responses by 988.

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

1. Circumstances that make collection of the information necessary.

Since 1966, when the Department of Transportation Act transferred the responsibility for prescribing regulations to carry out the Accident Reports Act, as amended, from the Interstate Commerce Commission to the Secretary of Transportation, FRA has taken the responsibility of both amending those regulations as needed and enforcing them.¹ FRA has made amendments to include the expansion of the Act’s applicability from “common carriers engaged in interstate commerce by railroad” to include all “railroads,”² the repeal of the Accident Reports Act and the re-codification without substantive change at 49 U.S.C. 20901-20903,³ as well as periodic revisions to increase the accuracy, completeness, and utility of FRA’s accident database and to clarify certain definitions and regulatory requirements.  In 2011, FRA amended its accident/incident reporting regulations to revise its accident/incident recording and reporting forms to capture essential additional data and amended the FRA Guide for Preparing Accident/Incident Reports to provide clear information to railroads on the completion of regulatory required forms.

FRA made changes in response to the mandate in the Infrastructure Investment and Jobs Act (IIJA) Section 22421. FRA uses Form FRA F 6180.54, Special Study Blocks 49a and 49b, to collect the following information for a projected four-year period: (1) the length of the involved trains, in feet, and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident. This information assists FRA to determine comparative trends of railroad safety and to develop hazard elimination and risk reduction programs that focus on preventing railroad injuries and accidents.

Consistent with the deregulatory agenda of President Trump and the Secretary of Transportation, FRA has reviewed some of its regulatory requirements in part 225 that could be updated to reduce burdens, make technical or conforming changes, or otherwise adjust to advancing technology without any adverse effect on railroad safety.

Specifically, FRA proposes to reorganize § 225.6, to better inform railroads of what information they should include in their request. Thus, this proposed change would assist railroads in drafting more well-organized requests and would make it less likely that FRA will have to ask the railroad for additional information.

Also, FRA proposes in paragraph (d) that railroads submit their consolidated reporting request to FRA via email instead of by mail. This requirement would reduce FRA’s review period for these requests from 90 days to 60 days.⁴

Under § 225.25, this proposed rule would retire Form FRA F 6180.107, “Alternative Record for Illnesses Claimed to be Work-Related,” and Form FRA F 6180.150, “Highway User Injury Inquiry Form,” and would remove any references to these forms in the text of 49 CFR part 225. The proposed rule would also change the record retention period required under § 225.27(a) and make other technical corrections.⁵

Additionally, FRA is proposing changes to the requirement that railroads post a listing of all injuries and occupational illnesses reported to FRA “in a conspicuous location at that establishment.” Over the past several years, several Class I railroads have submitted waivers requesting permission to satisfy this posting electronically.⁶ FRA has granted these waivers and is unaware of any issues that have resulted from Class I railroads using electronic posting to fulfill this requirement. Thus, FRA is proposing to allow railroads to post the listing of all injuries and occupational illnesses required under this part in an electronic format as long as certain conditions are met. Specifically, railroads using electronic posting would have to ensure that: employees are given instructions or training on accessing the electronic posting; there is a device at the facility employees can use to access the posting or employees are issued a device that can access the posting; and supervisors can show the posting to an employee or FRA representative upon request. These conditions are designed to ensure that railroad employees have guaranteed access to these postings if a railroad decides to post this information electronically⁷

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

The information collected is essential to FRA’s mission and to the fulfillment of its regulatory responsibilities under various Federal railroad safety laws. It enables FRA to establish and maintain an extensive database that the agency utilizes to develop and implement appropriate safety programs. For instance:

• FRA uses this information to assess the risks that exist on the Nation’s railroads. The information allows FRA to track the nature, number, type, severity, and cause(s) of railroad-related accidents and incidents, and to develop strategies and programs to reduce the occurrence of such accident/incidents.

• FRA uses the information collected under § 225.6, Consolidated Reporting, to determine whether the parent corporation of an integrated system of railroads should be permitted to report the accidents and incidents of its subsidiary railroads. By treating all components of an integrated system as a single railroad, FRA seeks to gather more meaningful and accurate accident/incident data.

• FRA uses telephonic reports mandated under § 225.9, Telephonic reports of certain accidents/incidents and other events, to promptly respond to and investigate the following accidents/incidents caused by an event or exposure arising from the operation of a railroad.

• Per § 225.11, Reporting of accidents/incidents, railroads subject to this part submit monthly reports of all highway-rail grade, rail equipment, and death, injury, and occupational illness accidents/incidents that are reportable to FRA. FRA provides this information on its website on the first of each month. All data is on a 3-month delay.

• FRA uses the information collected under § 225.11, Reporting of accidents/incidents, to monitor, on a continuing (monthly) basis, all accident/incidents described in § 225.19, Primary groups of accidents/incidents. For reporting purposes, reportable accident/incidents are divided into three groups: (i) Highway-Rail Grade Crossing; (ii) Rail Equipment; and (iii) Death, Injury, and Occupational Illness. This information enables the agency to take necessary steps to eliminate the likelihood/cause(s) of similarly caused accidents/incidents in the future. Specifically, FRA uses the Form’s Special Study Blocks 49a and 49b to collect the following information regarding trains involved in FRA reportable accidents: (1) the length of the involved trains, and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.

• FRA uses the information collected under § 225.12, Rail Equipment Accident/Incident Reports alleging employee human factor as cause; Employee Human Factor Attachment; notice to employee; employee supplement, to track the number of rail equipment accidents/incidents where railroads cite employee human factor(s), such as an employee’s act/omission/physical condition, as a primary or contributing cause of the accident. FRA safety specialists use this data to spot dangerous practices by railroad employees, individually and system-wide, and to develop and institute appropriate remedial safety measures to save lives and protect railroad property from similar future occurrences.

• FRA reviews late and amended reports submitted to the agency under § 225.13, Late reports, to gather the most accurate and complete data that it can obtain involving railroad accidents/incidents that are reported to the agency on a monthly basis.

• FRA carefully examines the information submitted by railroads under § 225.18, Alcohol or drug involvement, to assess whether alcohol or drug use by railroad employees played a primary or contributing role in the occurrence of a rail equipment accident/incident. Any information developed concerning possible drug or alcohol use must be reported by the railroads to FRA. All submitted information enables FRA to make a thorough evaluation of each specific case and to determine whether appropriate action(s) have been taken or need to be taken by the railroad and/or FRA to ensure that employees in safety-sensitive positions do not abuse alcohol and drugs while on duty.

• FRA uses the information collected under § 225.19 to keep close watch on the causes, extent, number, and frequency of highway-rail grade crossing accidents, rail equipment accident/incidents, and railroad related casualties that occur throughout the country.

• FRA uses the records that are required under § 225.25, Recordkeeping, to ensure that the Nation’s railroads are complying with applicable Federal safety regulations. FRA requires railroads to complete records for all reportable, and certain non-reportable, accidents/incidents involving rail equipment and accidents/incidents resulting in death, injury, or occupational illness.

Additionally, the information collected is used by a wide array of organizations and individuals, including railroads, labor organizations, news outlets, States and their law enforcement agencies, and universities. It provides context to all users examining rail operations and rail safety in the United States. Accident and Incident reporting information is entered into FRA’s database, and information in the database is made publicly available on FRA’s website for anyone wishing to see it.

FRA notes that the collection of suicide data also aids the Federal Transit Administration (FTA) in its collection and analysis of commuter railroad accidents since FRA provides certain commuter railroad safety data to FTA.  FTA relies on FRA to provide data on the types of accidents occurring on commuter rail, their primary causes, and the consequences, in terms of fatalities, injuries, and property damage.

Furthermore, the information is used by FRA to discern and monitor existing safety problems and emerging trends that may adversely affect the operational safety of a large number of the Nation’s rail carriers, as well as the health and well-being of railroad employees. FRA is especially concerned with reducing, to the greatest extent possible, rail occupational injuries and deaths. The information collected helps facilitate prompt agency corrective action, where necessary.

3. Extent of automated information collection.

FRA highly encourages and strongly endorses the use of advanced information technology, wherever possible, to reduce the paperwork burden on respondents. Additionally, FRA has long championed the use of electronic recordkeeping by railroads to reduce their paperwork time and cost burdens. In keeping with the requirements of the Paperwork Reduction Act (PRA) and the Government Paperwork Elimination Act, FRA allows railroads to submit accident/incident reports, updates, and amendments to FRA electronically.

In 2018, FRA made two changes regarding Form FRA F 6180.55 that it believes reduced railroad burden related to completing and/or submitting this form. FRA replaced the oath and notarization requirement for this form with a requirement that the signature be signed under penalty of perjury in accordance with 28 U.S.C. § 1746. Additionally, FRA allowed railroads to make their monthly submission of this form electronically in .pdf or .jpg file format, or email to [email protected].

However, because these documents are signed by the railroad reporting officer under penalty of perjury, FRA is required to ensure that the original copies of the documents are available in the event of litigation. Railroads must retain a duplicate of their original hard copy of Form FRA F 6180.55 report submissions for a period of two years under § 225.27(b).

The other forms required by this collection of information are either kept on the premises by railroad and are not filed with FRA, sent by railroads to employees, or are completed/collected by FRA and not the railroads. Records required to be retained by the railroads under § 225.27 (a) and (b) may be kept electronically or on paper by the railroads.

FRA provides all its forms, including the accident/incident forms, and the Guide for Preparing Accident/Incident Reports, on its Website for convenient downloading. Additionally, FRA provides free software called the Accident/Incident Report Generator (AIRG) to railroads to allow them to do their Federally required accident/incident recordkeeping on a personal computer.

FRA estimates railroads will submit approximately 85 of their responses electronically for this information collection request.

4. Efforts to identify duplication.

The information collection requirements, to our knowledge, are not duplicated anywhere. Similar data are not available from any other source. Although other Federal agencies use this information, no other agency collects the same information. In areas where there are mutual concerns, arrangements have been made to exchange information rather than impose new requirements. For instance, FRA collects and reports worker on-duty injuries and illnesses to Occupational Safety and Health Administration (OSHA). FRA and the National Transportation Safety Board (NTSB) conduct investigations of major accidents. These represent a very small percentage of the accidents/incidents that occur annually. While the amount of information obtained in these investigations is extensive, the limited number of accidents investigated would be insufficient to provide any understanding of railroads operating environment if FRA did not collect additional data.

5. Efforts to minimize the burden on small businesses.

“Small entity” is defined in 5 U.S.C. § 601 as including a small business concern that is independently owned and operated and is not dominant in its field of operation.  The U.S. Small Business Administration (SBA) has authority to regulate issues related to small businesses and stipulates in its size standards that a “small entity” in the railroad industry is a for profit “line-haul railroad” that has fewer than 1,500 employees, a “short line railroad” with fewer than 500 employees, or a “commuter rail system” with annual receipts of less than seven million dollars.⁸ 

There are approximately 738 small railroads that could potentially be affected.  FRA anticipates that most of the recording and reporting burdens imposed by this regulation will be borne by railroads that are not considered small, due to the decreased likelihood that a small railroad will experience an accident/incident necessitating such recording and/or reporting.  

FRA anticipates that the computer-related burdens will be borne by the larger railroads because the large railroads have chosen to retain their accident/incident records and reports electronically in their own systems.  Large railroads also submit their accident/incident reports to FRA electronically via their own systems.  Most small railroads complete their federally required accident/incident recordkeeping and reporting on a personal computer using FRA supplied AIRG software.  This software allows railroads to send reports to FRA electronically.  FRA will send a free updated or new version of the AIRG software to any railroad that requests it. 

Recordkeeping burdens for this collection have been reduced by simplifying the method used to count employee absences and work restrictions and by reducing the requirement to keep track of lengthy employee absences. Also, “Train Accident Cause Codes” and Probable Reason for Injury/Illness Circumstances Codes” have been added so that accident and injury data will be more precise and the need for some narratives eliminated, thus reducing the time and effort necessary to complete reporting forms. These changes help both large and small railroads.

6. Impact of less frequent collection of information.

If this information were not collected or collected less frequently, railroad safety in the United States could be significantly impeded. Without this collection of information, FRA would be less able to fulfill a variety of Congressionally mandated responsibilities and would be hindered in its ability to carry out its mission of promoting and enhancing national rail safety.

Without the consolidated reporting information collected under § 225.6, FRA would not be able to obtain accurate and necessary data. Because merged railroads may operate as independent entities, or as a single larger commonly controlled integrated railroad system, compliance with and enforcement of part 225 is increasingly difficult, because the operations of merged railroads often become so integrated that parent railroad corporations (as well as FRA) cannot simply disaggregate their operations, especially in terms of identifying which subsidiary railroad employs a worker or owns the equipment or trackage involved in an accident/incident.  As a result, accident and incident recording and reporting inaccuracies are more likely to occur, and remain undiscovered by FRA, which undermines the integrity of FRA's accident and incident data.

If FRA did not receive immediate telephonic reports by railroads of certain accidents/incidents and other events, the agency and other first responders to these rail emergencies could not act as quickly and appropriately as they need to during such occurrences.

Without this collection of information, rail employees alleged to have caused or contributed to an accident/incident or other event would not have a forum to respond on the record (or confidentially) to give their version of events to FRA and their employer so that the true sequence of events and the true cause(s) of that particular accident/incident could be determined, and any recurrences prevented.

Without this collection of information, FRA would not have necessary information about the possible use of alcohol or drugs by employees in an accident/incident. It is essential for FRA and the railroads to know whether or not drugs or alcohol played any role in a collision, derailment, fire, explosion, or some other adverse rail event where railroad employees, contractors, or members of the public are injured or killed, or where there is substantial damage to rail property or the surrounding community.

Without this collection of information, FRA would be unable to get a clear idea of injuries and illnesses affecting the nation’s railroad employees. Review of railroad Injury and Illness Summary reports each month allows FRA to get the big picture of the nation’s rail environment and facilitates the ability to quickly spot actual or potential problems that might indicate increased operational dangers or heightened risk to the health and welfare of railroad employees and the traveling public. If data indicate a trend is emerging, FRA and the railroads can institute immediate corrective measures to reduce any risk/dangers and thus avert the potentially high human and economic costs that might otherwise result.

7. Special circumstances.

Under § 225.27(c), railroads that choose to take advantage of FRA’s electronic submission options and file their Form FRA F 6180.55 reports must retain the original completed and signed submission for a period of five (5) years; railroads that choose to file their Form FRA F 6180.55 reports with FRA electronically via the Internet must retain the original completed and signed submission, as well as a hard copy print out of FRA’s acknowledgment receipt, for a period of five (5) years.

All other information collection requirements contained in this rule are in compliance with this section.

8. Compliance with 5 CFR 1320.8.

As required by the PRA and its implementing regulations, FRA published three NPRMs in the Federal Register on July 1, 2025⁹, soliciting comment from the public, railroads, and other interested parties on these information collection requirements. FRA will respond to any comments received concerning the proposed rule and its associated collection of information at the final rule stage.

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 information collection request.

10. Assurance of confidentiality.

The information contained on the accident/incident reporting forms submitted to FRA is a matter of public record and, therefore, confidentiality is not promised to any respondent. Pursuant to 49 U.S.C. 20903, monthly reports filed by railroads under the accident/incident reporting requirements may not be admitted as evidence or used for any purpose in any action for damages growing out of any matters mentioned in these monthly reports. Injury/illness reports submitted to FRA do not have names, social security numbers, or similar information.

State agencies participating in investigative activities under 49 CFR part 212 could obtain records and reports from the railroads and FRA regarding suicide or suicide attempts. All reports that the States may access, with two exceptions, contain no personally identifying information (PII). State agencies participating in investigative activities under Part 212 will have access to relevant claims and medical records, in addition to Federal records and reports pursuant to § 225.35(b), which do contain PII. Once the State agencies obtain these documents, their disclosure will be subject to State privacy laws, rather than FOIA requests. While FRA wants to limit the general public’s access to these documents and their dissemination due to their sensitive nature, FRA believes that States will be able to use this information to improve safety.

FRA emphasizes that it will not report suicide data cases to OSHA and that it will not include suicide data in its periodic summaries of data on the number of injuries and illnesses associated with railroad operations. Suicide data will not be available on FRA’s website for individual reports or downloads but rather in aggregate format on FRA’s website and via requests under the Freedom of Information Act.

11. Justification for any questions of a sensitive nature.

Except as noted above in the response to question number 10, there are no questions or information of a sensitive nature, or data that would normally be considered private contained in this collection of information.

12. Estimate of burden hours for information collected.

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

CFR Section	Respondent Universe	Total Annual Responses (A)	Average Time per Response (B)	Total Annual Burden Hours (C) = A * B	Wage Rate10	Total Annual Dollar Cost Equivalent (D)=C * wage rates	PRA Analyses and Estimates
225.6 Consolidated reporting
— (a)through(e) Request to FRA by parent corporation to treat its commonly controlled carriers as a single railroad carrier for purposes of this part	784 railroads	0.33 requests	40.00 hours	13.20 hours	$89.13	$1,176.52	A parent corporation may request in writing that FRA treat its commonly controlled railroad carriers, which operate as a single, seamless, integrated United States rail system, as a single railroad carrier for purposes of this part. If approved, a written agreement will be entered into specifying which subsidiaries are included in its railroad system and agreeing to assume responsibility for compliance with this part for all named subsidiaries making up the system. Any change in subsidiaries requires immediate notification to FRA. The request must be sent via email to [email protected].
225.9 Telephonic reports of certain accidents/incidents and other events
—Telephonic reports as prescribed in paragraphs (b) through (d) of this section	784 railroads	2,589.00 phone reports	15.00 minutes	647.25 hours	$89.13	$57,689.39	Each railroad must report immediately, as prescribed in paragraphs (b) through (d) of this section, whenever it learns of the occurrence of an accident/incident arising from the operation of the railroad, or an event or exposure that may have arisen from the operation of the railroad.
225.11 Reporting of accidents/incidents
—Form FRA F 6180.55	784 railroads	1,699.00 forms	2.2 hours	3,454.63 hours	$89.13	$307,911.17	Each railroad subject to this part shall submit to FRA a monthly report of all railroad accidents/incidents.
225.12 Rail equipment accident/incident reports alleging human factor as cause
— (a)Rail equipment accident/incident reports alleging human factor as cause—Form FRA F 6180.81	784 railroads	732.00 forms	15.00 minutes	183.00 hours	$89.13	$16,310.79	If, in reporting a rail equipment accident/incident to FRA, a railroad cites an employee human factor as the primary cause or a contributing cause of the accident; then the railroad that cited such employee human factor must complete, in accordance with instructions on the form and in the current “FRA Guide for Preparing Accident/Incident Reports,” an Employee Human Factor Attachment form on the accident.
—(b) Part I Form FRA F 6180.78 (Notices)	784 railroads	800 notices + 800 notice copies + 3,200 copies + 10 copies	10 minutes + 3 minutes	333.83 hours	$89.13	$29,754.27	Except as provided in paragraphs (e) and (f) of this section, for each employee whose act, omission, or physical condition was alleged by the railroad as the employee human factor that was the primary cause or a contributing cause of a rail equipment accident/incident and whose name was listed in the Employee Human Factor Attachment for the accident and for each such railroad employee of whose identity the railroad has actual knowledge, the alleging railroad shall— (1) Complete part I, “Notice to Railroad Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor,” of Form FRA F 6180.78 with information regarding the accident, in accordance with instructions on the form and in the current “FRA Guide for Preparing Accident/Incident Reports”; and (2). Hand deliver or send by first class mail (postage prepaid) to that employee, within 45 days after the end of the month in which the rail equipment accident/incident occurred— A copy of Form FRA F 6180.78, “Notice to Railroad Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing Railroad Accident Report,” with part I completed as to the applicable employee and accident; (ii) A copy of the railroad's Rail Equipment Accident/Incident Report and Employee Human Factor Attachment on the rail equipment accident/incident involved; and (iii) If the accident was also reportable as a highway-rail grade crossing accident/incident, a copy of the railroad's Highway-Rail Grade Crossing Accident/Incident Report on that accident.
—(c) Joint operations	784 railroads	73.00 reports	20.00 minutes	24.00 hours	$89.13	$2,139.12	If a reporting railroad makes allegations under paragraph (a) of this section concerning the employee of another railroad, the employing railroad must promptly provide the name, job title, address, and medical status of any employee reasonably identified by the alleging railroad, if requested by the alleging railroad.
—(d) Late identification	784 railroads	20 attachments + 20 notices	10.00 minutes	6.67 hours	$89.13	$594.50	Except as provided in paragraphs (e) and (f) of this section, if a railroad is initially unable to identify a particular railroad employee whose act, omission, or physical condition was cited by the railroad as a primary or contributing cause of the accident, but subsequently makes such identification, the railroad shall submit a revised Employee Human Factor Attachment to FRA immediately, and shall submit the Notice described in paragraph (b) of this section to that employee within 15 days of when the revised report is to be submitted.
—(g) Employee statement supplementing railroad accident report (Part II Form FRA 6180.78)	Railroad employees	60.00 statements	1.50 hours	90.00 hours	$89.13	$8,021.70	(1). Employee Statements Supplementing Railroad Accident Reports are voluntary, not mandatory; non submission of a Supplement does not imply that the employee admits or endorses the railroad's conclusions as to cause or any other allegations. (2). Although a Supplement is completely optional and not required, if an employee wishes to submit a Supplement and assure that, after receipt, it will be properly placed by FRA in a file with the railroad's Rail Equipment Accident/Incident Report and that it will be required to be reviewed by the railroad that issued the Notice, the Supplement must be made on part II of Form FRA F 6180.78 (entitled “Notice to Railroad Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing Railroad Accident Report”), following the instructions printed on the form. These instructions require that, within 35 days of the date that the Notice was hand delivered or sent by first class mail (postage prepaid) to the employee (except for good cause shown), the original of the Supplement be filed with FRA and a copy be hand delivered or sent by first class mail (postage prepaid) to the railroad that issued the Notice so that the railroad will have an opportunity to reassess its reports to FRA concerning the accident.
—(g)(3) Employee confidential letter	Railroad employees	5.00 letters	2.00 hours	10.00 hours	$89.13	$891.30	(3). Information that the employee wishes to withhold from the railroad must not be included in this Supplement. If an employee wishes to provide confidential information to FRA, the employee should not use the Supplement form (part II of Form FRA F 6180.78, “Notice to Railroad Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing Railroad Accident Report”), but rather provide such confidential information by other means, such as a letter to the employee's collective bargaining representative, or to the U.S. Department of Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS–22, Mail Stop 25 West Building 3rd Floor, Room W 33–306, 1200 New Jersey Avenue, SE., Washington, DC 20590. The letter should include the name of the railroad making the allegations, the date and place of the accident, and the rail equipment accident/incident number.
225.13 Late reports
—RR discovery of improperly omitted report of accident/incident Revised language no impact on burden	784 railroads	50.00 late reports	2.00 hours	100.00 hours	$89.13	$8,913.00	Whenever a railroad discovers that a report of an accident/incident, through mistake or otherwise, has been improperly omitted from or improperly reported on its regular monthly accident/incident report, a report covering this accident/incident together with a letter of explanation must be submitted immediately by email to [email protected]
—RR late/amended report of accident/incident based on employee statement supplementing RR accident report	784 railroads	20 amended reports + 30 copies	1 hour + 3 minutes	21.50 hours	$89.13	$1,916.30	Whenever a railroad receives a partially or fully completed Employee Statement Supplementing Railroad Accident Report (part II of Form FRA F 6180.78), in response to a Notice to Railroad Employee (part I of Form FRA F 6180.78) issued by the railroad and mailed or hand delivered to the employee, the railroad must promptly review that Supplement; based on that review, reassess the accuracy and validity of the railroad's Rail Equipment Accident/Incident Report and of any other reports and records required by this part concerning the same accident, including the Employee Human Factor Attachment; make all justified revisions to each of those reports and records; submit any amended reports to FRA; and submit a copy of any amended Rail Equipment Accident/Incident Report, Employee Human Factor Attachment, and Highway-Rail Grade Crossing Accident/Incident Report on the accident to the employee. A second notice under § 225.12 is not required for the employee. If an employee who was never sent a notice under § 225.12 for that accident is implicated in the revised Employee Human Factor Attachment, the railroad must follow the procedures of § 225.12(d).
225.18 Alcohol or drug involvement
—(a) —RR narrative report of possible alcohol/drug involvement in accident/incident	784 railroads	12.00 reports	15.00 minutes	3.00 hours	$89.13	$267.39	In preparing Form FRA F 6180.54, “Rail Equipment Accident/Incident Report,” under this part, the railroad shall make such specific inquiry as may be reasonable under the circumstances into the possible involvement of alcohol or drug use or impairment in such accident or incident. If the railroad comes into possession of any information whatsoever, whether or not confirmed, concerning alleged alcohol or drug use or impairment by an employee who was involved in, or arguably could be said to have been involved in, the accident/incident, the railroad shall report such alleged use or impairment as provided in the current FRA Guide. If the railroad is in possession of such information but does not believe that alcohol or drug impairment was the primary or contributing cause of the accident/incident, then the railroad shall include in the narrative statement of such report a brief explanation of the basis of such determination.
—(b) Reports required by §219.209(b) appended to rail equipment accident/incident report	784 railroads	5.00 reports	30.00 minutes	2.50 hours	$89.13	$222.83	For any train accident within the requirement for post-accident testing under § 219.201 of this chapter, the railroad shall append to the Form FRA F 6180.54, “Rail Equipment Accident/Incident Report,” any report required by 49 CFR 219.209(b) (pertaining to failure to obtain samples for post-accident toxicological testing).
225.19 Primary groups of accidents/incidents
——(a) Rail-highway grade crossing accident/incident report—Form FRA F 6180.57	784 railroads	2,161.50 forms	2.00 hours	4,323.00 hours	$89.13	$385,398.12	For reporting purposes reportable railroad accidents/incidents are divided into three groups: Group I—Highway-Rail Grade Crossing. Group II—Rail Equipment. Group III—Death, Injury and Occupational Illness.
—(d) Death, injury, or occupational illness (Form FRA F 6180.55a)	784 railroads	7,040.00 forms	1.00 hour	7,040.00 hours	$89.13	$627,475.20	Each death, injury, or occupational illness that is a new case and meets the general reporting criteria listed in paragraphs (d)(1) through (6) of this section shall be reported to FRA on Form FRA F 6180.55a, “Railroad Injury and Illness Summary (Continuation Sheet)” if an event or exposure arising from the operation of a railroad is a discernable cause of the resulting condition or a discernable cause of a significant aggravation to a pre-existing injury or illness. The event or exposure arising from the operation of a railroad need only be one of the discernable causes; it need not be the sole or predominant cause.
225.21 Forms
—(b) Railroad injury and illness summary—Form FRA F 6180.55	784 railroads	9,408.00 forms	10.00 minutes	1,568.00 hours	$89.13	$139,755.84	Form FRA 6180.55a—Railroad Injury and Illness (Continuation Sheet). Form FRA 6180.55a shall be used to report all reportable fatalities, injuries and occupational illnesses that occurred during the preceding month.
—(d) Annual railroad report of employee hours and casualties, by state—Form FRA F 6180.56	784 railroads	784.00 forms	15.00 minutes	196.00 hours	$89.13	$17,469.48	Form FRA 6180.56—Annual Railroad Report of Manhours by State. Form FRA 6180.56 shall be submitted as part of the monthly Railroad Injury and Illness Summary (Form FRA F 6180.55) for the month of December of each year.
—(h) —Railroad employee injury and/or illness record—Form FRA F 6180.98	784 railroads	4,000.00 forms	1.00 hour	4,000.00 hours	$89.13	$356,520.00	Form FRA F 6180.98—Railroad Employee Injury and/or Illness Record. Form FRA F 6180.98 or an alternative railroad-designed record shall be used by the railroads to record all reportable and accountable injuries and illnesses to railroad employees for each establishment. This record shall be completed and maintained in accordance with the requirements set forth in § 225.25.
—Copies of forms to employees	784 railroads	3.60 form copies	2.00 minutes	0.12 hours	$89.13	$10.70	The following forms and copies of the “FRA Guide for Preparing Accident/Incident Reports” may be obtained from the U.S. Department of Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS–22, Mail Stop 25 West Building 3rd Floor, Room W33–107, 1200 New Jersey Avenue, SE., Washington, DC 20590 or downloaded from FRA's Office of Safety Analysis Web site at http://safetydata.fra.dot.gov/officeofsafety/, and click on “Click Here for Changes in Railroad Accident/Incident Recordkeeping and Reporting.”
—(i) Initial rail equipment accident/incident record—Form FRA F 6180.97	784 railroads	10,194.00 forms	30.00 minutes	5,097.00 hours	$89.13	$454,295.61	Form FRA F 6180.97—Initial Rail Equipment Accident/Incident Record. Form FRA F 6180.97 or an alternative railroad-designed record shall be used by the railroads to record all reportable and accountable rail equipment accidents/incidents for each establishment. This record shall be completed and maintained in accordance with the requirements set forth in § 225.25.
—Completion of Form FRA F 6180.97 because of rail equipment involvement	FRA anticipates zero railroad submissions during this 3-year ICR period.
225.25 Recordkeeping
—(h) Posting of monthly summary Revised language no change to burden	784 railroads	9,408.00 lists	5.00 minutes	784.00 hours	$89.13	$69,877.92	Except as provided in paragraph (h)(2) of this section, a listing of all injuries and occupational illnesses reported to FRA as having occurred at an establishment shall be posted in a conspicuous location at that establishment, within 30 days after the expiration of the month during which the injuries and illnesses occurred, if the establishment has been in continual operation for a minimum of 90 calendar days. At a minimum, “establishment” posting is required and shall include locations where a railroad reasonably expects its employees to report during a 12-month period and to have the opportunity to observe the posted list containing any reportable injuries or illnesses they have suffered during the applicable period. A railroad may maintain the posting required under paragraph (h) of this section in electronic format if the requirements listed under (h)(4)(i) through (iii) are met. (Change resulted from Rulemaking 46 – Electronic posting)
225.27 Retention of records
—(a)(1) Retention of records	784 railroads	7,500.00 records	2.00 minutes	250.00 hours	$89.13	$22,282.50	three-year retention period. Each railroad shall retain the following (Form FRA F 6180.98, “Railroad Employee Injury and/or Illness Record,” for at least three years after the end of the calendar year to which they relate:
—Record of Monthly Lists	784 railroads	9,408.00 records	2.00 minutes	313.60 hours	$89.13	$27,951.17	Monthly List of Injuries and Illnesses required by § 225.25
— (a)(2) Record of Form FRA F 6180.97	784 railroads	10,194.00 records	2.00 minutes	339.80 hours	$89.13	$30,286.37	Form FRA F 6180.97, “Initial Rail Equipment Accident/Incident Record,” required by § 225.25; .
—(a)(2)(ii) Record of employee human factor attachments	784 railroads	1,464.00 records	2.00 minutes	48.80 hours	$89.13	$4,349.54	The Employee Human Factor Attachments (Form FRA F 6180.81, “Employee Human Factor Attachment”) required by § 225.12, that have been received by the railroad;
225.33 Internal control plans
—Internal Control Plan amendments	784 railroads	10.00 amendments	6.00 hours	60.00 hours	$89.13	$5,347.80	Each railroad shall adopt and comply with a written Internal Control Plan that shall be maintained at the office where the railroad's reporting officer conducts his or her official business. Each railroad shall amend its Internal Control Plan, as necessary, to reflect any significant changes to the railroad's internal reporting procedures.
225.35 Access to records and reports
—Records list for access	784 railroads	784.00 lists	20.00 minutes	261.33 hours	$89.13	$23,292.34	Each railroad subject to this part shall have at least one location, and shall identify each location, where any representative of the Federal Railroad Administration or of a State agency participating in investigative and surveillance activities under part 212 of this chapter or any other authorized representative, has centralized access to a copy of any record and report required under this part, for examination and photocopying in a reasonable manner during normal business hours.
225.37 Optical media transfer electronic submission
—(a)Transfer of reports, updates, and amendments	FRA anticipates zero submissions during this 3-year ICR period
—(c)(2) Electronic receipt of submissions	784 railroads	4,704.00 submissions	3.00 minutes	235.20 hours	$89.13	$20,963.38	FRA will provide to the railroad an electronic notice acknowledging receipt of submissions filed electronically via the Internet.
Totals11	784 railroads	87,188 responses	N/A	29,407 hours		$2,621,084.25

13. Estimate of total annual costs to respondents.

No costs to respondents are anticipated.

14. Estimate of Cost to Federal Government.

FRA’s estimated total cost is $14,634 over the three- year information collection period.¹² FRA has completed the AIRG software updates and do not currently have any staff testing the software. Additionally, FRA utilizes one GS-13 employee to manage the software, which is one part of their regularly assigned duties. FRA estimates that the employee spends approximately 50 hours managing and maintaining the software.

15. Explanation of program changes and adjustments.

This submission is a revision to a current collection of information. The current OMB inventory for this information collection shows a total burden of 30,284 hours and 88,176 responses, while the requesting inventory estimates a total burden of 29,407 hours and 87,188 responses. Overall, the burden for this submission has decreased by 877 hours, and the number of responses has decreased by 988. The decrease in burden is a result of forms FRA F 6180.107 and FRA F 6180.150 being repealed in the NPRM. This reduction in burden is solely the result of a program change.

16. Publication of results of data collection.

Certain data from this information collection is available on FRA’s website. ¹³

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

FRA will be displaying the expiration date.

18. Exception to certification statement.

No exceptions are taken at this time.

1 Sec. 6(e)(1)(K) of Pub. L. 89-670 (October 15, 1966), 80 Stat. 939; 49 CFR 1.89.

2 Section 15 of Pub. L. 100-342 (June 22, 1988), 102 Stat. 633.

3 Pub. L. 103-272, 108 Stat. 745 (July 5, 1994).

4 90 FR 28648; and 28654

5 90 FR 28651

6See, e.g. FRA-2018-0083.

790 FR 28648

8 See “Size Eligibility Provisions and Standards,” 13 CFR part 121 subpart A. 

990 FR 28648; 90 FR 28651; and 90 FR 28654.

10 The dollar equivalent cost is derived from the 2023 Surface Transportation Board Full Year Wage A&B data series using employee group 200 (Professional Administrative Staff) hourly wage rate of $50.93. The total burden wage rate (straight time plus 75%) used in the table is $89.13 ($50.93 x 1.75 = $89.13).

11 Totals may not add due to rounding.

12 FRA uses a burdened wage rate of $97.56 ($55.75 x 1.75 overhead). FRA estimates a total annual cost of approximately $4,878 (97.56 x 50 hours).

13 The electronic report and dashboard can be found at FRA Safety Data Landing Page.

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