FR 2021-03207

The document issued by the Federal Railroad Administration (FRA), part of the U.S. Department of Transportation, invites public comments on the agency's Information Collection Request (ICR). The document falls under the auspices of the Paperwork Reduction Act of 1995, aiming to gather public opinion before submitting the request to the Office of Management and Budget (OMB) for approval. Specifically, it seeks to assess the necessity and efficiency of collecting data on railroad accidents and incidents.

General Summary

This notice outlines the FRA's intention to collect data about railroad accidents and incidents, which includes information on collisions, derailments, and injuries affecting passengers, employees, and others on railroad property. Railroads are required to submit reports summarizing such incidents monthly. Presently, 765 railroads fall within the scope of this collection process. The document invites the public to share their insights on possible improvements in the efficiency and clarity of the data collection process, while also considering ways to reduce the burden on business entities involved.

Significant Issues or Concerns

Several concerns arise from the document:

• Ambiguity in Injury Definitions: The document does not precisely define what constitutes "certain injuries," which could lead to interpretation issues and inconsistencies in the data reported by different railroads.

• Complex Legal References: The inclusion of multiple legal references and bureaucratic language might be difficult for individuals without a background in legal matters or government operations to understand fully.

• Undetailed Changes in Estimates: While the FRA mentions changes in estimates of the burden of data collection, it does not clarify how these estimates differ from current ones, leading to potential confusion.

• Vague Financial Thresholds: The mention of a "periodically revised dollar threshold" lacks specifics, leaving stakeholders unsure of the financial criteria impacting reporting requirements.

• Undefined Reporting Categories: There is mention of unique categories that require different reporting forms, yet these categories are not explicitly described, which might lead to challenges in compliance.

Impact on the Public

Broadly, this document might impact public safety positively by refining how information regarding railroad accidents is collected and reported. Accurate and thorough data collection can lead to better safety protocols, reducing the risk of future incidents. However, understanding these processes could be more challenging for the general public due to the complexity of the document's language and content.

Impact on Specific Stakeholders

For stakeholders such as the railroads and businesses involved, this document might herald additional paperwork and data submission responsibilities. While the FRA seeks to minimize this burden, the complexity and ambiguity mentioned could lead to increased administrative effort. Conversely, improving the structure and clarity of the reporting process could lead to enhancements in operational safety and compliance.

In inviting public comments, the FRA demonstrates its commitment to transparency and collaborative policymaking. This approach allows stakeholders to influence decision-making early in the process and potentially mitigate any negative impacts identified before final implementation.

The Federal Register document from the Federal Railroad Administration (FRA) provides some key financial references associated with the agency's obligation to collect information related to railroad accident and incident reporting. These references fall under the requirements set by the Paperwork Reduction Act of 1995.

The document states that the total estimated annual burden hour dollar cost equivalent for the information collection is $2,775,067. This figure is intended to quantify the monetary equivalent of the time that railroad companies will spend complying with these reporting requirements. Such reporting is mandated under 49 CFR part 225, which dictates that railroads provide monthly summaries of various accidents or incidents. These include collisions, derailments, and situations involving damages above a periodically revised dollar threshold. Additionally, certain injuries to passengers, employees, and others on railroad property must be reported. However, the document doesn't elaborate on what qualifies as "certain injuries," leading to potential ambiguity. This specification is crucial for determining compliance and understanding the financial impact on railroad companies.

Another important detail is the mention of a "periodically revised dollar threshold" for reporting. Although the document highlights the financial threshold as an essential factor, it lacks clarity regarding how frequently and through what process this threshold is revised. This vagueness could cause difficulties for stakeholders in estimating and preparing for the financial implications of such revisions.

Overall, the financial aspect of this document addresses the cost that the railroads will bear in terms of compliance. While the dollar amount is clearly stated, the document's lack of specificity regarding "certain injuries," changing dollar thresholds, and changes in estimates compared to previous ICRs leaves some questions unanswered, potentially impacting the perceived reliability of these figures. Clearer guidelines and definitions in these areas could enhance understanding and compliance, aligning with the objectives of reducing reporting burdens and improving the utility and clarity of collected information.