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OMB Control No: 2132-0584	ICR Reference No: 202403-2132-001
Status: Historical Inactive	Previous ICR Reference No:
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
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 04/05/2024
	Date Received in OIRA: 03/25/2024
Terms of Clearance: Terms of the previous clearance remain in effect. Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

Abstract: This is a NEW information collection request (ICR) associated with a Notice of Proposed Rulemaking (NPRM), entitled "Rail Transit Roadway Worker Protection" (RWP). The respondents of this information collection are Rail Transit Agencies (RTAs) that operate rail fixed guideway public transportation systems and/or State Safety Oversight Agencies (SSOAs) that are responsible for overseeing those rail systems. The majority of the information that will be collected under this program is currently being collected as all RTAs already have some form of RWP protections, and RTAs currently manage risks using a variety of RWP approaches. When these risks are not properly addressed, they can lead to damaged equipment, severe injury, and death. Approaches to these risks have varied across the rail transit industry and inconsistencies leave workers at risk. The new RWP rule would establish minimum RWP safety standards to prevent accidents, fatalities, and injuries to transit workers who may access the roadway in the performance of their work. The RWP will also provide safety rules, practices, and methods that will lead to improved roadway worker safety and operational efficiency. This is a mandatory program required to obtain or retain federal financial assistance. The collection of information from RTAs and SSOAs is for reporting purposes to ensure that they meet specific safety standards. RTAs must create, maintain, and distribute a RWP manual to document the RWP program and define RTA and rail transit worker responsibilities. This information will be collected no less than every two years via reports or thru the existing audit process. FTA has not created a template for an RWP manual. This is intentional, as FTA aims to support flexibility for RTAs to build compliant programs commensurate with agency size and complexity. Based on industry responses to FTA Advisory 14-1, FTA estimates the majority of RTAs already have formal standalone RWP programs. These agencies can tailor their existing programs as needed using their existing Safety Management System (SMS) processes with regulatory standards acting as a baseline. RTAs must document their programs and define responsibilities but can format the manual as they see fit.

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)

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2132-AB41	Proposed rulemaking	89 FR 20605	03/25/2024

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new information collection. The associated NPRM would require Rail Transit Agencies (RTAs) covered by the State Safety Oversight (SSO) program under 49 CFR part 674 (Part 674) to implement a minimum, baseline RWP program to provide a standardized and consistent approach to protecting roadway workers industry-wide, overseen and enforced by State Safety Oversight Agencies (SSOAs). Using the Federal standards as a baseline, FTA would expect RTAs to use their existing documented safety risk management processes to assess the associated safety risk and, based on the results of the safety risk assessment, identify the specific safety risk mitigations or strategies necessary to address the safety risk.

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

Agency Contact: Margaretta Veltri 202 366-5094

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