The Federal Railroad Administration (FRA), part of the Department of Transportation (DOT), has issued a notice in the Federal Register requesting public comments on the renewal of an Information Collection Request (ICR) under the Paperwork Reduction Act of 1995 (PRA). Published on December 3, 2025, in Volume 90, Number 230, this notice pertains to OMB Control Number 2130-0525, titled 'Certification of Glazing Materials.' It invites feedback by February 2, 2026, on aspects such as the necessity, accuracy, and potential improvements to the collection process. This development underscores ongoing efforts to balance railroad safety requirements with administrative efficiency, particularly following recent regulatory amendments that have streamlined compliance for certain equipment.
Background on the Paperwork Reduction Act and FRA's Role
The PRA requires federal agencies to obtain approval from the Office of Management and Budget (OMB) for any information collection activities that impose burdens on the public, ensuring these collections are necessary and minimize paperwork. FRA, responsible for promoting railroad safety, uses this ICR to enforce requirements in 49 CFR part 223, which governs the certification and marking of glazing materials—such as windows and windshields—on locomotives, passenger cars, and cabooses. These standards aim to protect against hazards like propelled objects, mandating that manufacturers certify materials meet specific safety criteria and provide verification data upon request.
The ICR's origins trace back to safety glazing regulations established to enhance protection in rail operations. For context, part 223 was developed in response to historical incidents where inadequate glazing led to injuries from debris or vandalism. FRA's oversight ensures that railroads and manufacturers adhere to these rules, with the information collection serving as a mechanism for accountability. This renewal notice follows a 2022 final rule, 'Safety Glazing Standards; Codifying Existing Waivers and Adding Test Flexibility,' published in the Federal Register on November 17, 2022 (87 FR 68913), which incorporated long-standing waivers into the regulation, reducing the need for repeated waiver submissions.
Details of the Proposed Information Collection
The ICR focuses on two main requirements under part 223. First, manufacturers must certify in writing that glazing materials comply with the regulation's standards, as outlined in appendix A, paragraph (b)(16). This involves providing documentation that materials have undergone required testing for impact resistance and other properties. Second, for certain equipment used in excursion, educational, recreational, or private transportation—such as historic trains—section 223.3(c) requires marking tools like small hammers with clear instructions for emergency window removal.
FRA estimates that this collection affects 25 railroads and three manufacturers, with no forms involved. The frequency is on occasion, triggered by manufacturing or equipment preparation. Key activities include producing 10 certifications annually, each taking about 30 minutes, and marking 200 tools with instructions, also at 30 minutes each. Notably, the notice excludes the burden for identifying and marking each unit of glazing material, deeming it a usual and customary manufacturing practice not covered under the PRA.
Adjustments to Burden Estimates
FRA has revised its burden calculations, reducing the total estimated annual hours from 262 to 105, and responses from 25,426 to 210. This adjustment stems from several factors. For section 223.3(c), the agency refined its estimate of windows requiring marked tools, cutting the burden by 100 hours to better reflect actual usage in low-risk, low-speed operations.
The 2022 final rule played a significant role by exempting pre-1980 locomotives, cabooses, and passenger cars operated at speeds up to 30 miles per hour in low-risk areas from full compliance. This eliminated the need for waiver requests under sections 223.11, 223.13, and 223.15, reducing the burden by five hours. Additionally, FRA determined that marking individual glazing units during production is an industry standard, excluding it from PRA coverage and subtracting 52 hours.
These changes result in a total estimated annual burden of 105 hours, with a dollar cost equivalent of $7,405.65, based on wage rates from the Surface Transportation Board's 2023 data. Professional staff time is calculated at $89.13 per hour (including benefits), and maintenance staff at $69.60 per hour.
Perspectives on the ICR Renewal
Stakeholders may view this renewal differently. Railroads and manufacturers could appreciate the reduced burden, as it aligns with the PRA's goal of minimizing paperwork while maintaining safety. For instance, the exemption for older equipment in limited use addresses practical concerns for heritage railways, which often operate under waivers. Public safety advocates might emphasize the importance of robust certification to prevent accidents, citing past cases where glazing failures contributed to injuries.
From a regulatory perspective, this ICR supports FRA's enforcement capabilities without overreach. Legal precedents, such as those from FRA's rulemaking processes, highlight the agency's authority under the Federal Railroad Safety Act to impose such requirements. However, critics of administrative burdens might argue for further automation, as suggested in the notice's invitation for comments on using technology to streamline collections.
Implications for Railroad Safety and Administration
Short-term, this notice opens a 60-day comment period, allowing input that could refine the ICR before OMB review. Long-term, successful renewal ensures continued compliance with glazing standards, potentially influencing future rulemakings on rail equipment safety. Different viewpoints exist: industry groups may push for more flexibility, while labor unions could advocate for stricter enforcement to protect workers.
In conclusion, FRA's proposed ICR renewal reflects a calibrated approach to safety regulation, incorporating recent efficiencies. Potential next steps include FRA summarizing comments in a subsequent notice and submitting to OMB, which may approve, modify, or deny the request. Ongoing debates could center on balancing innovation in glazing technology with regulatory burdens, or addressing emerging risks in high-speed rail. Challenges remain in adapting to evolving industry practices, ensuring that safety measures evolve without unnecessary administrative hurdles. (Word count: 912)
