; and (B) conduct the audits described in subparagraph (A)(ii) in accordance with— (i) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); and (ii) appendix C of part 209 of title 49, Code of Federal Regulations. (3) Updates to inspection program If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection program, the railroad shall update the program to eliminate such deficiency. (4) Consultation and cooperation (A) Consultation In conducting any audit required under this subsection, the Secretary shall consult with the railroad being audited and its employees, including any nonprofit employee labor organization representing the mechanical employees of the railroad. (B) Cooperation The railroad being audited and its employees, including any nonprofit employee labor organization representing mechanical employees, shall fully cooperate with any audit conducted pursuant to this subsection— (i) by providing any relevant documents requested; and (ii) by making available any employees for interview without undue delay or obstruction. (C) Failure to cooperate If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such noncooperation. (c) Review of regulations The Secretary shall triennially determine whether any update to part 215 of title 49, Code of Federal Regulations, is necessary to ensure the safety of rail cars transported by rail carriers. (d) Annual report The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— (1) summarizes the findings of the prior year's audits