[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Rules and Regulations]
[Pages 69884-69886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29574]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 219 and 225
[FRA-98-4898, Notice No. 3]
RIN 2130-AB30
Annual Adjustment of Monetary Threshold for Reporting Rail
Equipment Accidents/Incidents--Calendar Year 2001
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule establishes at $6,600 the monetary threshold
for reporting railroad accidents/incidents involving railroad property
damage that occur during calendar year 2001. There is no change from
the reporting threshold for calendar year 2000. This action is needed
to ensure and maintain comparability between different years of data by
having the threshold keep pace with any increases or decreases in
equipment and labor costs so that each year accidents involving the
same minimum amount of railroad property damage are included in the
reportable accident counts. The reporting threshold was last reviewed
in 1999.
EFFECTIVE DATE: January 1, 2001.
FOR FURTHER INFORMATION CONTACT: Robert L. Finkelstein, Staff Director,
Office of Safety Analysis, RRS-22, Mail Stop 17, Office of Safety
Assurance and Compliance, FRA, 1120 Vermont Ave., N.W., Washington,
D.C. 20590 (telephone 202-493-6280); or Nancy L. Friedman, Trial
Attorney, Office of Chief Counsel, RCC-12, Mail Stop 10, FRA, 1120
Vermont Ave., N.W., Washington, D.C. 20590 (telephone 202-493-6034).
SUPPLEMENTARY INFORMATION:
Background
Each rail equipment accident/incident must be reported to FRA using
the Rail Equipment Accident/Incident Report (Form FRA F 6180.54). 49
CFR 225.19(b), (c). As revised in 1997, paragraphs (c) and (e) of 49
CFR 225.19, provide that the dollar figure that constitutes the
reporting threshold for rail equipment accidents/incidents will be
adjusted, if necessary, every year in accordance with the procedures
outlined in appendix B to part 225, to reflect any cost increases or
decreases. 61 FR 30942, 30969 (June 18, 1996); 61 FR 60632, 60634 (Nov.
29, 1996); 61 FR 67477, 67490 (Dec. 23, 1996).
New Reporting Threshold
Approximately one year has passed since the rail equipment
accident/incident reporting threshold was last reviewed, and
approximately three years since it was revised. 64 FR 69193 (Dec. 10,
1999); 63 FR 71790 (Dec. 30, 1998); 62 FR 63675 (Dec. 2, 1997).
Consequently, FRA has recalculated the threshold, as required by
Sec. 225.19(c), based on decreased costs for labor and increased costs
for equipment. FRA has determined that the current reporting threshold
of $6,600, which applies to rail equipment accidents/incidents that
occur during calendar year 2000, should remain the same for rail
equipment accidents/incidents that occur during calendar year 2001,
effective January 1, 2001.
Accordingly, Secs. 225.5 and 225.19 and appendix B have been
amended to state the reporting threshold for calendar year 2001 and the
most recent cost figures and the calculations made to determine that
threshold. Finally, the alcohol and drug regulations (49 CFR part 219)
have also been amended to reflect that the reporting threshold for
calendar year 2001 is $6,600.
Notice and Comment Procedures
In this rule, FRA has recalculated the monetary reporting threshold
based on the formula adopted, after notice and comment, in the final
rule published June 18, 1996, 61 FR 30959, 30969, and discussed in
detail in the final rule published November 29, 1996, 61 FR 30632. FRA
has found that both the current cost data inserted into this pre-
existing formula and the original cost data that they replace were
obtained from reliable Federal government sources. FRA has found that
this rule imposes no additional burden on any person, but rather
provides a benefit by permitting the valid comparison of accident data
over time. Accordingly, FRA has concluded that notice and comment
procedures are impracticable, unnecessary, and contrary to the public
interest. As a consequence, FRA is proceeding directly to this final
rule.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule has been evaluated in accordance with existing
regulatory policies and procedures and is considered to be a
nonsignificant regulatory action under DOT policies and procedures. 44
FR 11034 (Feb. 26, 1979). This final rule also has been reviewed under
Executive Order 12866 and is also considered ``nonsignificant'' under
that Order.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of rules to assess their impact on small entities,
unless the Secretary certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Pursuant to Section 312 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), FRA has published an interim
policy that formally establishes ``small entities'' as being railroads
that meet the line-haulage revenue requirements of a Class III
railroad. 62 FR 43024 (Aug. 11, 1997). For other entities, the same
dollar limit in revenues governs whether a railroad, contractor, or
other respondent is a small entity. About 645 of the approximately 700
railroads in the United States are considered small businesses by FRA.
FRA certifies that this final rule will have no significant economic
impact on a substantial number of small entities. To the extent that
this rule has any impact on small entities, the impact will be neutral
because the rule is maintaining, rather than increasing, their
reporting burden. The American Shortline and Regional Railroad
Association (ASLRRA) represents the interests of most small freight
railroads and some excursion railroads operating in the United States.
FRA field offices and the ASLRRA engage in various outreach activities
with small railroads. For instance, when new regulations are issued
that affect small railroads, FRA briefs the ASLRRA, which in turn
disseminates the information to its members and
[[Page 69885]]
provides training as appropriate. When a new railroad is formed, FRA
safety representatives visit the operation and provide information
regarding applicable safety regulations. The FRA regularly addresses
questions and concerns regarding regulations raised by railroads.
Because this rule is not anticipated to affect small railroads, FRA is
not providing alternative treatment for small railroads under this
rule.
Paperwork Reduction Act
There are no new information collection requirements associated
with this final rule. Therefore, no estimate of a public reporting
burden is required.
Federalism Implications
Executive Order 13132, entitled, ``Federalism,'' issued on August
4, 1999, requires that each agency ``in a separately identified portion
of the preamble to the regulation as it is to be issued in the Federal
Register, provide[] to the Director of the Office of Management and
Budget a federalism summary impact statement, which consists of a
description of the extent of the agency's prior consultation with State
and local officials, a summary of the nature of their concerns and the
agency's position supporting the need to issue the regulation, and a
statement of the extent to which the concerns of the State and local
officials have been met * * *.'' This rulemaking action has been
analyzed in accordance with the principles and criteria contained in
Executive Order 13132. This rule will not have a substantial direct
effect on States, on the relationship between the national government
and the States, or on the distribution of power and the
responsibilities among the various levels of government, as specified
in the Executive Order 13132. Accordingly, FRA has determined that this
rule will not have sufficient federalism implications to warrant
consultation with State and local officials or the preparation of a
Federalism Assessment. Accordingly, a Federalism Assessment has not
been prepared.
Environmental Impact
FRA has evaluated this regulation in accordance with its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999) as required by the National Environmental
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this regulation is not a major FRA action (requiring
the preparation of an environmental impact statement or environmental
assessment) because it is categorically excluded from detailed
environmental review pursuant to section 4(c)(20) of FRA's Procedures.
64 FR 28545, 28547, May 26, 1999. Section 4(c)(20) reads as follows:
(c) Actions Categorically Excluded. Certain classes of FRA
actions have been determined to be categorically excluded from the
requirements of these Procedures as they do not individually or
cumulatively have a significant effect on the human environment. * *
* The following classes of FRA actions are categorically excluded:
* * *
(20) Promulgation of railroad safety rules and policy statements
that do not result in significantly increased emissions of air or
water pollutants or noise or increased traffic congestion in any
mode of transportation.
In accordance with section 4(c) and (e) of FRA's Procedures, the agency
has further concluded that no extraordinary circumstances exist with
respect to this regulation that might trigger the need for a more
detailed environmental review. As a result, FRA finds that this
regulation is not a major Federal action significantly affecting the
quality of the human environment.
Unfunded Mandates Reform Act of 1995
Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more (adjusted
annually for inflation) in any 1 year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement'' detailing the
effect on State, local, and tribal governments and the private sector.
The final rule would not result in the expenditure, in the aggregate,
of $100,000,000 or more in any one year, and thus preparation of such a
statement is not required.
List of Subjects
49 CFR Part 219
Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad
safety, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Final Rule
In consideration of the foregoing, FRA amends parts 219 and 225,
title 49, Code of Federal Regulations as follows:
PART 219--CONTROL OF ALCOHOL AND DRUG USE
1. The authority citation for part 219 is revised to read as
follows:
Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20113, 20140,
21301, 21304; and 49 CFR 1.49.
2. By amending Sec. 219.5 by revising the first sentence in the
definition of Impact accident and by revising the definitions of
Reporting threshold and Train accident to read as follows:
Sec. 219.5 Definitions.
* * * * *
Impact accident means a train accident (i.e., a rail equipment
accident involving damage in excess of the current reporting threshold,
$6,300 for calendar years 1991 through 1996, $6,500 for calendar year
1997, and $6,600 for calendar years 1998 through 2001) consisting of a
head-on collision, a rear-end collision, a side collision (including a
collision at a railroad crossing at grade), a switching collision, or
impact with a deliberately-placed obstruction such as a bumping post. *
* *
* * * * *
Reporting threshold means the amount specified in Sec. 225.19(e) of
this chapter, as adjusted from time to time in accordance with appendix
B to part 225 of this chapter. The reporting threshold for calendar
years 1991 through 1996 is $6,300. The reporting threshold for calendar
year 1997 is $6,500. The reporting threshold for calendar years 1998
through 2001 is $6,600.
* * * * *
Train accident means a passenger, freight, or work train accident
described in Sec. 225.19(c) of this chapter (a ``rail equipment
accident'' involving damage in excess of the current reporting
threshold, $6,300 for calendar years 1991 through 1996, $6,500 for
calendar year 1997, $6,600 for calendar years 1998 through 2001),
including an accident involving a switching movement.
* * * * *
[[Page 69886]]
3. By amending Sec. 219.201 by revising the introductory text of
paragraphs (a)(1) and (a)(2), and by revising paragraph (a)(4) to read
as follows:
Sec. 219.201 Events for which testing is required.
(a) * * *
(1) Major train accident. Any train accident (i.e., a rail
equipment accident involving damage in excess of the current reporting
threshold, $6,300 for calendar years 1991 through 1996, $6,500 for
calendar year 1997, $6,600 for calendar years 1998 through 2001) that
involves one or more of the following:
* * * * *
(2) Impact accident. An impact accident (i.e., a rail equipment
accident defined as an ``impact accident'' in Sec. 219.5 of this part
that involves damage in excess of the current reporting threshold,
$6,300 for calendar years 1991 through 1996, $6,500 for calendar year
1997, and $6,600 for calendar years 1998 through 2001) resulting in--
* * * * *
(4) Passenger train accident. Reportable injury to any person in a
train accident (i.e., a rail equipment accident involving damage in
excess of the current reporting threshold, $6,300 for calendar years
1991 through 1996, $6,500 for calendar year 1997, and $6,600 for
calendar years 1998 through 2001) involving a passenger train.
* * * * *
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS [AMENDED]
1. The authority citation for part 225 is revised to read as
follows:
Authority: 49 U.S.C. 20103, 20107, 20901, 20902, 21302, 21311;
49 U.S.C. 103; 49 CFR 1.49.
2. By amending Sec. 225.19 by revising the first sentence of
paragraph (c) and paragraph (e) to read as follows:
Sec. 225.19 Primary groups of accidents/incidents.
* * * * *
(c) Rail equipment accidents/incidents are collisions, derailments,
fires, explosions, acts of God, and other events involving the
operation of on-track equipment (standing or moving) that result in
damages higher than the current reporting threshold (i.e., $6,300 for
calendar years 1991 through 1996, $6,500 for calendar year 1997, and
$6,600 for calendar years 1998 through 2001) to railroad on-track
equipment, signals, tracks, track structures, or roadbed, including
labor costs and the costs for acquiring new equipment and material. * *
*
* * * * *
(e) The reporting threshold is $6,300 for calendar years 1991
through 1996. The reporting threshold is $6,500 for calendar year 1997
and $6,600 for calendar years 1998 through 2001. The procedure for
determining the reporting threshold for calendar year 1997 and later
appears as appendix B to part 225.
* * * * *
4. Part 225 is amended by revising paragraphs 8 and 9 of appendix B
to read as follows:
Appendix B to Part 225--Procedure for Determining Reporting
Threshold
* * * * *
8. Formula:
[GRAPHIC] [TIFF OMITTED] TR21NO00.002
Where:
Prior Threshold = $6,600 (for rail equipment accidents/incidents
that occur during calendar year 2000)
Wn = New average hourly wage rate ($) = 17.763333
Wp = Prior average hourly wage rate ($) = 17.888333
En = New equipment average PPI value ($) = 135.63333
Ep = Prior equipment average PPI value ($) = 134.89166
9. The result of these calculations is $6,601.4157. Since the
result is rounded to the nearest $100, the new reporting threshold
for rail equipment accidents/incidents that occur during calendar
year 2001 is $6,600, which is the same as for calendar years 1998
through 2000.
Issued in Washington, DC, on November 9, 2000.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 00-29574 Filed 11-20-00; 8:45 am]
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