[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Rules and Regulations]
[Pages 69193-69195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30666]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 219 and 225
[FRA-98-4898, Notice No. 2]
RIN 2130-AB30
Annual Adjustment of Monetary Threshold for Reporting Rail
Equipment Accidents/Incidents and Other Technical Amendment
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 2000. There is no change from
the reporting threshold for calendar year 1999. 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 1998. In addition, a typographical error in a threshold provision is
corrected.
EFFECTIVE DATE: January 1, 2000.
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., NW, Washington, DC
20590 (telephone
[[Page 69194]]
202-493-6280); or Nancy L. Friedman, Trial Attorney, Office of Chief
Counsel, RCC-12, Mail Stop 10, FRA, 1120 Vermont Ave., NW, Washington,
DC 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 two years since it was revised. 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 1999,
should remain the same for rail equipment accidents/incidents that
occur during calendar year 2000, effective January 1, 2000.
Accordingly, Secs. 225.5 and 225.19 and Appendix B have been
amended to state the reporting threshold for calendar year 2000 and the
most recent cost figures and the calculations made to determine that
threshold. Finally, the alcohol and drug regulations (49 CFR part 219)
are also amended to reflect that the reporting threshold for calendar
year 2000 is $6,600.
Correction
In reviewing the reporting threshold, FRA noticed a typographical
error in the definition of ``rail equipment accident/incident.'' The
italicized words in the present definition, which follows, were
introduced by mistake, were not given effect, and do not make sense;
therefore, they are being deleted:
Rail equipment accidents/incidents are collisions, derailments,
fires, explosions, acts of God, or other events involving the
operation of railroad on-track equipment, signals, track, track
equipment (standing or moving) that result in damages greater 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 1999) to railroad on-track equipment, signals,
tracks, track structures, or roadbed, including labor costs and the
costs for acquiring new equipment and material.
49 CFR 225.19(c).
Notice and Comment Procedures
In this rule, FRA recalculates 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
finds 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 also corrects a typographical
error in the definition of ``rail equipment accident/incident.'' FRA
finds 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 concludes 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; February 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.
This final rule will have no new significant direct or indirect
economic impact on small units of government, business, or other
organizations. To the extent that this rule has any impact on small
units, the impact will be neutral because the rule is maintaining,
rather than increasing, their reporting burden.
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.
Environmental Impact
This final rule will not have any identifiable environmental
impact.
Federalism Implications
This final rule will not have a substantial effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Thus, in accordance with Executive Order 12612,
preparation of a Federalism Assessment is not warranted.
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--[AMENDED]
1. The authority citation for part 219 continues to read as
follows:
Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20113, 20140,
21301, 21304; and 49 CFR 1.49(m).
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 2000) 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. *
* *
* * * * *
[[Page 69195]]
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 2000 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 2000),
including an accident involving a switching movement.
* * * * *
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 2000) 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 2000) 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 2000) involving a passenger train.
* * * * *
PART 225--[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 (c), (g), and (m).
2. In Sec. 225.19, by revising the first sentence of paragraph (c)
and by revising 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 2000) 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 2000. The procedure for
determining the reporting threshold for calendar year 1997 and later
appears as appendix B to part 225.
3. 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] TR10DE99.023
Where:
Prior Threshold = $6,600 (for rail equipment accidents/incidents that
occur during calendar year 1999)
Wn = New average hourly wage rate ($) = 17.888333
Wp = Prior average hourly wage rate ($) = 18.085000
En = New equipment average PPI value ($) = 134.89166
Ep = Prior equipment average PPI value ($) = 134.49166
9. The result of these calculations is $6,577.3144. Since the
result is rounded to the nearest $100, the new reporting threshold for
rail equipment accidents/incidents that occur during calendar year 2000
is $6,600, which is the same as for calendar years 1998 through 1999.
Issued in Washington, DC, on November 15, 1999.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 99-30666 Filed 12-9-99; 8:45 am]
BILLING CODE 4910-06-P