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Annual Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents--Calendar Year 2002
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Rules and Regulations]
[Page 66346-66348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-17]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[FRA-1998-4898, Notice No. 4]
RIN 2130-AB30
Annual Adjustment of Monetary Threshold for Reporting Rail
Equipment Accidents/Incidents--Calendar Year 2002
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule establishes at $6,700 the monetary threshold
for reporting railroad accidents/incidents involving railroad property
damage that occur during calendar year 2002. The monetary threshold of
$6,700 for calendar year 2002 represents an $100 increase over last
year's monetary threshold of $6,600. 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.
EFFECTIVE DATE: January 1, 2002.
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 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 four 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 increased 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 2001, should increase by $100 to $6,700 for
the same rail equipment accidents/incidents that occur during calendar
year 2002, effective January 1, 2002.
Accordingly, Secs. 225.5 and 225.19 and appendix B have been
amended to state the reporting threshold for calendar year 2002 and the
most recent cost figures and the calculations made to determine that
threshold.
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
[[Page 66347]]
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 (Public Law 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 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
(Public Law 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.
Energy Impact
Executive Order 13211 requires Federal agencies to prepare a
Statement
[[Page 66348]]
of Energy Effects for any ``significant energy action.'' 66 FR 28355
(May 22, 2001). Under the Executive Order, a ``significant energy
action'' is defined as any action by an agency (normally published in
the Federal Register) that promulgates or is expected to lead to the
promulgation of a final rule or regulation (including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking) (1)(i) that is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this final rule in accordance with Executive
Order 13211. FRA has determined that this final rule will not have a
significant adverse effect on the supply, distribution, or use of
energy and the Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action.
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 225, title 49,
Code of Federal Regulations as follows:
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS
1. The authority citation for part 225 continues 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 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, $6,600
for calendar years 1998 through 2001, and $6,700 for calendar year
2002) 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,
$6,600 for calendar years 1998 through 2001, and $6,700 for calendar
year 2002. 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] TR26DE01.152
Where:
Prior Threshold = $6,600 (for rail equipment accidents/incidents
that occur during calendar year 2001);
Wn = New average hourly wage rate ($) = 18.188333;
Wp = Prior average hourly wage rate ($) = 17.763333;
En = New equipment average PPI value ($) =135.733333;
Ep = Prior equipment average PPI value ($) = 135.633333.
9. The result of these calculations is $6,682.254777. Since the
result is rounded to the nearest $100, the new reporting threshold
for rail equipment accidents/incidents that occur during calendar
year 2002 is $6,700, which represents an $100 increase from the
monetary threshold for calendar years 1998 through 2001.
Issued in Washington, DC on December 17, 2001.
Allan Rutter,
Administrator, Federal Railroad Administration.
[FR Doc. 01-31521 Filed 12-21-01; 8:45 am]
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