[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71790-71791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34186]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA-98-4898, Notice No. 1]
[RIN 2130-AB30]


Annual Adjustment of Monetary Threshold for Reporting Rail 
Equipment Accidents/Incidents

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 1999. There is no change from 
the reporting threshold for calendar year 1998. 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 
and changed in 1997.

EFFECTIVE DATE: January 1, 1999.

FOR FURTHER INFORMATION CONTACT: Robert L. Finkelstein, Staff Director, 
Office of Safety Analysis, RRS-22, Mail Stop 25, Office of Safety 
Assurance and Compliance, FRA, 400 Seventh Street, S.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, 400 
Seventh Street, S.W., Washington, D.C. 20590 (telephone 202-493-6034).

SUPPLEMENTARY INFORMATION:

Background

    Rail equipment accidents/incidents are collisions, derailments, 
explosions, fires, acts of God, and other events (including grade 
crossing accidents) involving the operation of standing or moving on-
track equipment that result in damages higher than the current 
reporting threshold to railroad on-track equipment, signals, track, 
track structures, or roadbed, including labor costs and the costs for 
acquiring new equipment and material. 49 CFR 225.19(b),(c). Each rail 
equipment accident/incident must be reported to FRA using the Rail 
Equipment Accident/Incident Report (Form FRA F 6180.54). Id. 
    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

    One year has passed since the accident/incident reporting threshold 
was last reviewed and revised. 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 decreased costs 
for material. FRA has determined that the current reporting threshold 
of $6,600, which applies to rail equipment accidents/incidents that 
occur during calendar year 1998, should remain the same for calendar 
year 1999, effective January 1, 1999.
    Accordingly, Secs. 225.5 and 225.19, and Appendix B have been 
amended to state the reporting threshold for calendar year 1999 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 1999 is $6,600.

Notice and Comment Procedures

    In this rule, FRA merely 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 further 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 
further 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 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

[[Page 71791]]

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.

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 1999) 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 1999 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, and $6,600 for calendar years 1998 through 1999), 
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, and $6,600 for calendar years 1998 through 1999) 
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 1999) 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 1999) involving a passenger train.
* * * * *

PART 225--[AMENDED]

    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(c), (g), and (m).
    2. By amending Sec. 225.19(c) by removing the phrase ``and $6,600 
for calendar year 1998)'' and by adding in its place '', and $6,600 for 
calendar years 1998 through 1999)''.
    3. By revising Sec. 225.19(e) to read as follows:


Sec. 225.19  Primary groups of accidents/incidents.

* * * * *
    (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 1999. 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] TR30DE98.057
    
Where:
Prior Threshold = $6,600 (for rail equipment accidents/incidents that 
occur during calendar year 1998)
Wn=New average hourly wage rate ($)=18.085000
Wp=Prior average hourly wage rate ($)=17.990833
En=New equipment average PPI value ($)=134.49166
Ep=Prior equipment average PPI value ($)=135.91666
    9. The result of these calculations is $6,570.2472. Since the 
result is rounded to the nearest $100, the new reporting threshold for 
rail equipment accidents/incidents that occur during calendar year 1999 
remains at $6,600.
    Issued in Washington, D.C., on December 21, 1998.
Donald M. Itzkoff,
Deputy Administrator, Federal Railroad Administration.
[FR Doc. 98-34186 Filed 12-29-98; 8:45 am]
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