[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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