[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Rules and Regulations]
[Pages 15725-15727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8051]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 659

[FTA-A-2002-11440]
RIN 2132-AA69


Rail Fixed Guideway Systems; State Safety Oversight

AGENCY: Federal Transit Administration, DOT.

ACTION: Direct final rule.

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SUMMARY: The Federal Transit Administration (FTA) is revising the 
definition of ``accident'' as used in the State Safety Oversight 
regulation to achieve consistency with the reporting requirements of 
the revised Safety and Security Module of the National Transit Database 
(NTD), updated February 2002. The term and definition of ``accident'' 
is removed and replaced with the term and definition ``major 
incident.''

DATES: This rule is effective July 2, 2002 unless a written adverse 
comment, or written notice of intent to submit an adverse comment, 
reaches the Docket Management Facility on or before June 3, 2002. If an 
adverse comment, or notice of intent to submit an adverse comment, is 
received, FTA will

[[Page 15726]]

withdraw this direct final rule and publish a notice of withdrawal in 
the Federal Register.

ADDRESSES: You may mail your comments to the United States Department 
of Transportation, Docket Management Facility, PL-401, 400 Seventh 
Street SW., Washington, DC 20590. Written comments must refer to the 
above docket number. All comments received will be available for 
inspection at the above address from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays. Those desiring the agency to 
acknowledge receipt of their comments should include a self-addressed 
stamped postcard with their comments. You may also access this docket 
on the Internet at http://dms.dot.gov. The fax number is (202) 493-
2251.

FOR FURTHER INFORMATION CONTACT: For questions regarding this rule, 
contact Jerry Fisher or Roy Field, Office of Safety and Security, FTA, 
telephone 202-366-2233, fax 202-366-7951. For questions on viewing or 
submitting material to the docket, contact Dorothy Beard, Chief, 
Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    FTA encourages interested persons to participate in this rulemaking 
by submitting written data, views, or arguments. Persons submitting 
comments should include their names and addresses, identify this 
rulemaking [FTA 2002-11440] and the specific section of this document 
to which each comment applies, and give the reason for each comment. 
Please submit all comments and attachments in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing to the Docket Management Facility at the address under ADDRESSES 
above. You may submit your comments and material by mail, hand 
delivery, fax, or electronic means to the Docket Management Facility at 
the address under ADDRESSES, but please submit your comments and 
materials by only one means. FTA will consider all comments and 
material received during the comment period.

Regulatory Information

    The FTA is publishing a direct final rule because it anticipates no 
adverse comment. If no adverse comment or written notice of intent to 
submit an adverse comment is received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days before the effective date, FTA will 
publish a document in the Federal Register stating that no adverse 
comment was received and confirming that this rule will become 
effective as scheduled. However, if FTA receives a written adverse 
comment or written notice of intent to submit an adverse comment, it 
will publish a document in the Federal Register announcing withdrawal 
of all or part of this rule. If FTA decides to proceed with a 
rulemaking following receipt of an adverse comment, FTA will publish a 
separate Notice of Proposed Rulemaking (NPRM) and provide a new 
opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or why it would be ineffective or 
unacceptable without a change.

Background and Purpose

    This rulemaking will remove the term ``accident'' under this 
section and add in its place the definition and term ``major 
incident.'' This action is taken because FTA's review of the NTD, as 
mandated by the Department of Transportation's FY 2000 Appropriations 
Act, resulted in revisions of the Safety and Security Module of the NTD 
``Reporting Manual for 2002.'' Consequently, the definition of 
``accident'' in Part 659.5 has been removed and replaced with the 
definition and term ``major incident'' in this part. The amended 
reporting criteria include an expanded field of causal events and 
reporting thresholds. ``Major Incidents'' include both safety and 
security occurrences that involve fatalities, multiple injuries, 
property damage and evacuations resulting from both accidents and 
crimes.
    FTA solicited input from NTD stakeholders, which include rail 
transit agencies reporting to State Oversight Agencies as required by 
the State Safety Oversight regulations. It was apparent that two 
accident/incident reporting definitions would cause confusion, generate 
inconsistent data, and create an additional burden for rail transit 
reporters.
    Although this rule consists of a change in definition and conforms 
this section with the NTD reporting requirement, it is emphasized that 
the reporting requirement of Sec. 659.39, which permits the State 
Oversight Agency to specify the period of time in which an affected 
agency must report accidents/major incidents, has not been changed.

Regulatory Evaluation

    This direct final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. Since the rule is not significant under this Order, it has 
not been reviewed by the Office of Management and Budget. It is not 
significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; February 26, 1979). 
The Federal Transit Administration (FTA) expects the economic impact of 
this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary.
    This direct final rule would remove the phrase and definition of 
``accident'' in 49 CFR part 659 and add in its place the phrase and 
definition of ``major incident'' in order to be consistent with the 
revised reporting requirements of the NTD. Consequently, this rule 
would not impose any mandatory cost on the agencies it involves. Any 
incremental costs are negligible, and the policy and economic impact 
will have no significant effect.

Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FTA considers whether this rule will have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    FTA expects that this rule would have a minimal economic impact on 
small entities. It will provide greater clarity and ease of 
implementation for small entities by conforming FTA's regulatory 
definition to that of the NTD.

Paperwork Reduction Act

    This rule includes information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PWRA) (44 U.S.C. 3501, et. seq.) 
The Office of Management and Budget approved FTA's PWRA request for 
part 659 under OMB 2132-0558. This rule includes the same information 
collection previously approved by OMB.

Executive Order 13132

    FTA has analyzed this rule under the principles and criteria 
contained in Executive Order 13132, and has determined that this rule 
does not have sufficient implications for Federalism to

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warrant the preparation of a Federalism Assessment. This rulemaking 
only removes the definition and term accident in part 659 and replaces 
it with the definition and phrase ``major incident;'' therefore a 
Federal assessment is unnecessary.

Other Executive Orders

    There are a number of other Executive Orders that can affect 
rulemakings. These include Executive Orders 13084 (Consultation and 
Coordination with Indian Tribal Governments), 12988 (Civil Justice 
Reform), 12875 (Enhancing the Intergovernmental Partnership), 12630 
(Governmental Actions and Interference with Constitutionally Protected 
Property Rights), 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations), 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks), and 12889 (Implementation of North American Free Trade 
Agreement). We have considered these Executive Orders in the context of 
this rule, and we believe that the rule does not directly affect the 
matters covered by the Executive Orders.

List of Subjects in 49 CFR Part 659

    Railroads.

    For the reasons discussed in the preamble, FTA amends 49 CFR Part 
659 as follows:

PART 659--RAIL FIXED GUIDEWAY SYSTEMS: STATE SAFETY OVERSIGHT

    1. The authority citation for Part 659 continues to read as 
follows:

    Authority: 49 U.S.C. 5330.


    2. Amend Sec. 659.5 by removing the definition for ``Accident'' and 
adding in alphabetical order a new definition for ``Major Incident'' 
and revising the definition for ``Investigation'' as follows:


Sec. 659.5  Definitions.

    Investigation means a process to determine the probable cause of a 
major incident or an unacceptable hazardous condition; it may involve 
no more than a review and approval of the transit agency's 
determination of the probable cause of a major incident or unacceptable 
hazardous condition.
    Major Incident means any event involving a transit vehicle or 
occurring on a transit-controlled property, involving one or more of 
the following:
    (1) A fatality;
    (2) Injuries requiring immediate medical attention away from the 
scene for two or more persons;
    (3) Property damage equal to or exceeding $25,000;
    (4) An evacuation due to life safety reasons;
    (5) A collision at a grade crossing;
    (6) A main-line derailment;
    (7) A collision with person(s) on a right-of-way resulting in 
injuries that require immediate medical attention away from the scene 
for one or more persons; and
    (8) A collision between a rail transit vehicle and other rail 
transit vehicle or a transit non-revenue vehicle resulting in injuries 
that require immediate medical attention away from the scene for one or 
more persons.
* * * * *


Sec. 659.39  [Amended]

    3. Amend Sec. 659.39 by removing the word ``accidents'' from the 
paragraph and section heading and add in its place the words ``major 
incidents.''


Sec. 659.41  [Amended]

    4. Amend Sec. 659.41 by removing the word ``accidents'' in 
paragraphs (a) and (b) and add in its place the word ``major 
incidents.''


Sec. 659.45  [Amended]

    5. Amend Sec. 659.45 by removing the word ``accidents'' in 
paragraphs (b) and (c) and add in its place the word ``major 
incidents.''

    Dated: March 28, 2002.
Jennifer L. Dorn,
Administrator, Federal Transit Administration.
[FR Doc. 02-8051 Filed 4-2-02; 8:45 am]
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