[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88133-88135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29309]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

RIN 2130-AC58


Update to Email Address for the Electronic Submission via the 
Internet of Certain Accident/Incident Reports

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule updates FRA's accident/incident reporting 
regulations to provide the current electronic mail address railroads 
must use to electronically submit to FRA certain accident/incident 
report forms.

DATES: Effective: December 7, 2016.

FOR FURTHER INFORMATION CONTACT: Kebo Chen, Staff Director, U.S. 
Department of Transportation, Federal Railroad Administration, Office 
of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room 
W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-
493-6079); or Gahan Christenson, Trial Attorney, U.S. Department of 
Transportation, Federal Railroad Administration, Office of Chief 
Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W33-435, 
1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-493-
1381).

SUPPLEMENTARY INFORMATION: This rule updates the electronic mail 
(email) address provided in 49 CFR part 225 for railroads to 
electronically submit certain FRA accident/incident report forms.\1\ 
Part 225 references the FRA email address in two places: Paragraph (c) 
of Sec.  225.27 and paragraph (c)(1) of Sec.  225.37. Those paragraphs 
direct railroads to submit the specified forms to the following email 
address: [email protected]. This FRA email address is out of date 
and no longer functional. Accordingly, in this rule FRA is updating the 
email address referenced in paragraph (c) of Sec.  225.27 and paragraph 
(c)(1) of Sec.  225.37 to the current email address where FRA can 
receive these reports. The current email address is: 
[email protected].
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    \1\ FRA is not simultaneously updating the email address in the 
FRA Guide for Preparing Accident/Incident Reports (Guide) because 
this final rule and updates on FRA's Web site, in addition to 
communication between FRA and individual railroads, makes it 
unnecessary to revise the Guide at this time.
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    Starting in 2013, FRA informed railroad reporting officers of the 
change in the email address in Sec. Sec.  225.27 and 225.37 and started 
transitioning to the new [email protected] email address. FRA 
established the [email protected] email address to avoid increased 
costs associated with the previous email address in the regulations. 
Until December 31, 2015, FRA accepted emailed accident/incident report 
forms at the email address in part 225 ([email protected]) and at 
[email protected], but the [email protected] email address no 
longer functions.
    This rule only updates the email address in the regulation and 
makes no other changes to part 225. FRA is issuing this final rule 
without providing an opportunity for prior to public notice and comment 
as the Administrative Procedure Act (APA) normally requires. See 5 
U.S.C. 553. The APA authorizes agencies to dispense with certain notice 
and comment procedures if the agency finds for good cause that notice 
and public procedure are impracticable, unnecessary, or contrary to the 
public interest. See 5 U.S.C. 553(b)(3)(B). Because this final rule 
makes no substantive amendment to FRA's regulations and only changes 
the email address for railroads to submit to FRA certain already 
required documents, FRA finds, for good cause, that notice and public 
comment is unnecessary, because the public would not benefit from such 
notice. Moreover, The scope of this regulatory change is very limited; 
FRA is merely replacing an outdated email address with a current email 
address.

Regulatory Evaluation

Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    FRA evaluated this final rule under existing policies and 
procedures and determined it to be a non-significant regulatory action 
under both Executive Orders 12866 and 13563 and DOT policies and 
procedures. See 44 FR 11034, Feb. 26, 1979. This final rule only 
updates the email address used by railroads to report certain accident/
incident forms to FRA, and makes no substantive changes to part 225's 
reporting requirements. This rule is necessary because the current 
email address is out of date and no longer accepts accident/incident 
report forms. Over the past three years, FRA has repeatedly notified 
railroads of the new email address that should be used for submitting 
accident/incident report forms. Consequently, most railroads already 
use the new email address referenced in this rule, but some do not and 
will need to do so under this final rule. These railroads will incur a 
minor administrative burden to make note of the new email address and 
revise their contact lists accordingly, in comparison to no change in 
the email address used to submit accident/incident report forms to FRA.
    The administrative burden to update the email address will depend 
on how the railroads submit accident/incident report forms to FRA. In 
general, railroads use the email address in two ways to submit 
accident/incident report forms. First, a railroad may manually enter 
the email address into its email program or electronic device (such as 
a multi-function printer) each time the railroad submits an accident/
incident report form to FRA. In this case, substituting the new email 
address for the old one would present no additional burden because the 
railroad would have had to enter an email address regardless. 
Furthermore, if occasionally updating email addresses is a regular part 
of a railroad reporting officer's duties (the employee most likely to 
submit accident/incident report forms to FRA), the burden of updating 
the email address is already taken into account. The railroad employee 
would only need to take note of the new email address, requiring a 
minimal amount of time.
    Second, a railroad may use an automated system to submit accident/
incident report forms to FRA. In such a system, the reporting officer 
would need to update, save and/or compile, and check for errors when 
using the new email address (such as entering in the email address 
wrong). These steps are standardized, and again, would require minimal 
time to update one email address. In addition, whether email addresses 
are entered manually, or stored in an automated system, the email 
address would only need to be updated once. Thus, given the small 
amount of time needed to revise the current email address to the new 
one, and one-time occurrence of the task, the costs associated with 
this change will be minimal.

[[Page 88134]]

    In sum, this final rule makes no substantive changes to part 225's 
reporting requirements. The rule only makes an administrative change to 
facilitate railroads submission of accident/incident forms to FRA. 
Thus, the rule imposes no significant additional costs, and creates no 
new significant benefits and FRA has determined further analysis under 
Executive Orders 12866, 13563 or DOT policies and procedures is not 
necessary.

Regulatory Flexibility Act and Executive Order 13272

    FRA developed this rule under Executive Order 13272 (``Proper 
Consideration of Small Entities in Agency Rulemaking'') and DOT's 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) to ensure potential impacts of 
rules on small entities are properly considered.
    The Regulatory Flexibility Act of 1980 (RFA) requires an agency to 
review regulations to assess their impact on small entities. An agency 
must conduct a regulatory flexibility analysis unless it determines and 
certifies that a rule is not expected to have a significant economic 
impact on a substantial number of small entities.
    This final rule simply updates an email address railroads use to 
electronically submit to FRA certain accident/incident report forms. 
This rule does not contain any new substantive regulatory requirements. 
As a result, this rule will impose no new compliance costs on small 
entities other than those minimal potential costs outlined above in the 
Regulatory Evaluation section. Under the RFA, the Administrator of FRA 
certifies this final rule will have no significant economic impact on a 
substantial number of small entities.
    Furthermore, FRA has determined the RFA does not apply to this 
rulemaking because FRA is not publishing a proposed rule in this 
proceeding. Given the minor change to replace an outdated email address 
with a current email address and FRA's finding that notice and public 
comment is unnecessary and would serve no public benefit, per guidance 
from the Small Business Administration, the RFA does not apply. See A 
Guide for Government Agencies: How to Comply with the Regulatory 
Flexibility Act, Small Business Administration, Office of Advocacy (May 
2012, p.55).

Paperwork Reduction Act

    There are no new or additional information collection requirements 
associated with this final rule. FRA's collection of accident/incident 
reporting and recordkeeping information is currently approved under OMB 
No. 2130-0500. Therefore, FRA is not required to provide an estimate of 
a public reporting burden in this document.

Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), 
requires FRA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' are defined in the Executive Order 
to include regulations that have ``substantial direct effects 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.'' Under Executive Order 13132, the agency 
may not issue a regulation with federalism implications that imposes 
substantial direct compliance costs and that is not required by 
statute, unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local 
governments, or the agency consults with State and local government 
officials early in the process of developing the regulation. Where a 
regulation has federalism implications and preempts State law, the 
agency seeks to consult with State and local officials in the process 
of developing the regulation.
    FRA analyzed this final rule under the principles and criteria 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. In addition, FRA determined this rule 
does not impose substantial direct compliance costs on State and local 
governments. Accordingly, FRA concluded the consultation and funding 
requirements of Executive Order 13132 do not apply and preparation of a 
federalism assessment is not required.

Environmental Impact

    FRA evaluated this final rule under 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 this final rule 
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 under 
section 4(c)(20) of FRA's Procedures. See 64 FR 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 or air or 
water pollutants or noise or increased traffic congestion in any 
mode of transportation.

    Consistent with section 4(c)(20) of FRA's Procedures, FRA 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 this rule is not a major 
Federal action significantly affecting the quality of the human 
environment.

Unfunded Mandates Reform Act of 1995

    Under 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. This final rule will not result in the expenditure of 
more than $156,000,000 by the public sector in any one year. Thus, 
preparation of such a statement is not required.

[[Page 88135]]

Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a 
Statement 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 a 
notice of inquiry, advance notice of proposed rulemaking, and notice of 
proposed rulemaking) that (1)(i) 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) is designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
FRA has evaluated this rule under Executive Order 13211. FRA has 
determined this rule will not have a significant adverse effect on the 
supply, distribution, or use of energy, and, thus, is not a 
``significant energy action'' under Executive Order 13211.

Executive Order 12898 (Environmental Justice)

    Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, and DOT 
Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to 
achieve environmental justice as part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects, including interrelated social 
and economic effects, of their programs, policies, and activities on 
minority populations and low-income populations. The DOT Order 
instructs DOT agencies to address compliance with Executive Order 12898 
and requirements within the DOT Order in rulemaking activities, as 
appropriate. FRA evaluated this final rule under Executive Order 12898 
and the DOT Order and determined it would not cause disproportionately 
high and adverse human health and environmental effects on minority or 
low-income populations.

Executive Order 13175 (Tribal Consultation)

    FRA evaluated this final rule under the principles and criteria in 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, dated November 6, 2000. The final rule would not have a 
substantial direct effect on one or more Indian tribes, would not 
impose substantial direct compliance costs on Indian tribal 
governments, and would not preempt tribal laws. Therefore, the funding 
and consultation requirements of Executive Order 13175 do not apply, 
and a tribal summary impact statement is not required.

Trade Impact

    The Trade Agreements Act of 1979 19 U.S.C. 2501 et seq.) prohibits 
Federal agencies from engaging in any standards setting or related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Legitimate domestic objectives, such as safety, are 
not considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. FRA assessed the potential effect 
of this final rule on foreign commerce and concluded its requirements 
are consistent with the Trade Agreements Act.

Privacy Act

    Interested parties should be aware that anyone can search the 
electronic form of all written comments received into any agency docket 
by the name of the individual submitting the comment (or signing the 
comment, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register (65 FR 19477-19478, Apr. 11, 2000) or you may 
visit http://www.transportation.gov/privacy.

List of Subjects in 49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

The Rule

    In consideration of the foregoing, FRA amends part 225 of chapter 
II, subtitle B of title 49, Code of Federal Regulations, as follows:

PART 225--[AMENDED]

0
1. The authority citation for part 225 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


0
2. Amend Sec.  225.27 by revising the first sentence of paragraph (c) 
to read as follows:


Sec.  225.27  Retention of records.

* * * * *
    (c) Each railroad shall retain the original hard copy of each 
completed and signed Form FRA F 6180.55, ``Railroad Injury and Illness 
Summary,'' that the railroad submits to FRA on optical media (CD-ROM) 
or electronically via the Internet to [email protected] for at 
least five years after the calendar year to which it relates. * * *
* * * * *

0
3. Amend Sec.  225.37 by revising paragraph (c)(1) introductory text to 
read as follows:


Sec.  225.37  Optical media transfer and electronic submission.

* * * * *
    (c)(1) Each railroad utilizing the electronic submission via the 
Internet option shall submit to FRA at [email protected]:
* * * * *

    Issued in Washington, DC, on December 1, 2016.
Amitabha Bose,
Acting Administrator.
[FR Doc. 2016-29309 Filed 12-6-16; 8:45 am]
BILLING CODE 4910-06-P