Use of Locomotive Horns at Highway-Rail Grade Crossings; Technical Amendments to Appendix D, 44790-44792 [07-3871]
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44790
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
CERCLA are necessary. Therefore, EPA
is deleting the Site from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective October 9, 2007
unless EPA receives adverse comments
by September 10, 2007. If adverse
comments are received within the 30day public comment period, EPA will
publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion and it will
not take effect and, EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals,
Hazardous substances, Hazardous
waste, Superfund, Water pollution
control, Water supply.
Dated: July 23, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
40 CFR part 300 is amended as
follows:
I
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Appendix B—[Amended]
2. Table 1 of Appendix B to Part 300
is amended by removing the site
‘‘Rochester Property, Travelers Rest,
SC.’’
I
[FR Doc. E7–15332 Filed 8–8–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 222
[Docket No. FRA–2007–27285, Notice
No. 1]
RIN 2130–AB86
jlentini on PROD1PC65 with RULES
Use of Locomotive Horns at HighwayRail Grade Crossings; Technical
Amendments to Appendix D
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Direct final rule.
AGENCY:
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17:01 Aug 08, 2007
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SUMMARY: This direct final rule makes
technical amendments to appendix D of
part 222 of the Code of Federal
Regulations to update information
contained in the appendix and direct
the public to the most recent value of
the Nationwide Significant Risk
Threshold (NSRT). The amendments are
intended to eliminate confusion
regarding the data and calculations that
will be used to determine the NSRT on
an annual basis. Interested parties may
submit written adverse comments or
request an oral hearing on these
amendments during the thirty (30) day
period following publication of this
direct final rule.
DATES: Effective Date: Unless FRA
receives written adverse comment or a
request for an oral hearing on this direct
final rule, the effective date will be
October 9, 2007.
Written Comments: Comments or a
request for an oral hearing must be
received by September 10, 2007.
ADDRESSES: You may submit comments
identified by DOT DMS Docket Number
FRA–2007–27285 by any of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Room W12–140 on
the West Building Ground Floor, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal e-Rulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
name and docket number or Regulatory
Identification Number (RIN) for this
rulemaking. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided. Please
see the Privacy Act heading later in this
document for more information.
Docket: For access to the docket to
read comments received, go to https://
dms.dot.gov at any time or go to Room
W12–140 on the West Building Ground
Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ronald Ries, Office of Safety, Mail Stop
PO 00000
Frm 00066
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25, FRA, 1120 Vermont Avenue, NW.,
Washington, DC 20590 (telephone: (202)
493–6299); or Kathryn Shelton, Office of
Chief Counsel, Mail Stop 10, FRA, 1120
Vermont Avenue, NW., Washington, DC
20590 (telephone: (202) 493–6038).
SUPPLEMENTARY INFORMATION:
Background
Appendix D of part 222 of title 49 of
the Code of Federal Regulations was
included in the interim final rule (68 FR
70586) in order to provide additional
information about the calculations
underlying various risk calculations
discussed within the part. Even though
a minor modification was made to
appendix D when the final rule was
issued (70 FR 21844, April 27, 2005),
the appendix was not revised to reflect
necessary variations in the data that
would be used in future risk index
calculations.
Changes to Appendix D
FRA has determined that appendix D
needs to be revised in order to eliminate
confusion about the data that will be
used in certain risk index calculations.
As currently written, portions of
appendix D contain specific numbers
and dates that are required to be revised
on an annual basis, in order to properly
calculate the NSRT. For example, in
paragraph (e) under the section titled
‘‘Risk Index’’, a specific value is listed
for the total number of collisions
identified over a five-year period.
However, each year that the NSRT is
recalculated, this number and the date
range will need to change. Otherwise,
the NSRT value will not accurately
reflect current risk levels at gated
crossings nationwide where train horns
are routinely sounded. Therefore, FRA
is revising appendix D by removing
references to specific numbers and dates
that will change from year to year and
simply leaving the relevant formulas.
(Actual numbers will be provided in
annual Federal Register notices
announcing FRA’s recalculation of the
NSRT value.) FRA believes these
technical amendments will avoid any
misunderstanding or confusion over
how the NSRT is calculated.
Notice and Comment Procedures
FRA has determined that these
technical amendments to appendix D
are nonsubstantive clarifications that
will make the appendix more accurate,
without changing the actual risk index
calculations that were contained in the
final rule. While FRA does not
anticipate any adverse comment,
interested parties may submit written
adverse comments or request an oral
hearing on these amendments during
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
the thirty (30) day period immediately
following publication of this direct final
rule.
Regulatory Impact
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rule has been evaluated in
accordance with existing policies and
procedures, and determined to be nonsignificant under both Executive Order
12866 and DOT policies and procedures
(44 FR 11034 (Feb. 26, 1979)).
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601–612) requires a review of
proposed and final 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 (Pub. L. 104–121),
FRA has issued a final policy that
formally establishes ‘‘small entities’’ as
including railroads that meet the linehaulage revenue requirements of a Class
III railroad. 49 CFR part 209, app. C. For
other entities, the same dollar limit in
revenues governs whether a railroad,
contractor, or other respondent is a
small entity. Id.
FRA certifies that this direct 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 not be significant.
jlentini on PROD1PC65 with RULES
Paperwork Reduction Act
There are no new information
collection requirements associated with
this direct 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
VerDate Aug<31>2005
17:01 Aug 08, 2007
Jkt 211001
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. 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
(Pub. L. 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
[$120,800,000 or more (as adjusted for
inflation)] in any 1 year, and before
promulgating any final rule for which a
general notice of proposed rulemaking
PO 00000
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44791
was published, the agency shall prepare
a written statement’’ detailing the effect
on State, local, and tribal governments
and the private sector. The direct final
rule will not result in the expenditure,
in the aggregate, of $120,800,000 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
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: 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) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. FRA has
evaluated this direct final rule in
accordance with Executive Order 13211.
FRA has determined that this direct
final rule is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
Consequently, FRA has determined that
this regulatory action is not a
‘‘significant energy action’’ within the
meaning of Executive Order 13211.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets 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
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects in 49 CFR Part 222
Use of locomotive horns, Railroad
safety.
The Rule
In consideration of the foregoing, FRA
amends part 222 of chapter II, subtitle
B of title 49, Code of Federal
Regulations, as follows:
I
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44792
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
‘‘Nationwide Significant Risk
Threshold’’ to read as follows:
PART 222—[AMENDED]
1. The authority citation for part 222
continues to read as follows:
I
Authority: 28 U.S.C. 2461, note; 49 U.S.C.
20103, 20107, 20153, 21301, 21304; 49 CFR
1.49.
2. Appendix D to Part 222 is amended
by revising paragraphs (b) through (e) in
the section titled ‘‘RISK INDEX’’ to read
as follows:
I
Appendix D to Part 222—Determining
Risk Levels
*
*
*
*
*
*
*
*
Risk Index
*
*
*
*
*
*
*
3. Appendix D to Part 222 is amended
by revising the section titled,
jlentini on PROD1PC65 with RULES
I
1 The data used to make these exclusions is
contained in blocks 18—Position of Car Unit in
Train; 19—Circumstance: Rail Equipment Struck/
Struck by Highway User; 28—Number of
Locomotive Units; and 29—Number of Cars on the
current FRA Form 6180–57 Highway-Rail Grade
Crossing Accident/Incident Report.
17:01 Aug 08, 2007
*
*
*
*
*
Nationwide Significant Risk Threshold
The Nationwide Significant Risk Threshold
is simply an average of the risk indexes for
all of the gated public crossings nationwide
where train horns are routinely sounded.
This value will be recalculated annually and
published in a notice in the Federal Register.
For the most recent value of the Nationwide
Significant Risk Threshold, please visit
FRA’s public Web site at https://
www.fra.dot.gov.
*
(b) The average number of fatalities
observed in fatal collisions and the average
number of injuries in collisions involving
injuries are calculated by FRA as described
in paragraphs (c) through (e).
(c) FRA will match the highway-rail
incident files for the past five years against
a data file containing the list of grade
crossings where the train horn was not
routinely sounded over that five-year period
to identify two types of collisions involving
trains and motor vehicles: (1) Those that
occurred at crossings where the train horn
was not routinely sounded during the period,
and (2) those that occurred at crossings
equipped with automatic gates where the
train horn was routinely sounded. Certain
records will be excluded, including records
pertaining to incidents where the driver was
not in the motor vehicle or where the motor
vehicle struck the train beyond the fourth
locomotive or rail car that entered the
crossing. FRA believes that sounding the
train horn would not be very effective at
preventing such incidents.1
(d) Collisions in the group containing the
gated crossings nationwide where horns were
routinely sounded will then be identified as
fatal, injury only or no casualty. Collisions
will be identified as fatal if one or more
deaths occurred, regardless of whether
injuries were also sustained. Collisions will
be identified as injury only when injuries,
but no fatalities, resulted.
(e) The collisions (incidents) will be
summarized by year for the five-year period
preceding the year in which the risk index
is being updated. The fatality rate for each
year will be calculated by dividing the
number of fatalities by the number of fatal
incidents. The injury rate will be calculated
by dividing the number of injuries in injury
only incidents by the number of injury only
incidents. FRA will publish updated fatality
and injury rates on an annual basis in the
Federal Register.
VerDate Aug<31>2005
Appendix D to Part 222—Determining
Risk Levels
Jkt 211001
*
*
*
*
4. Appendix D to Part 222 is amended
by revising the section titled, ‘‘Crossing
Corridor Risk Index’’ to read as follows:
I
Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION: The
FMCSA published on July 24, 2007 (72
FR 40250), a document announcing
regulatory guidance concerning its
definition of ‘‘accident.’’ In that
document, FMCSA provided an
incorrect telephone number for the
agency contact person under the
heading FOR FURTHER INFORMATION
CONTACT. The correct telephone number
should read (202) 366–4325.
Issued on: August 3, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–15599 Filed 8–8–07; 8:45 am]
BILLING CODE 4910–EX–P
Appendix D to Part 222—Determining
Risk Levels
*
*
*
*
DEPARTMENT OF COMMERCE
*
Crossing Corridor Risk Index
The Crossing Corridor Risk Index is the
average of the risk indexes of all the public
crossings in a defined rail corridor.
*
*
*
*
*
Issued in Washington, DC on August 2,
2007.
Clifford C. Eby,
Federal Railroad Deputy Administrator.
[FR Doc. 07–3871 Filed 8–8–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 390
Regulatory Guidance for Recording of
Commercial Motor Vehicle Accidents
Involving Fires; Correction
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Regulatory Guidance;
correction.
AGENCY:
SUMMARY: The FMCSA published in the
Federal Register on July 24, 2007, a
document announcing regulatory
guidance concerning its definition of
‘‘accident.’’ This notice corrects that
document by providing the correct
telephone number for the agency
contact.
DATES: The regulatory guidance was
effective on July 24, 2007.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations, (202) 366–4325, Federal
PO 00000
Frm 00068
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National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213033–7033–01]
RIN 0648–XB89
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Processor Vessels Using
Trawl Gear in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by catcher
processor vessels using trawl gear in the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the 2007
total allowable catch (TAC) of Pacific
cod specified for trawl catcher
processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 6, 2007, through
1200 hrs, A.l.t., December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
E:\FR\FM\09AUR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44790-44792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3871]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 222
[Docket No. FRA-2007-27285, Notice No. 1]
RIN 2130-AB86
Use of Locomotive Horns at Highway-Rail Grade Crossings;
Technical Amendments to Appendix D
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This direct final rule makes technical amendments to appendix
D of part 222 of the Code of Federal Regulations to update information
contained in the appendix and direct the public to the most recent
value of the Nationwide Significant Risk Threshold (NSRT). The
amendments are intended to eliminate confusion regarding the data and
calculations that will be used to determine the NSRT on an annual
basis. Interested parties may submit written adverse comments or
request an oral hearing on these amendments during the thirty (30) day
period following publication of this direct final rule.
DATES: Effective Date: Unless FRA receives written adverse comment or a
request for an oral hearing on this direct final rule, the effective
date will be October 9, 2007.
Written Comments: Comments or a request for an oral hearing must be
received by September 10, 2007.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FRA-2007-27285 by any of the following methods:
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: Room W12-140 on the West Building Ground
Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
Federal e-Rulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket name and docket number or Regulatory Identification Number (RIN)
for this rulemaking. Note that all comments received will be posted
without change to https://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading later in this
document for more information.
Docket: For access to the docket to read comments received, go to
https://dms.dot.gov at any time or go to Room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ronald Ries, Office of Safety, Mail
Stop 25, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590
(telephone: (202) 493-6299); or Kathryn Shelton, Office of Chief
Counsel, Mail Stop 10, FRA, 1120 Vermont Avenue, NW., Washington, DC
20590 (telephone: (202) 493-6038).
SUPPLEMENTARY INFORMATION:
Background
Appendix D of part 222 of title 49 of the Code of Federal
Regulations was included in the interim final rule (68 FR 70586) in
order to provide additional information about the calculations
underlying various risk calculations discussed within the part. Even
though a minor modification was made to appendix D when the final rule
was issued (70 FR 21844, April 27, 2005), the appendix was not revised
to reflect necessary variations in the data that would be used in
future risk index calculations.
Changes to Appendix D
FRA has determined that appendix D needs to be revised in order to
eliminate confusion about the data that will be used in certain risk
index calculations. As currently written, portions of appendix D
contain specific numbers and dates that are required to be revised on
an annual basis, in order to properly calculate the NSRT. For example,
in paragraph (e) under the section titled ``Risk Index'', a specific
value is listed for the total number of collisions identified over a
five-year period. However, each year that the NSRT is recalculated,
this number and the date range will need to change. Otherwise, the NSRT
value will not accurately reflect current risk levels at gated
crossings nationwide where train horns are routinely sounded.
Therefore, FRA is revising appendix D by removing references to
specific numbers and dates that will change from year to year and
simply leaving the relevant formulas. (Actual numbers will be provided
in annual Federal Register notices announcing FRA's recalculation of
the NSRT value.) FRA believes these technical amendments will avoid any
misunderstanding or confusion over how the NSRT is calculated.
Notice and Comment Procedures
FRA has determined that these technical amendments to appendix D
are nonsubstantive clarifications that will make the appendix more
accurate, without changing the actual risk index calculations that were
contained in the final rule. While FRA does not anticipate any adverse
comment, interested parties may submit written adverse comments or
request an oral hearing on these amendments during
[[Page 44791]]
the thirty (30) day period immediately following publication of this
direct final rule.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule has been evaluated in accordance with existing policies
and procedures, and determined to be non-significant under both
Executive Order 12866 and DOT policies and procedures (44 FR 11034
(Feb. 26, 1979)).
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) requires
a review of proposed and final 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 (Pub. L. 104-121), FRA has issued a final policy
that formally establishes ``small entities'' as including railroads
that meet the line-haulage revenue requirements of a Class III
railroad. 49 CFR part 209, app. C. For other entities, the same dollar
limit in revenues governs whether a railroad, contractor, or other
respondent is a small entity. Id.
FRA certifies that this direct 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
not be significant.
Paperwork Reduction Act
There are no new information collection requirements associated
with this direct 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. 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
(Pub. L. 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 [$120,800,000 or more (as
adjusted 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 direct final rule will not result in the expenditure, in the
aggregate, of $120,800,000 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 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: 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) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this direct final rule in accordance with
Executive Order 13211. FRA has determined that this direct final rule
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Consequently, FRA has determined that
this regulatory action is not a ``significant energy action'' within
the meaning of Executive Order 13211.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets 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 published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
List of Subjects in 49 CFR Part 222
Use of locomotive horns, Railroad safety.
The Rule
0
In consideration of the foregoing, FRA amends part 222 of chapter II,
subtitle B of title 49, Code of Federal Regulations, as follows:
[[Page 44792]]
PART 222--[AMENDED]
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1. The authority citation for part 222 continues to read as follows:
Authority: 28 U.S.C. 2461, note; 49 U.S.C. 20103, 20107, 20153,
21301, 21304; 49 CFR 1.49.
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2. Appendix D to Part 222 is amended by revising paragraphs (b) through
(e) in the section titled ``RISK INDEX'' to read as follows:
Appendix D to Part 222--Determining Risk Levels
* * * * *
Risk Index
* * * * *
(b) The average number of fatalities observed in fatal
collisions and the average number of injuries in collisions
involving injuries are calculated by FRA as described in paragraphs
(c) through (e).
(c) FRA will match the highway-rail incident files for the past
five years against a data file containing the list of grade
crossings where the train horn was not routinely sounded over that
five-year period to identify two types of collisions involving
trains and motor vehicles: (1) Those that occurred at crossings
where the train horn was not routinely sounded during the period,
and (2) those that occurred at crossings equipped with automatic
gates where the train horn was routinely sounded. Certain records
will be excluded, including records pertaining to incidents where
the driver was not in the motor vehicle or where the motor vehicle
struck the train beyond the fourth locomotive or rail car that
entered the crossing. FRA believes that sounding the train horn
would not be very effective at preventing such incidents.\1\
---------------------------------------------------------------------------
\1\ The data used to make these exclusions is contained in
blocks 18--Position of Car Unit in Train; 19--Circumstance: Rail
Equipment Struck/Struck by Highway User; 28--Number of Locomotive
Units; and 29--Number of Cars on the current FRA Form 6180-57
Highway-Rail Grade Crossing Accident/Incident Report.
---------------------------------------------------------------------------
(d) Collisions in the group containing the gated crossings
nationwide where horns were routinely sounded will then be
identified as fatal, injury only or no casualty. Collisions will be
identified as fatal if one or more deaths occurred, regardless of
whether injuries were also sustained. Collisions will be identified
as injury only when injuries, but no fatalities, resulted.
(e) The collisions (incidents) will be summarized by year for
the five-year period preceding the year in which the risk index is
being updated. The fatality rate for each year will be calculated by
dividing the number of fatalities by the number of fatal incidents.
The injury rate will be calculated by dividing the number of
injuries in injury only incidents by the number of injury only
incidents. FRA will publish updated fatality and injury rates on an
annual basis in the Federal Register.
* * * * *
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3. Appendix D to Part 222 is amended by revising the section titled,
``Nationwide Significant Risk Threshold'' to read as follows:
Appendix D to Part 222--Determining Risk Levels
* * * * *
Nationwide Significant Risk Threshold
The Nationwide Significant Risk Threshold is simply an average
of the risk indexes for all of the gated public crossings nationwide
where train horns are routinely sounded. This value will be
recalculated annually and published in a notice in the Federal
Register. For the most recent value of the Nationwide Significant
Risk Threshold, please visit FRA's public Web site at https://
www.fra.dot.gov.
* * * * *
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4. Appendix D to Part 222 is amended by revising the section titled,
``Crossing Corridor Risk Index'' to read as follows:
Appendix D to Part 222--Determining Risk Levels
* * * * *
Crossing Corridor Risk Index
The Crossing Corridor Risk Index is the average of the risk
indexes of all the public crossings in a defined rail corridor.
* * * * *
Issued in Washington, DC on August 2, 2007.
Clifford C. Eby,
Federal Railroad Deputy Administrator.
[FR Doc. 07-3871 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-06-P
