Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2010, 65458-65460 [E9-29476]

Download as PDF 65458 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations these corrections into the CY 2010 PFS final rule with comment period. For the same reasons, we are also waiving the 30-day delay in effective date for these corrections. We believe that it is in the public interest to ensure that the CY 2010 PFS final rule with comment period accurately states our policies as of the date they take effect. Therefore, we find that delaying the effective date of these corrections beyond the effective date of the final rule with comment period would be contrary to the public interest. In so doing, we find good cause to waive the 30-day delay in the effective date. Authority: Catalog of Federal Domestic Assistance Program No. 93.774, Medicare— Supplementary Medical Insurance Program. Dated: December 3, 2009. Dawn L. Smalls, Executive Secretary to the Department. [FR Doc. E9–29256 Filed 12–7–09; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 225 [FRA–2008–0136, Notice No. 1] RIN 2130–ZA02 Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/ Incidents for Calendar Year 2010 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This rule increases the rail equipment accident/incident reporting threshold from $8,900 to $9,200 for certain railroad accidents/incidents involving property damage that occur during calendar year 2010. This action is needed to ensure that FRA’s reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed in December of 2008. DATES: This regulation is effective January 1, 2010. FOR FURTHER INFORMATION CONTACT: Arnel B. Rivera, 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– 306, 1200 New Jersey Ave., SE., Washington, DC 20590 (telephone 202– 493–1331); 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 W31–204, 1200 New Jersey Ave., SE., Washington, DC 20590 (telephone 202–493–1381). SUPPLEMENTARY INFORMATION: Background A ‘‘rail equipment accident/incident’’ is a collision, derailment, fire, explosion, act of God, or other event involving the operation of railroad ontrack equipment (standing or moving) that results in damages to railroad ontrack equipment, signals, tracks, track structures, or roadbed, including labor costs and the costs for acquiring new equipment and material, greater than the reporting threshold for the year in which the event occurs. 49 CFR 225.19(c). 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) and (c). As revised, effective 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. New Reporting Threshold Approximately one year has passed since the rail equipment accident/ incident reporting threshold was revised. 73 FR 78657 (December 23, 2008). Consequently, FRA has recalculated the threshold, as required by § 225.19(c), based on increased costs for labor and increased costs for equipment. FRA has determined that the current reporting threshold of $8,900, which applies to rail equipment accidents/incidents that occur during calendar year 2009, should increase by $300 to $9,200 for equipment accidents/ incidents occurring during calendar year 2010, effective January 1, 2010. The specific inputs to the equation set forth in appendix B (i.e., Tnew = Tprior * [1 + 0.4(Wnew ¥ Wprior)/Wprior + 0.6(Enew ¥ Eprior)/100]) to part 225 are: Wnew Wprior Enew Eprior $8,900 .............................................................................................................. mstockstill on DSKH9S0YB1PROD with RULES Tprior $24.04379 $22.86094 182.03333 180.16667 Where: Tnew = New threshold; Tprior = Prior threshold (with reference to the threshold, ‘‘prior’’ refers to the previous threshold rounded to the nearest $100, as reported in the Federal Register); Wnew = New average hourly wage rate, in dollars; Wprior = Prior average hourly wage rate, in dollars; Enew = New equipment average PPI value; Eprior = Prior equipment average PPI value. Using the above figures, the calculated new threshold, (Tnew) is $9,183.88, which is rounded to the nearest $100 for a final new reporting threshold of $9,200. Notice and Comment Procedures and Effective Date In this rule, FRA has recalculated the monetary reporting threshold based on VerDate Nov<24>2008 16:49 Dec 09, 2009 Jkt 220001 the formula discussed in detail and adopted, after notice and comment, in the final rule published December 20, 2005, 70 FR 75414. FRA has found 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 has found 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, finding that notice and comment procedures are either impracticable, unnecessary, or contrary to the public interest, FRA is proceeding directly to the final rule. FRA regularly recalculates the monetary reporting threshold using a PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 pre-existing formula near the end of each calendar year. Therefore, any person affected by this rule anticipates the on-going adjustment of the threshold and has reasonable time to make any minor changes necessary to come into compliance with the regulations. FRA attempts to use the most recent data available to calculate the updated reporting threshold prior to the next calendar year. FRA has found that issuing the rule in December of each calendar year and making the rule effective on January 1, of the next year, allows FRA to use the most up-to-date data when calculating the reporting threshold and to compile data that accurately reflects rising wages and equipment costs. As such, FRA has E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations found that it has good cause to make the effective date January 1, 2010. 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)). mstockstill on DSKH9S0YB1PROD with RULES 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. About 696 of the approximately 731 railroads in the United States are considered small entities by FRA. FRA certifies that this 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 be neutral or insignificant. The frequency of rail equipment accidents/incidents, and therefore also the frequency of required reporting, is generally proportional to the size of the railroad. A railroad that employs thousands of employees and operates trains millions of miles is exposed to greater risks than one whose operation is substantially smaller. Small railroads may go for months at a time without having a reportable occurrence of any type, and even longer without having a rail equipment accident/incident. For example, current FRA data indicate that 3,266 rail equipment accidents/ incidents were reported in 2005, with small railroads reporting 348 of them. In 2006, 2,990 rail equipment accidents/ incidents were reported, and small railroads reported 374 of them. Data for 2007 show that 2,685 rail equipment accidents/incidents were reported, with small railroads reporting 359 of them. Data for 2008 show that 2,448 rail equipment accidents/incidents were reported, with small railroads reporting VerDate Nov<24>2008 16:49 Dec 09, 2009 Jkt 220001 291 of them. On average for those four calendar years, small railroads reported about 12% (ranging from 11% to 13%) of the total number of rail equipment accidents/incidents. FRA notes that these data are accurate as of the date of issuance of this final rule, and are subject to minor changes due to additional reporting. Absent this rulemaking (i.e., any increase in the monetary reporting threshold), the number of reportable accidents/ incidents would increase, as keeping the 2009 threshold in place would not allow it to keep pace with the increasing dollar amounts of wages and rail equipment repair costs. Therefore, this rule will be neutral in effect. Increasing the reporting threshold will slightly decrease the recordkeeping burden for railroads over time. Any recordkeeping burden will not be significant and will affect the large railroads more than the small entities, due to the higher proportion of reportable rail equipment accidents/incidents experienced by large entities. 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. 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. PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 65459 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 [$141,300,000 or more (as adjusted for inflation)] in any one 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 final rule will not result in the expenditure, in the aggregate, of $141,300,000 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 E:\FR\FM\10DER1.SGM 10DER1 65460 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations 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 final rule in accordance with Executive Order 13211. FRA has determined that this 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 our 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://www.regulations.gov. List of Subjects in 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. PART 225—[AMENDED] 1. The authority citation for part 225 continues to read as follows: mstockstill on DSKH9S0YB1PROD with RULES ■ Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–02, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49. 2. Amend § 225.19 by revising the first sentence of paragraph (c) and revising paragraph (e) to read as follows: * * VerDate Nov<24>2008 * * 16:49 Dec 09, 2009 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–AW49 In consideration of the foregoing, FRA amends part 225 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: * BILLING CODE 4910–06–P [Docket No. 080225267–91393–03] ■ § 225.19 Primary groups of accidents/ incidents. Issued in Washington, DC, on December 4, 2009. Joseph C. Szabo, Administrator. [FR Doc. E9–29476 Filed 12–9–09; 8:45 am] 50 CFR Parts 300 and 665 The Rule ■ (c) Group II—Rail equipment. Rail equipment accidents/incidents are collisions, derailments, fires, explosions, acts of God, and other events involving the operation of ontrack equipment (standing or moving) that result in damages higher than the current reporting threshold (i.e., $6,700 for calendar years 2002 through 2005, $7,700 for calendar year 2006, $8,200 for calendar year 2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009 and $9,200 for calendar year 2010) 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 $6,700 for calendar years 2002 through 2005, $7,700 for calendar year 2006, $8,200 for calendar year 2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009 and $9,200 for calendar year 2010. The procedure for determining the reporting threshold for calendar years 2006 and beyond appears as paragraphs 1–8 of appendix B to part 225. * * * * * International Fisheries Regulations; Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-based Shallow-set Longline Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: This final rule removes the annual limit on the number of fishing gear deployments (sets) for the Hawaiibased pelagic shallow-set longline fishery, and increases the annual number of allowable incidental interactions that occur between the fishery and loggerhead sea turtles. The final rule optimizes yield from the PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 fishery without jeopardizing the continued existence of sea turtles and other protected resources. This final rule also makes several administrative clarifications to the regulations. DATES: This final rule is effective January 11, 2010. ADDRESSES: The Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region (Pelagics FMP) and Amendment 18, including a final supplemental environmental impact statement (SEIS), are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808–522–8226, www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries Division, NMFS PIR, 808–944–2248. SUPPLEMENTARY INFORMATION: This final rule is also accessible at www.gpoaccess.gov/fr. Pelagic fisheries in the U.S. western Pacific are managed under the Pelagics FMP, developed by the Council and approved and implemented by NMFS. The Council submitted Amendment 18 and draft regulations to NMFS for review under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 18 was approved by the Secretary of Commerce on June 17, 2009. This final rule implements the management provisions in Amendment 18, and makes several housekeeping changes to the pelagic fishing regulations that are not related to Amendment 18. This final rule optimizes the U.S. harvest of swordfish and other fish species, without jeopardizing the continued existence and recovery of threatened and endangered sea turtles and other protected species. The final rule relieves the burden on fishermen of providing written notice each year to obtain shallow-set certificates, and reduces the administrative burden of processing and issuing certificate requests, and monitoring certificate usage. This will allow an increase in fishing effort to optimize the harvest of North Pacific swordfish and other fish species, but will not exceed maximum sustainable yields. Under this final rule, the Hawaii longline fleet may not interact with (hook or entangle) more than 46 loggerhead sea turtles or 16 leatherback sea turtles each year. These sea turtle interaction limits do not represent the upper limit of interactions that would avoid jeopardizing the continued existence of sea turtles, but are the annual number of sea turtle interactions E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65458-65460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29476]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA-2008-0136, Notice No. 1]
RIN 2130-ZA02

Adjustment of Monetary Threshold for Reporting Rail Equipment
Accidents/Incidents for Calendar Year 2010

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

ACTION: Final rule.

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

SUMMARY: This rule increases the rail equipment accident/incident
reporting threshold from $8,900 to $9,200 for certain railroad
accidents/incidents involving property damage that occur during
calendar year 2010. This action is needed to ensure that FRA's
reporting requirements reflect cost increases that have occurred since
the reporting threshold was last computed in December of 2008.

DATES: This regulation is effective January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Arnel B. Rivera, Staff Director, U.S.
Department of Transportation, Federal Railroad Administration, Office
of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room
W33-306, 1200 New Jersey Ave., SE., Washington, DC 20590 (telephone
202-493-1331); 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 W31-204,
1200 New Jersey Ave., SE., Washington, DC 20590 (telephone 202-493-
1381).

SUPPLEMENTARY INFORMATION:

Background

A ``rail equipment accident/incident'' is a collision, derailment,
fire, explosion, act of God, or other event involving the operation of
railroad on-track equipment (standing or moving) that results in
damages to railroad on-track equipment, signals, tracks, track
structures, or roadbed, including labor costs and the costs for
acquiring new equipment and material, greater than the reporting
threshold for the year in which the event occurs. 49 CFR 225.19(c).
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) and (c). As revised, effective 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.

New Reporting Threshold

Approximately one year has passed since the rail equipment
accident/incident reporting threshold was revised. 73 FR 78657
(December 23, 2008). Consequently, FRA has recalculated the threshold,
as required by Sec. 225.19(c), based on increased costs for labor and
increased costs for equipment. FRA has determined that the current
reporting threshold of $8,900, which applies to rail equipment
accidents/incidents that occur during calendar year 2009, should
increase by $300 to $9,200 for equipment accidents/incidents occurring
during calendar year 2010, effective January 1, 2010. The specific
inputs to the equation set forth in appendix B (i.e., Tnew = Tprior *
[1 + 0.4(Wnew - Wprior)/Wprior + 0.6(Enew - Eprior)/100]) to part 225
are:

----------------------------------------------------------------------------------------------------------------
Tprior Wnew Wprior Enew Eprior
----------------------------------------------------------------------------------------------------------------
$8,900...................................... $24.04379 $22.86094 182.03333 180.16667
----------------------------------------------------------------------------------------------------------------

Where: Tnew = New threshold; Tprior = Prior threshold (with
reference to the threshold, ``prior'' refers to the previous threshold
rounded to the nearest $100, as reported in the Federal Register); Wnew
= New average hourly wage rate, in dollars; Wprior = Prior average
hourly wage rate, in dollars; Enew = New equipment average PPI value;
Eprior = Prior equipment average PPI value. Using the above figures,
the calculated new threshold, (Tnew) is $9,183.88, which is rounded to
the nearest $100 for a final new reporting threshold of $9,200.

Notice and Comment Procedures and Effective Date

In this rule, FRA has recalculated the monetary reporting threshold
based on the formula discussed in detail and adopted, after notice and
comment, in the final rule published December 20, 2005, 70 FR 75414.
FRA has found 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 has found 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, finding that notice and comment procedures are
either impracticable, unnecessary, or contrary to the public interest,
FRA is proceeding directly to the final rule.
FRA regularly recalculates the monetary reporting threshold using a
pre-existing formula near the end of each calendar year. Therefore, any
person affected by this rule anticipates the on-going adjustment of the
threshold and has reasonable time to make any minor changes necessary
to come into compliance with the regulations. FRA attempts to use the
most recent data available to calculate the updated reporting threshold
prior to the next calendar year. FRA has found that issuing the rule in
December of each calendar year and making the rule effective on January
1, of the next year, allows FRA to use the most up-to-date data when
calculating the reporting threshold and to compile data that accurately
reflects rising wages and equipment costs. As such, FRA has

[[Page 65459]]

found that it has good cause to make the effective date January 1,
2010.

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.
About 696 of the approximately 731 railroads in the United States
are considered small entities by FRA. FRA certifies that this 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 be neutral or insignificant. The frequency of
rail equipment accidents/incidents, and therefore also the frequency of
required reporting, is generally proportional to the size of the
railroad. A railroad that employs thousands of employees and operates
trains millions of miles is exposed to greater risks than one whose
operation is substantially smaller. Small railroads may go for months
at a time without having a reportable occurrence of any type, and even
longer without having a rail equipment accident/incident. For example,
current FRA data indicate that 3,266 rail equipment accidents/incidents
were reported in 2005, with small railroads reporting 348 of them. In
2006, 2,990 rail equipment accidents/incidents were reported, and small
railroads reported 374 of them. Data for 2007 show that 2,685 rail
equipment accidents/incidents were reported, with small railroads
reporting 359 of them. Data for 2008 show that 2,448 rail equipment
accidents/incidents were reported, with small railroads reporting 291
of them. On average for those four calendar years, small railroads
reported about 12% (ranging from 11% to 13%) of the total number of
rail equipment accidents/incidents. FRA notes that these data are
accurate as of the date of issuance of this final rule, and are subject
to minor changes due to additional reporting. Absent this rulemaking
(i.e., any increase in the monetary reporting threshold), the number of
reportable accidents/incidents would increase, as keeping the 2009
threshold in place would not allow it to keep pace with the increasing
dollar amounts of wages and rail equipment repair costs. Therefore,
this rule will be neutral in effect. Increasing the reporting threshold
will slightly decrease the recordkeeping burden for railroads over
time. Any recordkeeping burden will not be significant and will affect
the large railroads more than the small entities, due to the higher
proportion of reportable rail equipment accidents/incidents experienced
by large entities.

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.

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 [$141,300,000 or more (as
adjusted for inflation)] in any one 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 final rule will not result in the expenditure, in the aggregate, of
$141,300,000 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

[[Page 65460]]

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 final rule in accordance with Executive
Order 13211. FRA has determined that this 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 our 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://www.regulations.gov.

List of Subjects in 49 CFR Part 225

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

The Rule

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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]

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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 1.49.

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2. Amend Sec. 225.19 by revising the first sentence of paragraph (c)
and revising paragraph (e) to read as follows:

Sec. 225.19 Primary groups of accidents/incidents.

* * * * *
(c) Group II--Rail equipment. 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., $6,700 for calendar years 2002 through 2005, $7,700
for calendar year 2006, $8,200 for calendar year 2007, $8,500 for
calendar year 2008, $8,900 for calendar year 2009 and $9,200 for
calendar year 2010) 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 $6,700 for calendar years 2002
through 2005, $7,700 for calendar year 2006, $8,200 for calendar year
2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009 and
$9,200 for calendar year 2010. The procedure for determining the
reporting threshold for calendar years 2006 and beyond appears as
paragraphs 1-8 of appendix B to part 225.
* * * * *

Issued in Washington, DC, on December 4, 2009.
Joseph C. Szabo,
Administrator.
[FR Doc. E9-29476 Filed 12-9-09; 8:45 am]
BILLING CODE 4910-06-P

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