Accident/Incident Reporting Requirements, 30855-30863 [2011-13295]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30855-30863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13295]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[Docket No. FRA-2006-26173; Notice No. 4]
RIN 2130-AB82


Accident/Incident Reporting Requirements

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

ACTION: Final rule; response to petitions for reconsideration.

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SUMMARY: This document responds to petitions for reconsideration 
related to FRA's November 9, 2010, final rule revising FRA's 
regulations addressing accident/incident reporting and recording, the 
FRA Guide for Preparing Accident/Incident Reports (FRA Guide), its 
accident/incident recording and reporting forms in addition to its 
Companion Guide: Guidelines for Submitting Accident/Incident Reports by 
Alternative Methods (Companion Guide). The final rule, which becomes 
effective June 1, 2011, was intended to clarify ambiguous regulations 
and to enhance the quality of information available for railroad 
casualty analysis. This document amends and clarifies the final rule 
based on FRA's review of the petitions for reconsideration and in order 
to make necessary technical and clarifying changes.

DATES: This rule is effective July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Mary Beth Butts, IT Specialist, 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 Avenue, SE., Washington, DC 20590 (telephone: 
202-493-6296); 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 Avenue, SE., Washington, DC 20590 (telephone: 202-493-
1381).

SUPPLEMENTARY INFORMATION: 

I. The FRA Guide and the Companion Guide

    FRA has revised the FRA Guide based upon its review of the 
petitions for reconsideration submitted in response to the final rule 
and to make necessary technical amendments that are addressed in the 
``Section-by-Section'' analysis. The FRA Guide is posted on FRA's 
website at https://safetydata.fra.dot.gov/officeofsafety. Hard copies of 
the FRA Guide will be available upon request. Information on requesting 
hard copies of the FRA Guide can be found in Sec.  225.21, ``Forms,'' 
of this final rule. FRA has also revised its Companion Guide containing 
instructions for electronically submitting monthly reports to FRA based 
upon its review of the petitions for reconsideration and to make 
necessary technical amendments that are addressed in the ``Section-by-
Section'' analysis. The Companion Guide is posted on FRA's website at 
https://safetydata.fra.dot.gov/officeofsafety.

II. Background

    On September 9, 2008, FRA published a Notice of Proposed Rulemaking 
(NPRM), which proposed miscellaneous amendments to FRA's accident/
incident reporting regulations in order to clarify ambiguous 
regulations and to enhance the quality of information available for 
railroad casualty analysis. See 73 FR 52496. The NPRM also proposed 
revisions to the 2003 FRA Guide for Preparing Accident/Incident Reports 
(2003 FRA Guide) and FRA's accident/incident recording and reporting 
forms.
    On September 10, 2008, during the 36th Railroad Safety Advisory 
Committee (RSAC) meeting, RSAC Task No. 2008-02 was presented for 
acceptance. The task offered to the RSAC for consideration was to 
review comments received on FRA's NPRM and would have allowed the RSAC 
to make recommendations for the content of the final rule. The task was 
withdrawn at the meeting without RSAC acceptance.
    Following publication of the NPRM in the Federal Register, FRA held 
a public hearing in Washington, DC on December 18, 2008, and extended 
the comment period for an additional thirty (30) days following the 
hearing. The hearing was attended by a number of railroads, 
organizations representing railroads, and labor organizations. FRA 
received oral and written testimony at the hearing as well as written 
comments during the extended comment period. A copy of the hearing 
transcript was placed in Docket No. FRA-2006-26173 on https://www.regulations.gov. During the initial and extended comment period, 
FRA received comments and heard testimony from the following 
organizations, in addition to comments from individuals, listed in 
alphabetical order:
     American Association for Justice;
     Association for American Railroads (AAR);
     American Train Dispatchers Association;
     BNSF Railway Company;
     Brotherhood of Locomotive Engineers and Trainmen;
     Brotherhood of Maintenance of Way Employes Division;
     Brotherhood of Railroad Signalman;
     California Public Utilities Commission;
     U.S. Department of Labor;
     Illinois Commerce Commission/Transportation Bureau/Rail 
Safety Section;
     Kansas City Southern Railway Company;
     Metro-North Commuter Railroad Company;
     National Railroad Passenger Corporation (Amtrak);
     New York State Metropolitan Transportation Authority;
     NJ Transit Rail Operations;
     Norfolk Southern Corporation;
     Southeastern Pennsylvania Transportation Authority 
(SEPTA);
     Union Pacific Railroad Company (UP); and
     United Transportation Union.
    On November 9, 2010, FRA issued a final rule, entitled 
Miscellaneous Amendments to the Federal Railroad Administration's 
Accident/Incident Reporting Requirements; Final Rule, clarifying and 
amending FRA's accident/incident reporting and recording standards and 
guidance. See 75 FR 68862. Following the publication of the final rule, 
FRA received one formal petition for reconsideration from SEPTA, which 
was entered into the docket on January 28, 2011. FRA also received an 
informal request from UP to revise the FRA Guide by adding additional 
circumstance codes. FRA opted to treat UP's comments as an informal 
petition for reconsideration

[[Page 30856]]

entering the request into the docket on January 28, 2011, and is 
responding to UP's request in this document. The petitions for 
reconsideration raised various issues relating to the telephonic 
reporting requirements, the telephonic reporting chart and circumstance 
codes. The purpose of this document is to address the issues raised in 
the petitions for reconsideration relating to the final rule 
requirements.
    The specific issues and recommendations raised by these 
petitioners, and FRA's responses to those petitions are discussed in 
detail in the ``Section-by-Section Analysis'' portion of the preamble. 
The following section-by-section analysis also contains a detailed 
discussion of each provision of the final rule text, the final rule 
preamble, the FRA Guide and forms contained in the FRA Guide, or the 
FRA Companion Guide that accompanies the final rule that is being 
clarified or amended. This discussion will enable the regulated 
community to more readily compare this document with the preamble 
discussion contained in the final rule and will aid the regulated 
community in understanding the requirements of the rule. Due to the 
complexity of the final rule and the number of documents affected and 
addressed in the rulemaking document and in an effort to provide 
readers as clear of an understanding as possible of the technical and 
clarifying amendments being made by this document, the section-by-
section analysis is being divided into the following discussion 
sections:

A. Amendments to the Regulatory Text of Part 225.
B. Portions of Petitions for Reconsideration Being Denied.
C. Clarifying or Technical Amendments to the Preamble Discussion of the 
Final Rule.
    1. Section 225.15 Accidents/incidents Not To Be Reported
    2. Chapter 2 of the FRA Guide, ``Definitions.''
    3. Appendix C to the FRA Guide, ``Train Accident Cause Codes.''
D. Revisions to the FRA Companion Guide.
E. Clarifying or Technical Amendments to the FRA Guide.
    1. Chapter 1 of the FRA Guide, ``Overview of Accident/Incident 
Reporting and Recordkeeping Requirements.''
    2. Appendix F of the FRA Guide, ``Circumstance Codes.''
    3. Appendix H to the FRA Guide, ``Forms.''
    4. Appendix J to the FRA Guide, ``Type of Territory Codes.''
    5. Appendix L to the FRA Guide, ``49 CFR part 225.''
    6. Appendix M to the FRA Guide, ``Telephonic Reporting Chart.''

IV. Section-by-Section Analysis

A. Amendments to the Regulatory Text of Part 225

    FRA is making amendments to only one section of the final rule 
text. This amendment concerns the definition of ``event or exposure 
arising from the operation of a railroad contained in Sec.  225.5.
Section 225.5 Definitions
    This document makes a technical amendment to the first tier subpart 
(ii)(A) of the definition of ``Event or exposure arising from the 
operation of a railroad''. The amendment removes ``non-train incident'' 
from the list of qualifying events arising from the operation of the 
railroad with regards to non-employees who are injured while off 
railroad property. This technical amendment is necessary because the 
addition of this type of accident/incident to tier one subpart (ii)(A) 
in the final rule inappropriately expanded the meaning of the term 
``event or exposure arising from the operation of the railroad'' and 
the type of injuries captured for non-employees who are off railroad 
property beyond the scope intended. Removing ``non-train incident'' 
from the definition brings the meaning of the term into conformance 
with the intent and scope of the NPRM and final rule. The inclusion of 
this type of accident/incident in the definition is an obvious error 
and a technical amendment is an appropriate action to correct this 
oversight.
    The final rule's clarification and restructuring of the definition 
of ``event or exposure arising from the operation of the railroad'', 
was not intended to change the term's meaning. Rather, the amendments 
were intended to clarify the term and bring it into conformance with 
existing industry practices. As such, the intent of the final rule was 
to remain consistent with the FRA's intent in the 2003 Final Rule:

    FRA developed a compromise position, proposing that railroads 
not be required to report deaths or injuries to persons who are not 
railroad employees that occur while off railroad property unless 
they result from a train accident, a train incident, a highway-rail 
grade crossing accident/incident, or a release of a hazardous 
material or other dangerous commodity related to the railroad's rail 
transportation business.

68 FR 10108-09, March 3, 2003 (FRA's 2003 Final Rule). The term ``event 
or exposure arising from the operation of a railroad'' and its 
definition were added in FRA's 2003 Final Rule to more narrowly tailor 
what types of accidents/incidents were considered to ``arise from the 
operation of a railroad'' and were, therefore, potentially reportable. 
68 FR 10115-16.

    However, the final rule in this proceeding amended the language 
proposed in the NPRM for the first tier subpart (ii)(A) by adding the 
term ``non-train incident'' to the list of qualifying events. Non-train 
incident is defined as an ``event that results in a reportable 
casualty, but does not involve the movement of on-track equipment nor 
cause reportable damage above the threshold established for train 
accidents.'' See Sec.  225.5, ``Definitions--Non train incident.'' FRA 
stated in the final rule that this term was included to make the 
definition consistent with the list of accidents/incidents contained in 
the 2003 FRA Guide in addition to FRA's 2003 Final Rule amending its 
accident/incident regulations. 68 FR 10107, March 3, 2003. In the 2003 
FRA Guide, non-train incidents are included in the list of categories 
of accidents/incidents; however, non-train incident was not included in 
FRA's 2003 Final Rule definition as a qualifying event arising from the 
operation of the railroad for non-employees who are injured while off 
railroad property.
    Upon further review, it appears that the final rule's clarifying 
amendment is not consistent with the intent of FRA's 2003 Final Rule 
and expands the meaning of the term beyond the intent and scope of the 
final rule and NPRM. While non-train incident is included in the list 
of accidents/incidents in the 2003 FRA Guide, it was excluded as a 
triggering event for non-employees off railroad property in the related 
2003 Final Rule. Moreover, the purpose of defining ``event or exposure 
arising from the operation of the railroad'' in the 2003 Final Rule was 
to limit the qualifying events with regards to non-employees. Based 
upon the definition of non-train incident, a railroad would be 
potentially responsible for reporting an injury to a non-employee 
occurring off railroad property that does not involve the movement of 
rail equipment. For example, under the definition contained in the 
final rule, if an individual suffers a reportable injury as the result 
of a car accident off railroad property involving a railroad 
automobile, any subsequent injury to the non-employee would be 
potentially reportable. This type of injury was not intended to be 
captured by FRA's accident/incident reporting regulations. As such, 
this document removes non-train incident from the list of qualifying 
events under the first tier

[[Page 30857]]

subpart (ii)(A) of the definition of ``event or exposure arising from 
the operation of the railroad''.

B. Portions of Petitions for Reconsideration Being Denied

    This document denies that portion of SEPTA's petition for 
reconsideration requesting the amendment of this section with regard to 
limiting and consolidating the notification requirements to which a 
railroad is subject.
Section 225.9 Telephonic reports of certain accidents/incidents and 
other events
    SEPTA's petition for reconsideration noted that a railroad may 
potentially be required to comply with several agencies' immediate 
notification requirements following an accident/incident, and; 
therefore, a railroad would be required to comply with each agency's 
separate notification requirements. SEPTA further suggested that the 
agencies should share the information rather than requiring a railroad 
to make several different notifications to streamline the process and 
to ease the burden on the railroad.
    As an initial matter, in the NPRM, FRA requested comments and 
suggestions on four issues of concern. One of these issues was Sec.  
225.9 telephonic reporting. Specifically, the NPRM noted that FRA was 
considering changing the method by which telephonic reports of 
accidents/incidents, as required by Sec.  225.9, are made. Under FRA's 
current regulations, railroads are required to telephonically report 
certain accidents/incidents to the National Response Center (NRC), who 
in turn provides notification of the accidents/incidents to FRA. The 
NPRM indicated that FRA was reviewing whether it would be preferable 
for railroads to report these accidents/incidents directly to FRA via 
electronic transmission, and specifically sought comments and 
suggestions on the issue. FRA opted not to adopt any of the suggested 
changes or to require direct reporting to FRA, as FRA's infrastructure 
is inadequate to handle direct reporting. See 75 FR 68876, November 9, 
2010.
    With regards to SEPTA's specific suggestion to consolidate various 
agency notification requirements, again, FRA is declining to adopt the 
recommendation. Each government agency's notification requirements are 
aimed to alert the agency to specific accidents/incidents. These 
requirements may vary from agency to agency based upon their regulatory 
authority and mission. Moreover, each regulation may vary in terms of 
how and when notifications must occur. As such, the accidents/incidents 
for which FRA requires notification may not capture the accidents/
incidents or the specific information that other agencies are 
interested in or need to fulfill their mission. Moreover, FRA does not 
have regulatory authority to control, change or alter other agencies' 
notification requirements; as such, FRA is not currently in a position 
to adopt or enforce SEPTA's recommendation. Finally, FRA does not 
currently have the infrastructure in place to handle notifications on 
behalf of other agencies or the ability to share that information 
outside the FRA to the extent required by SEPTA's recommendation.

C. Clarifying or Technical Amendments to the Preamble Discussion of the 
Final Rule

    This document is making several clarifying or technical amendments 
to the preamble discussions contained in the final rule. The preamble 
discussions being clarified in this document involve discussions of the 
regulatory text as well as discussions of the FRA Guide.
1. Section 225.15 Accidents/incidents Not To Be Reported
    This document is making a clarifying amendment to the preamble 
language in the Section-by-Section Analysis of the final rule relating 
to a railroad's duty to investigate trespasser fatalities. See also, 75 
FR 68889. The final rule requires railroads to investigate all 
trespasser fatalities in order to determine the cause of death. As 
explained in the final rule, FRA included this requirement to ensure 
that railroads are taking the proper steps to confirm whether or not a 
death is a suicide. The railroad must continue its investigation for a 
period of six months or until it is able to confirm the cause of death 
(or whichever occurs first). FRA anticipates that, if the cause of 
death is obvious (e.g., there are no indications that the individual(s) 
died as the result of a suicide), a railroad's investigation will not 
take the full six months and the cause of death will be easily 
confirmed with proper authority.
    In discussing this new requirement, the preamble language stated 
that ``if a railroad cannot obtain the required information after 
making a documented good faith effort for six months, then the railroad 
may discontinue its investigation and report the casualty as a 
trespasser fatality.'' 75 FR 68870, 68879. After reviewing this 
language and receiving questions from the industry, FRA has determined 
that this sentence is confusing and misleading. Consequently, this 
document clarifies the discussion contained in Section-by-Section 
Analysis for the final rule.
    FRA did not intend to negate a railroad's duty to create and submit 
a Form FRA F 6180.55a for a reportable trespasser fatality within 30 
days after the month within which the death occurred. Rather, this 
preamble discussion was intended to explain a railroad's obligation at 
the end of the six month investigative period if the railroad cannot 
confirm the cause of the death. As such, once a railroad learns about a 
reportable trespasser fatality, the railroad must create and submit a 
Form FRA F 6180.55a to the FRA within 30 days after the month within 
which the death occurred. However, after submitting the Form FRA F 
6180.55a, the railroad must continue to try to confirm the cause of 
death for a period of up to six months for trespasser fatalities. If 
the railroad is able to confirm the cause of death, the railroad must 
amend, or correct, the Form FRA 6180.55a as appropriate. If the 
railroad is unable to confirm the cause of death, the fatality may be 
reported as a trespasser fatality so that the death remains as a 
trespasser fatality on the Form FRA F 6180.55a and the railroad is not 
required to amend or correct the report.
    FRA is clarifying the above language to avoid any potential 
confusion and to ensure that railroads are consistently submitting 
their reports to the FRA in a timely fashion. As stated above, the new 
investigative requirements are not meant to eliminate a railroad's duty 
to make a report per Sec.  225.11 or to delay the reporting of 
trespasser fatalities for a period of six months (or until the railroad 
can determine cause of death). Rather, FRA was attempting to instruct 
railroads on how to proceed at the end of the six month investigative 
period in situations in which the railroad is unsuccessful in 
determining the cause of death.
2. Chapter 2 of the FRA Guide, ``Definitions''
    This document identifies and corrects preamble language regarding 
Chapter 2 of the FRA Guide relating to the Definition of ``Worker on 
Duty-Employee (Class A).'' This correction does not result in any 
amendments or changes to the actual definition.
    The final rule removed an example to the definition of Worker on 
Duty-Employee (Class A) characterizing an employee on his lunch break 
as on duty. This example was inserted into the definition in the NPRM. 
FRA received a comment from the AAR with regards to this example 
requesting its removal as an employee who is injured on an

[[Page 30858]]

unpaid lunch break may not be considered on-duty. FRA agreed with the 
AAR and recognized that an employee who is not under pay is generally 
considered off duty. Consequently, FRA removed the example in the final 
rule to avoid confusion. However, in removing the example, the preamble 
language stated that ``[i]n general, an employee on a break, whether 
paid or unpaid, is considered an Employee Not On Duty (Class B).'' See 
75 FR 68886.
    This statement is incorrect and clearly inconsistent with the 
definition of Worker on Duty-Employee (Class A) contained in the final 
rule and the examples contained in the FRA Guide. Rather, as stated in 
the definition of Worker on Duty-Employee (Class A), ``[w]hether or not 
the worker is under pay will normally be the deciding factor for 
determining `on-duty' status.'' FRA Guide, Chapter 2. While there are 
certain exceptions, an employee who is under pay at the time of his 
injury is generally considered on-duty. FRA intended to state that an 
employee on a break, if unpaid, is generally considered an Employee Not 
On Duty (Class B). Consequently, the preamble language was an obvious 
error and a technical amendment is an appropriate action to correct 
this oversight.
3. Appendix C to the FRA Guide, ``Train Accident Cause Codes''
    This document identifies and corrects erroneous information 
contained in the preamble language to the final rule. However, this 
correction does not result in any amendments or changes to the actual 
Train Accident Cause Codes. The final rule added an additional Train 
Accident Cause Code in response to a recommendation from the National 
Transportation Safety Board (NTSB). Both the final rule and NPRM 
discussed the background and history of this recommendation in the 
preamble. Specifically, the final rule stated that:

    FRA added Train Accident Cause Code T224 in response to the 
National Transportation Safety Board's (NTSB) 2005 recommendation 
that FRA provide a train accident cause code for derailments caused 
by bond wire attachments. This recommendation arose from the NTSB's 
investigation of the derailment of northbound National Railroad 
Passenger Corporation (Amtrak) train No. 58 while operating on 
Canadian National (CN) track near Flora, Mississippi, on April 6, 
2004. The derailment resulted in one fatality, 35 injuries (that 
were reportable to FRA), and damage costs of approximately $7 
million. The NTSB recommended that FRA include in the FRA Guide a 
train accident cause code for derailments caused by rail cracks 
originating from bond wire attachments, and that information on the 
methods and locations of those attachments be provided in the 
narrative section of the accident/incident report (NTSB 
Recommendation Number RAR-05/02).

See 75 FR 68891. However, upon further review, FRA has discovered that 
the final rule and NPRM erroneously referenced NTSB Recommendation 
Number RAR-05/02. Rather, the relevant recommendation is actually 
contained in NTSB Railroad Accident Report Number 05/01 (RAR 05/01). 
Moreover, the final rule and NPRM mistakenly discussed the facts 
involved in NTSB Railroad Accident Report Number 05/02 (RAR 05/02). See 
75 FR 68891.
    To clarify, FRA added Train Accident Cause Code T224 in response to 
NTSB Safety Recommendation No. Recommendation-05-02 (R-05-02), which 
was contained in NTSB's RAR 05/01. Moreover, this recommendation arose 
from the NTSB investigation into the derailment of a northbound CN 
train on February 9, 2003, in Tamaroa, Illinois, and the subsequent 
release of hazardous materials. A copy of the NTSB's RAR 05/01, 
containing NTSB's R-05-02, has been placed in Docket No. FRA-2006-26173 
on https://www.regulations.gov for ease of reference.

D. Revisions to the FRA Companion Guide

    The Companion Guide, a technical manual that did not go through 
formal notice and comment, contains instructions for electronically 
submitting monthly reports. As such, the Companion Guide also includes 
directions for handling reports and records after June 1, 2011, with 
regards to the creation and submission of the reports, including late 
reports, and the amending/correcting of reports for accidents/incidents 
occurring prior to the effective date. The Companion Guide currently 
instructs that ``railroads amending reports or records created or 
submitted prior to the effective date of the new rule, or submitting 
late reports for accidents that occurred prior to the effective date of 
the new rule, must amend those records and reports consistent with the 
new regulations and newest FRA Guide.'' See Companion Guide, 
Introduction.
    However, upon further consideration, FRA is revising the 
instructions contained in the Companion Guide to eliminate any 
confusion, to avoid requiring railroads to retroactively apply the new 
rules and regulations, and to prevent any potential issues with the 
collection of accident/incident data. FRA will also include these 
revised instructions in the FRA Guide. As an initial matter, the 
instructions contained in the Companion Guide are being revised as they 
could potentially create confusion and problems with FRA's accident/
incident data and require the railroad to retroactively apply the new 
rule and regulations. If a railroad is required to apply the reporting 
and recording regulations contained in the final rule to determine 
whether an accident/incident occurring prior to the effective date is 
reportable, a railroad may potentially have to report an accident/
incident that was not reportable at the time it occurred. For example, 
under the current guidance, a railroad may have to report a suicide or 
attempted suicide even though it occurred prior to the effective date 
of the final rule. The revised instructions, set forth below, will 
ensure that accidents/incidents are reported/recorded in a manner 
consistent with the rules and regulations that were in place at the 
time the accident/incident occurred.
    FRA received numerous questions from the railroads requesting 
additional clarification and instructions with regards to this issue 
indicating that the directions contained in the Companion Guide are 
either too difficult to find and/or to understand. By revising these 
instructions and including them in the FRA Guide, FRA anticipates 
eliminating further confusion, improving compliance, and ensuring 
accurate accident/incident data.

E. Clarifying or Technical Amendments to the FRA Guide

    This document makes the following general clarifying or technical 
amendments throughout the FRA Guide: correct typos and formatting 
issues; highlight key provisions for additional emphasis; and update 
the Index and Table of Content to reflect changes in pagination. 
Moreover, this document updates the publication and effective dates 
throughout the FRA Guide.
1. Chapter 1 of the FRA Guide, ``Overview of Accident/Incident 
Reporting and Recordkeeping Requirements''
    This document makes a clarifying amendment to Chapter 1 of the FRA 
Guide by adding instructions for creating and submitting records and 
reports, including late reports, in addition to amending/correcting 
reports after the final rule's June 1, 2011, effective date for 
accidents/incidents occurring prior to that date. This issue is 
addressed in the preceding discussion related to revisions being made 
to the FRA Companion Guide. This document

[[Page 30859]]

provides notice that the revised directions discussed above are being 
added to the FRA Guide for ease of reference and convenience. 
Consequently, this document adds the revised instructions, which are 
consistent with the revised instructions contained in the Companion 
Guide, to Chapter 1 of the FRA Guide. These instructions explain to 
railroads that:

[w]hen determining whether (and which form(s) to use) to report/
record an accident/incident a railroad must use the forms and 
standards that were in effect on the date that the accident/incident 
occurred. Therefore any reports, including late reports, or records 
created for an accident/incident that occurred prior to June 1, 
2011, are subject to the standards (and required to use the forms) 
that were in effect prior to the Miscellaneous Amendment to the 
Federal Railroad Administration's Accident/Incident Reporting 
Requirements; Final Rule, which became effective June 1, 2011. 75 FR 
68862, November 9, 2010. When amending/correcting a report/record 
after June 1, 2011, for an accident/incident that occurred prior to 
June 1, 2011, a railroad should simply amend/correct the report/
record that was originally created for the accident/incident.

See FRA Guide, Chapter 1. Again, these amendments are appropriate as 
they will clarify the reporting/recording requirements for certain 
accidents/incidents and eliminate any potential data collection issues.
2. Appendix F of the FRA Guide, ``Circumstance Codes''
    This document amends Appendix F of the FRA Guide by adding 
additional Circumstance Codes in response to the petitions for 
reconsideration. The final rule added new Circumstance Codes to 
Appendix F of the FRA Guide for use on Form FRA F 6180.55a, ``Railroad 
Injury and Illness Summary (Continuation Sheet)''.
    This document is adding Location Circumstance Code CE--``On Station 
Platform'' to Part III of the ``Location Circumstance Codes'' in 
response to SEPTA's petition for reconsideration. The preamble to the 
final rule stated that the final rule would change Location 
Circumstance Code C2--``On Platform'' to ``On Platform Station.'' See 
75 FR 68892. However, as SEPTA noted in its petition, the final rule 
did not in fact make this change. While this document adds this new 
code, this document does not remove or replace Location Circumstance 
Code C2--``On Platform''. Upon further review, FRA has determined that 
``On Station Platform'' is too specific to replace ``On Platform'' as 
there are other types of platforms beyond station platforms. As FRA 
wants to continue collecting information about accidents/incidents 
occurring at those locations, this document does not eliminate C2--``On 
Platform''. Moreover, this document uses the code ``On Station 
Platform'' instead of ``On Platform Station'' as the former is a more 
accurate description.
    This document is also amending Appendix F of the FRA Guide by 
adding several additional Circumstance Codes in response to UP's 
petition for reconsideration. FRA has reviewed the additional codes 
recommended by UP and believes that they will improve FRA accident/
incident data. Thus, FRA is adding the following new codes to Appendix 
F--Circumstance Codes as follows:
    (a) To Part I of the ``Location Circumstance Codes'' FRA adds 
codes:
     F--Restroom;
     U--Airport/Airplane;
     V--Freight terminal; and,
     W--Private property.
    (b) To Part III of the ``Location Circumstance Codes'' FRA adds 
codes:
     AA--At freight terminal;
     AB--On tower;
     AC--In cafeteria/lunch room;
     D1--At lodging facility;
     D2--On highway/street;
     D3--On private property;
     D4--On sidewalk/walkway
     D5--In airport;
     D6- In airplane;
     D7--In hotel room;
     E1--On parking lot;
     E2--In building; and,
     E3--In restroom.
    (c) To the ``Tools, Machinery, Appliances, Structures, Surfaces, 
(etc.) Circumstance Codes'' FRA adds code:
     8K--Knuckle.
3. Appendix H to the FRA Guide, ``Forms''
    This document makes a general clarifying or technical amendment to 
each of the accompanying FRA forms, updating the expiration date of 
each form. The Office of Management and Budget (OMB) approved the 
information collections submissions associated with the accident/
incident final rule. As such, the new expiration date for the forms is 
February 28, 2014. FRA received notification of OMB's decision 
following the publication of the final rule and, as such, this document 
makes the technical amendment so that the forms to reflect the change 
in the expiration date.
    The forms are revised as follows:
    Form FRA F 6180.107. This document corrects certain preamble 
language addressing a railroad's obligation to create a Form FRA F 
6180.107 within a proscribed time period. However, this correction will 
not result in any changes to the regulatory text or FRA Guide. In 
discussing revisions to the Form FRA F 6180.107 with regards to block 
23, the final rule stated that:

    FRA is making this revision to ensure that it can discern if the 
railroad entered each claimed occupational illness on the 
appropriate record no later than seven calendar days after receiving 
information or acquiring knowledge that an injury or illness or rail 
equipment accident/incident has occurred, as required in Sec.  
225.25(i)(2).

    See 75 FR 68897. These instructions are an obvious mistake and this 
documents clarifies that, consistent with the instructions in Sec.  
225.21(i)(2) and throughout the preamble to the final rule, a railroad 
must actually enter each claimed occupational illness ``no later than 
seven working days after receiving knowledge that an employee is 
claiming they have incurred an occupational illness.'' See 75 FR 68907. 
This technical amendment is appropriate as the mistake was obvious and 
this document highlights this issue to avoid any potential confusion.

    Form FRA F 6180.150. A technical amendment is being made to Form 
FRA F 6180.150, by removing the word ``draft'' from the form. As stated 
in the final rule, Form FRA F 6180.150 was submitted to OMB and pending 
approval. See 75 FR 68888. FRA submitted the Form FRA F 6180.150 to OMB 
with the final rule. OMB notified FRA that it approved the form, and; 
as such, it may now be used to collection information about potential 
injuries to highway-users involved in highway-rail grade crossing 
accidents/incidents.
4. Appendix J to the FRA Guide, ``Type of Territory Codes''
    This document makes several clarifying and technical amendments to 
Appendix J of the FRA Guide, which provides Type of Territory Codes and 
instructions for the use of those codes when completing block 30, 
``Type of Territory,'' on Form FRA F 6180.54, ``Rail Equipment 
Accident/Incident Report.'' See 75 FR 68897. The codes represent the 
type of territory (i.e., signaled territory versus non-signaled 
territory); the authority for movement (i.e., signal indication; 
mandatory directive; other than main track--Rule 105); and additional 
miscellaneous supplemental codes. See FRA Guide, Appendix H, ``Forms''.
    This document amends the list identifying the various methods of 
control (i.e., systems) contained on page J-2 of the FRA Guide, 
Appendix J, by eliminating the outdated term ``Direct Train Control''. 
Previously, FRA included this term because one particular railroad used 
it as a formal method of operation; however, that

[[Page 30860]]

particular railroad no longer uses that method of operation and has 
since started using Track Warrant Control. Therefore, this term is no 
longer applicable and no longer used in the industry. Thus, FRA is 
removing it for clarity and to avoid any potential confusion. Moreover, 
there will be no conflict with FRA's use of the term Direct Train 
Control as a generic, or ``umbrella,'' term, which FRA uses, generally, 
to refer to this common method of operation in the industry as a whole.
    This document adds supplemental code ``Z-Other-Narrative Required'' 
to the list for position 4 and 5 for non signals on page J-4 of the FRA 
Guide, Appendix J. FRA created the code ``Other-Narrative Required'' to 
ensure that if other existing codes are inadequate the railroads are 
able to accurately complete the field and to ensure that FRA is able to 
obtain a response. FRA discovered that it failed to list this 
supplemental code in two positions. While the directions found on page 
J-1 of the FRA Guide, Appendix J, make it clear that this code is 
always available in case existing codes are insufficient; this document 
adds these codes for clarity and consistency.
    This document also amends the supplemental codes found on pages J-5 
and J-6 so that the supplemental codes consistently correspond to the 
same narrative throughout Appendix J to the FRA Guide. This clarifying 
amendment is intended to eliminate any confusion potentially created in 
the final rule resulting from switching the supplemental code and the 
narrative description throughout Appendix J to the FRA Guide. As a 
result of this amendment, the supplemental codes correspond to the same 
narrative (e.g., Supplemental Code L means Special Instructions) 
throughout Appendix J to the FRA Guide; whereas, under the final rule, 
the supplemental code and its narrative varied throughout Appendix J to 
the FRA Guide. Consequently, the supplemental codes contained in 
Appendix J to the FRA Guide have the following meaning:
     A--Auto Cab Signals
     B--Auto Train Control
     C--Auto Train Stop
     D--Automatic Block Signals System
     E--Broken Rail Monitoring
     F--Direct Traffic Control
     G--Interlocking
     H--Manual Block System
     J--Positive Train Control
     K--Restricted Speed or Equivalent
     L--Special Instructions
     M--Switch Point Monitoring
     N--Time Table/Train Orders
     P--Track Warrant Control
     Q--Traffic Control System/CTC
     R--Yard/Restricted Limits
     T--Other Than Main Track
     Z--Other-Narrative Required
5. Appendix L to the FRA Guide, ``49 CFR part 225''
    The document makes two technical amendments to Appendix L of the 
FRA Guide, which includes the full regulatory text of part 225. The 
final rule included this rule text for ease of reference. This document 
alters only the rule text found in Appendix L of the FRA Guide and does 
not affect any other part of the final rule. First, a technical 
amendment is being made to update the reporting threshold by including 
the reporting threshold for 2011, which is $9,400. The reporting 
threshold for 2011 was calculated and published after the publication 
of the final rule. See 75 FR 75911, December 7, 2010. This revision 
affects Sec.  225.19 (c) and (e), which include a list of the current 
and past reporting thresholds.
    An amendment is also being made to the title of Form FRA F 6180.56 
in Sec.  225.21 in Appendix L of the FRA Guide. The regulatory text 
included Appendix L as part of the final rule identified Form FRA F 
6180.56 as ``Annual Railroad Report of Manhours by State'' and this 
document corrects the form's title to ``Annual Railroad Report of 
Employee Hours and Casualties by State.'' This was an obvious error as 
the form is correctly identified elsewhere in the final rule, the 
actual regulatory text and the FRA Guide.
6. Appendix M to the FRA Guide, ``Telephonic Reporting Chart''
    This document revises the Telephonic Reporting Chart contained in 
Appendix M to the FRA Guide to make clarifying and technical amendments 
in response to the petitions for reconsideration and to make the chart 
consistent with the rule text. In addition, this document makes several 
general technical amendments to the Telephonic Reporting Chart. These 
include updating the footnote numbering as a result of substantive 
changes and correcting typos.
    The Telephonic Reporting Chart is amended in response to SEPTA's 
petition for reconsideration. In its petition for reconsideration, 
SEPTA requested clarification with regards to the use and placement of 
footnote number four dealing with the ``24 hours notification cap'' for 
fatalities resulting from a highway-rail grade crossing accident/
incident. SEPTA noted that the placement of the footnote appeared to 
expand the ``24 hours notification cap'' to all fatalities regardless 
of the circumstances.
    The final rule amended the accident/incident telephonic reporting 
requirements related to fatalities that occur at highway-rail grade 
crossings as a result of train accidents or train incidents. FRA had 
previously required railroads to report immediately to the National 
Response Center (NRC), via telephone, ``a fatality at a highway-rail 
grade crossing as a result of a train accident or train incident.'' 49 
CFR 225.9(a)(2)(iii). FRA found that confusion existed as to the 
applicability of this requirement when death does not occur at the 
scene of the accident/incident, but occurs several hours or days later, 
after the fatally injured person is taken to the hospital for 
treatment.
    As a result, the final rule revised the telephonic reporting 
requirement for highway-rail grade crossing fatalities to require 
telephonic reporting only if death occurs within 24 hours of the 
accident/incident. This revision is consistent with the Department of 
Transportation, Office of Inspector General's November 28, 2005 
recommendation (Report No. MH-2006-016), which recommended that FRA 
amend Sec.  225.9 to clarify the reporting requirements and to include 
criteria requiring railroads to report to NRC any death at a highway-
rail grade crossing, only if death occurs within 24 hours of the 
accident/incident.
    This document updates and moves footnote number four to make it 
clear that the ``24 hours notification cap'' applies only to ``a 
fatality at a highway-rail grade crossing as a result of a train 
accident or train incident'' as explained in the final rule. 49 CFR 
225.9(a)(2)(iii). FRA agrees with SEPTA's contention that the placement 
of the footnote could potentially cause confusion, and; as such, the 
clarifying amendment is appropriate.
    This document updates the Telephonic Reporting Chart contained in 
Appendix M to the FRA Guide to reflect changes made to Sec.  
225.9(a)(2)(iv) and to accurately reflect the regulatory language in 
Sec.  225.9(a)(2)(v). The final rule made a technical amendment to 
paragraph (a)(2)(iv) by adding the words ``or more'' after $150,000, to 
clarify that the telephonic reporting requirement is triggered when a 
train accident results in damage of $150,000 or more to railroad and 
non-railroad property. The Telephonic Reporting Chart is updated to 
reflect this change in the rule text. Similarly, the Telephonic 
Reporting Chart is updated so that it accurately reflects the rule text 
in Sec.  225.9(a)(2)(v) by changing the language from ``damage

[[Page 30861]]

in excess of $25,000'' to ``$25,000 or more''. Both of these amendments 
are necessary to correct obvious errors.
    Finally, in reviewing the Telephonic Reporting Chart, FRA 
discovered that the chart does not include paragraph (a)(1)(iii). Thus, 
the Telephonic Reporting Chart is being amended so that it includes 
paragraph (a)(1)(iii) and accurately reflects the rule text. Again, the 
failure to include this paragraph was an obvious oversight and this 
amendment makes the Telephonic Reporting Chart consistent with the rule 
text.

V. Regulatory Impact and Notices

A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    This revised final rule in response to petitions for 
reconsideration has been evaluated in accordance with existing policies 
and procedures and determined to be non-significant under not only 
Executive Orders 12866 and 13563 but also DOT policies and procedures. 
See 44 FR 11034; February 26, 1979. FRA has analyzed the costs and 
benefits of the revisions to the final rule. With two exceptions, the 
revisions FRA is making are technical corrections or clarifications and 
will not have any economic impact. They will serve to make clear and 
correct the requirements of the final rule and its accompanying FRA 
Guide. Although the addition of circumstance codes for Location as well 
as Tools, Machinery, Appliances, and Structures may add some reporting 
burden, it would be nominal. Parties filling out the forms would have 
more codes to select from to describe the accident or incident 
circumstances, but no fields have been added to any reporting forms. 
FRA is also revising the definition of ``event or exposure arising from 
the operation of the railroad'' in Sec.  225.5, ``Definitions''. In the 
final rule, FRA included non-train incidents in the list of events that 
can result in a reportable injury to a non-employee while off railroad 
property. Upon further review, it appears this amendment was overly 
broad and would capture more information than original intended. As 
such, FRA is removing this from the list.
    Since any burden associated with the added cause codes for 
accidents and incidents would be nominal and the Regulatory Evaluation 
conducted in support of the final rule already took into account the 
impacts of the new definition of ``event or exposure arising from the 
operation of the railroad,'' FRA believes that the outcome of that 
analysis would not be impacted. Even if that were not the case, FRA is 
confident that the cost savings from the revised definitions would 
exceed any additional cost burden. In other words, the revised 
definition represents the least costly alternative for achieving the 
desired safety outcome. To the extent that any additional burden 
results from the additional circumstance codes, it will be nominal and 
have no impact on the findings of the Regulatory Evaluation of the 
final rule.

B. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and 
Executive Order 13272 (67 FR 53461; August 16, 2002) require agency 
review of proposed and final rules to assess their impact on small 
entities. The Regulatory Flexibility Act 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 impact on a 
substantial number of small entities. Pursuant to the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 605(b), the FRA Administrator 
certifies that the revisions to the final rule will not have a 
significant economic impact on a substantial number of small entities. 
Although a substantial number of small railroads will be affected by 
these revisions, none of these entities will be significantly impacted. 
The net impact of these revisions is beneficial stemming from a 
reduction in burden associated with not reporting certain events. At 
the NPRM stage, FRA certified that the proposal would not result in a 
significant economic impact on a substantial number of small entities 
and requested comment on such certification as well all other aspects 
of the NPRM. Although many comments were received in response to the 
NPRM, no comments directly addressed the certification. In developing 
the final rule, FRA considered all comments received in response to the 
NPRM. FRA also certified that the final rule would not have a 
significant economic impact on a substantial number of small entities.
    ``Small entity'' is defined in 5 U.S.C. 601 as including a small 
business concern that is independently owned and operated, and is not 
dominant in its field of operation. The U.S. Small Business 
Administration (SBA) has authority to regulate issues related to small 
businesses, and stipulates in its size standards that a ``small 
entity'' in the railroad industry is a for profit ``line-haul 
railroad'' that has fewer than 1,500 employees, a ``short line 
railroad'' with fewer than 500 employees, or a ``commuter rail system'' 
with annual receipts of less than seven million dollars. See ``Size 
Eligibility Provisions and Standards,'' 13 CFR part 121 subpart A. 
Additionally, section 601(5) defines as ``small entities'' governments 
of cities, counties, towns, townships, villages, school districts, or 
special districts with populations less than 50,000. Federal agencies 
may use a different standard for small entities, in consultation with 
SBA and in conjunction with public comment. Pursuant to that authority 
FRA has published a final statement of agency policy that formally 
establishes ``small entities'' or ``small businesses'' as being 
railroads, contractors and hazardous materials shippers that meet the 
revenue requirements of a Class III railroad as set forth in 49 CFR 
1201.1-1, which is $20 million or less in inflation-adjusted annual 
revenues, and commuter railroads or small governmental jurisdictions 
that serve populations of 50,000 or less. See 68 FR 24891, May 9, 2003, 
codified at Appendix C to 49 CFR part 209. The $20 million limit is 
based on the Surface Transportation Board's revenue threshold for a 
Class III railroad carrier. Railroad revenue is adjusted for inflation 
by applying a revenue deflator formula in accordance with 49 CFR 
1201.1-1. FRA is using this definition for this rulemaking. This final 
rule applies to railroads. There are approximately 665 small railroads 
that would be affected by this final rule. The factual basis for the 
certification that this final rule will not have a significant economic 
impact on a substantial number of small entities, is that the total 
cost of complying with the final rule will be either unchanged or 
reduced.

C. Paperwork Statement--Accident/Incident Reporting and Recordkeeping

    This response to petitions for reconsideration of the final rule 
does not change any of the information collection requirements and 
associated estimated burden contained in the original final rule.

D. Federalism Implications

    This response to petitions for reconsideration and the revised 
final rule have been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, ``Federalism'' (64 FR 
43255, Aug. 10, 1999), which 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

[[Page 30862]]

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, the agency consults with 
State and local governments, or the agency consults with State and 
local government officials early in the process of developing the 
proposed 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 believes it is in compliance with Executive Order 131132. 
Because the amendments contained in this response to petitions for 
reconsideration of the final rule either clarify requirements currently 
contained in the final rule or allow for greater flexibility in 
complying with the final rule, this document will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, nor on the distribution of power and 
responsibilities among various levels of government. In addition, FRA 
has determined that this response to petitions for reconsideration of 
the final rule will not impose substantial direct compliance costs on 
State and local governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    FRA notes that this part could have preemptive effect by the 
operation of law under the FRSA. See 49 U.S.C. 20106. Section 20106 
provides that States may not adopt or continue in effect any law, 
regulation, or order related to railroad safety or security that covers 
the subject matter of a regulation prescribed or issued by the 
Secretary of Transportation (with respect to railroad safety matters) 
or the Secretary of Homeland Security (with respect to railroad 
security matters), except when the State law, regulation, or order 
qualifies under the ``essentially local safety or security hazard'' 
exception to Sec.  20106.
    In sum, FRA has analyzed this response to petitions for 
reconsideration in accordance with the principles and criteria 
contained in Executive Order 13132, and has determined that preparation 
of a federalism summary impact statement for this document is not 
required.

E. International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards 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. This response to the petitions for reconsideration and the 
revised final rule are purely domestic in nature and are not expected 
to affect trade opportunities for U.S. firms doing business overseas or 
for foreign firms doing business in the United States.

F. Environmental Impact

    FRA has evaluated this response to the petitions for 
reconsideration 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 response to the 
petitions for reconsideration 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. 
See 64 FR 28547; May 26, 1999. Section 4(c)(20) reads as follows:

    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: 
* * * 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.

    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 response to petitions for reconsideration that 
might trigger the need for a more detailed environmental review. As a 
result, FRA finds that this revised final rule is not a major Federal 
action significantly affecting the quality of the human environment.

G. 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 $100 million or more (adjusted 
annually for inflation) [$140.8 million in 2010] 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 response to the petitions for 
reconsideration of the final rule, including the revised final rule, 
would not result in the expenditure, in the aggregate, of $140.8 
million or more in any one year, and thus preparation of such a 
statement is not required.

H. 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: (1)(i) That 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 response to the petitions for 
reconsideration of the final rule, including the revised final rule, in 
accordance with Executive Order 13211. FRA has determined that this 
revised final rule is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy.

[[Page 30863]]

Consequently, FRA has determined that this regulatory action is not a 
``significant energy action'' within the meaning of Executive Order 
13211.

I. Privacy Act

    Interested parties should be aware that anyone is able to search 
the electronic form of all 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.). To get more information on this matter and to view the 
Regulations.gov Privacy Notice go to https://www.regulations.gov/search/footer/privacyanduse.jsp. You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78).

List of Subjects in 49 CFR Part 225

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

    For the reasons discussed in the preamble, 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 1.49.


0
2. Section 225.5 is amended by revising paragraph (1)(ii)(A) in the 
definition of ``event or exposure arising from the operation of a 
railroad'' to read as follows:


Sec.  225.5  Definitions.

* * * * *
    Event or exposure arising from the operation of a railroad means--
    (1) * * *
    (ii) * * *
    (A) A train accident or a train incident involving the railroad; or
* * * * *

    Issued in Washington, DC, on May 24, 2011.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.
[FR Doc. 2011-13295 Filed 5-26-11; 8:45 am]
BILLING CODE 4910-06-P