Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2012, 72850-72852 [2011-30540]
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72850
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
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agency may not conduct or sponsor a
collection of information unless it
displays a current, valid OMB Control
Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–
0906 and the total annual reporting
burdens for respondents for this
information collection are as follows:
OMB Control Number: 3060–0906.
Title: 47 CFR 73.624(g), FCC Form
317.
OMB Approval Dates: February 7,
2011 and November 17, 2011.
OMB Expiration Date: November 30,
2014.
Form Number: FCC Form 317.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for
profit entities; Not for profit institutions;
State, local or Tribal government.
Number of Respondents/Responses:
9,351 respondents; 18,782 responses.
Estimated Hours per Response: 2–4
hours.
Frequency of Response:
Recordkeeping requirement; Annual
reporting requirement.
Total Annual Burden: 56,346 hours.
Total Annual Cost: $1,408,650.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 154(i), 301, 303,
336 and 403 of the Communications Act
of 1934, as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Assessment: No impact(s).
Needs and Uses: 47 CFR 73.624(g)
adds a new group of respondents to this
collection (namely, ‘‘low power
television, TV translator, and Class A
television station DTV licensees’’). The
Commission has also revised FCC Form
317 and its instructions to indicate that
low power television, TV translator, and
Class A television station DTV licensees
are required to file FCC Form 317 and
to report their ancillary and
supplementary services, make the
required payment to the Commission,
and retain the appropriate records.
Section 73.624(g) also adds a new
group of respondents to this collection
(namely, ‘‘low power television, TV
translator, and Class A television station
DTV stations operating pursuant to
STA’’). The Commission has also
revised FCC Form 317 and its
instructions to indicate that low power
television, TV translator, and Class A
television station DTV stations
operating pursuant to STA are required
to file FCC Form 317 (which includes
reporting their ancillary and
supplementary services, making the
required payment to the Commission,
and retaining the appropriate records).
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–30424 Filed 11–25–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[FRA–2008–0136, Notice No. 4]
RIN 2130–ZA05
Adjustment of Monetary Threshold for
Reporting Rail Equipment Accidents/
Incidents for Calendar Year 2012
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This rule increases the rail
equipment accident/incident reporting
threshold from $9,400 to $9,500 for
certain railroad accidents/incidents
involving property damage that occur
during calendar year 2012. This action
is needed to ensure that FRA’s reporting
requirements reflect cost increases that
have occurred since the reporting
threshold was last published in
December of 2010.
DATES: This regulation is effective
January 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Kebo Chen, Staff Director, U.S.
Department of Transportation, Federal
Railroad Administration, Office of
Safety Analysis, RRS–22, Mail Stop 25,
West Building 3rd Floor, Room W33–
314, 1200 New Jersey Ave. SE.,
SUMMARY:
Washington, DC 20590 (telephone (202)
493–6079); or Gahan Christenson, Trial
Attorney, U.S. Department of
Transportation, Federal Railroad
Administration, Office of Chief Counsel,
RCC–10, Mail Stop 10, West Building
3rd Floor, Room 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. 75 FR 75911 (December 7,
2010). 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
$9,400, which applies to rail equipment
accidents/incidents that occur during
calendar year 2011, should increase by
$100 to $9,500 for equipment accidents/
incidents occurring during calendar
year 2012, effective January 1, 2012. 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
$9,400
$24.92646
$24.73606
186.36666
184.56666
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
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 Producer Price Index
(PPI) value; Eprior = Prior equipment
average PPI value. Using the above
figures, the calculated new threshold,
(Tnew) is $9,530.47, which is rounded
to the nearest $100 for a final new
reporting threshold of $9,500.
Notice and Comment Procedures
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.
Regulatory Impact
Executive Orders 12866 and 13563 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 13563 in addition to DOT
policies and procedures (44 FR 11034
(Feb. 26, 1979)).
pmangrum on DSK3VPTVN1PROD 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,
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contractor, or other respondent is a
small entity. Id.
About 721 of the approximately 754
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
3,000 rail equipment accidents/
incidents were reported in 2006, with
small railroads reporting 379 of them.
Data for 2007 show that 2,694 rail
equipment accidents/incidents were
reported, with small railroads reporting
368 of them. Data for 2008 show that
2,478 rail equipment accidents/
incidents were reported, with small
railroads reporting 296 of them. In 2009,
1,905 rail equipment accidents/
incidents were reported, and small
railroads reported 272 of them. In 2010,
1,888 rail equipment accidents/
incidents were reported, with small
railroads reporting 258 of them. On
average for those five calendar years,
small railroads reported about 13%
(ranging from 12% to 14%) 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 2011 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.
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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,’’ signed 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
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
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
[$140,800,000 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 $140,800,000 or more in
any one year, and thus preparation of
such a statement is not required.
pmangrum on DSK3VPTVN1PROD with RULES
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
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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
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]
2. Amend § 225.19 by revising the first
sentence of paragraph (c) and revising
paragraph (e) to read as follows:
■
§ 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 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, $9,200 for calendar year
2010, $9,400 for calendar year 2011 and
$9,500 for calendar year 2012) 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, $9,200 for calendar year
2010, $9,400 for calendar year 2011 and
$9,500 for calendar year 2012. The
procedure for determining the reporting
threshold for calendar years 2006 and
beyond appears as paragraphs 1–8 of
appendix B to part 225.
*
*
*
*
*
■
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.
Issued in Washington, DC, on November
21, 2011.
Joseph C. Szabo,
Administrator.
[FR Doc. 2011–30540 Filed 11–25–11; 8:45 am]
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]]>Agencies
[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Rules and Regulations]
[Pages 72850-72852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30540]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[FRA-2008-0136, Notice No. 4]
RIN 2130-ZA05
Adjustment of Monetary Threshold for Reporting Rail Equipment
Accidents/Incidents for Calendar Year 2012
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule increases the rail equipment accident/incident
reporting threshold from $9,400 to $9,500 for certain railroad
accidents/incidents involving property damage that occur during
calendar year 2012. This action is needed to ensure that FRA's
reporting requirements reflect cost increases that have occurred since
the reporting threshold was last published in December of 2010.
DATES: This regulation is effective January 1, 2012.
FOR FURTHER INFORMATION CONTACT: Kebo Chen, Staff Director, U.S.
Department of Transportation, Federal Railroad Administration, Office
of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room
W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone
(202) 493-6079); or Gahan Christenson, Trial Attorney, U.S. Department
of Transportation, Federal Railroad Administration, Office of Chief
Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room 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. 75 FR 75911
(December 7, 2010). 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 $9,400, which applies to rail equipment
accidents/incidents that occur during calendar year 2011, should
increase by $100 to $9,500 for equipment accidents/incidents occurring
during calendar year 2012, effective January 1, 2012. 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
----------------------------------------------------------------------------------------------------------------
$9,400 $24.92646 $24.73606 186.36666 184.56666
----------------------------------------------------------------------------------------------------------------
[[Page 72851]]
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 Producer
Price Index (PPI) value; Eprior = Prior equipment average PPI value.
Using the above figures, the calculated new threshold, (Tnew) is
$9,530.47, which is rounded to the nearest $100 for a final new
reporting threshold of $9,500.
Notice and Comment Procedures
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.
Regulatory Impact
Executive Orders 12866 and 13563 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 13563 in addition to 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 721 of the approximately 754 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 3,000 rail equipment accidents/incidents
were reported in 2006, with small railroads reporting 379 of them. Data
for 2007 show that 2,694 rail equipment accidents/incidents were
reported, with small railroads reporting 368 of them. Data for 2008
show that 2,478 rail equipment accidents/incidents were reported, with
small railroads reporting 296 of them. In 2009, 1,905 rail equipment
accidents/incidents were reported, and small railroads reported 272 of
them. In 2010, 1,888 rail equipment accidents/incidents were reported,
with small railroads reporting 258 of them. On average for those five
calendar years, small railroads reported about 13% (ranging from 12% to
14%) 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 2011 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,'' signed 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
[[Page 72852]]
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 [$140,800,000 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
$140,800,000 or more in any one year, and thus preparation of such a
statement is not required.
Energy Impact
Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355 (May 22, 2001). Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking: That (1)(i) is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this 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
In consideration of the foregoing, FRA amends part 225 of chapter
II, subtitle B of title 49, Code of Federal Regulations, as follows:
PART 225--[AMENDED]
0
1. The authority citation for part 225 continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301,
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.
0
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, $9,200 for calendar
year 2010, $9,400 for calendar year 2011 and $9,500 for calendar year
2012) 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,
$9,200 for calendar year 2010, $9,400 for calendar year 2011 and $9,500
for calendar year 2012. 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 November 21, 2011.
Joseph C. Szabo,
Administrator.
[FR Doc. 2011-30540 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-06-P
