80 FR 80683 - Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2016
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 248 (December 28, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 248 (December 28, 2015)
| Page Range | 80683-80686 | |
| FR Document | 2015-32545 |
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)] [Rules and Regulations] [Pages 80683-80686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32545] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 225 [FRA-2008-0136, Notice No. 8] RIN 2130-ZA13 Monetary Threshold for Reporting Rail Equipment Accidents/ Incidents for Calendar Year 2016 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule maintains the rail equipment accident/incident monetary reporting threshold at $10,500 for railroad accidents/ incidents involving property damage that occur during calendar year (CY) 2016 that FRA's accident/incident reporting regulations require to be reported to the agency. FRA is maintaining the reporting threshold at the same level it did in CY 2015, and CY 2014, because, in part, the wage and equipment data for the second-quarter of 2015 (i.e., the data used to calculate the threshold) changed only slightly (about 1 percent) from second-quarter 2014 values. In addition, FRA is maintaining the monetary threshold for CY 2016 at the CY 2015 level while it reexamines the method for calculating the monetary threshold. DATES: This final rule is effective January 1, 2016. FOR FURTHER INFORMATION CONTACT: Kebo Chen, Staff Director, U.S. Department of Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202- 493-6079); or Sara Mahmoud-Davis, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W33-435, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-366- 1118). 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). See 49 CFR 225.19(b), (c) and 225.21(a). Paragraphs (c) and (e) of 49 CFR 225.19 further provide that FRA will adjust the dollar figure that constitutes the reporting threshold for rail equipment accidents/ incidents, if necessary, every year under the procedures in appendix B to 49 CFR part 225 (Appendix B) to reflect any cost increases or decreases. In this rule, FRA is keeping the monetary threshold for CY 2016, at $10,500, the same as the monetary threshold for CY 2014 and CY 2015. FRA is maintaining the reporting threshold at the same level as CY 2015 because, in part, the wage and equipment data for the second-quarter of 2015 (i.e., the data used to calculate the threshold) changed only slightly (about 1 percent) from second-quarter 2014 values. FRA believes that the wage and equipment data support keeping the reporting threshold the same for CY 2016. Also, FRA anticipates making changes to the methodology for calculating the reporting threshold in the coming year. In addition to periodically reviewing and adjusting the annual threshold under Appendix B, FRA periodically amends its method for calculating the threshold. In 49 U.S.C. 20901(b), Congress requires that FRA base the threshold on publicly available information obtained from the Bureau of Labor Statistics (BLS), other objective government source, or be subject to notice and comment. In 1996, FRA adopted a new method for calculating the monetary reporting threshold for accidents/ incidents. See 61 FR 60632, Nov. 29, 1996. In 2005, FRA again amended its method for calculating the reporting threshold because the BLS ceased collecting and publishing the railroad wage data FRA used in the calculation. Consequently, FRA substituted railroad employee wage data the Surface Transportation Board (STB) collects for the data BLS ceased to collect. See 70 FR 75414, Dec. 20, 2005. In 2016, FRA intends to evaluate and amend, if appropriate, its method for calculating the monetary threshold for accident/incident reporting and, as a result, the formula utilized to calculate the threshold may change. FRA intends to reexamine its method for calculating the reporting threshold because new methodologies for calculating the threshold are available. FRA believes updating its methodology to include these advances will ensure the reporting threshold reflects changes in equipment and labor costs as accurately as possible. Maintaining Current Reporting Threshold Approximately one year has passed since FRA reviewed the rail equipment accident/incident reporting threshold. See 79 FR 77397, Dec. 24, 2014. Consequently, FRA reviewed the threshold as 49 CFR 225.19(c) requires, and found that costs for labor remained the same and costs for equipment increased only slightly relative to approximately one year ago. In reviewing the threshold, FRA gathered wage and equipment data from the STB and BLS respectively. Under the procedure in Appendix B, FRA averaged the wages for Group No. 300 (Maintenance of Way and Structures) and Group No. 400 (Maintenance of Equipment and Stores employees). FRA averaged the monthly equipment indices from the Producer Price Index (PPI) to produce a quarterly average. Consistent with Appendix B, FRA utilized data from the second-quarter of 2014 to the second-quarter of 2015. To determine the changes in wages and prices over this time period, FRA calculated the quarter-to-quarter changes (i.e., changes between each consecutive quarter from the second-quarter of 2014 to the second- quarter of 2015). In addition, FRA calculated the quarter-over-quarter change (i.e., the change using only the beginning and ending quarters of the selected time period). The results are illustrated in the table below. Considering the wage input to the threshold first, the average quarter-to-quarter change in wages is 0 percent, although individual quarter-to-quarter changes ranged from negative 3 percent to 5 percent. The quarter-over-quarter change in wages is negative 0.1 percent (rounded to 0 percent in the table). Based on no overall change in wages, the reporting threshold would not change for 2016. Examining the change in equipment PPI over the same time period shows an average quarter-to-quarter increase of 0.5 percent. The quarter-over-quarter change is about 2 percent. The 2 percent change, when applied to the current $10,500 reporting threshold, would indicate an increase of about $200. However, the formula for calculating the [[Page 80684]] reporting threshold weights the wage input to the formula by 40 percent and the equipment input by 60 percent. The weights in the formula cause the impact of the equipment index to be reduced to 1.2 percent, or about one-half the 2 percent quarter-to-quarter increase. The 1.2 percent change applied to the current threshold would yield a new reporting threshold of $10,600, a relatively small change. Considering that such a change would only affect accidents/incidents with damages near this reporting threshold amount, FRA expects the number of affected accidents/incidents to be small. Only accidents/incidents that occurred in 2015 which were slightly below the current $10,500 reporting threshold may become reportable in 2016.\1\ Given FRA's intent to reexamine its method for calculating the reporting threshold in 2016, the small changes in wages and equipment during the current analysis period, and the and the resulting minimal effect on the reporting threshold for CY 2016, FRA is maintaining the current reporting threshold of $10,500 for reporting rail equipment accidents/ incidents that occur in CY 2016. --------------------------------------------------------------------------- \1\ For example, if an accident/incident occurred in 2015 that resulted in damages of $10,450, it would not be reportable. Given a potential increase in equipment and wages of 1.2 percent (weighted), reported damages for that same accident if it occurred in 2016 would be $10,575 ($10,450 *1.012 = $10,575). If FRA increased the threshold to $10,600 for 2016, that accident/incident would still not be reportable. However, if FRA keeps the threshold at $10,500, that accident will be reportable in 2016. Table--Small Changes in Wages and Equipment Indices ---------------------------------------------------------------------------------------------------------------- Equipment Quarter Wage* Percent change index* Percent change ---------------------------------------------------------------------------------------------------------------- Q2 2014........................................ $29.65 .............. 196.6 ............... Q3 2014........................................ 28.76 -3 198.0 1 Q4 2014........................................ 29.78 0 199.6 1 Q1 2015........................................ 30.31 5 200.3 0 Q2 2015........................................ 29.60 -2 200.6 0 ---------------------------------------------------------------------------------------------------------------- Average Change Quarter-to-Quarter.............................. 0 .............. 0.5 ---------------------------------------------------------------------------------------------------------------- Percent Change Quarter-over-Quarter (Q2 2014 to Q2 2015)....... 0 .............. 2 ---------------------------------------------------------------------------------------------------------------- *Source for wage is STB. Source for equipment index is BLS. Notice and Comment Procedures In this rule, FRA is maintaining the current monetary reporting threshold for the reasons explained above, and, under the final rule published December 20, 2005. See 70 FR 75414. FRA finds this rule imposes no additional burden on any person, but rather is intended to provide 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 a final rule. As appropriate, FRA regularly recalculates the monetary reporting threshold using the formula published in Appendix B near the end of each calendar year. FRA attempts to use the most recent data available to calculate the updated reporting threshold prior to the next calendar year. FRA believes that issuing this rule no later than December of each calendar year and making the rule effective on January 1, of the next year, allows FRA to use the most up-to-date data to calculate the reporting threshold and to compile data that accurately reflects rising wages and equipment costs. As such, FRA finds that it has good cause to make this final rule effective January 1, 2016. Regulatory Impact Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures FRA evaluated this rule under existing policies and procedures, and determined it to be non-significant under both Executive Orders 12866 and 13563 in addition to DOT policies and procedures. See 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 (Public Law 104-121), FRA issued a final policy statement that formally establishes ``small entities'' are railroads that meet the line-haulage revenue requirements of a Class III railroad. 49 CFR part 209, app. C. For other entities, the same dollar limit in revenues governs whether a railroad, contractor, or other respondent is a small entity. Id. FRA considers about 730 of the approximately 779 railroads in the United States small entities. FRA certifies 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 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 railroads reported 1,902 rail equipment accidents/incidents in 2010, with small railroads reporting 303 of them. Data for 2011 show that railroads reported 2,022 rail equipment accidents/incidents, with small railroads reporting 307 of them. In 2012, railroads reported 1,760 rail equipment accidents/incidents, with small railroads reporting 292 of them. In 2013, railroads reported 1,824 rail equipment accidents/ incidents, with small railroads reporting 299 of them. In 2014, railroads reported 1,758 rail equipment accidents/incidents, with small railroads reporting 247 of them. On average over those five calendar years, small railroads reported about 16 percent of the total number of rail equipment accidents/incidents, [[Page 80685]] ranging from 14 percent to 16 percent annually. FRA notes that this data is accurate as of the date of issuance of this final rule, and is subject to minor changes due to additional reporting. This rulemaking maintains the monetary reporting threshold at the CY 2014 and CY 2015 level of $10,500. Increasing the reporting threshold would have potentially slightly decreased the reporting burden for railroads in 2016. However, only accidents/incidents with reportable damages near the reporting threshold will be affected. In any case, railroads still maintain records of accountable accidents/ incidents that are below the reporting threshold, thus minimizing any potential additional burden to report these accidents to FRA caused by keeping the threshold the same in CY 2016. Railroads would potentially incur a small reporting burden, but not the burden to gather this accident/incident information. Also, overall wage rates have not increased, and equipment costs have increased only about 1 percent from the second-quarter of CY 2015 compared to the second-quarter of CY 2014, according to the average PPI Series WPU144 for group transportation equipment and item railroad equipment the BLS published for April, May, and June 2015. Therefore, the overall effect of this rule likely will be neutral or minimal. Any change in 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 or additional information collection requirements associated with this final rule. FRA's collection of accident/incident reporting and recordkeeping information is currently approved under OMB No. 2130-0500. Therefore, FRA is not required to provide an estimate of a public reporting burden in this document. Federalism Implications Executive Order 13132, 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. FRA analyzed this final rule under the principles and criteria in Executive Order 13132. This rule will not have a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and the responsibilities among the various levels of government, as specified in the Executive Order 13132. Accordingly, FRA determined this rule will not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism assessment. Therefore, FRA did not prepare a federalism assessment. Environmental Impact FRA evaluated this rule under its ``Procedures for Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545, May 26, 1999) as the National Environmental Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, and related regulations require. FRA determined 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 under section 4(c)(20) of FRA's Procedures. See 64 FR 28545, 28547, May 26, 1999. Under section 4(c) and (e) of FRA's Procedures, FRA further concluded that no extraordinary circumstances exist with respect to this rule that might trigger the need for a more detailed environmental review. Accordingly, FRA finds this rule is not a major Federal action significantly affecting the quality of the human environment. Unfunded Mandates Reform Act of 1995 Under Section 201 of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).'' Section 202 of the Act (2 U.S.C. 1532) further requires that ``before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement'' detailing the effect on State, local, and tribal governments and the private sector. When adjusted for inflation using BLS' Consumer Price Index for All Urban Consumers, the equivalent value of $100,000,000 in year 2014 dollars is $155,000,000.\2\ The final rule will not result in the expenditure, in the aggregate, of $155,000,000 or more in any one year, and thus preparation of such a statement is not required. --------------------------------------------------------------------------- \2\ See U.S. Department of Transportation guidance at, ``2015 Threshold of Significant Regulatory Actions Under the Unfunded Mandates Reform Act of 1995,'' May 6, 2015 (update), http://www.transportation.gov/office-policy/transportation-policy/2015-threshold-significant-regulatory-actions-under-unfunded. --------------------------------------------------------------------------- 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 [a]ny 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 final rule under 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 Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. List of Subjects in 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. [[Page 80686]] The Rule In consideration of the foregoing, FRA amends part 225 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: PART 225-[AMENDED] 0 1. The authority citation for part 225 continues to read as follows: Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. 0 2. Amend Sec. 225.19 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, $9,500 for calendar year 2012, $9,900 for calendar year 2013, $10,500 for calendar year 2014, $10,500 for calendar year 2015, and $10,500 for calendar year 2016) 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, $9,500 for calendar year 2012, $9,900 for calendar year 2013, $10,500 for calendar year 2014, $10,500 for calendar year 2015, and $10,500 for calendar year 2016. The procedure for determining the reporting threshold for calendar years 2006 and beyond appears as paragraphs 1-8 of appendix B to part 225. * * * * * Issued in Washington, DC, on December 21, 2015. Sarah Feinberg, Administrator. [FR Doc. 2015-32545 Filed 12-24-15; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80683
Issued in Washington, DC on December 21, explosion, act of God, or other event result, the formula utilized to calculate
2015. involving the operation of railroad on- the threshold may change. FRA intends
Sarah Feinberg, track equipment (standing or moving) to reexamine its method for calculating
Administrator. that results in damages to railroad on- the reporting threshold because new
[FR Doc. 2015–32544 Filed 12–24–15; 8:45 am] track equipment, signals, tracks, track methodologies for calculating the
BILLING CODE 4910–06–P structures, or roadbed, including labor threshold are available. FRA believes
costs and the costs for acquiring new updating its methodology to include
equipment and material, greater than these advances will ensure the reporting
DEPARTMENT OF TRANSPORTATION the reporting threshold for the year in threshold reflects changes in equipment
which the event occurs. 49 CFR and labor costs as accurately as possible.
Federal Railroad Administration 225.19(c). Each rail equipment accident/
Maintaining Current Reporting
incident must be reported to FRA using
Threshold
49 CFR Part 225 the Rail Equipment Accident/Incident
Report (Form FRA F 6180.54). See 49 Approximately one year has passed
[FRA–2008–0136, Notice No. 8]
CFR 225.19(b), (c) and 225.21(a). since FRA reviewed the rail equipment
RIN 2130–ZA13 Paragraphs (c) and (e) of 49 CFR 225.19 accident/incident reporting threshold.
further provide that FRA will adjust the See 79 FR 77397, Dec. 24, 2014.
Monetary Threshold for Reporting Rail dollar figure that constitutes the Consequently, FRA reviewed the
Equipment Accidents/Incidents for reporting threshold for rail equipment threshold as 49 CFR 225.19(c) requires,
Calendar Year 2016 accidents/incidents, if necessary, every and found that costs for labor remained
AGENCY: Federal Railroad year under the procedures in appendix the same and costs for equipment
Administration (FRA), Department of B to 49 CFR part 225 (Appendix B) to increased only slightly relative to
reflect any cost increases or decreases. approximately one year ago.
Transportation (DOT).
In this rule, FRA is keeping the In reviewing the threshold, FRA
ACTION: Final rule. gathered wage and equipment data from
monetary threshold for CY 2016, at
SUMMARY: This rule maintains the rail $10,500, the same as the monetary the STB and BLS respectively. Under
equipment accident/incident monetary threshold for CY 2014 and CY 2015. the procedure in Appendix B, FRA
reporting threshold at $10,500 for FRA is maintaining the reporting averaged the wages for Group No. 300
railroad accidents/incidents involving threshold at the same level as CY 2015 (Maintenance of Way and Structures)
property damage that occur during because, in part, the wage and and Group No. 400 (Maintenance of
calendar year (CY) 2016 that FRA’s equipment data for the second-quarter Equipment and Stores employees). FRA
accident/incident reporting regulations of 2015 (i.e., the data used to calculate averaged the monthly equipment
the threshold) changed only slightly indices from the Producer Price Index
require to be reported to the agency.
(about 1 percent) from second-quarter (PPI) to produce a quarterly average.
FRA is maintaining the reporting
2014 values. FRA believes that the wage Consistent with Appendix B, FRA
threshold at the same level it did in CY
and equipment data support keeping the utilized data from the second-quarter of
2015, and CY 2014, because, in part, the
reporting threshold the same for CY 2014 to the second-quarter of 2015.
wage and equipment data for the
2016. Also, FRA anticipates making To determine the changes in wages
second-quarter of 2015 (i.e., the data
changes to the methodology for and prices over this time period, FRA
used to calculate the threshold) changed
calculating the reporting threshold in calculated the quarter-to-quarter
only slightly (about 1 percent) from
the coming year. changes (i.e., changes between each
second-quarter 2014 values. In addition,
In addition to periodically reviewing consecutive quarter from the second-
FRA is maintaining the monetary
and adjusting the annual threshold quarter of 2014 to the second-quarter of
threshold for CY 2016 at the CY 2015
under Appendix B, FRA periodically 2015). In addition, FRA calculated the
level while it reexamines the method for
amends its method for calculating the quarter-over-quarter change (i.e., the
calculating the monetary threshold.
threshold. In 49 U.S.C. 20901(b), change using only the beginning and
DATES: This final rule is effective Congress requires that FRA base the ending quarters of the selected time
January 1, 2016. threshold on publicly available period). The results are illustrated in the
FOR FURTHER INFORMATION CONTACT: information obtained from the Bureau of table below.
Kebo Chen, Staff Director, U.S. Labor Statistics (BLS), other objective Considering the wage input to the
Department of Transportation, Federal government source, or be subject to threshold first, the average quarter-to-
Railroad Administration, Office of notice and comment. In 1996, FRA quarter change in wages is 0 percent,
Safety Analysis, RRS–22, Mail Stop 25, adopted a new method for calculating although individual quarter-to-quarter
West Building 3rd Floor, Room W33– the monetary reporting threshold for changes ranged from negative 3 percent
314, 1200 New Jersey Ave. SE., accidents/incidents. See 61 FR 60632, to 5 percent. The quarter-over-quarter
Washington, DC 20590 (telephone 202– Nov. 29, 1996. In 2005, FRA again change in wages is negative 0.1 percent
493–6079); or Sara Mahmoud-Davis, amended its method for calculating the (rounded to 0 percent in the table).
Trial Attorney, U.S. Department of reporting threshold because the BLS Based on no overall change in wages,
Transportation, Federal Railroad ceased collecting and publishing the the reporting threshold would not
Administration, Office of Chief Counsel, railroad wage data FRA used in the change for 2016.
RCC–10, Mail Stop 10, West Building calculation. Consequently, FRA Examining the change in equipment
3rd Floor, Room W33–435, 1200 New substituted railroad employee wage data PPI over the same time period shows an
mstockstill on DSK4VPTVN1PROD with RULES
Jersey Ave. SE., Washington, DC 20590 the Surface Transportation Board (STB) average quarter-to-quarter increase of
(telephone 202–366–1118). collects for the data BLS ceased to 0.5 percent. The quarter-over-quarter
SUPPLEMENTARY INFORMATION: collect. See 70 FR 75414, Dec. 20, 2005. change is about 2 percent. The 2 percent
In 2016, FRA intends to evaluate and change, when applied to the current
Background amend, if appropriate, its method for $10,500 reporting threshold, would
A ‘‘rail equipment accident/incident’’ calculating the monetary threshold for indicate an increase of about $200.
is a collision, derailment, fire, accident/incident reporting and, as a However, the formula for calculating the
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ranging from 14 percent to 16 percent regulation, and a statement of the extent to before promulgating any final rule for
annually. FRA notes that this data is which the concerns of the State and local which a general notice of proposed
accurate as of the date of issuance of officials have been met. rulemaking was published, the agency
this final rule, and is subject to minor FRA analyzed this final rule under the shall prepare a written statement’’
changes due to additional reporting. principles and criteria in Executive detailing the effect on State, local, and
This rulemaking maintains the Order 13132. This rule will not have a tribal governments and the private
monetary reporting threshold at the CY substantial direct effect on States, on the sector. When adjusted for inflation
2014 and CY 2015 level of $10,500. relationship between the National using BLS’ Consumer Price Index for All
Increasing the reporting threshold Government and the States, or on the Urban Consumers, the equivalent value
would have potentially slightly distribution of power and the of $100,000,000 in year 2014 dollars is
decreased the reporting burden for responsibilities among the various $155,000,000.2 The final rule will not
railroads in 2016. However, only levels of government, as specified in the result in the expenditure, in the
accidents/incidents with reportable Executive Order 13132. Accordingly, aggregate, of $155,000,000 or more in
damages near the reporting threshold FRA determined this rule will not have any one year, and thus preparation of
will be affected. In any case, railroads sufficient federalism implications to such a statement is not required.
still maintain records of accountable warrant consultation with State and
local officials or the preparation of a Energy Impact
accidents/incidents that are below the
reporting threshold, thus minimizing federalism assessment. Therefore, FRA Executive Order 13211 requires
any potential additional burden to did not prepare a federalism assessment. Federal agencies to prepare a Statement
report these accidents to FRA caused by of Energy Effects for any ‘‘significant
Environmental Impact
keeping the threshold the same in CY energy action.’’ 66 FR 28355, May 22,
2016. Railroads would potentially incur FRA evaluated this rule under its 2001. Under the Executive Order, a
a small reporting burden, but not the ‘‘Procedures for Considering ‘‘significant energy action’’ is defined as
burden to gather this accident/incident Environmental Impacts’’ (FRA’s
[a]ny action by an agency (normally
information. Also, overall wage rates Procedures) (64 FR 28545, May 26, published in the Federal Register) that
have not increased, and equipment costs 1999) as the National Environmental promulgates or is expected to lead to the
have increased only about 1 percent Policy Act (42 U.S.C. 4321 et seq.), other promulgation of a final rule or regulation,
from the second-quarter of CY 2015 environmental statutes, Executive including notices of inquiry, advance notices
Orders, and related regulations require. of proposed rulemaking, and notices of
compared to the second-quarter of CY proposed rulemaking: (1)(i) that is a
2014, according to the average PPI FRA determined this regulation is not a
major FRA action (requiring the significant regulatory action under Executive
Series WPU144 for group transportation Order 12866 or any successor order, and (ii)
preparation of an environmental impact
equipment and item railroad equipment is likely to have a significant adverse effect
statement or environmental assessment) on the supply, distribution, or use of energy;
the BLS published for April, May, and
because it is categorically excluded from or (2) that is designated by the Administrator
June 2015. Therefore, the overall effect
detailed environmental review under of the Office of Information and Regulatory
of this rule likely will be neutral or
section 4(c)(20) of FRA’s Procedures. Affairs as a significant energy action.
minimal. Any change in recordkeeping
See 64 FR 28545, 28547, May 26, 1999. FRA has evaluated this final rule
burden will not be significant and will
Under section 4(c) and (e) of FRA’s under Executive Order 13211. FRA has
affect the large railroads more than the
Procedures, FRA further concluded that determined that this final rule is not
small entities, due to the higher
no extraordinary circumstances exist likely to have a significant adverse effect
proportion of reportable rail equipment with respect to this rule that might
accidents/incidents experienced by on the supply, distribution, or use of
trigger the need for a more detailed energy. Consequently, FRA has
large entities. environmental review. Accordingly, determined that this regulatory action is
Paperwork Reduction Act FRA finds this rule is not a major not a ‘‘significant energy action’’ within
Federal action significantly affecting the the meaning of Executive Order 13211.
There are no new or additional
quality of the human environment.
information collection requirements Privacy Act
associated with this final rule. FRA’s Unfunded Mandates Reform Act of 1995
collection of accident/incident reporting Under 5 U.S.C. 553(c), DOT solicits
Under Section 201 of the Unfunded comments from the public to better
and recordkeeping information is Mandates Reform Act of 1995 (Public
currently approved under OMB No. inform its rulemaking process. DOT
Law 104–4, 2 U.S.C. 1531), each Federal posts these comments, without edit,
2130–0500. Therefore, FRA is not agency ‘‘shall, unless otherwise
required to provide an estimate of a including any personal information the
prohibited by law, assess the effects of commenter provides, to
public reporting burden in this Federal regulatory actions on State,
document. www.regulations.gov, as described in
local, and tribal governments, and the the system of records notice (DOT/ALL–
Federalism Implications private sector (other than to the extent 14 FDMS), which can be reviewed at
that such regulations incorporate www.dot.gov/privacy.
Executive Order 13132, entitled, requirements specifically set forth in
‘‘Federalism,’’ signed on August 4, 1999, law).’’ Section 202 of the Act (2 U.S.C. List of Subjects in 49 CFR Part 225
requires that each agency 1532) further requires that ‘‘before Investigations, Penalties, Railroad
in a separately identified portion of the promulgating any general notice of safety, Reporting and recordkeeping
preamble to the regulation as it is to be proposed rulemaking that is likely to requirements.
mstockstill on DSK4VPTVN1PROD with RULES
issued in the Federal Register, provide[] to result in the promulgation of any rule
the Director of the Office of Management and that includes any Federal mandate that 2 See U.S. Department of Transportation guidance
Budget a federalism summary impact
statement, which consists of a description of
may result in expenditure by State, at, ‘‘2015 Threshold of Significant Regulatory
local, and tribal governments, in the Actions Under the Unfunded Mandates Reform Act
the extent of the agency’s prior consultation of 1995,’’ May 6, 2015 (update), http://
with State and local officials, a summary of aggregate, or by the private sector, of www.transportation.gov/office-policy/
the nature of their concerns and the agency’s $100,000,000 or more (adjusted transportation-policy/2015-threshold-significant-
position supporting the need to issue the annually for inflation) in any 1 year, and regulatory-actions-under-unfunded.
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![80686 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
The Rule DEPARTMENT OF COMMERCE final rule revises the landing fish intact
provisions for vessels that lawfully
In consideration of the foregoing, FRA National Oceanic and Atmospheric harvest dolphin, wahoo, or snapper-
amends part 225 of chapter II, subtitle Administration grouper in or from Bahamian waters and
B of title 49, Code of Federal return to the U.S exclusive economic
Regulations, as follows: 50 CFR Part 622 zone (EEZ). The U.S. EEZ as described
in this final rule refers to the Atlantic
PART 225–[AMENDED] [Docket No. 15060302–5999–02]
EEZ for dolphin and wahoo and the
RIN 0648–BF14 South Atlantic EEZ for snapper-grouper
■ 1. The authority citation for part 225
species. The purpose of this final rule is
continues to read as follows: Fisheries of the Caribbean, Gulf of to improve the consistency and
Authority: 49 U.S.C. 103, 322(a), 20103, Mexico, and South Atlantic; Coastal enforceability of Federal regulations
20107, 20901–02, 21301, 21302, 21311; 28 Migratory Pelagic Resources in the with regards to landing fish intact
U.S.C. 2461, note; and 49 CFR 1.89. Gulf of Mexico and Atlantic Region; provisions for vessels transiting from
Framework Amendment 3 Bahamian waters through the U.S. EEZ
■ 2. Amend § 225.19 by revising the first
sentence of paragraph (c) and revising Correction and to increase the social and economic
paragraph (e) to read as follows: benefits related to the recreational
In notice document 2015–31708 harvest of these species.
§ 225.19 Primary groups of accidents/ beginning on page 78670 in the issue of DATES: This final rule is effective
incidents. Thursday, December 17, 2015, make the January 27, 2016.
* * * * * following corrections:
ADDRESSES: Electronic copies of
1. On page 78671, in the third
(c) Group II—Rail equipment. Rail Amendments 7/33, which includes an
column, in the eleventh line, ‘‘February
equipment accidents/incidents are environmental assessment, regulatory
16, 2015’’ should read ‘‘February 16,
collisions, derailments, fires, impact review, and Regulatory
2016’’.
explosions, acts of God, and other Flexibility Act analysis, may be
events involving the operation of on- § 622.372 Limited access system for king obtained from the Southeast Regional
track equipment (standing or moving) mackerel gillnet permits applicable in the Office Web site at http://
that result in damages higher than the southern Florida west coast subzone. sero.nmfs.noaa.gov/sustainable_
current reporting threshold (i.e., $6,700 2. On page 78675, in the first column, fisheries/s_atl/generic/2015/dw7_sg33/
for calendar years 2002 through 2005, in the eighth line, ‘‘February 16, 2015’’ index.html.
$7,700 for calendar year 2006, $8,200 should read ‘‘February 16, 2016’’. FOR FURTHER INFORMATION CONTACT:
for calendar year 2007, $8,500 for [FR Doc. C1–2015–31708 Filed 12–24–15; 8:45 am] Nikhil Mehta, telephone: 727–824–
calendar year 2008, $8,900 for calendar BILLING CODE 1505–01–D 5305, or email: nikhil.mehta@noaa.gov.
year 2009, $9,200 for calendar year SUPPLEMENTARY INFORMATION: The
2010, $9,400 for calendar year 2011, dolphin and wahoo fishery is managed
$9,500 for calendar year 2012, $9,900 DEPARTMENT OF COMMERCE under the Dolphin and Wahoo FMP and
for calendar year 2013, $10,500 for the snapper-grouper fishery is managed
calendar year 2014, $10,500 for calendar National Oceanic and Atmospheric under the Snapper-Grouper FMP. The
year 2015, and $10,500 for calendar year Administration FMPs were prepared by the Council and
2016) to railroad on-track equipment, are implemented through regulations at
signals, tracks, track structures, or 50 CFR Part 622 50 CFR part 622 under the authority of
roadbed, including labor costs and the the Magnuson-Stevens Fishery
[Docket No. 131108946–5999–02]
costs for acquiring new equipment and Conservation and Management Act
material. * * * RIN 0648–BD76
(Magnuson-Stevens Act).
* * * * * On September 17, 2015, NMFS
Fisheries of the Caribbean, Gulf of
(e) The reporting threshold is $6,700 published a notice of availability for
Mexico, and South Atlantic; Dolphin
for calendar years 2002 through 2005, Amendments 7/33 and requested public
and Wahoo Fishery Off the Atlantic
$7,700 for calendar year 2006, $8,200 comment (80 FR 55819). On October 7,
States and Snapper-Grouper Fishery of
for calendar year 2007, $8,500 for 2015, NMFS published a proposed rule
the South Atlantic Region;
calendar year 2008, $8,900 for calendar for Amendments 7/33 and requested
Amendments 7/33
year 2009, $9,200 for calendar year public comment (80 FR 60601). The
2010, $9,400 for calendar year 2011, AGENCY: National Marine Fisheries proposed rule and Amendments 7/33
$9,500 for calendar year 2012, $9,900 Service (NMFS), National Oceanic and outline the rationale for the actions
for calendar year 2013, $10,500 for Atmospheric Administration (NOAA), contained in this final rule. A summary
calendar year 2014, $10,500 for calendar Commerce. of the actions implemented by
year 2015, and $10,500 for calendar year ACTION: Final rule. Amendments 7/33 and this final rule is
2016. The procedure for determining the provided below.
reporting threshold for calendar years SUMMARY: NMFS issues regulations to Current Federal regulations require
2006 and beyond appears as paragraphs implement Amendment 7 to the Fishery that dolphin or wahoo or snapper-
1–8 of appendix B to part 225. Management Plan (FMP) for the Dolphin grouper species onboard a vessel
* * * * * and Wahoo Fishery off the Atlantic traveling through the U.S. EEZ be
mstockstill on DSK4VPTVN1PROD with RULES
States (Dolphin and Wahoo FMP) and maintained with the heads and fins
Issued in Washington, DC, on December Amendment 33 to the FMP for the intact and not be in fillet form.
21, 2015. Snapper-Grouper Fishery of the South However, as implemented through
Sarah Feinberg, Atlantic Region (Snapper-Grouper FMP) Amendment 8 to the Snapper-Grouper
Administrator. (Amendments 7/33), as prepared and FMP, an exemption applies to snapper-
[FR Doc. 2015–32545 Filed 12–24–15; 8:45 am] submitted by the South Atlantic Fishery grouper species that are lawfully
BILLING CODE 4910–06–P Management Council (Council). This harvested in Bahamian waters and are
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Document Created: 2018-03-02 09:24:32
Document Modified: 2018-03-02 09:24:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective January 1, 2016. | |
| 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 Sara Mahmoud-Davis, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W33-435, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-366- 1118). | |
| FR Citation | 80 FR 80683 | |
| RIN Number | 2130-ZA13 | |
| CFR Associated | Investigations; Penalties; Railroad Safety and Reporting and Recordkeeping Requirements |
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