81_FR_88368 81 FR 88133 - Update to Email Address for the Electronic Submission via the Internet of Certain Accident/Incident Reports

81 FR 88133 - Update to Email Address for the Electronic Submission via the Internet of Certain Accident/Incident Reports

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range88133-88135
FR Document2016-29309

This final rule updates FRA's accident/incident reporting regulations to provide the current electronic mail address railroads must use to electronically submit to FRA certain accident/incident report forms.

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88133-88135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29309]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

RIN 2130-AC58


Update to Email Address for the Electronic Submission via the 
Internet of Certain Accident/Incident Reports

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

ACTION: Final rule.

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

SUMMARY: This final rule updates FRA's accident/incident reporting 
regulations to provide the current electronic mail address railroads 
must use to electronically submit to FRA certain accident/incident 
report forms.

DATES: Effective: December 7, 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 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 W33-435, 
1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-493-
1381).

SUPPLEMENTARY INFORMATION: This rule updates the electronic mail 
(email) address provided in 49 CFR part 225 for railroads to 
electronically submit certain FRA accident/incident report forms.\1\ 
Part 225 references the FRA email address in two places: Paragraph (c) 
of Sec.  225.27 and paragraph (c)(1) of Sec.  225.37. Those paragraphs 
direct railroads to submit the specified forms to the following email 
address: [email protected]. This FRA email address is out of date 
and no longer functional. Accordingly, in this rule FRA is updating the 
email address referenced in paragraph (c) of Sec.  225.27 and paragraph 
(c)(1) of Sec.  225.37 to the current email address where FRA can 
receive these reports. The current email address is: 
[email protected].
---------------------------------------------------------------------------

    \1\ FRA is not simultaneously updating the email address in the 
FRA Guide for Preparing Accident/Incident Reports (Guide) because 
this final rule and updates on FRA's Web site, in addition to 
communication between FRA and individual railroads, makes it 
unnecessary to revise the Guide at this time.
---------------------------------------------------------------------------

    Starting in 2013, FRA informed railroad reporting officers of the 
change in the email address in Sec. Sec.  225.27 and 225.37 and started 
transitioning to the new [email protected] email address. FRA 
established the [email protected] email address to avoid increased 
costs associated with the previous email address in the regulations. 
Until December 31, 2015, FRA accepted emailed accident/incident report 
forms at the email address in part 225 ([email protected]) and at 
[email protected], but the [email protected] email address no 
longer functions.
    This rule only updates the email address in the regulation and 
makes no other changes to part 225. FRA is issuing this final rule 
without providing an opportunity for prior to public notice and comment 
as the Administrative Procedure Act (APA) normally requires. See 5 
U.S.C. 553. The APA authorizes agencies to dispense with certain notice 
and comment procedures if the agency finds for good cause that notice 
and public procedure are impracticable, unnecessary, or contrary to the 
public interest. See 5 U.S.C. 553(b)(3)(B). Because this final rule 
makes no substantive amendment to FRA's regulations and only changes 
the email address for railroads to submit to FRA certain already 
required documents, FRA finds, for good cause, that notice and public 
comment is unnecessary, because the public would not benefit from such 
notice. Moreover, The scope of this regulatory change is very limited; 
FRA is merely replacing an outdated email address with a current email 
address.

Regulatory Evaluation

Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    FRA evaluated this final rule under existing policies and 
procedures and determined it to be a non-significant regulatory action 
under both Executive Orders 12866 and 13563 and DOT policies and 
procedures. See 44 FR 11034, Feb. 26, 1979. This final rule only 
updates the email address used by railroads to report certain accident/
incident forms to FRA, and makes no substantive changes to part 225's 
reporting requirements. This rule is necessary because the current 
email address is out of date and no longer accepts accident/incident 
report forms. Over the past three years, FRA has repeatedly notified 
railroads of the new email address that should be used for submitting 
accident/incident report forms. Consequently, most railroads already 
use the new email address referenced in this rule, but some do not and 
will need to do so under this final rule. These railroads will incur a 
minor administrative burden to make note of the new email address and 
revise their contact lists accordingly, in comparison to no change in 
the email address used to submit accident/incident report forms to FRA.
    The administrative burden to update the email address will depend 
on how the railroads submit accident/incident report forms to FRA. In 
general, railroads use the email address in two ways to submit 
accident/incident report forms. First, a railroad may manually enter 
the email address into its email program or electronic device (such as 
a multi-function printer) each time the railroad submits an accident/
incident report form to FRA. In this case, substituting the new email 
address for the old one would present no additional burden because the 
railroad would have had to enter an email address regardless. 
Furthermore, if occasionally updating email addresses is a regular part 
of a railroad reporting officer's duties (the employee most likely to 
submit accident/incident report forms to FRA), the burden of updating 
the email address is already taken into account. The railroad employee 
would only need to take note of the new email address, requiring a 
minimal amount of time.
    Second, a railroad may use an automated system to submit accident/
incident report forms to FRA. In such a system, the reporting officer 
would need to update, save and/or compile, and check for errors when 
using the new email address (such as entering in the email address 
wrong). These steps are standardized, and again, would require minimal 
time to update one email address. In addition, whether email addresses 
are entered manually, or stored in an automated system, the email 
address would only need to be updated once. Thus, given the small 
amount of time needed to revise the current email address to the new 
one, and one-time occurrence of the task, the costs associated with 
this change will be minimal.

[[Page 88134]]

    In sum, this final rule makes no substantive changes to part 225's 
reporting requirements. The rule only makes an administrative change to 
facilitate railroads submission of accident/incident forms to FRA. 
Thus, the rule imposes no significant additional costs, and creates no 
new significant benefits and FRA has determined further analysis under 
Executive Orders 12866, 13563 or DOT policies and procedures is not 
necessary.

Regulatory Flexibility Act and Executive Order 13272

    FRA developed this rule under Executive Order 13272 (``Proper 
Consideration of Small Entities in Agency Rulemaking'') and DOT's 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) to ensure potential impacts of 
rules on small entities are properly considered.
    The Regulatory Flexibility Act of 1980 (RFA) 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 economic 
impact on a substantial number of small entities.
    This final rule simply updates an email address railroads use to 
electronically submit to FRA certain accident/incident report forms. 
This rule does not contain any new substantive regulatory requirements. 
As a result, this rule will impose no new compliance costs on small 
entities other than those minimal potential costs outlined above in the 
Regulatory Evaluation section. Under the RFA, the Administrator of FRA 
certifies this final rule will have no significant economic impact on a 
substantial number of small entities.
    Furthermore, FRA has determined the RFA does not apply to this 
rulemaking because FRA is not publishing a proposed rule in this 
proceeding. Given the minor change to replace an outdated email address 
with a current email address and FRA's finding that notice and public 
comment is unnecessary and would serve no public benefit, per guidance 
from the Small Business Administration, the RFA does not apply. See A 
Guide for Government Agencies: How to Comply with the Regulatory 
Flexibility Act, Small Business Administration, Office of Advocacy (May 
2012, p.55).

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, ``Federalism'' (64 FR 43255, Aug. 10, 1999), 
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 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, or the agency consults with State and local government 
officials early in the process of developing the 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 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. In addition, FRA determined this rule 
does not impose substantial direct compliance costs on State and local 
governments. Accordingly, FRA concluded the consultation and funding 
requirements of Executive Order 13132 do not apply and preparation of a 
federalism assessment is not required.

Environmental Impact

    FRA evaluated this final rule under 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 this final rule 
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 28547, May 26, 1999. 
Section 4(c)(20) reads as follows:

(c) 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: . 
. . (20) 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.

    Consistent with section 4(c)(20) of FRA's Procedures, FRA 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 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. This final rule will not result in the expenditure of 
more than $156,000,000 by the public sector in any one year. Thus, 
preparation of such a statement is not required.

[[Page 88135]]

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 a 
notice of inquiry, advance notice of proposed rulemaking, and notice 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) is designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
FRA has evaluated this rule under Executive Order 13211. FRA has 
determined this rule will not have a significant adverse effect on the 
supply, distribution, or use of energy, and, thus, is not a 
``significant energy action'' under Executive Order 13211.

Executive Order 12898 (Environmental Justice)

    Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, and DOT 
Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to 
achieve environmental justice as part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects, including interrelated social 
and economic effects, of their programs, policies, and activities on 
minority populations and low-income populations. The DOT Order 
instructs DOT agencies to address compliance with Executive Order 12898 
and requirements within the DOT Order in rulemaking activities, as 
appropriate. FRA evaluated this final rule under Executive Order 12898 
and the DOT Order and determined it would not cause disproportionately 
high and adverse human health and environmental effects on minority or 
low-income populations.

Executive Order 13175 (Tribal Consultation)

    FRA evaluated this final rule under the principles and criteria in 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, dated November 6, 2000. The final rule would not have a 
substantial direct effect on one or more Indian tribes, would not 
impose substantial direct compliance costs on Indian tribal 
governments, and would not preempt tribal laws. Therefore, the funding 
and consultation requirements of Executive Order 13175 do not apply, 
and a tribal summary impact statement is not required.

Trade Impact

    The Trade Agreements Act of 1979 19 U.S.C. 2501 et seq.) prohibits 
Federal agencies from engaging in any standards setting 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. FRA assessed the potential effect 
of this final rule on foreign commerce and concluded its requirements 
are consistent with the Trade Agreements Act.

Privacy Act

    Interested parties should be aware that anyone can search the 
electronic form of all written 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.). You may review DOT's complete Privacy Act Statement in 
the Federal Register (65 FR 19477-19478, Apr. 11, 2000) or you may 
visit http://www.transportation.gov/privacy.

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 1.89.


0
2. Amend Sec.  225.27 by revising the first sentence of paragraph (c) 
to read as follows:


Sec.  225.27  Retention of records.

* * * * *
    (c) Each railroad shall retain the original hard copy of each 
completed and signed Form FRA F 6180.55, ``Railroad Injury and Illness 
Summary,'' that the railroad submits to FRA on optical media (CD-ROM) 
or electronically via the Internet to [email protected] for at 
least five years after the calendar year to which it relates. * * *
* * * * *

0
3. Amend Sec.  225.37 by revising paragraph (c)(1) introductory text to 
read as follows:


Sec.  225.37  Optical media transfer and electronic submission.

* * * * *
    (c)(1) Each railroad utilizing the electronic submission via the 
Internet option shall submit to FRA at [email protected]:
* * * * *

    Issued in Washington, DC, on December 1, 2016.
Amitabha Bose,
Acting Administrator.
[FR Doc. 2016-29309 Filed 12-6-16; 8:45 am]
BILLING CODE 4910-06-P



                                                                   Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations                                      88133

                                                    (b) Nothing in this section shall be                   address in two places: Paragraph (c) of               only updates the email address used by
                                                  construed as superseding or affecting                    § 225.27 and paragraph (c)(1) of                      railroads to report certain accident/
                                                  any state training requirements related                  § 225.37. Those paragraphs direct                     incident forms to FRA, and makes no
                                                  to criminal law, civil procedure, motor                  railroads to submit the specified forms               substantive changes to part 225’s
                                                  vehicle code, any other state law, or                    to the following email address:                       reporting requirements. This rule is
                                                  state-mandated comparative or annual                     aireports@frasafety.net. This FRA email               necessary because the current email
                                                  in-service training academy or Federal                   address is out of date and no longer                  address is out of date and no longer
                                                  law enforcement training center.                         functional. Accordingly, in this rule                 accepts accident/incident report forms.
                                                    Issued in Washington, DC, on December 1,               FRA is updating the email address                     Over the past three years, FRA has
                                                  2016.                                                    referenced in paragraph (c) of § 225.27               repeatedly notified railroads of the new
                                                  Amitabha Bose,                                           and paragraph (c)(1) of § 225.37 to the               email address that should be used for
                                                                                                           current email address where FRA can                   submitting accident/incident report
                                                  Acting Administrator.
                                                                                                           receive these reports. The current email              forms. Consequently, most railroads
                                                  [FR Doc. 2016–29256 Filed 12–6–16; 8:45 am]
                                                                                                           address is: RsisAiReports@dot.gov.                    already use the new email address
                                                  BILLING CODE 4910–06–P                                                                                         referenced in this rule, but some do not
                                                                                                              Starting in 2013, FRA informed
                                                                                                           railroad reporting officers of the change             and will need to do so under this final
                                                                                                           in the email address in §§ 225.27 and                 rule. These railroads will incur a minor
                                                  DEPARTMENT OF TRANSPORTATION                                                                                   administrative burden to make note of
                                                                                                           225.37 and started transitioning to the
                                                  Federal Railroad Administration                          new RsisAiReports@dot.gov email                       the new email address and revise their
                                                                                                           address. FRA established the                          contact lists accordingly, in comparison
                                                  49 CFR Part 225                                          RsisAiReports@dot.gov email address to                to no change in the email address used
                                                                                                           avoid increased costs associated with                 to submit accident/incident report forms
                                                  RIN 2130–AC58                                            the previous email address in the                     to FRA.
                                                                                                           regulations. Until December 31, 2015,                   The administrative burden to update
                                                  Update to Email Address for the                                                                                the email address will depend on how
                                                                                                           FRA accepted emailed accident/
                                                  Electronic Submission via the Internet                                                                         the railroads submit accident/incident
                                                                                                           incident report forms at the email
                                                  of Certain Accident/Incident Reports                                                                           report forms to FRA. In general,
                                                                                                           address in part 225 (aireports@
                                                  AGENCY:  Federal Railroad                                frasafety.net) and at RsisAiReports@                  railroads use the email address in two
                                                  Administration (FRA), Department of                      dot.gov, but the aireports@frasafety.net              ways to submit accident/incident report
                                                  Transportation (DOT).                                    email address no longer functions.                    forms. First, a railroad may manually
                                                                                                              This rule only updates the email                   enter the email address into its email
                                                  ACTION: Final rule.
                                                                                                           address in the regulation and makes no                program or electronic device (such as a
                                                  SUMMARY:   This final rule updates FRA’s                 other changes to part 225. FRA is                     multi-function printer) each time the
                                                  accident/incident reporting regulations                  issuing this final rule without providing             railroad submits an accident/incident
                                                  to provide the current electronic mail                   an opportunity for prior to public notice             report form to FRA. In this case,
                                                  address railroads must use to                            and comment as the Administrative                     substituting the new email address for
                                                  electronically submit to FRA certain                     Procedure Act (APA) normally requires.                the old one would present no additional
                                                  accident/incident report forms.                          See 5 U.S.C. 553. The APA authorizes                  burden because the railroad would have
                                                                                                           agencies to dispense with certain notice              had to enter an email address regardless.
                                                  DATES: Effective: December 7, 2016.
                                                                                                           and comment procedures if the agency                  Furthermore, if occasionally updating
                                                  FOR FURTHER INFORMATION CONTACT:                                                                               email addresses is a regular part of a
                                                  Kebo Chen, Staff Director, U.S.                          finds for good cause that notice and
                                                                                                           public procedure are impracticable,                   railroad reporting officer’s duties (the
                                                  Department of Transportation, Federal                                                                          employee most likely to submit
                                                  Railroad Administration, Office of                       unnecessary, or contrary to the public
                                                                                                           interest. See 5 U.S.C. 553(b)(3)(B).                  accident/incident report forms to FRA),
                                                  Safety Analysis, RRS–22, Mail Stop 25,                                                                         the burden of updating the email
                                                  West Building 3rd Floor, Room W33–                       Because this final rule makes no
                                                                                                           substantive amendment to FRA’s                        address is already taken into account.
                                                  314, 1200 New Jersey Ave. SE.,                                                                                 The railroad employee would only need
                                                  Washington, DC 20590 (telephone 202–                     regulations and only changes the email
                                                                                                           address for railroads to submit to FRA                to take note of the new email address,
                                                  493–6079); or Gahan Christenson, Trial                                                                         requiring a minimal amount of time.
                                                  Attorney, U.S. Department of                             certain already required documents,
                                                                                                                                                                   Second, a railroad may use an
                                                  Transportation, Federal Railroad                         FRA finds, for good cause, that notice
                                                                                                                                                                 automated system to submit accident/
                                                  Administration, Office of Chief Counsel,                 and public comment is unnecessary,
                                                                                                                                                                 incident report forms to FRA. In such a
                                                  RCC–10, Mail Stop 10, West Building                      because the public would not benefit
                                                                                                                                                                 system, the reporting officer would need
                                                  3rd Floor, Room W33–435, 1200 New                        from such notice. Moreover, The scope
                                                                                                                                                                 to update, save and/or compile, and
                                                  Jersey Ave. SE., Washington, DC 20590                    of this regulatory change is very limited;
                                                                                                                                                                 check for errors when using the new
                                                  (telephone 202–493–1381).                                FRA is merely replacing an outdated                   email address (such as entering in the
                                                                                                           email address with a current email                    email address wrong). These steps are
                                                  SUPPLEMENTARY INFORMATION: This rule
                                                                                                           address.                                              standardized, and again, would require
                                                  updates the electronic mail (email)
                                                  address provided in 49 CFR part 225 for                  Regulatory Evaluation                                 minimal time to update one email
                                                  railroads to electronically submit certain                                                                     address. In addition, whether email
                                                                                                           Executive Orders 12866 and 13563 and                  addresses are entered manually, or
                                                  FRA accident/incident report forms.1
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                           DOT Regulatory Policies and Procedures                stored in an automated system, the
                                                  Part 225 references the FRA email
                                                                                                             FRA evaluated this final rule under                 email address would only need to be
                                                     1 FRA is not simultaneously updating the email        existing policies and procedures and                  updated once. Thus, given the small
                                                  address in the FRA Guide for Preparing Accident/         determined it to be a non-significant                 amount of time needed to revise the
                                                  Incident Reports (Guide) because this final rule and     regulatory action under both Executive                current email address to the new one,
                                                  updates on FRA’s Web site, in addition to
                                                  communication between FRA and individual
                                                                                                           Orders 12866 and 13563 and DOT                        and one-time occurrence of the task, the
                                                  railroads, makes it unnecessary to revise the Guide      policies and procedures. See 44 FR                    costs associated with this change will be
                                                  at this time.                                            11034, Feb. 26, 1979. This final rule                 minimal.


                                             VerDate Sep<11>2014    16:02 Dec 06, 2016   Jkt 241001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                                  88134            Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations

                                                    In sum, this final rule makes no                       associated with this final rule. FRA’s                4321 et seq.), other environmental
                                                  substantive changes to part 225’s                        collection of accident/incident reporting             statutes, Executive Orders, and related
                                                  reporting requirements. The rule only                    and recordkeeping information is                      regulatory requirements. FRA has
                                                  makes an administrative change to                        currently approved under OMB No.                      determined this final rule is not a major
                                                  facilitate railroads submission of                       2130–0500. Therefore, FRA is not                      FRA action (requiring the preparation of
                                                  accident/incident forms to FRA. Thus,                    required to provide an estimate of a                  an environmental impact statement or
                                                  the rule imposes no significant                          public reporting burden in this                       environmental assessment) because it is
                                                  additional costs, and creates no new                     document.                                             categorically excluded from detailed
                                                  significant benefits and FRA has                                                                               environmental review under section
                                                                                                           Federalism Implications
                                                  determined further analysis under                                                                              4(c)(20) of FRA’s Procedures. See 64 FR
                                                  Executive Orders 12866, 13563 or DOT                        Executive Order 13132, ‘‘Federalism’’              28547, May 26, 1999. Section 4(c)(20)
                                                  policies and procedures is not                           (64 FR 43255, Aug. 10, 1999), requires                reads as follows:
                                                  necessary.                                               FRA to develop an accountable process
                                                                                                           to ensure ‘‘meaningful and timely input               (c) Actions categorically excluded. Certain
                                                  Regulatory Flexibility Act and Executive                 by State and local officials in the                   classes of FRA actions have been determined
                                                  Order 13272                                                                                                    to be categorically excluded from the
                                                                                                           development of regulatory policies that
                                                                                                                                                                 requirements of these Procedures as they do
                                                     FRA developed this rule under                         have federalism implications.’’ ‘‘Policies
                                                                                                                                                                 not individually or cumulatively have a
                                                  Executive Order 13272 (‘‘Proper                          that have federalism implications’’ are               significant effect on the human environment.
                                                  Consideration of Small Entities in                       defined in the Executive Order to                      . . . The following classes of FRA actions
                                                  Agency Rulemaking’’) and DOT’s                           include regulations that have                         are categorically excluded: . . . (20)
                                                  procedures and policies to promote                       ‘‘substantial direct effects on the States,           Promulgation of railroad safety rules and
                                                  compliance with the Regulatory                           on the relationship between the national              policy statements that do not result in
                                                  Flexibility Act (5 U.S.C. 601 et seq.) to                government and the States, or on the                  significantly increased emissions or air or
                                                  ensure potential impacts of rules on                     distribution of power and                             water pollutants or noise or increased traffic
                                                  small entities are properly considered.                  responsibilities among the various                    congestion in any mode of transportation.
                                                     The Regulatory Flexibility Act of 1980                levels of government.’’ Under Executive
                                                  (RFA) requires an agency to review                       Order 13132, the agency may not issue                   Consistent with section 4(c)(20) of
                                                  regulations to assess their impact on                    a regulation with federalism                          FRA’s Procedures, FRA concluded that
                                                  small entities. An agency must conduct                   implications that imposes substantial                 no extraordinary circumstances exist
                                                  a regulatory flexibility analysis unless it              direct compliance costs and that is not               with respect to this regulation that
                                                  determines and certifies that a rule is                  required by statute, unless the Federal               might trigger the need for a more
                                                  not expected to have a significant                       government provides the funds                         detailed environmental review. As a
                                                  economic impact on a substantial                         necessary to pay the direct compliance                result, FRA finds this rule is not a major
                                                  number of small entities.                                costs incurred by State and local                     Federal action significantly affecting the
                                                     This final rule simply updates an                     governments, or the agency consults                   quality of the human environment.
                                                  email address railroads use to                           with State and local government
                                                                                                                                                                 Unfunded Mandates Reform Act of 1995
                                                  electronically submit to FRA certain                     officials early in the process of
                                                  accident/incident report forms. This                     developing the regulation. Where a                      Under Section 201 of the Unfunded
                                                  rule does not contain any new                            regulation has federalism implications                Mandates Reform Act of 1995 (Public
                                                  substantive regulatory requirements. As                  and preempts State law, the agency                    Law 104–4, 2 U.S.C. 1531), each Federal
                                                  a result, this rule will impose no new                   seeks to consult with State and local                 agency ‘‘shall, unless otherwise
                                                  compliance costs on small entities other                 officials in the process of developing the            prohibited by law, assess the effects of
                                                  than those minimal potential costs                       regulation.                                           Federal regulatory actions on State,
                                                  outlined above in the Regulatory                            FRA analyzed this final rule under the             local, and tribal governments, and the
                                                  Evaluation section. Under the RFA, the                   principles and criteria in Executive                  private sector (other than to the extent
                                                  Administrator of FRA certifies this final                Order 13132. This rule will not have a                that such regulations incorporate
                                                  rule will have no significant economic                   substantial direct effect on States, on the           requirements specifically set forth in
                                                  impact on a substantial number of small                  relationship between the national                     law).’’ Section 202 of the Act (2 U.S.C.
                                                  entities.                                                government and the States, or on the                  1532) further requires that
                                                     Furthermore, FRA has determined the                   distribution of power and the
                                                  RFA does not apply to this rulemaking                    responsibilities among the various                    before promulgating any general notice of
                                                  because FRA is not publishing a                          levels of government, as specified in the             proposed rulemaking that is likely to result
                                                                                                                                                                 in the promulgation of any rule that includes
                                                  proposed rule in this proceeding. Given                  Executive Order 13132. In addition,
                                                                                                                                                                 any Federal mandate that may result in
                                                  the minor change to replace an outdated                  FRA determined this rule does not
                                                                                                                                                                 expenditure by State, local, and tribal
                                                  email address with a current email                       impose substantial direct compliance                  governments, in the aggregate, or by the
                                                  address and FRA’s finding that notice                    costs on State and local governments.                 private sector, of $100,000,000 or more
                                                  and public comment is unnecessary and                    Accordingly, FRA concluded the                        (adjusted annually for inflation) in any 1
                                                  would serve no public benefit, per                       consultation and funding requirements                 year, and before promulgating any final rule
                                                  guidance from the Small Business                         of Executive Order 13132 do not apply                 for which a general notice of proposed
                                                  Administration, the RFA does not                         and preparation of a federalism                       rulemaking was published, the agency shall
                                                  apply. See A Guide for Government                        assessment is not required.                           prepare a written statement
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Agencies: How to Comply with the
                                                                                                           Environmental Impact                                  detailing the effect on State, local, and
                                                  Regulatory Flexibility Act, Small
                                                  Business Administration, Office of                          FRA evaluated this final rule under its            tribal governments and the private
                                                  Advocacy (May 2012, p.55).                               ‘‘Procedures for Considering                          sector. This final rule will not result in
                                                                                                           Environmental Impacts’’ (FRA’s                        the expenditure of more than
                                                  Paperwork Reduction Act                                  Procedures) (64 FR 28545, May 26,                     $156,000,000 by the public sector in any
                                                    There are no new or additional                         1999) as required by the National                     one year. Thus, preparation of such a
                                                  information collection requirements                      Environmental Policy Act (42 U.S.C.                   statement is not required.


                                             VerDate Sep<11>2014    16:02 Dec 06, 2016   Jkt 241001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                                                   Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations                                             88135

                                                  Energy Impact                                            Order 13175, Consultation and                         ■ 2. Amend § 225.27 by revising the first
                                                     Executive Order 13211 requires                        Coordination with Indian Tribal                       sentence of paragraph (c) to read as
                                                  Federal agencies to prepare a Statement                  Governments, dated November 6, 2000.                  follows:
                                                  of Energy Effects for any ‘‘significant                  The final rule would not have a
                                                                                                           substantial direct effect on one or more              § 225.27   Retention of records.
                                                  energy action.’’ 66 FR 28355, May 22,                                                                          *      *    *     *     *
                                                  2001. Under the Executive Order, a                       Indian tribes, would not impose
                                                                                                           substantial direct compliance costs on                   (c) Each railroad shall retain the
                                                  ‘‘significant energy action’’ is defined as                                                                    original hard copy of each completed
                                                  any action by an agency (normally                        Indian tribal governments, and would
                                                                                                           not preempt tribal laws. Therefore, the               and signed Form FRA F 6180.55,
                                                  published in the Federal Register) that                                                                        ‘‘Railroad Injury and Illness Summary,’’
                                                  promulgates or is expected to lead to the                funding and consultation requirements
                                                                                                           of Executive Order 13175 do not apply,                that the railroad submits to FRA on
                                                  promulgation of, a final rule or                                                                               optical media (CD–ROM) or
                                                  regulation (including a notice of                        and a tribal summary impact statement
                                                                                                           is not required.                                      electronically via the Internet to
                                                  inquiry, advance notice of proposed                                                                            RsisAiReports@dot.gov for at least five
                                                  rulemaking, and notice of proposed                       Trade Impact                                          years after the calendar year to which it
                                                  rulemaking) that (1)(i) is a significant                                                                       relates. * * *
                                                  regulatory action under Executive Order                    The Trade Agreements Act of 1979 19
                                                  12866 or any successor order, and (ii) is                U.S.C. 2501 et seq.) prohibits Federal                *      *    *     *     *
                                                  likely to have a significant adverse effect              agencies from engaging in any standards               ■ 3. Amend § 225.37 by revising
                                                  on the supply, distribution, or use of                   setting or related activities that create             paragraph (c)(1) introductory text to
                                                  energy; or (2) is designated by the                      unnecessary obstacles to the foreign                  read as follows:
                                                  Administrator of the Office of                           commerce of the United States.
                                                                                                           Legitimate domestic objectives, such as               § 225.37 Optical media transfer and
                                                  Information and Regulatory Affairs as a                                                                        electronic submission.
                                                  significant energy action. FRA has                       safety, are not considered unnecessary
                                                                                                           obstacles. The statute also requires                  *     *     *     *    *
                                                  evaluated this rule under Executive
                                                                                                           consideration of international standards                (c)(1) Each railroad utilizing the
                                                  Order 13211. FRA has determined this
                                                                                                           and, where appropriate, that they be the              electronic submission via the Internet
                                                  rule will not have a significant adverse
                                                                                                           basis for U.S. standards. FRA assessed                option shall submit to FRA at
                                                  effect on the supply, distribution, or use
                                                                                                           the potential effect of this final rule on            RsisAiReports@dot.gov:
                                                  of energy, and, thus, is not a ‘‘significant
                                                  energy action’’ under Executive Order                    foreign commerce and concluded its                    *     *     *     *    *
                                                  13211.                                                   requirements are consistent with the                    Issued in Washington, DC, on December 1,
                                                                                                           Trade Agreements Act.                                 2016.
                                                  Executive Order 12898 (Environmental
                                                                                                           Privacy Act                                           Amitabha Bose,
                                                  Justice)
                                                                                                                                                                 Acting Administrator.
                                                    Executive Order 12898, Federal                           Interested parties should be aware
                                                                                                                                                                 [FR Doc. 2016–29309 Filed 12–6–16; 8:45 am]
                                                  Actions to Address Environmental                         that anyone can search the electronic
                                                                                                                                                                 BILLING CODE 4910–06–P
                                                  Justice in Minority Populations and                      form of all written comments received
                                                  Low-Income Populations, and DOT                          into any agency docket by the name of
                                                  Order 5610.2(a) (91 FR 27534, May 10,                    the individual submitting the comment
                                                  2012) require DOT agencies to achieve                    (or signing the comment, if submitted                 DEPARTMENT OF COMMERCE
                                                  environmental justice as part of their                   on behalf of an association, business,
                                                                                                           labor union, etc.). You may review                    National Oceanic and Atmospheric
                                                  mission by identifying and addressing,
                                                                                                           DOT’s complete Privacy Act Statement                  Administration
                                                  as appropriate, disproportionately high
                                                  and adverse human health or                              in the Federal Register (65 FR 19477–
                                                                                                           19478, Apr. 11, 2000) or you may visit                50 CFR Part 622
                                                  environmental effects, including
                                                  interrelated social and economic effects,                http://www.transportation.gov/privacy.                [Docket No. 160630573–6999–02]
                                                  of their programs, policies, and                         List of Subjects in 49 CFR Part 225
                                                  activities on minority populations and                                                                         RIN 0648–BG19
                                                  low-income populations. The DOT                            Investigations, Penalties, Railroad
                                                  Order instructs DOT agencies to address                  safety, Reporting and recordkeeping                   Fisheries of the Caribbean, Gulf of
                                                  compliance with Executive Order 12898                    requirements.                                         Mexico, and South Atlantic; Reef Fish
                                                  and requirements within the DOT Order                                                                          Fishery of the Gulf of Mexico; Red
                                                                                                           The Rule                                              Snapper Management Measures
                                                  in rulemaking activities, as appropriate.
                                                  FRA evaluated this final rule under                        In consideration of the foregoing, FRA              Correction
                                                  Executive Order 12898 and the DOT                        amends part 225 of chapter II, subtitle
                                                  Order and determined it would not                        B of title 49, Code of Federal                           In rule document 2016–28905
                                                  cause disproportionately high and                        Regulations, as follows:                              beginning on page 876971 in the issue
                                                  adverse human health and                                                                                       of Friday, December 2, 2016, make the
                                                  environmental effects on minority or                     PART 225—[AMENDED]                                    following correction:
                                                  low-income populations.                                                                                           1. On page 86971, in the first column,
                                                                                                           ■ 1. The authority citation for part 225              after the DATES heading, the second line,
                                                  Executive Order 13175 (Tribal                                                                                  ‘‘January 3, 2016.’’ should read ‘‘January
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                           continues to read as follows:
                                                  Consultation)                                                                                                  3, 2017.’’
                                                                                                             Authority: 49 U.S.C. 103, 322(a), 20103,
                                                    FRA evaluated this final rule under                    20107, 20901–02, 21301, 21302, 21311; 28              [FR Doc. C1–2016–28905 Filed 12–6–16; 8:45 am]
                                                  the principles and criteria in Executive                 U.S.C. 2461, note; and 49 CFR 1.89.                   BILLING CODE 1301–00–D




                                             VerDate Sep<11>2014    16:02 Dec 06, 2016   Jkt 241001   PO 00000   Frm 00039   Fmt 4700   Sfmt 9990   E:\FR\FM\07DER1.SGM   07DER1



Document Created: 2016-12-07 05:31:53
Document Modified: 2016-12-07 05:31:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: December 7, 2016.
ContactKebo 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 W33-435, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-493- 1381).
FR Citation81 FR 88133 
RIN Number2130-AC58
CFR AssociatedInvestigations; Penalties; Railroad Safety and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR