81 FR 94271 - Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2017
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94271-94274 | |
| FR Document | 2016-30812 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Rules and Regulations] [Pages 94271-94274] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30812] [[Page 94271]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 225 [FRA-2008-0136, Notice No. 9] RIN 2130-ZA14 Monetary Threshold for Reporting Rail Equipment Accidents/ Incidents for Calendar Year 2017 AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule increases the rail equipment accident/incident monetary reporting threshold (reporting threshold) from $10,500 to $10,700 for railroad accidents/incidents involving property damage that occur during calendar year (CY) 2017 that FRA's accident/incident reporting regulations require railroads to report to the agency. This action is needed to ensure FRA's reporting requirements reflect cost increases that have occurred since FRA last published the reporting threshold in December 2015. DATES: This final rule is effective January 1, 2017. FOR FURTHER INFORMATION CONTACT: Kebo Chen, Staff Director, U.S. Department of Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202- 493-6079); or Gahan Christenson, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-124, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-493- 1381). SUPPLEMENTARY INFORMATION: Background A ``rail equipment accident/incident'' is a collision, derailment, fire, explosion, act of God, or other event involving the operation of railroad on-track equipment (standing or moving) that results in damages to railroad on-track equipment, signals, tracks, track structures, or roadbed, including labor costs and the costs for acquiring new equipment and material, greater than the reporting threshold for the year in which the event occurs. 49 CFR 225.19(c). A railroad must report each rail equipment accident/incident 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, 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 addition to periodically reviewing and adjusting the reporting 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 reporting 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 reporting threshold for rail equipment 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 a separate rulemaking, FRA intends to evaluate and amend, if appropriate, its method for calculating the reporting threshold and, as a result, the formula used to calculate the reporting 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. New Reporting Threshold Approximately one year has passed since FRA reviewed the reporting threshold. See 80 FR 80683, Dec. 28, 2015. Consequently, FRA has recalculated the reporting threshold under 49 CFR 225.19(c), based on increased costs for labor and increased costs for equipment. FRA has determined that the current reporting threshold of $10,500, which applies to rail equipment accidents/incidents that occur during CY 2016, should increase by $200 to $10,700 for rail equipment accidents/ incidents occurring during CY 2017. The specific inputs to the equation set forth in Appendix B (i.e., Tnew = Tprior * [1 + 0.4(Wnew-Wprior)/ Wprior + 0.6(Enew-Eprior)/100]) are: ---------------------------------------------------------------------------------------------------------------- Tprior Wnew Wprior Enew Eprior ---------------------------------------------------------------------------------------------------------------- $10,500..................................... $29.99942 $29.80388 203.33333 200.63333 ---------------------------------------------------------------------------------------------------------------- Where: Tnew = New threshold; Tprior = Prior threshold (with reference to the threshold, ``prior'' refers to the previous threshold rounded to the nearest $100, as reported in the Federal Register); Wnew = New average hourly wage rate, in dollars; Wprior = Prior average hourly wage rate, in dollars; Enew = New equipment average Producer Price Index (PPI) value; Eprior = Prior equipment average PPI value. Using the above figures, the calculated new threshold, (Tnew) is $10,697.669, which is rounded to the nearest $100 for a final new reporting threshold of $10,700 for CY 2017.\1\ --------------------------------------------------------------------------- \1\ On June 12, 2013, Union Pacific Railroad Company filed a revised 2nd Quarterly Report of Wage A&B Data (Form A Wage Statistics Summary--0100) for 2012 with the Surface Transportation Board, following the publication of the 2013 threshold. Based upon the revised data, the 2013 threshold would have been $10,000 (Tnew = 9500*(1+0.4*(26.10-24.93)/24.93+0.6*(191.5-186.37)/100.00) = 9970.76). The current method for calculating the current threshold requires using the prior threshold as published in the Federal Register. Even though the corrected threshold for 2013 would have been higher at $10,000, leading to a higher Tprior in the calculation for 2014, the end result for 2014 is still $10,500 using the current formula. --------------------------------------------------------------------------- Notice and Comment Procedures In this rule, FRA has recalculated the reporting threshold based on the formula discussed in detail and adopted, after notice and comment, in the final rule published December 20, 2005. See 70 FR 75414, Dec. 20, 2005. FRA finds both the current cost data inserted into this pre- existing formula and the original cost data that they replace were obtained from reliable Federal government sources. FRA 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. [[Page 94272]] 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. FRA regularly reviews and recalculates the reporting threshold using the formula published in Appendix B near the end of each CY. Therefore, any person affected by this rule should anticipate the on- going adjustment of the reporting threshold and has reasonable time to make any minor changes necessary to come into compliance with the reporting requirements. FRA attempts to use the most recent data available to calculate the updated reporting threshold prior to the next CY. FRA has found that issuing the rule no later than December of each CY and making the rule effective on January 1, of the next year, allows FRA to use the most up-to-date data when calculating the reporting threshold and to compile data that accurately reflects rising wages and equipment costs. As such, FRA finds that it has good cause to make this final rule effective January 1, 2017. 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 is non-significant under both Executive Orders 12866 and 13563, and DOT policies and procedures. See 44 FR 11034, Feb. 26, 1979. Regulatory Flexibility Act 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 requires an agency to review regulations to assess their impact on small entities, unless the Secretary certifies the rule will not have a significant economic impact on a substantial number of small entities. Under Section 312 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), Federal agencies may adopt their own size standards for small entities in consultation with SBA and in consultation with public comment. Under that authority, FRA has published a final statement of agency policy formally establishing for FRA's regulatory purposes ``small entities'' as railroads, contractors, and hazardous materials shippers that meet the revenue requirements of a Class III railroad as set forth in 49 CFR 1201.1-1 ($20 million or less in inflation-adjusted annual revenues, and commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less). See 49 CFR part 209, appendix C. FRA used this definition for this rulemaking. About 743 of the approximately 792 railroads in the United States are considered small entities by FRA. FRA certifies that this final rule will have no significant economic impact on a substantial number of small entities. To the extent that this rule has any impact on small entities, the impact will be neutral or insignificant. The frequency of rail equipment accidents/incidents, and therefore also the frequency of required reporting, is generally proportional to the size of the railroad. A railroad employing thousands of employees and operating 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, FRA data indicate railroads reported 2,029 rail equipment accidents/ incidents in 2011, with small railroads reporting 276 of them. Data for 2012 show railroads reported 1,765 rail equipment accidents/incidents, with small railroads reporting 254 of them. Data for 2013 show that 1,849 rail equipment accidents/incidents were reported, with small railroads reporting 271 of them. In 2014, 1,870 rail equipment accidents/incidents were reported, and small railroads reported 230 of them. In 2015, 1,912 rail equipment accidents/incidents were reported, with small railroads reporting 253 of them. On average over those five calendar years, small railroads reported about 14% (ranging from 12% to 15%) of the total number of rail equipment accidents/incidents. FRA notes that these data are accurate as of the date of issuance of this final rule, and are subject to minor changes due to additional reporting. Absent this rulemaking (i.e., absent increasing the reporting threshold), the number of reportable accidents/incidents in CY 2017 would likely increase, as keeping the 2016 threshold in place would not allow it to keep pace with the increasing dollar amounts of wages and rail equipment repair costs. Therefore, this rule will be neutral in effect. Increasing the reporting threshold will slightly decrease the recordkeeping burden for railroads over time. Any recordkeeping burden will not be significant and will affect the large railroads more than the small railroads, due to the higher proportion of reportable rail equipment accidents/incidents experienced by large entities. Furthermore, FRA has determined the RFA does not apply to this rulemaking. Given this rule merely updates the reporting threshold for CY 2017 using the formula developed through notice and comment rulemaking and published in Appendix B, FRA finds notice and public comment is unnecessary and would serve no public benefit. The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012, p.55), provides: If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not apply. Because this rulemaking does not require a Notice of Proposed Rulemaking, the RFA does not apply. 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 [[Page 94273]] 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 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 (Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).'' Section 202 of the Act (2 U.S.C. 1532) further requires that before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 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. 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. This final rule will not have a substantial direct effect on one or more Indian tribes, will not impose substantial direct compliance costs on Indian tribal governments, and will 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 [[Page 94274]] 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. In Sec. 225.19, revise the first sentence of paragraph (c), and 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, $10,500 for calendar year 2016, and $10,700 for calendar year 2017) 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, $10,500 for calendar year 2016, and $10,700 for calendar year 2017. The procedure for determining the reporting threshold for calendar years 2006 and beyond appears as paragraphs 1-8 of appendix B to part 225. * * * * * Sarah E. Feinberg, Administrator. [FR Doc. 2016-30812 Filed 12-22-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 94271
DEPARTMENT OF TRANSPORTATION RCC–10, Mail Stop 10, West Building FRA again amended its method for
3rd Floor, Room W31–124, 1200 New calculating the reporting threshold
Federal Railroad Administration Jersey Ave. SE., Washington, DC 20590 because the BLS ceased collecting and
(telephone 202–493–1381). publishing the railroad wage data FRA
49 CFR Part 225 SUPPLEMENTARY INFORMATION: used in the calculation. Consequently,
[FRA–2008–0136, Notice No. 9] FRA substituted railroad employee wage
Background
data the Surface Transportation Board
RIN 2130–ZA14 A ‘‘rail equipment accident/incident’’ (STB) collects for the data BLS ceased
is a collision, derailment, fire, to collect. See 70 FR 75414, Dec. 20,
Monetary Threshold for Reporting Rail explosion, act of God, or other event 2005. In a separate rulemaking, FRA
Equipment Accidents/Incidents for involving the operation of railroad on- intends to evaluate and amend, if
Calendar Year 2017 track equipment (standing or moving) appropriate, its method for calculating
that results in damages to railroad on- the reporting threshold and, as a result,
AGENCY: Federal Railroad
track equipment, signals, tracks, track the formula used to calculate the
Administration (FRA), Department of
structures, or roadbed, including labor reporting threshold may change. FRA
Transportation (DOT).
costs and the costs for acquiring new intends to reexamine its method for
ACTION: Final rule. equipment and material, greater than calculating the reporting threshold
the reporting threshold for the year in because new methodologies for
SUMMARY: This rule increases the rail
which the event occurs. 49 CFR calculating the threshold are available.
equipment accident/incident monetary
225.19(c). A railroad must report each FRA believes updating its methodology
reporting threshold (reporting
rail equipment accident/incident to FRA to include these advances will ensure
threshold) from $10,500 to $10,700 for
using the Rail Equipment Accident/
railroad accidents/incidents involving the reporting threshold reflects changes
Incident Report (Form FRA F 6180.54).
property damage that occur during in equipment and labor costs as
See 49 CFR 225.19(b), (c) and 225.21(a).
calendar year (CY) 2017 that FRA’s accurately as possible.
Paragraphs (c) and (e) of 49 CFR 225.19
accident/incident reporting regulations
further provide that FRA will adjust the New Reporting Threshold
require railroads to report to the agency.
dollar figure that constitutes the
This action is needed to ensure FRA’s Approximately one year has passed
reporting threshold, if necessary, every
reporting requirements reflect cost since FRA reviewed the reporting
year under the procedures in appendix
increases that have occurred since FRA threshold. See 80 FR 80683, Dec. 28,
B to 49 CFR part 225 (Appendix B) to
last published the reporting threshold in 2015. Consequently, FRA has
reflect any cost increases or decreases.
December 2015. In addition to periodically reviewing recalculated the reporting threshold
DATES: This final rule is effective and adjusting the reporting threshold under 49 CFR 225.19(c), based on
January 1, 2017. under Appendix B, FRA periodically increased costs for labor and increased
FOR FURTHER INFORMATION CONTACT: amends its method for calculating the costs for equipment. FRA has
Kebo Chen, Staff Director, U.S. threshold. In 49 U.S.C. 20901(b), determined that the current reporting
Department of Transportation, Federal Congress requires that FRA base the threshold of $10,500, which applies to
Railroad Administration, Office of reporting threshold on publicly rail equipment accidents/incidents that
Safety Analysis, RRS–22, Mail Stop 25, available information obtained from the occur during CY 2016, should increase
West Building 3rd Floor, Room W33– Bureau of Labor Statistics (BLS), other by $200 to $10,700 for rail equipment
314, 1200 New Jersey Ave. SE., objective government source, or be accidents/incidents occurring during CY
Washington, DC 20590 (telephone 202– subject to notice and comment. In 1996, 2017. The specific inputs to the
493–6079); or Gahan Christenson, Trial FRA adopted a new method for equation set forth in Appendix B (i.e.,
Attorney, U.S. Department of calculating the reporting threshold for Tnew = Tprior * [1 +
Transportation, Federal Railroad rail equipment accidents/incidents. See 0.4(Wnew¥Wprior)/Wprior +
Administration, Office of Chief Counsel, 61 FR 60632, Nov. 29, 1996. In 2005, 0.6(Enew¥Eprior)/100]) are:
Tprior Wnew Wprior Enew Eprior
$10,500 ............................................................................................................ $29.99942 $29.80388 203.33333 200.63333
Where: Tnew = New threshold; Tprior = new reporting threshold of $10,700 for Notice and Comment Procedures
Prior threshold (with reference to the CY 2017.1
threshold, ‘‘prior’’ refers to the previous In this rule, FRA has recalculated the
reporting threshold based on the
threshold rounded to the nearest $100, 1 On June 12, 2013, Union Pacific Railroad
Company filed a revised 2nd Quarterly Report of formula discussed in detail and
as reported in the Federal Register);
Wage A&B Data (Form A Wage Statistics adopted, after notice and comment, in
Wnew = New average hourly wage rate, Summary—0100) for 2012 with the Surface the final rule published December 20,
in dollars; Wprior = Prior average hourly Transportation Board, following the publication of 2005. See 70 FR 75414, Dec. 20, 2005.
wage rate, in dollars; Enew = New the 2013 threshold. Based upon the revised data, FRA finds both the current cost data
equipment average Producer Price Index the 2013 threshold would have been $10,000 (Tnew
= 9500*(1+0.4*(26.10¥24.93)/
inserted into this pre-existing formula
jstallworth on DSK7TPTVN1PROD with RULES
(PPI) value; Eprior = Prior equipment and the original cost data that they
24.93+0.6*(191.5¥186.37)/100.00) = 9970.76). The
average PPI value. Using the above current method for calculating the current threshold replace were obtained from reliable
figures, the calculated new threshold, requires using the prior threshold as published in Federal government sources. FRA finds
(Tnew) is $10,697.669, which is the Federal Register. Even though the corrected this rule imposes no additional burden
threshold for 2013 would have been higher at
rounded to the nearest $100 for a final $10,000, leading to a higher Tprior in the on any person, but rather is intended to
calculation for 2014, the end result for 2014 is still provide a benefit by permitting the valid
$10,500 using the current formula. comparison of accident data over time.
VerDate Sep<11>2014 15:20 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1](https://thefederalregister.org/doc/81_FR_94518/page/1.svg)
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Accordingly, finding that notice and materials shippers that meet the revenue burden will not be significant and will
comment procedures are either requirements of a Class III railroad as set affect the large railroads more than the
impracticable, unnecessary, or contrary forth in 49 CFR 1201.1–1 ($20 million small railroads, due to the higher
to the public interest, FRA is proceeding or less in inflation-adjusted annual proportion of reportable rail equipment
directly to a final rule. revenues, and commuter railroads or accidents/incidents experienced by
FRA regularly reviews and small governmental jurisdictions that large entities.
recalculates the reporting threshold serve populations of 50,000 or less). See Furthermore, FRA has determined the
using the formula published in 49 CFR part 209, appendix C. FRA used RFA does not apply to this rulemaking.
Appendix B near the end of each CY. this definition for this rulemaking. Given this rule merely updates the
Therefore, any person affected by this About 743 of the approximately 792 reporting threshold for CY 2017 using
rule should anticipate the on-going railroads in the United States are the formula developed through notice
adjustment of the reporting threshold considered small entities by FRA. FRA and comment rulemaking and published
and has reasonable time to make any certifies that this final rule will have no in Appendix B, FRA finds notice and
minor changes necessary to come into significant economic impact on a public comment is unnecessary and
compliance with the reporting substantial number of small entities. To would serve no public benefit. The
requirements. FRA attempts to use the the extent that this rule has any impact Small Business Administration’s A
most recent data available to calculate on small entities, the impact will be Guide for Government Agencies: How to
the updated reporting threshold prior to neutral or insignificant. The frequency Comply with the Regulatory Flexibility
the next CY. FRA has found that issuing of rail equipment accidents/incidents, Act (2012, p.55), provides:
the rule no later than December of each and therefore also the frequency of If, under the APA or any rule of general
CY and making the rule effective on required reporting, is generally applicability governing federal grants to state
January 1, of the next year, allows FRA proportional to the size of the railroad. and local governments, the agency is
to use the most up-to-date data when required to publish a general notice of
A railroad employing thousands of proposed rulemaking (NPRM), the RFA must
calculating the reporting threshold and employees and operating trains millions be considered [citing 5 U.S.C. 604(a)] . . . .
to compile data that accurately reflects of miles is exposed to greater risks than If an NPRM is not required, the RFA does not
rising wages and equipment costs. As one whose operation is substantially apply.
such, FRA finds that it has good cause smaller. Small railroads may go for
to make this final rule effective January Because this rulemaking does not
months at a time without having a require a Notice of Proposed
1, 2017. reportable occurrence of any type, and Rulemaking, the RFA does not apply.
Regulatory Evaluation even longer without having a rail
equipment accident/incident. For Paperwork Reduction Act
Executive Orders 12866 and 13563 and example, FRA data indicate railroads There are no new or additional
DOT Regulatory Policies and Procedures reported 2,029 rail equipment information collection requirements
FRA evaluated this final rule under accidents/incidents in 2011, with small associated with this final rule. FRA’s
existing policies and procedures and railroads reporting 276 of them. Data for collection of accident/incident reporting
determined it is non-significant under 2012 show railroads reported 1,765 rail and recordkeeping information is
both Executive Orders 12866 and 13563, equipment accidents/incidents, with currently approved under OMB No.
and DOT policies and procedures. See small railroads reporting 254 of them. 2130–0500. Therefore, FRA is not
44 FR 11034, Feb. 26, 1979. Data for 2013 show that 1,849 rail required to provide an estimate of a
equipment accidents/incidents were public reporting burden in this
Regulatory Flexibility Act reported, with small railroads reporting document.
FRA developed this rule under 271 of them. In 2014, 1,870 rail
Executive Order 13272 (‘‘Proper equipment accidents/incidents were Federalism Implications
Consideration of Small Entities in reported, and small railroads reported Executive Order 13132, ‘‘Federalism’’
Agency Rulemaking’’) and DOT’s 230 of them. In 2015, 1,912 rail (64 FR 43255, Aug. 10, 1999), requires
procedures and policies to promote equipment accidents/incidents were FRA to develop an accountable process
compliance with the Regulatory reported, with small railroads reporting to ensure ‘‘meaningful and timely input
Flexibility Act (5 U.S.C. 601 et seq.) to 253 of them. On average over those five by State and local officials in the
ensure potential impacts of rules on calendar years, small railroads reported development of regulatory policies that
small entities are properly considered. about 14% (ranging from 12% to 15%) have federalism implications.’’ ‘‘Policies
The Regulatory Flexibility Act of the total number of rail equipment that have federalism implications’’ are
requires an agency to review regulations accidents/incidents. FRA notes that defined in the Executive Order to
to assess their impact on small entities, these data are accurate as of the date of include regulations that have
unless the Secretary certifies the rule issuance of this final rule, and are ‘‘substantial direct effects on the States,
will not have a significant economic subject to minor changes due to on the relationship between the national
impact on a substantial number of small additional reporting. Absent this government and the States, or on the
entities. Under Section 312 of the Small rulemaking (i.e., absent increasing the distribution of power and
Business Regulatory Enforcement reporting threshold), the number of responsibilities among the various
Fairness Act of 1996 (Pub. L. 104–121), reportable accidents/incidents in CY levels of government.’’ Under Executive
Federal agencies may adopt their own 2017 would likely increase, as keeping Order 13132, the agency may not issue
size standards for small entities in the 2016 threshold in place would not a regulation with federalism
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consultation with SBA and in allow it to keep pace with the increasing implications that imposes substantial
consultation with public comment. dollar amounts of wages and rail direct compliance costs and that is not
Under that authority, FRA has equipment repair costs. Therefore, this required by statute, unless the Federal
published a final statement of agency rule will be neutral in effect. Increasing government provides the funds
policy formally establishing for FRA’s the reporting threshold will slightly necessary to pay the direct compliance
regulatory purposes ‘‘small entities’’ as decrease the recordkeeping burden for costs incurred by State and local
railroads, contractors, and hazardous railroads over time. Any recordkeeping governments, or the agency consults
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![94274 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
into any agency docket by the name of costs for acquiring new equipment and Background
the individual submitting the comment material. * * *
(or signing the comment, if submitted The regulations at 50 CFR part 11
* * * * *
on behalf of an association, business, (e) The reporting threshold is $6,700 provide uniform rules and procedures
labor union, etc.). You may review for calendar years 2002 through 2005, for the assessment of civil penalties
DOT’s complete Privacy Act Statement $7,700 for calendar year 2006, $8,200 resulting from violations of certain laws
in the Federal Register (65 FR 19477– for calendar year 2007, $8,500 for and regulations enforced by the Service.
19478, Apr. 11, 2000) or you may visit calendar year 2008, $8,900 for calendar On June 28, 2016, the Service
http://www.transportation.gov/privacy. year 2009, $9,200 for calendar year published in the Federal Register an
2010, $9,400 for calendar year 2011, interim rule (81 FR 41862) that
List of Subjects in 49 CFR Part 225 amended 50 CFR part 11, in accordance
$9,500 for calendar year 2012, $9,900
Investigations, Penalties, Railroad for calendar year 2013, $10,500 for with the Federal Civil Penalties
safety, Reporting and recordkeeping calendar year 2014, $10,500 for calendar Inflation Adjustment Act Improvements
requirements. year 2015, $10,500 for calendar year Act of 2015 (Inflation Adjustment Act;
2016, and $10,700 for calendar year sec. 701 of Pub. L. 114–74) and Office
The Rule of Management and Budget guidance, to
2017. The procedure for determining the
In consideration of the foregoing, FRA reporting threshold for calendar years adjust for inflation the statutory civil
amends part 225 of chapter II, subtitle 2006 and beyond appears as paragraphs monetary penalties that may be assessed
B of title 49, Code of Federal 1–8 of appendix B to part 225. for violations of Service-administered
Regulations, as follows: * * * * * statutes and their implementing
regulations. We are required to adjust
PART 225—[AMENDED] Sarah E. Feinberg, civil monetary penalties as necessary for
Administrator. inflation according to a formula
■ 1. The authority citation for part 225 [FR Doc. 2016–30812 Filed 12–22–16; 8:45 am] specified in the Inflation Adjustment
continues to read as follows: BILLING CODE 4910–06–P Act.
Authority: 49 U.S.C. 103, 322(a), 20103, The interim rule became effective on
20107, 20901–02, 21301, 21302, 21311; 28 July 28, 2016. We accepted public
U.S.C. 2461, note; and 49 CFR 1.89. DEPARTMENT OF THE INTERIOR comments for 60 days on the interim
■ 2. In § 225.19, revise the first sentence rule, ending August 29, 2016. By that
of paragraph (c), and paragraph (e) to Fish and Wildlife Service date, we did not receive any comments
read as follows: on the interim rule. Therefore, we are
50 CFR Part 11 affirming the interim rule as a final rule,
§ 225.19 Primary groups of accidents/ without change.
[Docket No. FWS–HQ–LE–2016–0045;
incidents.
FF09L00200–FX–LE18110900000] The interim rule is available at http://
* * * * *
RIN 1018–BB32 www.regulations.gov under Docket No.
(c) Group II—Rail equipment. Rail FWS–HQ–LE–2016–0045.
equipment accidents/incidents are Civil Penalties; Inflation Adjustments
collisions, derailments, fires, List of Subjects in 50 CFR Part 11
for Civil Monetary Penalties
explosions, acts of God, and other
AGENCY: Fish and Wildlife Service, Administrative practice and
events involving the operation of on-
Interior. procedure, Exports, Fish, Imports,
track equipment (standing or moving)
Penalties, Plants, Transportation,
that result in damages higher than the ACTION: Adoption of interim rule as final
Wildlife.
current reporting threshold (i.e., $6,700 rule.
for calendar years 2002 through 2005, PART 11—CIVIL PROCEDURES
$7,700 for calendar year 2006, $8,200 SUMMARY: The U.S. Fish and Wildlife
for calendar year 2007, $8,500 for Service (Service or we) is adopting, as
a final rule, without change, an interim ■ Accordingly, we are adopting as a
calendar year 2008, $8,900 for calendar final rule, without change, the interim
year 2009, $9,200 for calendar year rule that revised our civil procedure
regulations and increased civil rule amending 50 CFR part 11 that was
2010, $9,400 for calendar year 2011, published at 81 FR 41862 on June 28,
$9,500 for calendar year 2012, $9,900 monetary penalties for inflation.
DATES: Effective on December 23, 2016. 2016.
for calendar year 2013, $10,500 for
calendar year 2014, $10,500 for calendar FOR FURTHER INFORMATION CONTACT: Paul Dated: December 12, 2016.
year 2015, $10,500 for calendar year Beiriger, Special Agent in Charge, Michael J. Bean,
2016, and $10,700 for calendar year Branch of Investigations, U.S. Fish and Principal Deputy Assistant Secretary for Fish
2017) to railroad on-track equipment, Wildlife Service, Office of Law and Wildlife and Parks.
signals, tracks, track structures, or Enforcement, (703) 358–1949. [FR Doc. 2016–31038 Filed 12–22–16; 8:45 am]
roadbed, including labor costs and the SUPPLEMENTARY INFORMATION: BILLING CODE 4333–15–P
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Document Created: 2016-12-23 12:29:05
Document Modified: 2016-12-23 12:29:05
| 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, 2017. | |
| Contact | Kebo Chen, Staff Director, U.S. Department of Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202- 493-6079); or Gahan Christenson, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-124, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-493- 1381). | |
| FR Citation | 81 FR 94271 | |
| RIN Number | 2130-ZA14 | |
| CFR Associated | Investigations; Penalties; Railroad Safety and Reporting and Recordkeeping Requirements |
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