[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Rules and Regulations]
[Pages 60632-60635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30352]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 219 and 225
[FRA Docket No. RAR-4, Notice No. 15]
RIN 2130-AA58
Railroad Accident Reporting
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule increases from $6,300 to $6,500 the monetary
threshold for reporting rail equipment accidents/incidents involving
railroad property damage that occur on or after January 1, 1997. This
action is needed to ensure and maintain comparability between different
years of data by having the threshold keep pace with increase in
equipment and labor costs so that each year accidents involving the
same minimum amount of railroad property damage are included in the
reportable accident counts.
EFFECTIVE DATE: January 1, 1997.
FOR FURTHER INFORMATION CONTACT: Robert L. Finkelstein, Staff Director,
Office of Safety Analysis, Office of Safety, FRA, 400 Seventh Street,
SW., Washington, DC 20590 (telephone 202-632-3386); or Nancy L.
Goldman, Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh
Street, SW., Washington, DC 20590 (telephone 202-632-3167).
SUPPLEMENTARY INFORMATION: On June 18 and November 22, 1996, FRA
published in the Federal Register final rules amending the railroad
accident reporting regulations at 49 CFR part 225. The final rules aim
to minimize underreporting and inaccurate reporting of those injuries,
illnesses, and accidents meeting reportability requirements.
Collisions, derailments, explosions, fires, acts of God, and other
events involving the operation of standing or moving on-track equipment
that result in more than $6,300 of reportable damage (the current
reporting threshold) must be reported to FRA using the Rail Equipment
Accident/Incident Report (Form FRA F 6180.54). 49 CFR 225.19 (b) and
(c). The reporting threshold was last changed in 1990. 55 FR 52846.
FRA has periodically adjusted the reporting threshold based on
changes in the prices of railroad labor and materials. The purpose of
these adjustments has been to ensure that
[[Page 60633]]
FRA reporting requirements reflect the impact of inflation.
In 1992 Congress gave FRA some direction for modifying the
procedure for calculating the threshold in 49 U.S.C. 20901(b) (formerly
contained at section 15(a) of the Rail Safety Enforcement and Review
Act (Pub. L. 102-365)):
In establishing or changing a monetary threshold for the
reporting of a railroad accident or incident, * * * damage cost
calculations shall be based only on publicly available information
obtained from (A) the Bureau of Labor Statistics; or (B) another
department, agency or instrumentality of the United States
Government if the information has been collected through objective,
statistically sound survey methods or has been previously subject to
a public notice and comment process in a proceeding of a Government
department, agency, or instrumentality.
Congress allows an exception to this general rule only if the necessary
data are not available from the sources described, and only after
public notice and comment.
Pursuant to this 1992 amendment, FRA proposed a new method for
calculation of the monetary reporting threshold in the accident
reporting Notice of Proposed Rulemaking (NPRM). 59 FR 42880. FRA's
proposal received favorable comments and was adopted in the accident
reporting final rule published June 18, 1996. 61 FR 30959, 30969. In
this notice, FRA merely adjusts the reporting threshold based on the
formula adopted in the final rule. Accordingly, additional notice and
comment would be unnecessary and contrary to the public interest.
Following the direction of Congress, FRA obtained in October 1996
the Producer Price Index (``PPI'') and National Employment Hours and
Earnings figures from the Department of Labor's Bureau of Labor
Statistics (``BLS''). These figures cover the 12-month period ending
with the month of June of this year. The equation used to adjust the
reporting threshold is based on the average hourly earnings reported
for Class I railroads and an overall railroad equipment cost index
determined by the BLS. The two factors are weighted equally.
For the wage component, FRA used LABSTAT Series Report, Standard
Industrial Classification (SIC) code 4011 for Class I Railroad Average
Hourly Earnings. For the equipment component, FRA used LABSTAT Series
Report, Producer Price Index (PPI) Series WPU 144 for Railroad
Equipment. The monthly figures were totaled and divided by 12 to
produce monthly averages to be used in computing the projected annual
(12-month) average for the next calendar year. The wage data are
reported in terms of dollars earned per hour, while the equipment cost
data are indexed to a base year of 1982.
The procedure for adjusting the reporting threshold is shown in the
formula below. The wage component appears as a fractional change
relative to the prior year, while the equipment component is a
difference of two percentages which must be divided by 100 to present
it in a consistent fractional form. After performing the calculation,
the result is rounded to the nearest $100.
Formula:
[GRAPHIC] [TIFF OMITTED] TR29NO96.000
Where:
Prior Threshold = $6,300 (for calendar years 1991-1996)
Wn = New average hourly wage rate ($)
Wp = Prior average hourly wage rate ($)
En = New equipment average PPI value ($)
Ep = Prior equipment average PPI value ($)
Formula using the data obtained from BLS:
New Threshold =
[GRAPHIC] [TIFF OMITTED] TR29NO96.001
Where:
Prior Threshold = $6,300 (for calendar years 1991-1996)
Wn = New average hourly wage rate ($) = 17.55500
Wp = Prior average hourly wage rate ($) = 17.13417
En = New equipment average PPI value ($) = 136.76667
Ep = Prior equipment average PPI value ($) = 131.66667
Since the result of $6,538 is rounded to the nearest $100, the new
threshold is $6,500. The current weightings represent the general
assumption that damage repair costs, at levels at or near the
threshold, are split approximately evenly between labor and materials.
Appendix B is added to part 225 to show the procedure and formula
used by FRA for determining the reporting threshold. Additionally,
Sec. 225.19(e) is amended to reflect that the accident reporting
threshold for calendar year 1997 is $6,500.
The alcohol and drug regulations (49 CFR part 219) are amended
throughout to reflect that the accident reporting threshold for
calendar year 1997 is $6,500. Consistent with 225.19(c), this reporting
threshold will be adjusted annually. 61 FR 30969.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule has been evaluated in accordance with existing
regulatory policies and procedures and is considered to be a
nonsignificant regulatory action under DOT policies and procedures (44
FR 11034; February 26, 1979). This final rule also has been reviewed
under Executive Order 12866 and is also considered ``nonsignificant''
under that Order.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of rules to assess their impact on small entities,
unless the Secretary certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This final rule will have no new significant direct or indirect
economic impact on small units of government, business, or other
organizations. To the extent that this rule has any impact on small
units, the impact will be positive because the rule
[[Page 60634]]
is decreasing, rather increasing, their reporting burden.
Paperwork Reduction Act
There are no new information collection requirements associated
with this final rule. Therefore, no estimate of a public reporting
burden is required.
Environmental Impact
This final rule will not have any identifiable environmental
impact.
Federalism Implications
This final rule will not have a substantial effect 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. Thus, in accordance with Executive Order 12612,
preparation of a Federalism Assessment is not warranted.
The Final Rule
In consideration of the foregoing, FRA amends parts 219 and 225,
title 49, Code of Federal Regulations to read as follows:
PART 219--[AMENDED]
1. The authority citation for Part 219 is revised to read as
follows:
Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20113, 20140,
21301, 21304; and 49 CFR 1.49(m).
2. By amending Sec. 219.5 by revising the first sentence in the
definition of Impact accident and by revising the definitions of
Reporting Threshold and Train accident to read as follows:
Sec. 219.5 Definitions.
* * * * *
Impact accident means a train accident (i.e., a rail equipment
accident involving damage in excess of the current reporting threshold,
$6,300 for calendar years 1991 through 1996 and $6,500 for calendar
year 1997) consisting of a head-on collision, a rear-end collision, a
side collision (including a collision at a railroad crossing at grade),
a switching collision, or impact with a deliberately-placed obstruction
such as a bumping post. * * *
* * * * *
Reporting threshold means the amount specified in Sec. 225.19(c) of
this chapter, as adjusted from time to time in accordance with appendix
B to part 225 of this chapter. The accident reporting threshold for
calendar years 1991 through 1996 is $6,300. The accident reporting
threshold for calendar year 1997 is $6,500.
* * * * *
Train accident means a passenger, freight, or work train accident
described in Sec. 225.19(c) of this chapter (a ``rail equipment
accident'' involving damage in excess of the current reporting
threshold, $6,300 in calendar years 1991 through 1996 and $6,500 in
calendar year 1997), including an accident involving a switching
movement.
* * * * *
3. By amending Sec. 219.201 by revising the introductory text of
paragraphs (a) (1) and (2), and by revising paragraph (a) (4) to read
as follows:
Sec. 219.201 Events for which testing is required.
(a) * * *
(1) Major train accident. Any train accident (i.e., a rail
equipment accident involving damage in excess of the current reporting
threshold, $6,300 for calendar years 1991 through 1996 and $6,500 for
calendar year 1997) that involves one or more of the following:
* * * * *
(2) Impact accident. An impact accident (i.e., a rail equipment
accident defined as an ``impact accident'' in Sec. 219.5 of this part
that involves damage in excess of the current reporting threshold,
$6,300 for calendar years 1991 through 1996 and $6,500 for calendar
year 1997) resulting in--
* * * * *
(4) Passenger train accident. Reportable injury to any person in a
train accident (i.e., a rail equipment accident involving damage in
excess of the current reporting threshold, $6,300 for calendar years
1991 through 1996 and $6,500 for calendar year 1997) involving a
passenger train.
PART 225--[AMENDED]
1. The authority citation for Part 225 continues to read as
follows:
Authority: 49 U.S.C. 20103, 20107, 20901, 20902, 21302, 21311;
49 U.S.C. 103; 49 CFR 1.49(c), (g), and (m).
2. By revising Sec. 225.19(e) to read as follows:
Sec. 225.19 Primary groups of accidents/incidents.
* * * * *
(e) The accident/incident reporting threshold for calendar years
1991 through 1996 is $6,300. This threshold dollar amount will remain
in effect until December 31, 1996.
For calendar year 1997 the accident/incident reporting threshold is
$6,500. The procedure for determining the reporting threshold for
calendar year 1997 appears as Appendix B to this Part 225.
3. Part 225 is amended by adding Appendix B to read as follows:
Appendix B to Part 225--Procedure for Determining Reporting Threshold
1. Data from the U.S. Department of Labor, Bureau of Labor
Statistics (BLS), LABSTAT Series Reports are used in the
calculation. The equation used to adjust the reporting threshold
uses the average hourly earnings reported for Class I railroads and
Amtrak and an overall railroad equipment cost index determined by
the BLS. The two factors are weighted equally.
2. For the wage component, LABSTAT Series Report, Standard
Industrial Classification (SIC) code 4011 for Class I Railroad
Average Hourly Earnings is used.
3. For the equipment component, LABSTAT Series Report, Producer
Price Index (PPI) Series WPU 144 for Railroad Equipment is used.
4. In the month of October, final data covering the 12-month
period ending with the month of June are obtained from BLS. The 12
monthly figures are totaled and divided by 12 to produce monthly
averages to be used in computing the projected annual (12-month)
average for the next calendar year.
5. The wage data are reported in terms of dollars earned per
hour, while the equipment cost data are indexed to a base year of
1982.
6. The procedure for adjusting the reporting threshold is shown
in the formula below. The wage component appears as a fractional
change relative to the prior year, while the equipment component is
a difference of two percentages which must be divided by 100 to
present it in a consistent fractional form. After performing the
calculation, the result is rounded to the nearest $100.
7. The current weightings represent the general assumption that
damage repair costs, at levels at or near the threshold, are split
approximately evenly between labor and materials.
8. Formula:
[GRAPHIC] [TIFF OMITTED] TR29NO96.002
[[Page 60635]]
Where:
Prior Threshold=$6,300 (for calendar years 1991-1996)
Wn=New average hourly wage rate ($) = 17.55500
Wp=Prior average hourly wage rate ($) = 17.13417
En=New equipment average PPI value ($)= 136.76667
Ep=Prior equipment average PPI value ($) = 131.66667
9. The new threshold is $6,500 and is effective beginning
January 1, 1997.
Issued in Washington, D.C., on November 20, 1996.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 96-30352 Filed 11-27-96; 8:45 am]
BILLING CODE 4910-06-P
