Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 75911 

Dated: December 1, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2010–30520 Filed 12–6–10; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 225 

[FRA–2008–0136, Notice No. 3] 

RIN 2130–ZA04 

Adjustment of Monetary Threshold for 

Reporting Rail Equipment Accidents/ 

Incidents for Calendar Year 2011 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule increases the rail 

equipment accident/incident reporting 

threshold from $9,200 to $9,400 for 

certain railroad accidents/incidents 

involving property damage that occur 

during calendar year 2011. This action 

is needed to ensure that FRA’s reporting 

requirements reflect cost increases that 

have occurred since the reporting 

threshold was last computed in 

December of 2009. 

DATES: This regulation is effective 

January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Arnel B. Rivera, 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– 

306, 1200 New Jersey Ave., SE., 

Washington, DC 20590 (telephone 202– 

493–1331); or Gahan Christenson, Trial 

Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, Office of Chief Counsel, 

RCC–10, Mail Stop 10, West Building 

3rd Floor, Room W31–204, 1200 New 

Jersey Ave., SE., Washington, DC 20590 

(telephone 202–493–1381). 

SUPPLEMENTARY INFORMATION: 

Background 

A ‘‘rail equipment accident/incident’’ 

is a collision, derailment, fire, 

explosion, act of God, or other event 

involving the operation of railroad ontrack equipment (standing or moving) 

that results in damages to railroad ontrack equipment, signals, tracks, track 

structures, or roadbed, including labor 

costs and the costs for acquiring new 

equipment and material, greater than 

the reporting threshold for the year in 

which the event occurs. 49 CFR 

225.19(c). Each rail equipment accident/ 

incident must be reported to FRA using 

the Rail Equipment Accident/Incident 

Report (Form FRA F 6180.54). 49 CFR 

225.19(b) and (c). As revised, effective 

in 1997, paragraphs (c) and (e) of 49 

CFR 225.19 provide that the dollar 

figure that constitutes the reporting 

threshold for rail equipment accidents/ 

incidents will be adjusted, if necessary, 

every year in accordance with the 

procedures outlined in appendix B to 

part 225 to reflect any cost increases or 

decreases. 

New Reporting Threshold 

Approximately one year has passed 

since the rail equipment accident/ 

incident reporting threshold was 

revised. 74 FR 65458 (December 10, 

2009). Consequently, FRA has 

recalculated the threshold, as required 

by § 225.19(c), based on increased costs 

for labor and increased costs for 

equipment. FRA has determined that 

the current reporting threshold of 

$9,200, which applies to rail equipment 

accidents/incidents that occur during 

calendar year 2010, should increase by 

$200 to $9,400 for equipment accidents/ 

incidents occurring during calendar 

year 2011, effective January 1, 2011. The 

specific inputs to the equation set forth 

in appendix B (i.e., Tnew = Tprior * [1 

+ 0.4(Wnew¥Wprior)/Wprior + 

0.6(Enew¥Eprior)/100]) to part 225 are: 

Tprior Wnew Wprior Enew Eprior 

$9,200 $24.73606 $24.04379 184.56666 182.03333 

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 PPI value; Eprior = 

Prior equipment average PPI value. 

Using the above figures, the calculated 

new threshold, (Tnew) is $9,445.80, 

which is rounded to the nearest $100 for 

a final new reporting threshold of 

$9,400. 

Notice and Comment Procedures and 

Effective Date 

In this rule, FRA has recalculated the 

monetary reporting threshold based on 

the formula discussed in detail and 

adopted, after notice and comment, in 

the final rule published December 20, 

2005, 70 FR 75414. FRA has found that 

both the current cost data inserted into 

this pre-existing formula and the 

original cost data that they replace were 

obtained from reliable Federal 

government sources. FRA has found that 

this rule imposes no additional burden 

on any person, but rather provides a 

benefit by permitting the valid 

comparison of accident data over time. 

Accordingly, finding that notice and 

comment procedures are either 

impracticable, unnecessary, or contrary 

to the public interest, FRA is proceeding 

directly to the final rule. 

FRA regularly recalculates the 

monetary reporting threshold using a 

pre-existing formula near the end of 

each calendar year. Therefore, any 

person affected by this rule anticipates 

the on-going adjustment of the threshold 

and has reasonable time to make any 

minor changes necessary to come into 

compliance with the regulations. FRA 

attempts to use the most recent data 

available to calculate the updated 

reporting threshold prior to the next 

calendar year. FRA has found that 

issuing the rule in December of each 

calendar year and making the rule 

effective on January 1, of the next year, 

allows FRA to use the most up-to-date 

data when calculating the reporting 

threshold and to compile data that 

accurately reflects rising wages and 

equipment costs. As such, FRA has 

found that it has good cause to make the 

effective date January 1, 2011. 

Regulatory Impact 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rule has been evaluated in 

accordance with existing policies and 

procedures, and determined to be nonsignificant under both Executive Order 

12866 and DOT policies and procedures 

(44 FR 11034 (Feb. 26, 1979)). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601–612) requires a review of 

proposed and final rules to assess their 

impact on small entities, unless the 

Secretary certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Pursuant to Section 312 of the Small 


srobinson on DSKHWCL6B1PROD with RULES
75912 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

FRA has issued a final policy that 

formally establishes ‘‘small entities’’ as 

including railroads that meet the linehaulage revenue requirements of a Class 

III railroad. 49 CFR part 209, app. C. For 

other entities, the same dollar limit in 

revenues governs whether a railroad, 

contractor, or other respondent is a 

small entity. Id. 

About 721 of the approximately 756 

railroads in the United States are 

considered small entities by FRA. FRA 

certifies that this final rule will have no 

significant economic impact on a 

substantial number of small entities. To 

the extent that this rule has any impact 

on small entities, the impact will be 

neutral or insignificant. The frequency 

of rail equipment accidents/incidents, 

and therefore also the frequency of 

required reporting, is generally 

proportional to the size of the railroad. 

A railroad that employs thousands of 

employees and operates trains millions 

of miles is exposed to greater risks than 

one whose operation is substantially 

smaller. Small railroads may go for 

months at a time without having a 

reportable occurrence of any type, and 

even longer without having a rail 

equipment accident/incident. For 

example, current FRA data indicate that 

2,995 rail equipment accidents/ 

incidents were reported in 2006, with 

small railroads reporting 381 of them. 

Data for 2007 show that 2,690 rail 

equipment accidents/incidents were 

reported, with small railroads reporting 

376 of them. Data for 2008 show that 

2,469 rail equipment accidents/ 

incidents were reported, with small 

railroads reporting 302 of them. In 2009, 

1,890 rail equipment accidents/ 

incidents were reported, and small 

railroads reported 278 of them. On 

average for those four calendar years, 

small railroads reported about 13% 

(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., any 

increase in the monetary reporting 

threshold), the number of reportable 

accidents/incidents would increase, as 

keeping the 2010 threshold in place 

would not allow it to keep pace with the 

increasing dollar amounts of wages and 

rail equipment repair costs. Therefore, 

this rule will be neutral in effect. 

Increasing the reporting threshold will 

slightly decrease the recordkeeping 

burden for railroads over time. Any 

recordkeeping burden will not be 

significant and will affect the large 

railroads more than the small entities, 

due to the higher proportion of 

reportable rail equipment accidents/ 

incidents experienced by large entities. 

Paperwork Reduction Act 

There are no new information 

collection requirements associated with 

this final rule. Therefore, no estimate of 

a public reporting burden is required. 

Federalism Implications 

Executive Order 13132, entitled, 

‘‘Federalism,’’ issued on August 4, 1999, 

requires that each agency ‘‘in a 

separately identified portion of the 

preamble to the regulation as it is to be 

issued in the Federal Register, provide[] 

to the Director of the Office of 

Management and Budget a federalism 

summary impact statement, which 

consists of a description of the extent of 

the agency’s prior consultation with 

State and local officials, a summary of 

the nature of their concerns and the 

agency’s position supporting the need to 

issue the regulation, and a statement of 

the extent to which the concerns of the 

State and local officials have been 

met. * * *’’ This rulemaking action has 

been analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132. This rule will 

not have a substantial direct effect on 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and the 

responsibilities among the various 

levels of government, as specified in the 

Executive Order 13132. Accordingly, 

FRA has determined that this rule will 

not have sufficient federalism 

implications to warrant consultation 

with State and local officials or the 

preparation of a federalism assessment. 

Accordingly, a federalism assessment 

has not been prepared. 

Environmental Impact 

FRA has evaluated this regulation in 

accordance with its ‘‘Procedures for 

Considering Environmental Impacts’’ 

(FRA’s Procedures) (64 FR 28545 (May 

26, 1999)) as required by the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.), other environmental 

statutes, Executive Orders, and related 

regulatory requirements. FRA has 

determined that this regulation is not a 

major FRA action (requiring the 

preparation of an environmental impact 

statement or environmental assessment) 

because it is categorically excluded from 

detailed environmental review pursuant 

to section 4(c)(20) of FRA’s Procedures. 

64 FR 28545, 28547 (May 26, 1999). In 

accordance with section 4(c) and (e) of 

FRA’s Procedures, the agency has 

further concluded that no extraordinary 

circumstances exist with respect to this 

regulation that might trigger the need for 

a more detailed environmental review. 

As a result, FRA finds that this 

regulation is not a major Federal action 

significantly affecting the quality of the 

human environment. 

Unfunded Mandates Reform Act of 1995 

Pursuant to Section 201 of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 2 U.S.C. 1531), each 

Federal agency ‘‘shall, unless otherwise 

prohibited by law, assess the effects of 

Federal regulatory actions on State, 

local, and tribal governments, and the 

private sector (other than to the extent 

that such regulations incorporate 

requirements specifically set forth in 

law).’’ Section 202 of the Act (2 U.S.C. 

1532) further requires that ‘‘before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in the promulgation of any rule 

that includes any Federal mandate that 

may result in expenditure by State, 

local, and tribal governments, in the 

aggregate, or by the private sector, of 

[$140,800,000 or more (as adjusted for 

inflation)] in any one year, and before 

promulgating any final rule for which a 

general notice of proposed rulemaking 

was published, the agency shall prepare 

a written statement’’ detailing the effect 

on State, local, and tribal governments 

and the private sector. The final rule 

will not result in the expenditure, in the 

aggregate, of $140,800,000 or more in 

any one year, and thus preparation of 

such a statement is not required. 

Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ 66 FR 28355 (May 22, 

2001). Under the Executive Order, a 

‘‘significant energy action’’ is defined as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

rulemaking, and notices of proposed 

rulemaking: That (1)(i) is a significant 

regulatory action under Executive Order 

12866 or any successor order, and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. FRA has 

evaluated this final rule in accordance 

with Executive Order 13211. FRA has 

determined that this final rule is not 

likely to have a significant adverse effect 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 75913 

on the supply, distribution, or use of 

energy. Consequently, FRA has 

determined that this regulatory action is 

not a ‘‘significant energy action’’ within 

the meaning of Executive Order 13211. 

Privacy Act 

Anyone is able to search the 

electronic form of all our comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov. 

List of Subjects in 49 CFR Part 225 

Investigations, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

The Rule 

■ In consideration of the foregoing, FRA 

amends part 225 of chapter II, subtitle 

B of title 49, Code of Federal 

Regulations, as follows: 

PART 225—[AMENDED] 

■ 1. The authority citation for part 225 

continues to read as follows: 

Authority: 49 U.S.C. 103, 322(a), 20103, 

20107, 20901–02, 21301, 21302, 21311; 28 

U.S.C. 2461, note; and 49 CFR 1.49. 

■ 2. Amend § 225.19 by revising the first 

sentence of paragraph (c) and revising 

paragraph (e) to read as follows: 

§ 225.19 Primary groups of accidents/ 

incidents. 

* * * * * 

(c) Group II—Rail equipment. Rail 

equipment accidents/incidents are 

collisions, derailments, fires, 

explosions, acts of God, and other 

events involving the operation of ontrack equipment (standing or moving) 

that result in damages higher than the 

current reporting threshold (i.e., $6,700 

for calendar years 2002 through 2005, 

$7,700 for calendar year 2006, $8,200 

for calendar year 2007, $8,500 for 

calendar year 2008, $8,900 for calendar 

year 2009, $9,200 for calendar year 2010 

and $9,400 for calendar year 2011) 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 

and $9,400 for calendar year 2011. The 

procedure for determining the reporting 

threshold for calendar years 2006 and 

beyond appears as paragraphs 1–8 of 

appendix B to part 225. 

* * * * * 

Issued in Washington, DC, on December 2, 

2010. 

Karen J. Hedlund, 

Chief Counsel. 

[FR Doc. 2010–30824 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2009–0079; MO 

92210–1117–0000–B4] 

RIN 1018–AW52 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Vermilion Darter 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), designate 

critical habitat for the vermilion darter 

(Etheostoma chermocki) under the 

Endangered Species Act of 1973, as 

amended (Act). We designate as critical 

habitat approximately 21.0 kilometers 

(km) (13.0 miles (mi)) of stream in 5 

units within the Turkey Creek 

watershed in Jefferson County, AL. 

DATES: This rule becomes effective on 

January 6, 2011. 

ADDRESSES: This final rule, the final 

economic analysis, comments and 

materials received, as well as supporting 

documentation we used in preparing 

this final rule, are available for viewing 

on the Internet at http://regulations.gov 

at Docket No. FWS–R4–ES–2009–0079 

and, by appointment, during normal 

business hours, at the U.S. Fish and 

Wildlife Service, Mississippi Fish and 

Wildlife Office, 6578 Dogwood View 

Parkway, Jackson, MS 39213; telephone 

601–321–1122; facsimile 601–965–4340. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ricks, Field Supervisor, U.S. 

Fish and Wildlife Service, Mississippi 

Fish and Wildlife Office (see ADDRESSES

above). If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

It is our intent to discuss only those 

topics directly relevant to the 

designation of critical habitat for the 

vermilion darter under the Act (16 

U.S.C. 1531 et seq.), in this final rule. 

For more information on the biology 

and ecology of the vermilion darter, 

refer to the final listing rule published 

in the Federal Register on November 28, 

2001 (66 FR 59367) and the Vermilion 

Darter Recovery Plan, available on the 

Internet at http://ecos.fws.gov/docs/ 

recovery_plan/070802.pdf. For 

information on vermilion darter critical 

habitat, refer to the proposed rule to 

designate critical habitat for the 

vermilion darter published in the 

Federal Register on December 3, 2009 

(74 FR 63366). Information on the 

associated draft economic analysis for 

the proposed rule to designate revised 

critical habitat was published in the 

Federal Register on June 29, 2010 (75 

FR 37350). See also the discussion of 

habitat in the Physical and Biological 

Features section below. 

Description and Taxonomy 

The vermilion darter (Etheostoma 

chermocki (Teleostei: Percidae)) was 

officially described in 1992 from Turkey 

Creek, a tributary of the Locust Fork, 

which is within the Black Warrior River 

drainage of Jefferson County, Alabama. 

The vermilion darter belongs to the 

subgenus Ulocentra (snubnose darters), 

which includes fish that are slightly 

laterally compressed, have complete 

lateral lines, broadly connected gill 

membranes, a short head, and a small 

pronounced mouth. The vermilion 

darter is a medium-sized darter, 

reaching about 7.1 centimeters (2.8 

inches) total length (length from tip of 

snout to longest portion of tail fin). 

Distribution and Habitat 

The vermilion darter is a narrowly 

endemic fish species, occurring in 

sparse, fragmented, and isolated 

populations. The species is only known 

in parts of the upper mainstem reach of 

Turkey Creek and four tributaries in 

Pinson, Jefferson County, Alabama 

(Boschung and Mayden 2004, p. 520). 

Suitable streams have pools of moderate 

current alternating with riffles of 

moderately swift current, and low water 

turbidity. 

The vermilion darter was listed as 

endangered (66 FR 59367, November 28, 

2001) because of ongoing threats to the 

species and its habitat from 

urbanization within the Turkey Creek 

watershed. The primary threats to the 

species and its habitat are degradation 

of water quality and substrate 


srobinson on DSKHWCL6B1PROD with RULES