44790 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 

CERCLA are necessary. Therefore, EPA 

is deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective October 9, 2007 

unless EPA receives adverse comments 

by September 10, 2007. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion and it will 

not take effect and, EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Chemicals, 

Hazardous substances, Hazardous 

waste, Superfund, Water pollution 

control, Water supply. 

Dated: July 23, 2007. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

■ 40 CFR part 300 is amended as 

follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p.351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p.193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended by removing the site 

‘‘Rochester Property, Travelers Rest, 

SC.’’

[FR Doc. E7–15332 Filed 8–8–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 222 

[Docket No. FRA–2007–27285, Notice 

No. 1] 

RIN 2130–AB86 

Use of Locomotive Horns at HighwayRail Grade Crossings; Technical 

Amendments to Appendix D 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule makes 

technical amendments to appendix D of 

part 222 of the Code of Federal 

Regulations to update information 

contained in the appendix and direct 

the public to the most recent value of 

the Nationwide Significant Risk 

Threshold (NSRT). The amendments are 

intended to eliminate confusion 

regarding the data and calculations that 

will be used to determine the NSRT on 

an annual basis. Interested parties may 

submit written adverse comments or 

request an oral hearing on these 

amendments during the thirty (30) day 

period following publication of this 

direct final rule. 

DATES: Effective Date: Unless FRA 

receives written adverse comment or a 

request for an oral hearing on this direct 

final rule, the effective date will be 

October 9, 2007. 

Written Comments: Comments or a 

request for an oral hearing must be 

received by September 10, 2007. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

FRA–2007–27285 by any of the 

following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Room W12–140 on 

the West Building Ground Floor, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

name and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading later in this 

document for more information. 

Docket: For access to the docket to 

read comments received, go to http:// 

dms.dot.gov at any time or go to Room 

W12–140 on the West Building Ground 

Floor, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Ries, Office of Safety, Mail Stop 

25, FRA, 1120 Vermont Avenue, NW., 

Washington, DC 20590 (telephone: (202) 

493–6299); or Kathryn Shelton, Office of 

Chief Counsel, Mail Stop 10, FRA, 1120 

Vermont Avenue, NW., Washington, DC 

20590 (telephone: (202) 493–6038). 

SUPPLEMENTARY INFORMATION: 

Background 

Appendix D of part 222 of title 49 of 

the Code of Federal Regulations was 

included in the interim final rule (68 FR 

70586) in order to provide additional 

information about the calculations 

underlying various risk calculations 

discussed within the part. Even though 

a minor modification was made to 

appendix D when the final rule was 

issued (70 FR 21844, April 27, 2005), 

the appendix was not revised to reflect 

necessary variations in the data that 

would be used in future risk index 

calculations. 

Changes to Appendix D 

FRA has determined that appendix D 

needs to be revised in order to eliminate 

confusion about the data that will be 

used in certain risk index calculations. 

As currently written, portions of 

appendix D contain specific numbers 

and dates that are required to be revised 

on an annual basis, in order to properly 

calculate the NSRT. For example, in 

paragraph (e) under the section titled 

‘‘Risk Index’’, a specific value is listed 

for the total number of collisions 

identified over a five-year period. 

However, each year that the NSRT is 

recalculated, this number and the date 

range will need to change. Otherwise, 

the NSRT value will not accurately 

reflect current risk levels at gated 

crossings nationwide where train horns 

are routinely sounded. Therefore, FRA 

is revising appendix D by removing 

references to specific numbers and dates 

that will change from year to year and 

simply leaving the relevant formulas. 

(Actual numbers will be provided in 

annual Federal Register notices 

announcing FRA’s recalculation of the 

NSRT value.) FRA believes these 

technical amendments will avoid any 

misunderstanding or confusion over 

how the NSRT is calculated. 

Notice and Comment Procedures 

FRA has determined that these 

technical amendments to appendix D 

are nonsubstantive clarifications that 

will make the appendix more accurate, 

without changing the actual risk index 

calculations that were contained in the 

final rule. While FRA does not 

anticipate any adverse comment, 

interested parties may submit written 

adverse comments or request an oral 

hearing on these amendments during 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 44791 

the thirty (30) day period immediately 

following publication of this direct final 

rule. 

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 

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. 

FRA certifies that this direct 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 not be significant. 

Paperwork Reduction Act 

There are no new information 

collection requirements associated with 

this direct 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 

[$120,800,000 or more (as adjusted 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. The direct final 

rule will not result in the expenditure, 

in the aggregate, of $120,800,000 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 direct final rule in 

accordance with Executive Order 13211. 

FRA has determined that this direct 

final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Consequently, FRA has determined that 

this regulatory action is not a 

‘‘significant energy action’’ within the 

meaning of Executive Order 13211. 

Privacy Act 

Anyone is able to search the 

electronic form of all 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://dms.dot.gov. 

List of Subjects in 49 CFR Part 222 

Use of locomotive horns, Railroad 

safety. 

The Rule 

■ In consideration of the foregoing, FRA 

amends part 222 of chapter II, subtitle 

B of title 49, Code of Federal 

Regulations, as follows: 


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44792 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 

1The data used to make these exclusions is 

contained in blocks 18—Position of Car Unit in 

Train; 19—Circumstance: Rail Equipment Struck/ 

Struck by Highway User; 28—Number of 

Locomotive Units; and 29—Number of Cars on the 

current FRA Form 6180–57 Highway-Rail Grade 

Crossing Accident/Incident Report. 

PART 222—[AMENDED] 

■ 1. The authority citation for part 222 

continues to read as follows: 

Authority: 28 U.S.C. 2461, note; 49 U.S.C. 

20103, 20107, 20153, 21301, 21304; 49 CFR 

1.49. 

■ 2. Appendix D to Part 222 is amended 

by revising paragraphs (b) through (e) in 

the section titled ‘‘RISK INDEX’’ to read 

as follows: 

Appendix D to Part 222—Determining 

Risk Levels 

* * * * * 

Risk Index 

* * * * * 

(b) The average number of fatalities 

observed in fatal collisions and the average 

number of injuries in collisions involving 

injuries are calculated by FRA as described 

in paragraphs (c) through (e). 

(c) FRA will match the highway-rail 

incident files for the past five years against 

a data file containing the list of grade 

crossings where the train horn was not 

routinely sounded over that five-year period 

to identify two types of collisions involving 

trains and motor vehicles: (1) Those that 

occurred at crossings where the train horn 

was not routinely sounded during the period, 

and (2) those that occurred at crossings 

equipped with automatic gates where the 

train horn was routinely sounded. Certain 

records will be excluded, including records 

pertaining to incidents where the driver was 

not in the motor vehicle or where the motor 

vehicle struck the train beyond the fourth 

locomotive or rail car that entered the 

crossing. FRA believes that sounding the 

train horn would not be very effective at 

preventing such incidents.1

(d) Collisions in the group containing the 

gated crossings nationwide where horns were 

routinely sounded will then be identified as 

fatal, injury only or no casualty. Collisions 

will be identified as fatal if one or more 

deaths occurred, regardless of whether 

injuries were also sustained. Collisions will 

be identified as injury only when injuries, 

but no fatalities, resulted. 

(e) The collisions (incidents) will be 

summarized by year for the five-year period 

preceding the year in which the risk index 

is being updated. The fatality rate for each 

year will be calculated by dividing the 

number of fatalities by the number of fatal 

incidents. The injury rate will be calculated 

by dividing the number of injuries in injury 

only incidents by the number of injury only 

incidents. FRA will publish updated fatality 

and injury rates on an annual basis in the 

Federal Register. 

* * * * * 

■ 3. Appendix D to Part 222 is amended 

by revising the section titled, 

‘‘Nationwide Significant Risk 

Threshold’’ to read as follows: 

Appendix D to Part 222—Determining 

Risk Levels 

* * * * * 

Nationwide Significant Risk Threshold 

The Nationwide Significant Risk Threshold 

is simply an average of the risk indexes for 

all of the gated public crossings nationwide 

where train horns are routinely sounded. 

This value will be recalculated annually and 

published in a notice in the Federal Register. 

For the most recent value of the Nationwide 

Significant Risk Threshold, please visit 

FRA’s public Web site at http:// 

www.fra.dot.gov. 

* * * * * 

■ 4. Appendix D to Part 222 is amended 

by revising the section titled, ‘‘Crossing 

Corridor Risk Index’’ to read as follows: 

Appendix D to Part 222—Determining 

Risk Levels 

* * * * * 

Crossing Corridor Risk Index 

The Crossing Corridor Risk Index is the 

average of the risk indexes of all the public 

crossings in a defined rail corridor. 

* * * * * 

Issued in Washington, DC on August 2, 

2007. 

Clifford C. Eby, 

Federal Railroad Deputy Administrator. 

[FR Doc. 07–3871 Filed 8–8–07; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 390 

Regulatory Guidance for Recording of 

Commercial Motor Vehicle Accidents 

Involving Fires; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Regulatory Guidance; 

correction. 

SUMMARY: The FMCSA published in the 

Federal Register on July 24, 2007, a 

document announcing regulatory 

guidance concerning its definition of 

‘‘accident.’’ This notice corrects that 

document by providing the correct 

telephone number for the agency 

contact. 

DATES: The regulatory guidance was 

effective on July 24, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah M. Freund, Vehicle and 

Roadside Operations Division, Office of 

Bus and Truck Standards and 

Operations, (202) 366–4325, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: The 

FMCSA published on July 24, 2007 (72 

FR 40250), a document announcing 

regulatory guidance concerning its 

definition of ‘‘accident.’’ In that 

document, FMCSA provided an 

incorrect telephone number for the 

agency contact person under the 

heading FOR FURTHER INFORMATION

CONTACT. The correct telephone number 

should read (202) 366–4325. 

Issued on: August 3, 2007. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E7–15599 Filed 8–8–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XB89 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Trawl Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using trawl gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2007 

total allowable catch (TAC) of Pacific 

cod specified for trawl catcher 

processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 6, 2007, through 

1200 hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 


jlentini on PROD1PC65 with RULES