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
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 44793 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2007 TAC of Pacific cod specified 

for catcher processor vessels using trawl 

gear in the BSAI is 37,110 metric tons 

(mt) as established by the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007). See § 679.20(c)(3)(iii), 

§ 679.20(c)(5), and § 679.20(a)(7)(i)(B). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

Pacific cod TAC specified for catcher 

processor vessels using trawl gear in the 

BSAI will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 32,310 mt, and is setting 

aside the remaining 4,800 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 3, 2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 6, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3889 Filed 8–6–07; 12:59 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XB88 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Rock Sole, Flathead 

Sole, and ‘‘Other Flatfish’’ by Vessels 

Using Trawl Gear in 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 closing directed 

fishing for rock sole, flathead sole, and 

‘‘other flatfish’’ by vessels using trawl 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the third seasonal allowance of the 2007 

halibut bycatch allowance specified for 

the trawl rock sole, flathead sole, and 

‘‘other flatfish’’ fishery category 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 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 Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The third seasonal allowance of the 

2007 halibut bycatch allowance 

specified for the trawl rock sole, 

flathead sole, and ‘‘other flatfish’’

fishery category in the BSAI is 167 

metric tons as established by the 2007 

and 2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007). 

In accordance with § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the third 

seasonal allowance of the 2007 halibut 

bycatch allowance specified for the 

trawl rock sole, flathead sole, and ‘‘other 

flatfish’’ fishery category in the BSAI 

has been reached. Consequently, NMFS 

is closing directed fishing for rock sole, 

flathead sole, and ‘‘other flatfish’’ by 

vessels using trawl gear in the BSAI. 

‘‘Other flatfish’’ includes Alaska 

plaice, as well as all other flatfish 

species except for Pacific halibut (a 

prohibited species), Greenland turbot, 

rock sole, yellowfin sole, flathead sole, 

and arrowtooth flounder. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

rock sole, flathead sole, and ‘‘other 

flatfish’’ by vessels using trawl gear in 

the BSAI. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of August 3, 2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 6, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3894 Filed 8–8–07; 2:03 pm] 

BILLING CODE 3510–22–S 


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