Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63675

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wyoming, is amended

by adding Chugwater, Channel 258A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–31511 Filed 12–1–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA Docket No. RAR–5, Notice No. 1]

RIN 2130-AB21

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule increases from

$6,500 to $6,600 the monetary threshold

for reporting railroad accidents/

incidents involving railroad property

damage that occur on or after January 1,

1998. This action is needed to ensure

and maintain comparability between

different years of data by having the

threshold keep pace with increases or

decreases 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. The

reporting threshold was last changed in

1996.

EFFECTIVE DATE: January 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, RRS–22, Mail

Stop 25, Office of Safety, FRA, 400

Seventh Street, S.W., Washington, D.C.

20590 (telephone 202–632–3386); or

Nancy L. Goldman, Trial Attorney,

Office of Chief Counsel, RCC–12, Mail

Stop 10, FRA, 400 Seventh Street, S.W.,

Washington, D.C. 20590 (telephone

202–632–3167).

SUPPLEMENTARY INFORMATION:

Background

Rail equipment accidents/incidents

are collisions, derailments, explosions,

fires, acts of God, and other events

(including grade crossing accidents)

involving the operation of standing or

moving on-track equipment that results

in damages higher than the current

reporting threshold to railroad on-track

equipment, signals, track, track

structures, or roadbed, including labor

costs and the costs for acquiring new

equipment and material. 49 CFR 225.19

(b), (c). Each rail equipment accident/

incident must be reported to FRA using

the Rail Equipment Accident/Incident

Report (Form FRA F 6180.54). Id.

As revised in 1996, paragraphs (c) and

(e) of § 225.19 of title 49, Code of

Federal Regulations, provide that the

dollar figure that constitutes the

reporting threshold for rail equipment

accidents/incidents will be adjusted

every year in accordance with the

procedures outlined in appendix B to

part 225, to reflect cost increases or

decreases. 61 FR 30942, 30969 (June 18,

1996); 61 FR 60632, 60634 (Nov. 29,

1996); 61 FR 67477, 67490 (Dec. 23,

1996).

New Reporting Threshold

One year has passed since the

accident/incident reporting threshold

was last revised. 61 FR 60632 (Nov. 29,

1996). Consequently, FRA has

recalculated the threshold, as required

by § 225.19(c), based on increased costs

for labor and decreased costs for

material. FRA has determined that the

current reporting threshold of $6,500,

which applies to rail equipment

accidents/incidents that occur during

calendar year 1997, should be increased

to $6,600, effective January 1, 1998, and

§§ 225.5 and 225.19 are being amended

accordingly. Appendix B has also been

amended to reflect the most recent cost

figures and the calculations made to

determine the new threshold for

calendar year 1998. Finally, the alcohol

and drug regulations (49 CFR part 219)

are amended throughout to reflect that

the reporting threshold for calendar year

1998 is $6,600.

Notice and Comment Procedures

In this rule, FRA merely adjusts the

reporting threshold based on the

formula adopted, after notice and

comment, in the final rule published

June 18, 1996, 61 FR 30959, 30969, and

discussed in detail in the final rule

published November 29, 1996, 61 FR

30632. FRA further finds that both the

current cost data inserted into this preexisting formula and the original cost

data that they replace were obtained

from reliable Federal government

sources. FRA further finds 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,

FRA concludes that notice and

comment procedures are impracticable,

unnecessary, and contrary to the public

interest. As a consequence, FRA is

proceeding directly to this final rule.

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

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 as follows:

PART 219—[AMENDED]

1. The authority citation for part 219

continues to read as follows:

Authority: 49 U.S.C. 20103, 20107, 20111,

20112, 20113, 20140, 21301, 21304; and 49

CFR 1.49(m).
63676 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

2. By amending § 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:

§ 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,

$6,500 for calendar year 1997, and

$6,600 for calendar year 1998)

consisting of a head-on collision, a rearend 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 § 225.19(e) of this

chapter, as adjusted from time to time

in accordance with appendix B to part

225 of this chapter. The reporting

threshold for calendar years 1991

through 1996 is $6,300. The reporting

threshold for calendar year 1997 is

$6,500. The reporting threshold for

calendar year 1998 is $6,600.

* * * * *

Train accident means a passenger,

freight, or work train accident described

in § 225.19(c) of this chapter (a ‘‘rail

equipment accident’’ involving damage

in excess of the current reporting

threshold, $6,300 for calendar years

1991 through 1996, $6,500 for calendar

year 1997, and $6,600 for calendar year

1998), including an accident involving a

switching movement.

* * * * *

3. By amending § 219.201 by revising

the introductory text of paragraphs (a)(1)

and (a)(2), and by revising paragraph

(a)(4) to read as follows:

§ 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,

$6,500 for calendar year 1997, and

$6,600 for calendar year 1998) 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

§ 219.5 of this part that involves damage

in excess of the current reporting

threshold, $6,300 for calendar years

1991 through 1996, $6,500 for calendar

year 1997, and $6,600 for calendar year

1998) 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,

$6,500 for calendar year 1997, and

$6,600 for calendar year 1998) 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 amending § 225.19(c) by

removing the phrase ‘‘and $6,500 for

calendar year 1997)’’ and by adding in

its place ‘‘, $6,500 for calendar year

1997, and $6,600 for calendar year

1998)’’.

3. By revising § 225.19(e) to read as

follows:

§ 225.19 Primary groups of accidents/

incidents.

* * * * *

(e) The reporting threshold is $6,300

for calendar years 1991 through 1996.

The reporting threshold is $6,500 for

calendar year 1997; this threshold dollar

amount will remain in effect until

December 31, 1997. For calendar year

1998 the reporting threshold is $6,600.

The procedure for determining the

reporting threshold for calendar year

1998 appears as appendix B to part 225.

4. Part 225 is amended by revising

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:

New Threshold = Prior Threshold × + − +

 − 









1 0 5 0 5

100 . ( ) . Wn Wp ( )Wp

En Ep

Where:

Prior Threshold = $6,500 (for rail equipment

accidents/incidents that occur during

calendar year 1997)

Wn = New average hourly wage rate ($) =

17.990833

Wp = Prior average hourly wage rate ($) =

17.55500

En = New equipment average PPI value =

135.91666

Ep = Prior equipment average PPI value =

136.76667

9. The result of these calculations is

$6,553. Since the result is rounded to the

nearest $100, the new reporting threshold for

rail equipment accidents/incidents that occur

during calendar year 1998 is $6,600.

Jolene M. Molitoris,

Federal Railroad Administrator.

[FR Doc. 97–31455 Filed 12–1–97; 8:45 am]

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