69884 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

Dated: September 29, 2000.

Myron Knudson,

Acting Regional Administrator, U.S. EPA

Region 6.

For the reasons set out in the

preamble, 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 ‘‘Tenth

Street Dump/Junkyard, Oklahoma City,

Oklahoma.’’

[FR Doc. 00–29508 Filed 11–20–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA–98–4898, Notice No. 3]

RIN 2130–AB30

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents—

Calendar Year 2001

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule establishes at

$6,600 the monetary threshold for

reporting railroad accidents/incidents

involving railroad property damage that

occur during calendar year 2001. There

is no change from the reporting

threshold for calendar year 2000. This

action is needed to ensure and maintain

comparability between different years of

data by having the threshold keep pace

with any 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 reviewed in 1999.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, RRS–22, Mail

Stop 17, Office of Safety Assurance and

Compliance, FRA, 1120 Vermont Ave.,

N.W., Washington, D.C. 20590

(telephone 202–493–6280); or Nancy L.

Friedman, Trial Attorney, Office of

Chief Counsel, RCC–12, Mail Stop 10,

FRA, 1120 Vermont Ave., N.W.,

Washington, D.C. 20590 (telephone

202–493–6034).

SUPPLEMENTARY INFORMATION:

Background

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), (c). As revised 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.

61 FR 30942, 30969 (June 18, 1996); 61

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

67477, 67490 (Dec. 23, 1996).

New Reporting Threshold

Approximately one year has passed

since the rail equipment accident/

incident reporting threshold was last

reviewed, and approximately three

years since it was revised. 64 FR 69193

(Dec. 10, 1999); 63 FR 71790 (Dec. 30,

1998); 62 FR 63675 (Dec. 2, 1997).

Consequently, FRA has recalculated the

threshold, as required by § 225.19(c),

based on decreased costs for labor and

increased costs for equipment. FRA has

determined that the current reporting

threshold of $6,600, which applies to

rail equipment accidents/incidents that

occur during calendar year 2000, should

remain the same for rail equipment

accidents/incidents that occur during

calendar year 2001, effective January 1,

2001.

Accordingly, §§ 225.5 and 225.19 and

appendix B have been amended to state

the reporting threshold for calendar year

2001 and the most recent cost figures

and the calculations made to determine

that threshold. Finally, the alcohol and

drug regulations (49 CFR part 219) have

also been amended to reflect that the

reporting threshold for calendar year

2001 is $6,600.

Notice and Comment Procedures

In this rule, FRA has recalculated the

monetary 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 has found 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 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,

FRA has concluded 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 (Feb. 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. Pursuant to

Section 312 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Pub. L. 104–121), FRA has

published an interim policy that

formally establishes ‘‘small entities’’ as

being railroads that meet the linehaulage revenue requirements of a Class

III railroad. 62 FR 43024 (Aug. 11,

1997). For other entities, the same dollar

limit in revenues governs whether a

railroad, contractor, or other respondent

is a small entity. About 645 of the

approximately 700 railroads in the

United States are considered small

businesses 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

because the rule is maintaining, rather

than increasing, their reporting burden.

The American Shortline and Regional

Railroad Association (ASLRRA)

represents the interests of most small

freight railroads and some excursion

railroads operating in the United States.

FRA field offices and the ASLRRA

engage in various outreach activities

with small railroads. For instance, when

new regulations are issued that affect

small railroads, FRA briefs the ASLRRA,

which in turn disseminates the

information to its members and

Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 69885

provides training as appropriate. When

a new railroad is formed, FRA safety

representatives visit the operation and

provide information regarding

applicable safety regulations. The FRA

regularly addresses questions and

concerns regarding regulations raised by

railroads. Because this rule is not

anticipated to affect small railroads,

FRA is not providing alternative

treatment for small railroads under this

rule.

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.

Section 4(c)(20) reads as follows:

(c) Actions Categorically Excluded. Certain

classes of FRA actions have been determined

to be categorically excluded from the

requirements of these Procedures as they do

not individually or cumulatively have a

significant effect on the human environment.

* * * The following classes of FRA actions

are categorically excluded:

***

(20) Promulgation of railroad safety rules

and policy statements that do not result in

significantly increased emissions of air or

water pollutants or noise or increased traffic

congestion in any mode of transportation.

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

$100,000,000 or more (adjusted

annually 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 final rule would not result

in the expenditure, in the aggregate, of

$100,000,000 or more in any one year,

and thus preparation of such a

statement is not required.

List of Subjects

49 CFR Part 219

Alcohol abuse, Drug abuse, Drug

testing, Penalties, Railroad safety,

Reporting and recordkeeping

requirements, Safety, Transportation.

49 CFR Part 225

Investigations, Penalties, Railroad

safety, Reporting and recordkeeping

requirements.

The Final Rule

In consideration of the foregoing, FRA

amends parts 219 and 225, title 49, Code

of Federal Regulations as follows:

PART 219—CONTROL OF ALCOHOL

AND DRUG USE

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.

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 years 1998 through

2001) 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 § 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 years 1998 through 2001 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, $6,600 for calendar years

1998 through 2001), including an

accident involving a switching

movement.

* * * * *

69886 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

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, $6,600

for calendar years 1998 through 2001)

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 years

1998 through 2001) 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 years 1998 through

2001) involving a passenger train.

* * * * *

PART 225—RAILROAD ACCIDENTS/

INCIDENTS: REPORTS

CLASSIFICATION, AND

INVESTIGATIONS [AMENDED]

1. The authority citation for part 225

is revised to read as follows:

Authority: 49 U.S.C. 20103, 20107, 20901,

20902, 21302, 21311; 49 U.S.C. 103; 49 CFR

1.49.

2. By amending § 225.19 by revising

the first sentence of paragraph (c) and

paragraph (e) to read as follows:

§ 225.19 Primary groups of accidents/

incidents.

* * * * *

(c) 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., $6,300

for calendar years 1991 through 1996,

$6,500 for calendar year 1997, and

$6,600 for calendar years 1998 through

2001) 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 $6,300

for calendar years 1991 through 1996.

The reporting threshold is $6,500 for

calendar year 1997 and $6,600 for

calendar years 1998 through 2001. The

procedure for determining the reporting

threshold for calendar year 1997 and

later appears as appendix B to part 225.

* * * * *

4. Part 225 is amended by revising

paragraphs 8 and 9 of appendix B to

read as follows:

Appendix B to Part 225—Procedure for

Determining Reporting Threshold

* * * * *

8. Formula:

New Threshold = Prior Threshold 1 + 0.5

Wn En

× ( ) − +

 ( ) − 









Wp

Wp

Ep 0 5

100 .

Where:

Prior Threshold = $6,600 (for rail equipment

accidents/incidents that occur during

calendar year 2000)

Wn = New average hourly wage rate ($) =

17.763333

Wp = Prior average hourly wage rate ($) =

17.888333

En = New equipment average PPI value ($)

= 135.63333

Ep = Prior equipment average PPI value ($)

= 134.89166

9. The result of these calculations is

$6,601.4157. Since the result is rounded to

the nearest $100, the new reporting threshold

for rail equipment accidents/incidents that

occur during calendar year 2001 is $6,600,

which is the same as for calendar years 1998

through 2000.

Issued in Washington, DC, on November 9,

2000.

Jolene M. Molitoris,

Administrator, Federal Railroad

Administration.

[FR Doc. 00–29574 Filed 11–20–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000119014-0137-02; I.D.

080700C]

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries;

Adjustments to the 2000 Summer

Flounder, Scup and Black Sea Bass

Commercial Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota adjustment

for 2000; correction.

SUMMARY: NMFS corrects the 2000

commercial summer flounder quota

allocated to the State of Maryland. This

action complies with the regulations

that implement the Fishery Management

Plan for the Summer Flounder, Scup,

and Black Sea Bass Fisheries (FMP),

which specify that summer flounder

landings in excess of a given state’s

individual commercial quota be

deducted from that state’s quota for the

following year. The intent of this action

is to correct for the deduction of an

overage from the Maryland allocation

that was made in error.

DATES: Effective November 20, 2000,

through December 31, 2000.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fisheries Policy Analyst, (978)

281-9273, fax 978-281-9135, e-mail

paul.h.jones@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 18, 2000 (65 FR 50463),

NMFS announced preliminary

adjustments to the 2000 summer

flounder commercial quotas based on

updated 1999 landings data. However,

after the publication of that adjustment,

NMFS discovered that some summer

flounder landings reported by the State

of Maryland in 1999 were doublecounted, meaning that the final 1999

landings did not exceed that state’s

quota.

Therefore, this document corrects the

entries for Maryland specified in Table

1, Summer Flounder Preliminary 1999

Landings and Overages by State; and