Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Rules and Regulations 77397 

1Although FRA is maintaining the reporting 

threshold at the 2014 level, for reference the 

specific inputs to the equation set forth in 

Appendix B of Part 225 (i.e., Tnew = Tprior * [1 

+ 0.4(Wnew¥Wprior)/Wprior + 0.6(Enew ¥ 

Eprior)/100]) are: 

Tprior = $10,500; Wnew = $29.64700; Wprior = 

$26.93344; Enew = 196.56667; Eprior = 197.23333. 

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 Producer Price 

Index (PPI) value; Eprior = Prior equipment average 

PPI value. Using the above figures, the calculated 

new threshold, (Tnew) is $10,881.15, which would 

be rounded to the nearest $100 for a potential final 

new reporting threshold of $10,900. 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 225 

[FRA–2008–0136, Notice No. 7] 

RIN 2130–ZA12 

Monetary Threshold for Reporting Rail 

Equipment Accidents/Incidents for 

Calendar Year 2015 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule maintains the rail 

equipment accident/incident monetary 

reporting threshold at $10,500 for 

railroad accidents/incidents involving 

property damage that occur during 

calendar year (CY) 2015 that FRA’s 

accident/incident reporting regulations 

require to be reported to the agency. 

FRA is maintaining the reporting 

threshold at the CY 2014 level because, 

in part, wage data for the second-quarter 

of 2014, (the data used to calculate the 

threshold) was abnormally high due to 

retroactive payment of wage increases 

resulting from labor contract agreements 

affecting several railroads. FRA believes 

that the data does not accurately reflect 

the changes in labor costs for the 

second-quarter of 2014 and leads to an 

overinflated threshold calculation for 

CY 2015. In addition, FRA is 

maintaining the monetary threshold for 

CY 2015 at the CY 2014 level while it 

reexamines the method for calculating 

the monetary threshold it last updated 

in 2005. 

DATES: This final rule is effective 

January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Kebo Chen, 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– 

314, 1200 New Jersey Ave. SE., 

Washington, DC 20590 (telephone 202– 

493–6079); or Sara Mahmoud-Davis, 

Trial Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, Office of Chief Counsel, 

RCC–10, Mail Stop 10, West Building 

3rd Floor, Room W33–435, 1200 New 

Jersey Ave. SE., Washington, DC 20590 

(telephone 202–366–1118). 

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), (c) and 225.21(a). Paragraphs 

(c) and (e) of 49 CFR 225.19 further 

provide that FRA will adjust the dollar 

figure that constitutes the reporting 

threshold for rail equipment accidents/ 

incidents, if necessary, every year under 

the procedures outlined in appendix B 

to part 225 (Appendix B) to reflect any 

cost increases or decreases. 

In this rule, FRA is keeping the 

monetary threshold for CY 2015, at 

$10,500, the same as the monetary 

threshold for CY 2014. FRA is 

maintaining the reporting threshold at 

the CY 2014 level, because, in part, 

wage data for the second-quarter of 2014 

(the data used to calculate the 

threshold) was abnormally high due to 

large, lump sum retroactive payments of 

wage increases resulting from labor 

contract agreements affecting several 

railroads. FRA believes the data does 

not accurately reflect the changes in 

labor costs for CY 2014. 

In addition to periodically reviewing 

and adjusting the annual threshold 

under Appendix B, FRA periodically 

amends its method for calculating the 

threshold. In 49 U.S.C. 20901(b) 

Congress requires that we base the 

threshold on publicly available 

information obtained from the Bureau of 

Labor Statistics (BLS), other objective 

government source, or be subject to 

notice and comment. In 1996 FRA 

adopted a new method for calculating 

the monetary reporting threshold for 

accidents/incidents. See 61 FR 60632, 

Nov. 29, 1996. In 2005, FRA again 

amended its method for calculating the 

reporting threshold because the BLS 

ceased collecting and publishing the 

railroad wage data used by FRA in the 

threshold calculation. Consequently, 

FRA substituted railroad employee wage 

data the Surface Transportation Board 

collected for the BLS data that was no 

longer collected (70 FR 75414, Dec. 20, 

2005). In 2015, FRA intends to evaluate 

and amend, if appropriate, its method 

for calculating the monetary threshold 

for accident/incident reporting and, as a 

result, the formula utilized to calculate 

the threshold may change. FRA intends 

to reexamine its method for calculating 

the reporting threshold because, since 

2005, new data sources and 

methodologies for calculating the 

threshold have become available and 

updating the formula to include these 

advances will ensure it appropriately 

reflects changes in equipment and labor 

costs. 

Maintaining Current Reporting 

Threshold 

Approximately one year has passed 

since FRA revised the rail equipment 

accident/incident reporting threshold 

(78 FR 77601, Dec. 24, 2013). 

Consequently, FRA reviewed the 

threshold, as 49 CFR 225.19(c) requires 

and found that costs for labor increased 

but costs for equipment decreased 

relative to one year ago. However, for 

the reasons explained above related to 

the wage data used to calculate the 

threshold, FRA has determined it will 

continue to use the current reporting 

threshold of $10,500, which applied to 

rail equipment accidents/incidents that 

occurred in calendar year 2014, to rail 

equipment accidents/incidents that 

occur in calendar year 2015.1

Notice and Comment Procedures 

In this rule, FRA is maintaining the 

current monetary reporting threshold for 

the reasons explained above, and, under 

the final rule published December 20, 

2005, 70 FR 75414. FRA has found this 

rule imposes no additional burden on 

any person, but rather is intended to 

provide 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 a final rule. 

As appropriate, FRA regularly 

recalculates the monetary reporting 

threshold using the formula published 

in Appendix B near the end of each 

calendar year. 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 no later than 

mstockstill on DSK4VPTVN1PROD with RULES

77398 Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Rules and Regulations 

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 to calculate the 

reporting threshold and to compile data 

that accurately reflects rising wages and 

equipment costs. As such, FRA finds 

that it has good cause to make this final 

rule effective January 1, 2015. 

Regulatory Impact 

Executive Orders 12866 and 13563 and 

DOT Regulatory Policies and Procedures 

FRA evaluated this rule under 

existing policies and procedures, and 

determined it to be non-significant 

under both Executive Orders 12866 and 

13563 in addition to 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 statement 

that formally establishes ‘‘small 

entities’’ are 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 considers about 730 of the 

approximately 775 railroads in the 

United States small entities. FRA 

certifies 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 

1,912 rail equipment accidents/

incidents were reported in 2009, with 

small railroads reporting 328 of them. 

Data for 2010 show that 1,903 rail 

equipment accidents/incidents were 

reported, with small railroads reporting 

303 of them. In 2011, 2,022 rail 

equipment accidents/incidents were 

reported, and small railroads reported 

307 of them. In 2012, 1,760 rail 

equipment accidents/incidents were 

reported, with small railroads reporting 

292 of them. In 2013, 1,818 rail 

equipment accidents/incidents were 

reported, with small railroads reporting 

302 of them. On average over those five 

calendar years, small railroads reported 

about 16% of the total number of rail 

equipment accidents/incidents, ranging 

from 15% to 17% annually. FRA notes 

that this data is accurate as of the date 

of issuance of this final rule, and are 

subject to minor changes due to 

additional reporting. 

This rulemaking maintains the 

monetary reporting threshold at the CY 

2014 level of $10,500. Increasing the 

reporting threshold would have 

potentially slightly decreased the 

reporting burden for railroads in 2015. 

In any case, railroads still maintain 

records of accountable accidents/

incidents that are below the reporting 

threshold, thus minimizing any 

potential additional burden to report 

these accidents to FRA caused by 

keeping the threshold the same in CY 

2015. Railroads would potentially incur 

a small reporting burden, but not the 

burden to gather this accident/incident 

information. Also, although wage rates 

have increased atypically, equipment 

costs have decreased during CY 2014 

compared to the same time period in CY 

2013, according to the average Producer 

Price Index Series WPU144 for group 

transportation equipment and item 

railroad equipment the Bureau of Labor 

Statistics published for April, May, and 

June 2014. Therefore, the overall effect 

of this rule likely will be neutral or 

minimal in effect. Any change in 

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, FRA is not 

required to provide an estimate of a 

public reporting burden. 

Federalism Implications 

Executive Order 13132, entitled, 

‘‘Federalism,’’ signed 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.’’ 

FRA has analyzed this rulemaking 

action under 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 this rule will not 

have sufficient federalism implications 

to warrant consultation with State and 

local officials or the preparation of a 

federalism assessment. Therefore, FRA 

has not prepared a federalism 

assessment. 

Environmental Impact 

FRA has evaluated this regulation 

under its ‘‘Procedures for Considering 

Environmental Impacts’’ (FRA’s 

Procedures) (64 FR 28545, May 26, 

1999) as the National Environmental 

Policy Act (42 U.S.C. 4321 et seq.) 

requires, other environmental statutes, 

Executive Orders, and related regulatory 

requirements. FRA has determined 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 under section 

4(c)(20) of FRA’s Procedures. 64 FR 

28545, 28547, May 26, 1999. Under 

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 

Under 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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Rules and Regulations 77399 

2See U.S. Department of Transportation guidance 

at, ‘‘Reform Act of 1995,’’ February 24, 2014 

(update), http://www.dot.gov/office-policy/

transportation-policy/threshold-significantregulatory-actions-under-unfunded-mandates. 

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. When adjusted for inflation 

using the Consumer Price Index for All 

Urban Consumers as the Bureau of 

Labor Statistics published, the 

equivalent value of $100,000,000 in year 

2012 dollars is $151,000,000.2 The final 

rule will not result in the expenditure, 

in the aggregate, of $151,000,000 or 

more in any one year, and thus 

preparation of such a statement is not 

required. 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 ‘‘[a]ny 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: (1)(i) That 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 under 

Executive Order 13211. FRA has 

determined that this 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 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its rulemaking process. DOT 

posts these comments, without edit, 

including any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

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 

is revised 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 1.89. 

■ 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, $9,400 for calendar year 2011, 

$9,500 for calendar year 2012, $9,900 

for calendar year 2013, $10,500 for 

calendar year 2014, and $10,500 for 

calendar year 2015) 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, $9,400 for calendar year 2011, 

$9,500 for calendar year 2012, $9,900 

for calendar year 2013, $10,500 for 

calendar year 2014, and $10,500 for 

calendar year 2015. 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 

18, 2014. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2014–30113 Filed 12–23–14; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 600 and 648 

[Docket No. 130402316–4999–02] 

RIN 0648–BD02 

Vessel Monitoring Systems; 

Requirements for Enhanced Mobile 

Transceiver Unit and Mobile 

Communication Service Type-Approval 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS publishes this final 

rule implementing regulations to codify 

type-approval standards, requirements, 

procedures, and responsibilities 

applicable to commercial Enhanced 

Mobile Transceiver Unit (EMTU) 

vendors and mobile communications 

service (MCS) providers seeking to 

obtain and maintain type-approval by 

NMFS for EMTU/MTU or MCS, 

collectively referred to as vessel 

monitoring systems (VMS), products 

and services. This rule is necessary to 

specify NMFS procedures for EMTU/

MTU and MCS type-approval, typeapproval renewal, and revocation; revise 

latency standards; and ensure 

compliance with type-approval 

standards. 

DATES: This final rule is effective 

January 23, 2015. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review, Final 

Regulatory Flexibility Analysis (FRFA), 

and other related documents are 

available by contacting the individuals 

listed below in the FOR FURTHER

INFORMATION CONTACT section. Other 

documents relevant to this rule are 

available from the Office of Law 

Enforcement Web site at http://

www.nmfs.noaa.gov/ole/about/

programs.html. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Spalding, Vessel Monitoring 

mstockstill on DSK4VPTVN1PROD with RULES