66346 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: October 22, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 01–31489 Filed 12–21–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2848; MM Docket No. 01–168; RM–

10187]

Radio Broadcasting Services;

Mendocino, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a Notice of

Proposed Rule Making, 66 FR 41489

(August 8, 2001), this document adds

Channel 266A to Mendocino, California,

and removes channel 224A from

Mendocino, California. This action

enables Station KMFB(FM) to operate

with maximum facilities as a Class A

FM station, utilizing its current site for

that station. The coordinates for

Channel 266A at Mendocino are 39–20–

33 North Latitude and 123–46–51 West

Longitude.

DATES: Effective January 22, 2002.

FOR FURTHER INFORMATION CONTACT: R.

Barthen Gorman, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–168,

adopted November 28, 2001, and

released December 7, 2001. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Information Center at Portals

II, CY–A257, 445 12th Street, SW.,

Washington, DC. This document may

also be purchased from the

Commission’s duplicating contractors,

Qualex International, Portals II, 445

12th Street, SW., Room CY–B402,

Washington, DC, 20554, telephone 202–

863–2893, facsimile 202–863-2898, or

via e-mail qualexint@aol.com.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

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

Allotments under California, is

amended by removing Channel 224A

and adding Channel 266A at

Mendocino, California.

Federal Communications Commission

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–31562 Filed 12–21–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA–1998–4898, Notice No. 4]

RIN 2130–AB30

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents—

Calendar Year 2002

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule establishes at

$6,700 the monetary threshold for

reporting railroad accidents/incidents

involving railroad property damage that

occur during calendar year 2002. The

monetary threshold of $6,700 for

calendar year 2002 represents an $100

increase over last year’s monetary

threshold of $6,600. 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.

EFFECTIVE DATE: January 1, 2002.

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.,

NW., Washington, DC 20590 (telephone

202–493–6280); or Nancy L. Friedman,

Trial Attorney, Office of Chief Counsel,

RCC–12, Mail Stop 10, FRA, 1120

Vermont Ave., NW., Washington, DC

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 four 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 increased 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 2001, should

increase by $100 to $6,700 for the same

rail equipment accidents/incidents that

occur during calendar year 2002,

effective January 1, 2002.

Accordingly, §§ 225.5 and 225.19 and

appendix B have been amended to state

the reporting threshold for calendar year

2002 and the most recent cost figures

and the calculations made to determine

that threshold.

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

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66347

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 (Public Law 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

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

(Public Law 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.

Energy Impact

Executive Order 13211 requires

Federal agencies to prepare a Statement

66348 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

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) (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 in accordance

with Executive Order 13211. FRA has

determined that this final rule will not

have a significant adverse effect on the

supply, distribution, or use of energy

and the Administrator of the Office of

Information and Regulatory Affairs has

not designated it as a significant energy

action.

List of Subjects in 49 CFR Part 225

Investigations, Penalties, Railroad

safety, Reporting and recordkeeping

requirements.

The Final Rule

In consideration of the foregoing, FRA

amends part 225, title 49, Code of

Federal Regulations as follows:

PART 225—RAILROAD ACCIDENTS/

INCIDENTS: REPORTS

CLASSIFICATION, AND

INVESTIGATIONS

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.

2. By amending § 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) 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, $6,600

for calendar years 1998 through 2001,

and $6,700 for calendar year 2002) 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, $6,600 for calendar

years 1998 through 2001, and $6,700 for

calendar year 2002. The procedure for

determining the reporting threshold for

calendar year 1997 and later appears as

appendix B to part 225.

3. 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 05 05

100 . ( ) . Wn Wp ( )Wp

En Ep

Where:

Prior Threshold = $6,600 (for rail equipment

accidents/incidents that occur during

calendar year 2001);

Wn = New average hourly wage rate ($) =

18.188333;

Wp = Prior average hourly wage rate ($) =

17.763333;

En = New equipment average PPI value ($)

=135.733333;

Ep = Prior equipment average PPI value ($)

= 135.633333.

9. The result of these calculations is

$6,682.254777. Since the result is rounded to

the nearest $100, the new reporting threshold

for rail equipment accidents/incidents that

occur during calendar year 2002 is $6,700,

which represents an $100 increase from the

monetary threshold for calendar years 1998

through 2001.

Issued in Washington, DC on December 17,

2001.

Allan Rutter,

Administrator, Federal Railroad

Administration.

[FR Doc. 01–31521 Filed 12–21–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 011109274–1301–02; I.D.

102501B]

RIN 0648–AP06

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries; 2002

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule, final 2002

specifications, and preliminary

commercial quota adjustment;

notification of 2002 commercial summer

flounder quota harvest for the States of

Maine and Delaware.

SUMMARY: NMFS issues final

specifications for the 2002 summer

flounder, scup, and black sea bass

fisheries and makes preliminary

adjustments to the 2002 commercial

quotas for these fisheries. This final rule

specifies allowed harvest limits for both

commercial and recreational fisheries,

as well as other commercial

management measures, including scup

and black sea bass possession limits and

gear modifications. This action also

prohibits federally permitted

commercial vessels from landing

summer flounder in the States of

Delaware and Maine in 2002.

Regulations governing the summer

flounder fishery require publication of

this notification to advise these states,

Federal vessel permit holders and

Federal dealer permit holders that no

commercial quota is available for

landing summer flounder in Delaware

and Maine in 2002. The intent of this

action is to comply with implementing

regulations for the Fishery Management

Plan for the Summer Flounder, Scup,

and Black Sea Bass Fisheries (FMP),

which require NMFS to publish

measures for the upcoming fishing year

that will prevent overfishing of these

fisheries.

DATES: The 2002 final specifications are

effective from January 1, 2002, through

December 31, 2002. The prohibition on