Railroad Accident Reporting

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA Docket No. RAR-4, Notice No. 15]

RIN 2130-AA58

Railroad Accident Reporting

AGENCY: Federal Railroad Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule increases from $6,300 to $6,500 the monetary

threshold for reporting rail equipment accidents/incidents involving

railroad property damage that occur on or after January 1, 1997. This

action is needed to ensure and maintain comparability between different

years of data by having the threshold keep pace with increase 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, 1997.

FOR FURTHER INFORMATION CONTACT: Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, Office of Safety, FRA, 400 Seventh Street,

SW., Washington, DC 20590 (telephone 202-632-3386); or Nancy L.

Goldman, Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh

Street, SW., Washington, DC 20590 (telephone 202-632-3167).

SUPPLEMENTARY INFORMATION: On June 18 and November 22, 1996, FRA

published in the Federal Register final rules amending the railroad

accident reporting regulations at 49 CFR part 225. The final rules aim

to minimize underreporting and inaccurate reporting of those injuries,

illnesses, and accidents meeting reportability requirements.

Collisions, derailments, explosions, fires, acts of God, and other

events involving the operation of standing or moving on-track equipment

that result in more than $6,300 of reportable damage (the current

reporting threshold) must be reported to FRA using the Rail Equipment

Accident/Incident Report (Form FRA F 6180.54). 49 CFR 225.19 (b) and

(c). The reporting threshold was last changed in 1990. 55 FR 52846.

FRA has periodically adjusted the reporting threshold based on

changes in the prices of railroad labor and materials. The purpose of

these adjustments has been to ensure that

[[Page 60633]]

FRA reporting requirements reflect the impact of inflation.

In 1992 Congress gave FRA some direction for modifying the

procedure for calculating the threshold in 49 U.S.C. 20901(b) (formerly

contained at section 15(a) of the Rail Safety Enforcement and Review

Act (Pub. L. 102-365)):

In establishing or changing a monetary threshold for the

reporting of a railroad accident or incident, * * * damage cost

calculations shall be based only on publicly available information

obtained from (A) the Bureau of Labor Statistics; or (B) another

department, agency or instrumentality of the United States

Government if the information has been collected through objective,

statistically sound survey methods or has been previously subject to

a public notice and comment process in a proceeding of a Government

department, agency, or instrumentality.

Congress allows an exception to this general rule only if the necessary

data are not available from the sources described, and only after

public notice and comment.

Pursuant to this 1992 amendment, FRA proposed a new method for

calculation of the monetary reporting threshold in the accident

reporting Notice of Proposed Rulemaking (NPRM). 59 FR 42880. FRA's

proposal received favorable comments and was adopted in the accident

reporting final rule published June 18, 1996. 61 FR 30959, 30969. In

this notice, FRA merely adjusts the reporting threshold based on the

formula adopted in the final rule. Accordingly, additional notice and

comment would be unnecessary and contrary to the public interest.

Following the direction of Congress, FRA obtained in October 1996

the Producer Price Index (``PPI'') and National Employment Hours and

Earnings figures from the Department of Labor's Bureau of Labor

Statistics (``BLS''). These figures cover the 12-month period ending

with the month of June of this year. The equation used to adjust the

reporting threshold is based on the average hourly earnings reported

for Class I railroads and an overall railroad equipment cost index

determined by the BLS. The two factors are weighted equally.

For the wage component, FRA used LABSTAT Series Report, Standard

Industrial Classification (SIC) code 4011 for Class I Railroad Average

Hourly Earnings. For the equipment component, FRA used LABSTAT Series

Report, Producer Price Index (PPI) Series WPU 144 for Railroad

Equipment. The monthly figures were 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. 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.

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.

Formula:

[GRAPHIC] [TIFF OMITTED] TR29NO96.000

Where:

Prior Threshold = $6,300 (for calendar years 1991-1996)

Wn = New average hourly wage rate ($)

Wp = Prior average hourly wage rate ($)

En = New equipment average PPI value ($)

Ep = Prior equipment average PPI value ($)

Formula using the data obtained from BLS:

New Threshold =

[GRAPHIC] [TIFF OMITTED] TR29NO96.001

Where:

Prior Threshold = $6,300 (for calendar years 1991-1996)

Wn = New average hourly wage rate ($) = 17.55500

Wp = Prior average hourly wage rate ($) = 17.13417

En = New equipment average PPI value ($) = 136.76667

Ep = Prior equipment average PPI value ($) = 131.66667

Since the result of $6,538 is rounded to the nearest $100, the new

threshold is $6,500. 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.

Appendix B is added to part 225 to show the procedure and formula

used by FRA for determining the reporting threshold. Additionally,

Sec. 225.19(e) is amended to reflect that the accident reporting

threshold for calendar year 1997 is $6,500.

The alcohol and drug regulations (49 CFR part 219) are amended

throughout to reflect that the accident reporting threshold for

calendar year 1997 is $6,500. Consistent with 225.19(c), this reporting

threshold will be adjusted annually. 61 FR 30969.

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

[[Page 60634]]

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 to read as follows:

PART 219--[AMENDED]

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(m).

2. By amending Sec. 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:

Sec. 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 and $6,500 for calendar

year 1997) 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 Sec. 225.19(c) of

this chapter, as adjusted from time to time in accordance with appendix

B to part 225 of this chapter. The accident reporting threshold for

calendar years 1991 through 1996 is $6,300. The accident reporting

threshold for calendar year 1997 is $6,500.

* * * * *

Train accident means a passenger, freight, or work train accident

described in Sec. 225.19(c) of this chapter (a ``rail equipment

accident'' involving damage in excess of the current reporting

threshold, $6,300 in calendar years 1991 through 1996 and $6,500 in

calendar year 1997), including an accident involving a switching

movement.

* * * * *

3. By amending Sec. 219.201 by revising the introductory text of

paragraphs (a) (1) and (2), and by revising paragraph (a) (4) to read

as follows:

Sec. 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 and $6,500 for

calendar year 1997) 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 Sec. 219.5 of this part

that involves damage in excess of the current reporting threshold,

$6,300 for calendar years 1991 through 1996 and $6,500 for calendar

year 1997) 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 and $6,500 for calendar year 1997) 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 revising Sec. 225.19(e) to read as follows:

Sec. 225.19 Primary groups of accidents/incidents.

* * * * *

(e) The accident/incident reporting threshold for calendar years

1991 through 1996 is $6,300. This threshold dollar amount will remain

in effect until December 31, 1996.

For calendar year 1997 the accident/incident reporting threshold is

$6,500. The procedure for determining the reporting threshold for

calendar year 1997 appears as Appendix B to this Part 225.

3. Part 225 is amended by adding 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:

[GRAPHIC] [TIFF OMITTED] TR29NO96.002

[[Page 60635]]

Where:

Prior Threshold=$6,300 (for calendar years 1991-1996)

Wn=New average hourly wage rate ($) = 17.55500

Wp=Prior average hourly wage rate ($) = 17.13417

En=New equipment average PPI value ($)= 136.76667

Ep=Prior equipment average PPI value ($) = 131.66667

9. The new threshold is $6,500 and is effective beginning

January 1, 1997.

Issued in Washington, D.C., on November 20, 1996.

Jolene M. Molitoris,

Federal Railroad Administrator.

[FR Doc. 96-30352 Filed 11-27-96; 8:45 am]

BILLING CODE 4910-06-P