When new content on the new site is released, this banner will be updated with the new site link. FRA investigates accidents and incidents as determined by the Accident Analysis Branch or regional management. The proposed rule will impact a small number of rail equipment accidents/incidents that occur near the reporting threshold, resulting in minimal costs. The benefits of the proposed rule will affect users conducting analysis in support of safety programs, as well as other data users. At that time, 3 quarters of wage data and 11 months of equipment PPI data would be available, which is only slightly less than a full calendar year of data. Id. . FRA proposes a minor mathematical correction to the way the percent change in equipment costs is calculated in the reporting threshold formula. These compliance costs represent a very small percentage, less than 0.1 percent, of a small railroad's annual freight revenues. This approach ensures that each year rail equipment accidents/incidents involving the same real amount of damages are included in the rail equipment accidents/incidents count and allows for comparing accident/incident statistics across years. Table 2Comparing Reporting Thresholds Calculated Using Full-Year Data Instead of Only Second-Quarter Data. 300 (Maintenance of Way and Structures) and Group No. documents in the last year, 1436 Both the alternative thresholds and NPRM thresholds are lower than the thresholds calculated by the current formula, which average $9,746. See definitions and requirements for reporting and/or recordkeeping in49 CFR Part 225andFRA's Guidefor Preparing Accident Incident Reports. The President of the United States manages the operations of the Executive branch of Government through Executive orders. B. Accidents resulting from signal failure including Positive Train Control-related failures and malfunctions. [12], For the small railroads, FRA conducted a similar analysis for all railroads above and reviewed the rail equipment accidents/incidents near the threshold. At the end of 2023, FRA is releasing a new safety data site. Also, FRA proposes to use 12 months of data in the reporting threshold calculation, instead of the current practice of using only 3 months of data. informational resource until the Administrative Committee of the Federal For equipment costs, the corresponding BLS railroad equipment indices for the same time period as the STB wage data are obtained. [13] FRA uses second-quarter data reported for the Maintenance of Way and Structures Group (Group No. See 49 CFR part 209, app. Occupational hearing loss means a diagnosis of occupational hearing loss by a physician or other licensed health care professional, where the employee's audiogram reveals a work-related Standard Threshold Shift (STS) (i.e., at least a 10-decibel change in hearing threshold, relative to the baseline audiogram for that employee) in hearing in one or both ears, and the employee's total hearing level is 25 decibels or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS. The average straight time wage rate of $41.15 is burdened for overhead expenses by 75 percent to produce an hourly rate of $72.01 per hour. To account for the costs of a lower reporting threshold resulting from the proposed changes, FRA would need to estimate the number of extra rail equipment accidents/incidents that railroads would report. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. Short Line and Regional Railroad Facts and Figures. on NARA's archives.gov. The industry trade organization representing small railroads, the American Short Line and Regional Railroad Association (ASLRRA), reports the average freight revenue per Class III railroad is $4.8 million. 3. In the current formula, the wage component represents STB wage data as a fractional change relative to the previous-year wage, and follows a standard percentage change formulation, The equipment component, on the other hand, is presented as the change in the PPI relative to 100, which was the value of the PPI in the base year of 1982. Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). The rates for the other years between 2015 to 2018 were calculated similarly and are slightly lower, ranging between 0.5 to 1.1, or an overall average rate of about 1 more rail equipment accident/incident for every $100 change in the reporting threshold. FRA's analysis showed weighting the wage component by 40% (0.4) and the equipment component by 60% (0.6) more closely approximated the existing threshold at the time, which is the reason for the 40/60 weights in the current formula. Share sensitive information only on official, secure websites. on Accordingly, FRA has determined that preparation of a federalism summary impact statement for this proposed rule is not required. However, this proposed rule could have preemptive effect by operation of law under certain provisions of the Federal railroad safety statutes, specifically the former Federal Railroad Safety Act of 1970 (FRSA), repealed and recodified at 49 U.S.C. Needlestick or sharps injury means a cut, laceration, puncture, or scratch from a needle or other sharp object that involves contamination with another person's blood or other potentially infectious material, even if the case does not meet one of the general reporting criteria. Death to three or more persons in a private highway vehicle. The changes have been described in detail in the Background section above. from 44 agencies. In FRA's estimation, relying on second-quarter data does not accurately represent the data for the entire year because it may fail to reflect overall data trends, seasonal effects, or other changes occurring throughout the year. This paragraph is intended to take into account covered data cases and also those non-covered data cases that are independently reportable for some other reason (e.g., medical treatment or day of restricted work activity). The lower threshold would result in marginally higher numbers of reported rail equipment accidents/incidents in comparison to the reporting threshold calculated using the current flawed formula. FRA also presents an alternative approach to calculate the reporting threshold using a fixed, base year for the reporting threshold (which may also reduce this error). (3) FRA broadly assumes the pattern of rail equipment accidents/incidents occurring near and above the threshold is the same as the pattern of accidents/incidents occurring near and below the threshold. For the 10-year period, the undiscounted (nominal) costs sum to $25,488. FRA amends the existing list of reporting thresholds by adding the new threshold. FRA makes the train accident data, along with other rail accident/incident data, available to the public on the FRA Office of Safety Analysis website. Pain is an injury or illness when it is sufficiently severe to meet the general reporting criteria listed in 225.19(d)(1) through (6). Railroads report employee service hours and compensation to the STB on a quarterly basis on these forms. 300), and the Maintenance of Equipment and Stores Group (Group No. Additionally, FRA estimates less than three percent of the small railroads subject to this proposed rule are likely to be impacted by being required to submit more accident/incident reports. FRA is reviewing the method for calculating the reporting threshold in this rulemaking. Discernable cause means a causal factor capable of being recognized by the senses or the understanding. The potential incremental costs and benefits of the proposed rule are compared to the no-action baseline. FRA expects that this NPRM's proposed revisions will result in more accurate and consistent train accident data for analyzing railroad safety trends, which will in turn help focus railroad industry and FRA resources where most Start Printed Page 22411needed to reduce the occurrence of rail equipment accidents/incidents. Executive Order 13132, Federalism, 64 FR 43255 (Aug. 10, 1999), requires FRA to develop an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. Policies that have federalism implications are defined in the Executive Order to include regulations that have substantial direct effects on the States, on the relationship between the national government and the States, or on the Start Printed Page 22425distribution of power and responsibilities among the various levels of government. Under E.O. (2) Any collision, highway-rail grade crossing accident/incident, obstruction accident, other impact, fire or violent rupture, explosion-detonation, act of God, or other accident/incident involving the operation of railroad on-track equipment (standing or moving) that results in damage to the railroad on-track equipment (standing or moving), signals, track, track structures or roadbed and that damage impairs the functioning or safety of the railroad on-track equipment (standing or moving), signals, track, track structures or roadbed. The documents posted on this site are XML renditions of published Federal In particular, the term means -. documents in the last year, by the Federal Energy Regulatory Commission X =121.76 accidents_incidents 122 accidents_incidents for year 2020. Next, FRA determined the number of additional rail equipment accident/incident reports that railroads may be required to submit to FRA in the future under the proposed rule. FRA regulation (49 CFR part 225) requires railroads to report to FRA all rail equipment accidents/incidents that cause damage above a specified monetary threshold amount. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Table 3Comparing Reporting Thresholds Calculated Using the Proposed Formula With Full-Year Data, to the Reporting Thresholds Calculated Using the Current Formula. Second, to better reflect overall data trends, FRA proposes using full-year data (i.e., 12 consecutive months) instead of only second-quarter data (i.e., 3 consecutive months) to calculate the reporting threshold. The authority citation for part 225 continues to read as follows: Authority: To estimate these future accident/incident reports, FRA forecast both the reporting thresholds calculated using the current formula, and the reporting thresholds calculated using the proposed formula with full-year data, for the years 2019 to 2028. See 40 CFR 1508.4. Issuing a notice each year, as opposed to a final rule, will simplify and expedite the communication of the reporting threshold, and will be more practical and efficient than FRA's current practice of annually publishing a final rule incorporating the reporting threshold amount in the rule text in 49 CFR 225.19 (c) and (e). Joint operations means rail operations conducted on a track used jointly or in common by two or more railroads subject to this part or operation of a train, locomotive, car, or other on-track equipment by one railroad over the track of another railroad. better and aid in comparing the online edition to the print edition. OMB re-approval for this collection of information was granted on June 6, 2018, and the new expiration date is June 30, 2021. from 14 agencies, updated on 8:45 AM on Wednesday, June 7, 2023, 86 documents Nevertheless, through greater accuracy of the reporting threshold, the quality of the collected train accident data is expected to improve. The former FRSA provides that States may not adopt or continue in effect any law, regulation, or order related to railroad safety or security that covers the subject matter of a regulation prescribed or order issued by the Secretary of Transportation (with respect to railroad safety matters) or the Secretary of Homeland Security (with respect to railroad security matters), except when the State law, regulation, or order qualifies under the local safety or security hazard exception to section 20106. Then the equipment PPI and STB wages can be re-based to the selected base year to form two price indices. [1] 2 FRA also uses this information for determining comparative trends of railroad safety and to develop hazard elimination and risk 10. Casualties to persons (i.e., death and non-fatal injuries to all types of persons, andoccupational illnesses involving railroad employees). 11. on FRA-reportable freight train accident data for Class I railroads for the period 2001 to 2010 were compiled to show the number of FRA-reportable accidents, the average number of cars derailed per accident, and the total number of cars derailed by accident type and track type (Table 1). Significant injury means an injury involving a fractured or cracked bone or a punctured eardrum, if the injury does not result in death, a day away from work, restricted work, job transfer, medical treatment, or loss of consciousness. The proposed threshold also increases more gradually, and shows less variability than the thresholds calculated using the current formula. Wprior = Prior average hourly wage rate ($). IT IS ORDERED that the following rules and regulations governing the safety oversight of Rail Transit Agencies (RTA) and Rail Fixed Guideway Systems shall hereafter be observed in this State unless otherwise directed by the California Public Utilities Commission (Commission). In consideration of the foregoing, FRA proposes to amend part 225 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: 1. DOT, The Department, or DOT agency means all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline. (i) The employee take one or more days away from work when the employee instead reports to work (or would have reported had he or she been scheduled) and takes no days away from work in connection with the injury or illness, (ii) The employee work restricted duty for one or more days when the employee instead works unrestricted (or would have worked unrestricted had he or she been scheduled) and takes no days of restricted work activity in connection with the injury or illness, or, (iii) The employee take over-the-counter medication at a dosage equal to or greater than the minimum prescription strength, whether or not the employee actually takes the medication; or. Instead of the CPI, a more appropriate price index could be constructed using the equipment PPI and STB wages already used in the threshold formula. This prototype edition of the The burden for Accident/Incident Reporting and Recordkeeping is approved in the information collection for 49 CFR part 225 under OMB No. For example, the 2007 wage index is calculated by: 2007 wage index with 2006 base year = ($23.31/$22.20) * 100 = 105.0. Figure 3 below further illustrates the differences between the current and proposed reporting thresholds incorporating both proposed changes. electronic version on GPOs govinfo.gov. Similarly, for 2017 and 2018, the $12,000 near boundary is about 12 percent above those years' reporting threshold amount of $10,700 (again, the lower boundary for those year). Although most of the railroads are small entities, the frequency of rail equipment accidents/incidents, and the frequency of subsequent required reporting, is generally proportional to the size of the railroad. Any other train accident/incident likely to generate considerable public interest. FRA calculated the costs for the other years in the forecast period similarly, resulting in the cost schedule below. In calculating the new reporting threshold, the goal is to capture the changes between the previous wage and equipment prices, and the current wage and equipment prices. edition of the Federal Register. 22, 1995); 2 U.S.C. Highway-rail grade crossing accidents/incidents. Currently, FRA publishes a final rule in the Federal Register. The causal event or exposure need not be peculiarly occupational so long as it occurs at work. Posted: Wed Aug 08, 2007 6:47 pm . Those years represent a more recent part of the period of analysis (i.e., 2006 to 2018) used to describe the effects of the proposed rule on the reporting threshold. 2. Under 49 CFR 225.25(d)-(g), railroads maintain these accountable rail equipment accident/incident events (as defined in section 225.5) on Form FRA F 6180.97 or an alternative form. Regulations on reporting railroad accidents and incidents can be foundin Title 49 Code of Federal Regulations (CFR) Part 225, Railroad Accidents/Incidents, Reports Classification, and Investigations. Given the low portion of small railroads impacted, this proposed rule is not expected to impact a substantial number of small entities. Post subject: Definition of a derailment. (Calculated as 20 rail equipment accident/incidents 16 intervals = 1.250 1.3 rail equipment accident/incident per $100 change in the threshold, on average.) 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. FRA estimates the cost of submitting these potential additional rail equipment accident/incident reports as the cost of an individual rail equipment accident/incident report multiplied by the number of additional reports. If you want to request a wider IP range, first request access for your current IP, and then use the "Site Feedback" button found in the lower left-hand side to make the request. For brevity, the estimated extra accidents/incidents reported under the alternative approach and the corresponding costs are shown as ordered pairs in the form of Year (Extra Accidents/Incidents, Cost): {2019(138, $19,872), 2020(147, $21,168), 2021(156, $22,464), 2022(165, $23,760), 2023(174, $25,056), 2024(183, $26,325), 2025(192, $27,648), 2026(201, $28,944), 2027(210, $30,240), 2028(219, $31,536). 1, including, but not limited to, a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any passenger; any trespasser or nontrespasser; any independent contractor providing goods or services to a railroad; any volunteer providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (1) Each calendar day that the employee, for reasons associated with his or her condition, works restricted duty (or would have worked restricted duty had he or she been scheduled) if the restriction results from: (i) A PLHCP's written recommendation to work restricted duty, or, (ii) A railroad's instructions to work restricted duty, if the injury or illness is otherwise reportable; or. Instead, FRA proposes to issue an annual notice on FRA's website stating the reporting threshold amount for the upcoming CY. It is not an official legal edition of the Federal See 49 CFR 225.19(b), (c) and 225.21(a). In this process, the wheelsets contact with the rails before derailment, and contact with the slabs after derailment. In addition to reviewing and adjusting the reporting threshold under Appendix B, as necessary, FRA periodically amends its method for calculating the reporting threshold. This NPRM is a non-significant rulemaking and evaluated in accordance with existing policies and procedures under Executive Order 12866 and DOT Order 2100.6. The marginal cost of submitting an accident/incident report is therefore: 2 hours per Form F 6180.54 * $72.01 per hour = $144.02 per additional accident/incident report, rounded to $144. Use the PDF linked in the document sidebar for the official electronic format. Musculoskeletal disorder (MSD) means a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, and spinal discs. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. Because FRA lacks information on accidents/incidents below the current threshold as railroads do not have to report these, FRA broadly assumes the pattern of accidents/incidents below a proposed, lower threshold will be similar to those above the threshold. [11] While FRA did not seek comment on its annual final rules adjusting the reporting threshold, FRA did receive one comment about the reporting threshold from the Association of American Railroads (AAR) in its comments to the proposed information collection request (ICR) for the Accident/Incident Reporting and Recordkeeping (part 225) regulation, ICR OMB Control Number 2130-0500. documents in the last year, by the National Park Service The equipment PPI can be re-based to 2006 by dividing the PPI for future years by the 2006 PPI, and then multiplying by 100: Equipment PPI with 2006 Base Year = (Calendar Year Equipment PPI 2006 Equipment PPI) 100. A derail or derailer is a device used to prevent fouling (blocking or compromising) of a rail track (or collision with anything present on the track, such as a person, or a train) by unauthorized movements of trains or unattended rolling stock. (1) Each calendar day that the employee, for reasons associated with his or her condition, does not report to work (or would have been unable to report had he or she been scheduled) if not reporting results from: (i) A PLHCP's written recommendation not to work, or, (ii) A railroad's instructions not to work, if the injury or illness is otherwise reportable; or. As a result, the reporting threshold calculated using the current formula is about $1,400 higher than it would have been if calculated using the proposed formula with the equipment component correction (i.e., if the formula used the same methodology to calculate changes in equipment prices as it did to calculate changes in labor prices.) First, FRA selects a base year for the price index, and sets the value of the index at 100 for the base year. As the index numbers are reported monthly, the index numbers for the months of April, May, and June are averaged to produce a second-quarter equipment index number. (2) A location where a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks at grade. SE, Washington, DC 20590 (telephone 202-493-0665). FRA substituted railroad employee wage data collected by the Surface Transportation Board (STB) for the BLS data that was no longer available. Third, FRA proposes to issue an annual notice on FRA's website stating the reporting threshold for the upcoming calendar year (CY). FRA also requires railroads to report each highway-rail grade crossing accident/incident, and accidents/incidents involving death, injury, and occupational illness that meet certain criteria. Where a regulation has federalism implications and preempts State law, the agency seeks to consult with State and local officials in the process of developing the regulation. B. The work environment includes not only physical locations, but also the equipment or materials processed or used by an employee during the course of his or her work, and activities of a railroad employee associated with his or her work, whether on or off the railroad's property. including accident, incident, inventory, and highway-rail crossing data with the public. This document has been published in the Federal Register. Thus, the marginal cost of the proposed threshold revisions is about 7 percent of the total industry accident reporting costs. FRA representative means the Associate Administrator for Safety, FRA; the Associate Administrator's delegate (including a qualified State inspector acting under part 212 of this chapter); the Chief Counsel, FRA; or the Chief Counsel's delegate. The personnel most likely to complete a rail equipment accident/incident report would be administrative personnel, such as a railroad safety officer, or someone performing those assigned functions. Eprior = Prior equipment average PPI value. (2) With respect to a person who is an employee of the railroad, an event or exposure that is work-related. Relative to the average freight revenue per railroad, FRA estimates the proposed rule will affect less than 0.1 percent of revenues. This feature is not available for this document. C. For other entities, the same dollar limit in revenues governs whether a railroad, contractor, or other respondent is a small entity. 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