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DOT/FRA RIN: 2130-AC49 Publication ID: Fall 2018 
Title: Revision of Method for Calculating Monetary Threshold for Reporting Rail Equipment Accidents/Incidents 

FRA's accident/incident reporting regulations (49 CFR part 225) require railroads to report certain train accidents that result in damages higher than a specified amount (the "reporting threshold"). Train accidents that yield damages in excess of the reporting threshold are severe enough in nature that FRA wants to capture specific information about those events and use the collected information to identify safety trends. Without the reporting threshold, or some other parameter, railroads would have to report every minor event. FRA periodically reviews the reporting threshold and adjusts it as necessary to accurately maintain comparability between different years of accident data by having the reporting threshold keep pace with any increases or decreases in equipment and labor costs. This approach ensures that each year train accidents involving the same minimum amount of railroad property damage are included in the reportable accident counts. FRA uses two components to calculate the reporting threshold: (1) Surface Transportation Board (STB) wage data for certain railroad employees; and (2) the Bureau of Labor Statistics' (BLS) overall rail equipment cost index (PPI). This rule proposes: (1) a minor technical correction to the mathematical formula (published at appendix B to part 225) FRA uses to periodically adjust the reporting threshold; (2) the use of full-year (12 months) STB wage and PPI equipment price data in the threshold calculation formula (FRA currently uses only 2nd-quarter (3 months) wage and equipment price data in its calculations); and (3) a change in how FRA notifies railroads of adjustments to the reporting threshold. This rule also solicits comment on the feasibility of using a new method to adjust the reporting threshold: time series analysis and forecasted labor and equipment cost data.

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 49 CFR 225   
Legal Authority: 49 CFR 1.89    49 U.S.C. 103    49 U.S.C. 20103    49 U.S.C. 20107    49 U.S.C. 20901 and 20902    49 U.S.C. 21301    49 U.S.C. 21302    49 U.S.C. 21311    49 U.S.C. 2461, note    49 U.S.C. 322(a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Kathryn Gresham
Trial Attorney
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 493-6063