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Federal Register / Vol. 72, No.

248 / Friday, December 28, 2007 / Rules and Regulations 73659

*Elevation in
feet (NGVD)
+Elevation
in feet Communities af-
Flooding source(s) Location of referenced elevation (NAVD) fected
#Depth in
feet above
ground
(modified)

ADDRESSES
Pearl River County (Unincorporated Areas)
Maps are available for inspection at Department of Planning and Development, 167 Savannah-Millard Road, Poplarville, MS 39470.

Warren County, Virginia, and Incorporated Areas


Docket No.: FEMA–B–7705

North Fork Shen- Confluence with South Fork Shenandoah River ....................................................... +498 Warren County (Un-
andoah River. incorporated
Areas).
Town of Front Royal Corporate Limits (approximately 1.46 miles upstream of con- +498
fluence with Shenandoah River).
South Fork Shen- Confluence of Punches Run ..................................................................................... +500 Warren County (Un-
andoah River. incorporated
Areas).
Town of Front Royal Corporate Limits (just upstream of Catlett Mountain Road +506
and Luray Avenue).

*National Geodetic Vertical Datum.


+North American Vertical Datum.
#Depth in feet above ground.
ADDRESSES
Warren County (Unincorporated Areas)
Maps are available for inspection at 220 North Commerce Avenue, Suite 400, Front Royal, VA 22630.

(Catalog of Federal Domestic Assistance No. requirements reflect cost increases that Report (Form FRA F 6180.54). 49 CFR
97.022, ‘‘Flood Insurance.’’) have occurred since the reporting 225.19(b) and (c). Paragraphs (c) and (e)
Dated: December 14, 2007. threshold was last computed for of 49 CFR 225.19 provide that the dollar
David I. Maurstad, calendar year 2007. figure that constitutes the reporting
Federal Insurance Administrator of the DATES: Effective Date: This regulation is threshold for rail equipment accidents/
National Flood Insurance Program, effective January 1, 2008. incidents will be adjusted, if necessary,
Department of Homeland Security, Federal FOR FURTHER INFORMATION CONTACT: every year in accordance with the
Emergency Management Agency. Arnel B. Rivera, Staff Director, Office of procedures outlined in appendix B to
[FR Doc. E7–25288 Filed 12–27–07; 8:45 am] Safety Analysis, RRS–22, Mail Stop 17, part 225 to reflect any cost increases or
BILLING CODE 9110–12–P FRA, 1200 New Jersey Avenue, SE., decreases. 61 FR 30940 (June 18, 1996);
West Building 3rd Floor, Washington, 61 FR 60632 (November 29, 1996); 61
DC 20590 (telephone 202–493–1331); or FR 67477 (December 23, 1996); 62 FR
Sandra S. Ries, Trial Attorney, Office of 63675 (December 2, 1997); 63 FR 71790
DEPARTMENT OF TRANSPORTATION
Chief Counsel, RCC–10, Mail Stop 10, (December. 30, 1998); 64 FR 69193
Federal Railroad Administration FRA, 1200 New Jersey Avenue, SE., (December 10, 1999); 65 FR 69884
West Building 3rd Floor, Washington, (November 21, 2000); 66 FR 66346
49 CFR Part 225 DC 20590 (telephone 202–493–6047). (December 26, 2001); 67 FR 79533
SUPPLEMENTARY INFORMATION:
(December 30, 2002); 70 FR 75414
[FRA–2007–0018] (December 20, 2005); 72 FR 1184
Background (January 10, 2007).
Adjustment of Monetary Threshold for
A ‘‘rail equipment accident/incident’’ New Reporting Threshold
Reporting Rail Equipment Accidents/
is a collision, derailment, fire,
Incidents for Calendar Year 2008
explosion, act of God, or other event Approximately one year has passed
AGENCY: Federal Railroad involving the operation of railroad on- since the rail equipment accident/
Administration (FRA), Department of track equipment (standing or moving) incident reporting threshold was
Transportation (DOT). that results in damages to railroad on- revised. 72 FR 1184 (January 10, 2007).
ACTION: Final rule. track equipment, signals, tracks, track Consequently, FRA has recalculated the
structures, or roadbed, including labor threshold, as required by § 225.19(c),
SUMMARY: This rule increases the rail costs and the costs for acquiring new based on increased costs for labor and
equipment accident/incident reporting equipment and material, greater than increased costs for equipment. FRA has
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threshold from $8,200 to $8,500 for the reporting threshold for the year in determined that the current reporting
certain railroad accidents/incidents which the event occurs. 49 CFR threshold of $8,200, which applies to
involving property damage that occur 225.19(c). Each rail equipment accident/ rail equipment accidents/incidents that
during calendar year 2008. This action incident must be reported to FRA using occur during calendar year 2007, should
is needed to ensure that FRA’s reporting the Rail Equipment Accident/Incident increase by $300 to $8,500 for

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73660 Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations

equipment accidents/incidents inputs to the equation set forth in 0.4(Wnew¥Wprior)/Wprior +


occurring during calendar year 2008, appendix B (i.e., Tnew = Tprior * [1 + 0.6(Enew¥Eprior)/100]) to part 225 are:
effective January 1, 2008. The specific

Tprior Wnew Wprior Enew Eprior

$8,200 .............................................................................................................. $21.50323 $21.45800 175.56667 169.7

Where: Tnew = New threshold; Tprior = Prior III railroad. 49 CFR part 209, app. C. For affect the large railroads more than the
threshold (with reference to the threshold, other entities, the same dollar limit in small entities, due to the higher
‘‘prior’’ refers to the previous threshold revenues governs whether a railroad, proportion of reportable rail equipment
rounded to the nearest $100, as reported in
the Federal Register); Wnew = New average
contractor, or other respondent is a accidents/incidents experienced by
hourly wage rate, in dollars; Wprior = Prior small entity. Id. large entities.
average hourly wage rate, in dollars; Enew = About 680 of the approximately 718 Paperwork Reduction Act
New equipment average PPI value; Eprior = railroads in the United States are
Prior equipment average PPI value. Using the considered small entities by FRA. FRA There are no new information
above figures, the calculated new threshold, collection requirements associated with
(Tnew) is $8,495.55, which is rounded to the
certifies that this final rule will have no
significant economic impact on a this final rule. Therefore, no estimate of
nearest $100 for a final new reporting
threshold of $8,500. substantial number of small entities. To a public reporting burden is required.
the extent that this rule has any impact Federalism Implications
Notice and Comment Procedures on small entities, the impact will be
In this rule, FRA has recalculated the neutral or insignificant. The frequency FRA has analyzed this rule in
monetary reporting threshold based on of rail equipment accidents/incidents, accordance with Executive Order 13132,
the formula discussed in detail and and therefore also the frequency of which requires an agency to determine
adopted, after notice and comment, in required reporting, is generally whether a rule will have a substantial
the final rule published December 20, proportional to the size of the railroad. direct effect on States, on the
2005, 70 FR 75414. FRA has found that A railroad that employs thousands of relationship between the National
both the current cost data inserted into employees and operates trains millions Government and the States, or on the
this pre-existing formula and the of miles is exposed to greater risks than distribution of power and
original cost data that they replace were one whose operation is substantially responsibilities among the various
obtained from reliable Federal smaller. Small railroads may go for levels of government. FRA has
government sources. FRA has found that months at a time without having a determined that the rule will not have
this rule imposes no additional burden reportable occurrence of any type, and sufficient federalism implications to
on any person, but rather provides a even longer without having a rail warrant consultation with State and
benefit by permitting the valid equipment accident/incident. For local officials or the preparation of a
comparison of accident data over time. example, current FRA data indicate that federalism assessment. Accordingly, a
Accordingly, finding that notice and 3,379 rail equipment accidents/ federalism assessment has not been
comment procedures are either incidents were reported in 2004, with prepared.
impracticable, unnecessary, or contrary small railroads reporting 307 of them. In Environmental Impact
to the public interest, FRA is proceeding 2005, 3,252 rail equipment accidents/
directly to the final rule. incidents were reported, and small FRA has evaluated this regulation in
Regulatory Impact railroads reported 321 of them. Data for accordance with its ‘‘Procedures for
2006 show that 2,935 rail equipment Considering Environmental Impacts’’
Executive Order 12866 and DOT accidents/incidents were reported, with (FRA’s Procedures) (64 FR 28545, May
Regulatory Policies and Procedures small railroads reporting 345 of them. 26, 1999) as required by the National
This rule has been evaluated in On average for those three calendar Environmental Policy Act (42 U.S.C.
accordance with existing policies and years, small railroads reported about 4321 et seq.), other environmental
procedures, and determined to be non- 10% (ranging approximately from 9% to statutes, Executive Orders, and related
significant under both Executive Order 12%) of the total number of rail regulatory requirements. FRA has
12866 and DOT policies and procedures equipment accidents/incidents. FRA determined that this regulation is not a
(44 FR 11034 (Feb. 26, 1979)). notes that these data are accurate as of major FRA action (requiring the
the date of issuance of this final rule, preparation of an environmental impact
Regulatory Flexibility Act and are subject to minor changes due to statement or environmental assessment)
The Regulatory Flexibility Act of 1980 additional reporting. Absent this because it is categorically excluded from
(5 U.S.C. 601–612) requires a review of rulemaking (i.e., any increase in the detailed environmental review pursuant
proposed and final rules to assess their monetary reporting threshold), the to section 4(c)(20) of FRA’s Procedures.
impact on small entities, unless the number of reportable accidents/ 64 FR 28545, 28547, May 26, 1999. In
Secretary certifies that the rule will not incidents would increase, as keeping the accordance with sections 4(c) and (e) of
have a significant economic impact on 2007 threshold in place would not allow FRA’s Procedures, the agency has
a substantial number of small entities. it to keep pace with the increasing further concluded that no extraordinary
Pursuant to Section 312 of the Small dollar amounts of wages and rail circumstances exist with respect to this
Business Regulatory Enforcement equipment repair costs. Therefore, this regulation that might trigger the need for
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Fairness Act of 1996 (Pub. L. 104–121), rule will be neutral in effect. Increasing a more detailed environmental review.
FRA has issued a final policy that the reporting threshold will slightly As a result, FRA finds that this
formally establishes ‘‘small entities’’ as decrease the recordkeeping burden for regulation is not a major Federal action
including railroads that meet the line- railroads over time. Any recordkeeping significantly affecting the quality of the
haulage revenue requirements of a Class burden will not be significant and will human environment.

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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations 73661

Unfunded Mandates Reform Act of 1995 Privacy Act Issued in Washington, DC, on December
19, 2007.
Pursuant to Section 201 of the Anyone is able to search the Joseph H. Boardman,
Unfunded Mandates Reform Act of 1995 electronic form of all our comments Administrator.
(Pub. L. 104–4, 2 U.S.C. 1531), each received into any of our dockets by the [FR Doc. E7–24999 Filed 12–27–07; 8:45 am]
Federal agency ‘‘shall, unless otherwise name of the individual submitting the
BILLING CODE 4910–06–P
prohibited by law, assess the effects of comment (or signing the comment, if
Federal regulatory actions on State, submitted on behalf of an association,
local, and tribal governments, and the business, labor union, etc.). You may
review DOT’s complete Privacy Act DEPARTMENT OF COMMERCE
private sector (other than to the extent
that such regulations incorporate Statement in the Federal Register National Oceanic and Atmospheric
requirements specifically set forth in published on April 11, 2000 (Volume Administration
law).’’ Section 202 of the Act (2 U.S.C. 65, Number 70; Pages 19477–78) or you
may visit http://www.regulations.gov. 50 CFR Part 229
1532) further requires that ‘‘before
promulgating any general notice of List of Subjects in 49 CFR Part 225 [Docket No. 071221883–7885–01]
proposed rulemaking that is likely to
result in the promulgation of any rule Investigations, Penalties, Railroad RIN 0648–XE66
that includes any Federal mandate that safety, Reporting and recordkeeping
requirements. Taking of Marine Mammals Incidental
may result in expenditure by State, to Commercial Fishing Operations;
local, and tribal governments, in the The Rule Atlantic Large Whale Take Reduction
aggregate, or by the private sector, of Plan
[$132,300,000 or more (as adjusted for ■ In consideration of the foregoing, FRA
inflation)] in any one year, and before amends part 225 of chapter II, subtitle AGENCY: National Marine Fisheries
promulgating any final rule for which a B of title 49, Code of Federal Service (NMFS), National Oceanic and
general notice of proposed rulemaking Regulations, as follows: Atmospheric Administration (NOAA),
was published, the agency shall prepare Commerce.
PART 225—[AMENDED]
a written statement’’ detailing the effect ACTION: Temporary rule.
on State, local, and tribal governments ■ 1. The authority citation for part 225 SUMMARY: The Assistant Administrator
and the private sector. The final rule continues to read as follows: for Fisheries (AA), NOAA, announces
will not result in the expenditure, in the
Authority: 49 U.S.C. 103, 322(a), 20103, temporary restrictions consistent with
aggregate, of $132,300,000 or more in 20107, 20901–02, 21301, 21302, 21311; 28 the requirements of the Atlantic Large
any one year, and thus preparation of U.S.C. 2461, note; and 49 CFR 1.49. Whale Take Reduction Plan’s
such a statement is not required. (ALWTRP) implementing regulations.
■ 2. Amend § 225.19 by revising the first
Energy Impact sentence of paragraph (c) and revising These regulations apply to lobster trap/
paragraph (e) to read as follows: pot and anchored gillnet fishermen in
Executive Order 13211 requires an area totaling approximately 1,939
Federal agencies to prepare a Statement § 225.19 Primary groups of accidents/ nm2 (6,650 km2), south of Rockland,
of Energy Effects for any ‘‘significant incidents. Maine, for 15 days. The purpose of this
energy action.’’ 66 FR 28355 (May 22, * * * * * action is to provide protection to an
2001). Under the Executive Order, a (c) Group II—Rail equipment. Rail aggregation of northern right whales
‘‘significant energy action’’ is defined as equipment accidents/incidents are (right whales).
any action by an agency (normally collisions, derailments, fires, DATES: Effective beginning at 0001 hours
published in the Federal Register) that explosions, acts of God, and other December 30, 2007, through 2400 hours
promulgates or is expected to lead to the events involving the operation of on- January 13, 2008.
promulgation of a final rule or track equipment (standing or moving) ADDRESSES: Copies of the proposed and
regulation, including notices of inquiry, that result in damages higher than the final Dynamic Area Management (DAM)
advance notices of proposed current reporting threshold (i.e., $6,700 rules, Environmental Assessments
rulemaking, and notices of proposed for calendar years 2002 through 2005, (EAs), Atlantic Large Whale Take
rulemaking: That (1)(i) is a significant $7,700 for calendar year 2006, $8,200 Reduction Team (ALWTRT) meeting
regulatory action under Executive Order for calendar year 2007, and $8,500 for summaries, and progress reports on
12866 or any successor order, and (ii) is calendar year 2008) to railroad on-track implementation of the ALWTRP may
likely to have a significant adverse effect equipment, signals, tracks, track also be obtained by writing Diane
on the supply, distribution, or use of structures, or roadbed, including labor Borggaard, NMFS/Northeast Region,
energy; or (2) that is designated by the costs and the costs for acquiring new One Blackburn Drive, Gloucester, MA
Administrator of the Office of equipment and material. * * * 01930.
Information and Regulatory Affairs as a * * * * * FOR FURTHER INFORMATION CONTACT:
significant energy action. FRA has (e) The reporting threshold is $6,700 Diane Borggaard, NMFS/Northeast
evaluated this final rule in accordance for calendar years 2002 through 2005, Region, 978–281–9300 x6503; or Kristy
with Executive Order 13211. FRA has $7,700 for calendar year 2006, $8,200 Long, NMFS, Office of Protected
determined that this final rule is not for calendar year 2007 and $8,500 for Resources, 301–713–2322.
likely to have a significant adverse effect calendar year 2008. The procedure for SUPPLEMENTARY INFORMATION:
determining the reporting threshold for
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on the supply, distribution, or use of


energy. Consequently, FRA has calendar years 2006 and beyond appears Electronic Access
determined that this regulatory action is as paragraphs 1–8 of appendix B to part Several of the background documents
not a ‘‘significant energy action’’ within 225. for the ALWTRP and the take reduction
the meaning of Executive Order 13211. * * * * * planning process can be downloaded

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