Proposed Rule2023-18840
Authority of NTSB in Railroad, Pipeline, and Hazardous Materials Investigations
Primary source
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Published
August 31, 2023
Issuing agencies
National Transportation Safety Board
Abstract
The National Transportation Safety Board (NTSB) is publishing this advance notice of proposed rulemaking (ANPRM) to seek public feedback on whether it should define the term "substantial property damage" as it relates to the agency's authority to investigate railroad accidents. Neither the agency's statute nor the regulation currently defines this term, thus, the NTSB seeks comments on whether defining "substantial property damage" would better clarify the scope of regulatory coverage for its railroad investigations. The issues raised in the comments submitted in response to this ANPRM will inform whether and how the NTSB will define this term in its regulation.
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60164-60165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18840]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-2023-0007]
RIN 3147-AA28
Authority of NTSB in Railroad, Pipeline, and Hazardous Materials
Investigations
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: The National Transportation Safety Board (NTSB) is publishing
this advance notice of proposed rulemaking (ANPRM) to seek public
feedback on whether it should define the term ``substantial property
damage'' as it relates to the agency's authority to investigate
railroad accidents. Neither the agency's statute nor the regulation
currently defines this term, thus, the NTSB seeks comments on whether
defining ``substantial property damage'' would better clarify the scope
of regulatory coverage for its railroad investigations. The issues
raised in the comments submitted in response to this ANPRM will inform
whether and how the NTSB will define this term in its regulation.
DATES: Send comments on or before October 30, 2023.
ADDRESSES: You may send comments, identified by Docket Number (No.)
NTSB-2023-0007, by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#9fedeaf3faf2fef4f6f1f8dff1ebecfdb1f8f0e9"><span class="__cf_email__" data-cfemail="8af8ffe6efe7ebe1e3e4edcae4fef9e8a4ede5fc">[email protected]</span></a>.
[[Page 60165]]
<bullet> Fax: 202-314-6090.
<bullet> Mail/Hand Delivery/Courier: NTSB, Office of General
Counsel, 490 L'Enfant Plaza East SW, Washington, DC 20594.
Instructions: All submissions in response to this ANPRM must
include Docket No. NTSB-2023-0007. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and search Docket No. NTSB-2023-0007.
FOR FURTHER INFORMATION CONTACT: William Thomas (Tom) McMurry, Jr.,
General Counsel, (202) 314-6080, <a href="/cdn-cgi/l/email-protection#81f3f4ede4ece0eae8efe6c1eff5f2e3afe6eef7"><span class="__cf_email__" data-cfemail="7200071e171f13191b1c15321c0601105c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the Independent Safety
Board Act of 1974, as amended, the NTSB is required to ``investigate or
have investigated (in detail the Board prescribes) and establish the
facts, circumstances, and cause or probable cause of . . . a railroad
accident in which there is a fatality or substantial property damage,
or that involves a passenger train.'' 49 U.S.C. 1131(a)(1)(C). The
NTSB's regulations found at 49 CFR 831.40(a)(1) further explain that
the NTSB has the authority to investigate ``railroad accidents,
collisions, crashes, derailments, explosions, incidents, and releases
in which involve a fatality, substantial property damage, or a
passenger train.'' Section 840.2 defines railroad as ``any system of
surface transportation of persons or property over rails. It includes,
but is not limited to, line-haul freight and passenger-carrying
railroads, and rapid transit, commuter, scenic, subway, and elevated
railways.''
Notably, the agency's regulation has neither a definition nor a
monetary threshold for the term ``substantial property damage'' as
reflected in Sec. 831.40(a)(1). The NTSB believes that defining this
term will clarify the types of railroad accidents the NTSB will
investigate. Thus, the NTSB is soliciting comments on the promulgation
of a regulatory definition of ``substantial property damage''
particular to railroad accidents.
To define ``substantial property damage,'' the NTSB has considered
regulatory thresholds utilized by the Federal Railroad Administration
(FRA) and the Federal Transit Administration (FTA) at the United States
Department of Transportation (DOT). The FRA ``[e]nables the safe,
reliable, and efficient movement of people and goods along the Nation's
railroads.'' \1\ The FRA has a monetary threshold for reporting rail
equipment accidents/incidents of $11,300 for calendar year (CY)
2022.\2\ The NTSB is disinclined to align itself with FRA's threshold
as the NTSB believes that $11,300 is too low of a value. However, if
the NTSB does promulgate a rule establishing a monetary value for
``substantial property damage,'' the NTSB may consider periodically
adjusting for inflation the monetary threshold as the FRA recently did
for CY 2022. See 85 FR 79130 (Dec. 9, 2020).
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\1\ <a href="https://www.transportation.gov/railroads">https://www.transportation.gov/railroads</a>.
\2\ The FRA's Monetary Threshold Notice is available at: <a href="https://railroads.dot.gov/safety-data/forms-guides-publications/guides/monetary-threshold-notice">https://railroads.dot.gov/safety-data/forms-guides-publications/guides/monetary-threshold-notice</a>.
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By contrast, the FTA, which ``[p]rovides financial and technical
assistance to local public transit systems, including buses, subways,
light rail, commuter rail, trolleys and ferries,'' \3\ does not have a
monetary value for reporting major events, but bases reporting
requirements on whether there is ``substantial damage'' as defined by
FTA.\4\ The FTA defines ``substantial damage'' as ``[d]amage to transit
or non-transit property including vehicles, facilities, equipment,
rolling stock, or infrastructure that disrupts the operations of the
rail transit agency and adversely affects the structural strength,
performance, or operating characteristics of the of the property,
requiring towing, rescue, on-site maintenance, or immediate removal
prior to safe operation.'' \5\ Notably, excluded from this definition
is damage that is limited to: cracked windows; dents, bends, or small
puncture holes in the body; broken lights or mirrors; or removal from
service under the vehicle's own power for minor repair or maintenance,
testing, or video and event recorder download.
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\3\ <a href="https://www.transportation.gov/public-transit">https://www.transportation.gov/public-transit</a>.
\4\ <a href="https://www.transit.dot.gov/ntd/national-transit-database-ntd-glossary#S">https://www.transit.dot.gov/ntd/national-transit-database-ntd-glossary#S</a>.
\5\ <a href="https://www.transit.dot.gov/ntd/national-transit-database-ntd-glossary#S">https://www.transit.dot.gov/ntd/national-transit-database-ntd-glossary#S</a>.
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The NTSB does have a reporting threshold notification requirement
contained in 49 CFR 840.3(b), which requires reporting of accidents
with $150,000 damage or more to railroad and nonrailroad property; or
$25,000 or more for a passenger train, and railroad and nonrailroad
property. The NTSB is considering these monetary values to establish
the threshold for ``substantial property damage.'' However, with the
different threshold reporting requirements for freight and passenger
trains, the NTSB is considering whether the same distinctions should
apply to ``substantial property damage.''
Further, the NTSB is considering whether its proposed definition of
``substantial property damage'' should contain a distinction between
public railroads and private railroads reporting thresholds. The Board
acknowledges, however, that if the NTSB were to define ``substantial
property damage'' differently between public and private railroads,
doing so may give rise to a question regarding which definition of
``substantial property damage'' applies if there were an accident
involving both a public and private railroad.
Accordingly, the public is asked to address any or all of the
following questions:
1. Should the NTSB define ``substantial property damage''?
2. If not, why not?
3. If so, how should the NTSB define ``substantial property
damage''?
4. If ``substantial property damage'' is defined using a specific
dollar amount, what would be a reasonable monetary threshold?
5. How should the NTSB calculate the threshold value of
``substantial property damage''?
6. Should the dollar amount established be indexed for inflation?
7. Should the property damage value be consistent with the
reporting threshold established by the FRA? Why or why not?
8. Should the property damage value be consistent with the
reporting threshold established by the NTSB? Why or why not?
9. Should ``substantial property damage'' be based on total
property damage, railroad property damage, or non-railroad property
damage?
10. Should ``substantial property damage'' consider factors other
than monetary value?
11. Should there be a distinction in threshold reporting
requirements between public railroads and private railroads?
12. And which definition should apply to an accident involving both
a public railroad and private railroad?
13. The NTSB has different threshold reporting requirements for
freight and passenger trains. Should the definition of ``substantial
property damage'' contain a similar distinction?
List of Subjects in 49 CFR Part 831
Aircraft accidents, Aircraft incidents, Aviation safety, Hazardous
materials transportation, Highway safety, Investigations, Marine
safety, Pipeline safety, Railroad safety.
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2023-18840 Filed 8-30-23; 8:45 am]
BILLING CODE 7533-01-P
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