FRA does not include suicide data (as defined in Sec. 225.5) in its periodic summaries of data on the number of injuries and illnesses associated with railroad operations. FRA will maintain suicide data in a database that is not publicly accessible. Suicide data will not be available on FRA's Web site for individual reports or downloads. Suicide data will be available to the public in aggregate format on FRA's Web site and via requests under the Freedom of Information Act. [75 FR 68909, Nov. 9, 2010]
Sec. Appendix A to Part 225--Schedule of Civil Penalties \1\ ------------------------------------------------------------------------
Willful
Section \2\ Violation Violation------------------------------------------------------------------------225.6: Failure to comply with consolidated $2,500 $5,000
reporting requirements.......................225.9:
(1) Failure to report..................... 2,500 5,000
(2) Failure to immediately report......... 1,000 2,000
(3) Failure to accurately report.......... 1,000 2,000225.11:
(1) Failure to report accident/incident... 2,500 5,000
(a) Highway-rail grade crossing.......
(b) Rail Equipment....................
(c) Death, Injury, or occupational
illness..............................
(2) Report is incomplete.................. 1,000 2,000225.12: Failure to file Railroad Employee 2,500 5,000
Human Factor form............................
(a) Failure to file Railroad Employee
Human Factor Attachment correctly:
(1) Employee identified............... 2,500 5,000
(2) No employee identified............ 1,000 2,000
(b)
(1) Failure to notify employee 2,500 5,000
properly.............................
(2) Notification of employee not 2,500 5,000
involved in accident.................
(c) Failure of employing railroad to 1,000 2,000
provide requested information properly...
(d)
(1) Failure to revise report.......... 2,500 5,000
(2) Failure to notify after late 2,500 5,000
identification.......................
(f) Submission of notice if employee dies 2,500 5,000
as result of the reported accident.......
(g) Willfully false accident statement by ........... 5,000
employee.................................225.13:
(1) Failure to Late reports............... 2,500 5,000
(2) Failure to Review Employee Statement.. 2,500 5,000
(3) Failure to Amend Report............... 1,000 2,000225.18: Alcohol or drug involvement........... 2,500 5,000225.23: Joint operations...................... (\1\) (\1\)225.25:
(1) Recordkeeping......................... 2,500 5,000
(2) Failure to post list.................. 1,000 2,000
(3) Posting Prohibited Information........ 1,000 2,000
(4) Missing fields........................ 1,000 2,000225.27:
(1) Failure to retain records............. 1,000 2,000
(2) Failure to retain electronic receipt.. 1,000 2,000
(3) Failure to comply with electronic 1,000 2,000
recordkeeping requirements...............
(4) Failure to provide access to records.. 1,000 2,000225.33:
(1) Failure to adopt Internal Control Plan 2,500 5,000
or more than two missing/outdated/
incorrect components.....................
(2) Internal Control Plan with less than 1,000 2,000
three missing/outdated/incorrect
components...............................
(3) Failure to comply with Internal 2,500 5,000
Control Plan.............................
(4) Failure to comply with the 2,500 5,000
intimidation/harassment policy in
Internal Control Plan....................
(5) Failure to comply with requirements 2,500 5,000
associated with Form FRA F 6180.150......225.35: Access to records and reports......... 2,500 5,000------------------------------------------------------------------------\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $105,000 for any violation where circumstances warrant. See 49
CFR part 209, appendix A. A failure to comply with Sec. 225.23
constitutes a violation of Sec. 225.11. For purposes of Secs. 225.25
and 225.27 of this part, each of the following constitutes a single
act of noncompliance: (1) A missing or incomplete log entry for a
particular employee's injury or illness; or (2) a missing or
incomplete log record for a particular rail equipment accident or
incident. Each day a violation continues is a separate offense.\2\ The penalty schedule uses section numbers from 49 CFR part 225. If
more than one item is listed as a type of violation of a given
section, each item is also designated by a ``penalty code,'' which is
used to facilitate assessment of civil penalties, and which may or may
not correspond to any subsection designation(s). For convenience,
penalty citations will cite the CFR section and the penalty code, if
any. FRA reserves the right, should litigation become necessary, to
substitute in its complaint the CFR citation in place of the combined
CFR and penalty code citation, should they differ. [75 FR 68909, Nov. 9, 2010, as amended at 77 FR 24421, Apr. 24, 2012]
Sec. Appendix B to Part 225--Procedure for Determining Reporting
Threshold
1. Wage data used in the calculation are collected from railroads by the Surface Transportation Board (STB) on Form A--STB Wage Statistics. Rail equipment 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 has two components: (a) The average hourly earnings of certain railroad maintenance employees as reported to the STB by the Class I railroads and Amtrak; and (b) an overall rail equipment cost index determined by the BLS. The wage component is weighted by 40% and the equipment component by 60%.
2. For the wage component, the average of the data from Form A--STB Wage Statistics for Group No. 300 (Maintenance of Way and Structures) and Group No. 400 (Maintenance of Equipment and Stores) employees 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, second-quarter wage data are obtained from the STB. For equipment costs, the corresponding BLS railroad equipment indices for the second quarter are obtained. As the equipment index is reported monthly rather than quarterly, the average for the months of April, May and June is used for the threshold calculation.
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 $100.
7. The weightings result from using STB wage data and BLS equipment cost data to produce a reasonable estimation of the reporting threshold that was calculated using the threshold formula in effect immediately before calendar year 2006, a formula that assumed damage repair costs, at levels at or near the threshold, were split approximately evenly between labor and materials.
8. Formula: New Threshold = Prior Threshold x [1 + 0.4(Wnew--Wprior)/Wprior +
0.6(Enew - Eprior)/100] Where: Wnew = New average hourly wage rate ($).Wprior = Prior average hourly wage rate ($).Enew = New equipment average PPI value.Eprior = Prior equipment average PPI value. [70 FR 75417, Dec. 20, 2005]