VICKERS.docx

January 12, 1996
Dan Vickers
PO Box 382
Twin Falls, ID  83303-0382
RE:  State Hazmat Rail Inspections for Shippers and Manufacturers
Dear Dan:
As you know, we have been reviewing the Commission’s participation in the FRA’s railroad safety program.  More specifically, we have been reviewing our policies as they relate to conducting hazardous materials rail safety inspections for shippers and manufacturers.  This review was prompted by developments in the V-1 Oil case.  This review has culminated in the following interim policy pending further discussions with the FRA.
 The Commission exercises authority over rail carriers including facilities, equipment, rolling stock and operations pursuant to Title 61 and 62 of the Idaho Code.  The Commission’s and your authority to conduct inspections on rail carriers includes conducting hazmat inspections of rail cars transported by carriers but belonging to shippers and manufacturers.  Because shippers/manufacturers are an important part of the FRA’s uniform safety program, the Commission intends to continue its hazmat inspection oversight of shippers and manufacturers in the following manner.
Rather than conducting immediate and unannounced hazmat inspections of shippers and manufacturers, the Commission believes that such safety “reviews” (instead of inspections)should be voluntary and should be conducted with  their cooperation.  In other words, hazmat rail reviews should not be conducted in an immediate unannounced manner.  Effective immediately, hazmat rail safety reviews conducted for shippers/manufacturers  should be scheduled in advance with either telephonic or written notification.  This will allow efficient use of your time and the shippers/manufacturers’s time.  Hazmat’s safety reviews for shippers/manufacturers should be conducted in an “assistance” mode rather than a “enforcement” mode similar to our motor carrier safety reviews.  Attached for your review is a recent letter sent to V-1 Oil’s counsel.
If you uncover shipper/manufacturer hazmat safety violations when conducting hazmat reviews, you should advise them of the violation.  Depending on the severity of the violation, you may wish to conduct a subsequent review to ensure that the shipper/manufacturer has corrected the deficiency.  In those cases where there is a serious safety deficiency or when a subsequent review indicates that the shipper/manufacturer has not corrected the discrepancy, you may notify the FRA hazmat safety inspector for his information and follow-up.  
When scheduling hazmat safety reviews, it is important for the shipper/manufacturer to understand and be advised that the safety reviews are conducted with their permission.  Consequently, you may want to prepare a script to follow when making appointments to conduct hazmat reviews.  [Ron, do you want to prepare the script or do you want to have Dan prepare it and you’ll review it????]
The interim procedures outlined above are designed to include shippers/manufacturers in our hazmat rail safety program yet ensure that their constitutional rights are not infringed upon. These procedures are subject to change following our further discussions with the FRA.  If you have any questions, please contact me to discuss these interim procedures.
Sincerely,
Ron Law
Regulated Carrier Administrator
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cm\l-vickers.dh