20021003_288.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
BEVERLY BARKER
GENE FADNESS
TONY A CLARK
BARB BARROWS
DON HOWELL
SEPTEMBER 26, 2002
UPDATING THE RAILROAD ACCIDENT REPORTING RULES
CASE NO. 31-7102-0201
On September 4, 2002, the Commission caused to be published in the Administrative
Bulletin a Notice of Proposed Rulemaking. In this rulemaking, the Commission proposed to
amend its Railroad Accident Reporting Rules to increase the reporting threshold for property
damage to $6 700. This increase in the reporting threshold comports with the Federal Railroad
Administration s (FRA) increase in the monetary threshold effective January 1 , 2002.
addition, the Commission also proposed to make two "housekeeping" changes. The Commission
proposed to add a new Rule 8 (Incorporation by Reference) and to correct a citation to the Idaho
Code. The proposed rules are attached.
Comments concerning the proposed rules were to be postmarked no later than
September 25 , 2002. The Senate and House Subcommittees for review of administrative rules
reported that no objections to the Commission s proposed rulemaking will be filed. No other
comments were received.
DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to adopt the proposed rules and issue a Notice of Pending
Rule in this matter?
J)~
Don Howell
Vld/M:31-7102-0201 dh2
DECISION MEMORANDUM
IDAPA 31
TITLE 71
CHAPTER 02
31.71.02 - RAILROAD ACCIDENT REPORTING RULES
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Written reports of accidents submitted to the Commission are public records subject to
inspection, examination and copying. Further investigative reports by the Commission or
the Commission Staff are investigatory records exempt from public disclosure. See
section 9-337(4) 340B(1), Idaho Code. Reports required by these rules and the results of
further investigations by the Commission are by statute prohibited from admission into
evidence in any action for damages based on or arising out of the loss of life or injury to
the person or property. See section 61-517, Idaho Code. (7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
008. INCORPORATION BY REFERENCE-CODE OF FEDERAL
REGULATIONS (Rule 8).
The Code of Federal Regulations (CFR) is referenced in Rule 101. The annual volumes
of the CFR may be obtained from the Superintendent of Documents, Attn: New Orders,
PO Box 371954, Pittsburgh, PA 15250-7954. The full text of the CFR is also available in
electronic format at www.access.gpo.gov/nara. The incorporated CFR Part is also
available for inspection and copying at the offices of the Idaho Public Utilities
Commission and the Idaho State Law Library. Whenever a federal regulation is adopted
by reference in these rules, subsequent annual recompilations are also adopted by
reference, but subsequent amendments to the CFR are not adopted by the reference.
89.100. (RESERVED).
RULE~ 101 THROUGH 200 RAILROAD ACCIDENT/INCIDENT
REPORTING PROCEDURES ADOPTION BY REFERENCE OF FEDERAL
RULE
101. REPORTING OF RAILROAD ACCIDENTS (Rule 101).
The Commission hereby adopts by reference federal rules and regulations govoming the
Reporting of Railroad Accidents/Incidents: Reports, Classification, and In'lestigations
R. Part 225 of the Code of Federal Regulations (October L 2002). Pursuant to 49
R. 225.all railroads that are required to file a copy of any accidentlincident report
filed with the Federal Railroad Administration shall also file a coPY of such report with
the Commission Secretary for ffilJ' accident~ I- incident~ occurring in Idaho. Copies of
accident or incident reports shall be mailed to: Commission Secretary, Idaho Public
Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074 ([phone]).
Copies of such reports may also be provided by facsimile at [phone] or by
electronic mail to secretary~puc.state.id.us. The Code of Federal Regulations is
available from the Publications Division, US. Government Printing Office, 'Nashington
C. 20402. The federal regulations adopted by reference in this rule are those contained
in the compilations of 19 C.R. 225 published in the Code of Federal Regulations
volume dated October 1 , 1992, and as subsequently recompiled. (7 1 93)(
102. -- 999. (RESERVED).