HomeMy WebLinkAbout20131028_4211.pdfDECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
JOE LECKIE
ELLIS HIRE
FROM: DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 25, 2013
SUBJECT: UPDATING THE COMMISSION’S RAILROAD SAFETY AND ACCIDENT
REPORTING RULES, IDAPA DOCKET NO. 31-7103-1301 (CASE NO. RUL-R-13-
01)
On October 2, 2013, the Commission caused to be published in the Idaho Administrative
Bulletin a Notice of Proposed Rulemaking to update its Railroad Safety and Accident Reporting Rules
(IDAPA 31.71.01). The Commission’s Railroad Safety Rules adopt by reference the federal safety
regulations pertaining to the transportation of hazardous materials by rail. Currently, Rules 103 and 104
adopt by reference the 2011 and 2010 editions of the Code of Federal Regulations, respectively. The
Commission’s Rulemaking Notice proposed to adopt the October 1, 2013 edition of the CFRs for both
rules.
The Notice required that written comments be submitted to the Commission no later than
October 23, 2013. No person filed comments regarding the Commission’s proposed changes to the
Railroad Safety Rules. The Commission did receive a letter from the Legislative Services Office indicating
that the Senate and House Subcommittees for review of administrative rules have reviewed the proposed
changes and these subcommittees have no objections to the proposed rule. Consequently, Staff
recommends that the Commission adopt its proposed rule as a pending rule and submit the updated rules
for legislative review in 2014.
COMMISSION DECISION
Does the Commission wish to adopt the proposed rule as its pending rule? Does the
Commission desire to publish its Notice of Pending Rule in the December 4, 2013 edition of the
Administrative Bulletin and submit the pending rule for legislative review in 2014?
bls/N:31-7103-1301_dh2_Dec Memo