HomeMy WebLinkAbout20151116_4830.pdfDECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER RAPER
COMMISSION SECRETARY
JOE LECKIE
FROM: DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE: NOVEMBER 12, 2015
SUBJECT: UPDATING THE COMMISSION’S RAILROAD SAFETY AND ACCIDENT
REPORTING RULES, IDAPA DOCKET NO. 31-7103-1501 (CASE NO. RUL-R-15-
01)
On October 7, 2015, 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 2013 edition of the Code of Federal Regulations. The Commission’s Rulemaking
Notice proposed to adopt the October 1, 2014 edition of the CFRs for both rules.
The Notice required that written comments be submitted to the Commission no later than
October 28, 2015. No person filed comments regarding the Commission’s proposed changes to the
Railroad Safety Rules. The Commission did receive two letters from the Legislative Services Office
(LSO). The first letter advised the Commission that its rulemaking was within its statutory authority. The
second letter indicated 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 2016.
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 January 6, 2016 edition of the
Administrative Bulletin and submit the pending rule for legislative review in 2016?
Don Howell
Don Howell
Deputy Attorney General
bls/N:31-7103-1501_dh2_Dec Memo