20220201_tb1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: TAYLOR R. BROOKS
DEPUTY ATTORNEY GENERAL

DATE: FEBRUARY 1, 2022

SUBJECT: IN THE MATTER OF ADOPTING THE COMMISSION’S SAFETY
REGULATIONS BY SPECIAL ORDER

BACKGROUND
On June 30, 2021, the Commission adopted safety and accident reporting rules
(previously IDAPA 31.11.01) and railroad safety rules (previously IDAPA 31.71.01). See Order
No. 35095. In that Order, the Commission incorporated by reference the 2019 federal regulations
regarding Pipeline and Hazardous Material Safety Administration.
STAFF RECOMMENDATION
Since issuing Order 35095, the pipeline and hazardous material safety code of federal
regulations has been substantially updated. As such, Staff recommends the Commission issue a
new Order adopting the code of federal regulations for pipeline and hazardous material safety as
revised in the most current format as listed on the Code of Federal Regulations website1. Staff
requests the Commission’s Order take effect March 1, 2022, to allow operators sufficient notice
for any changes in the code.
COMMISSION DECISION
Does the Commission wish to issue an Order, effective March 1, 2022, adopting the
code of federal regulations for pipeline and hazardous material safety as revised in the most current
format as listed on the Code of Federal Regulations website?

______________________________
Taylor R. Brooks
Deputy Attorney General
I:\Legal\z_RULES\PHMSA_dec_tb.docx

1 https://www.govinfo.gov/app/collection/cfr/2020/title49/subtitleB/chapterI