20020722_214.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
DAN VICKERS
BARB BARROWS
TONY A CLARK
BEV BARKER
GENE FADNESS
WORKING FILE
DON HOWELL
JULY 17, 2002
UPDATING THE MONETARY THRESHOLD FOR REPORTING
RAILROAD ACCIDENTS/INCIDENTS, IDAPA 31-7102-0201.
In December 2001 , the Federal Railroad Administration (FRA) increased the
monetary threshold used by railroads for reporting accidents and incidents to the FRA and this
Commission. In its final rule, the FRA increased the reporting threshold for property damage to
700 effective January 1 2002. The final rule amends portions of 49 C.R. Part 225 which is
adopted by this Commission in its Railroad Accident Reporting Rule 101 , IDAPA 31.71.02.101.
Rule 101 adopted the 1992 edition of the CFR.
The Commission s Railroad Accident Reporting Rules were last updated in 1993.
Since that time, the Administrative Rules Office has adopted a number of housekeeping changes.
In particular, every rule set must now include a rule that addresses "Incorporation by Reference.
The Staff recommends that the Commission make this and other housekeeping changes as shown
in the attached draft.
COMMISSION DECISION
Does the Commission wish to update its Railroad Accident Reporting Rules which
were last updated in 1993?
Don Howell
bls/M:31-71O3-0201 dh
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 may be investigatory records exempt from public disclosure.
See section 9-337(4) 340BO), 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 governing the
Reporting of Railroad ~I\.ccidents/Incidcnts: Reports, Classification, and Investigations
c.F.R. Part 225 of the Code of Federal Regulations (October 1. 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 tmy accident~ 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 iiewell~puc.state.id.us. The Code of Federal Regulations is a'/ailable
from the Publications Di'/ision, U.S. Government Printing Office, Washington, D.
20402. The federal regulations adopted by reference in this rule are those contained in
the compilations of 49 c.F.R. 225 published in the Code of Federal Regulations volume
dated October 1 , 1992, and as subsequently recompiled. (7 1 93)(
102. -- 999. (RESERVED).