20220222Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER AI\DERSON
COMMISSIONER CHATBTJRN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:TAYLOR R. BROOKS
DEPUTY ATTORNEY GENERAL
DATE: FEBRUARY 9,2022 6r,un-U- 2 2-O /
SUBJECT: IN THE MATTER OF ADOPTING TIIE 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. Since issuing Order 35095,
Staffofthe pipeline and railway safety progftrm ("Staff') have begun utilizing an electronic format
of the railroad and pipeline and hazardous materials safety regulations found in Title 49 of the
Code of Federal Regulations.
STAFF RECOMMENDATION
Accordingly, to stay abreast of electronic updates to the railroad and pipeline safety
regulations, Staff recommends that the Commission adopt the electronic version of Title 49 of
the Code of Federal Regulations, Parts 191,192,193,195, and 199 for pipeline and Parts 107,
17 1, 17 2, 17 3, 17 4, 17 8, 17 9, 1 80, and 225 for railroad.
COMMISSION DECISION
Does the Commission wish to issue an Order, effective March 1,2022, adopting
the electronic version of Title 49 of the Code of Federal Regulations, Parts l9l, 192,193,195,
and 199 forpipeline and Parts 107,171,172,173,174,178,179, 180, and225 forrailroad?
IDECISION MEMORANDUM
Deputy Attorney General
2DECISION MEMORANDUM