31-7103-0001_Rules_dh.doc

IDAPA 31
TITLE 71
Chapter 03
31.71.03 - RAILROAD SAFETY/SANITATION RULES

000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the general authority of the Idaho Public Utilities Law, Chapters 1-7, Title 61, Idaho Code, and the specific authority of Sections 61-515 and 61-515A, Idaho Code. (7-1-93)( )

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008. INCORPORATION BY REFERENCE—CODE OF FEDERAL REGULATIONS (Rule 008).
The Code of Federal Regulations (CFR) is referred to in Rule 103. 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 Parts are also available for inspection and copying at the office 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 reference. ( )

0089. -- 100. (RESERVED).

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103. TRANSPORTATION OF HAZARDOUS MATERIAL BY RAIL (Rule 103).
01. Hazardous Material Defined. “Hazardous material” means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated by the Secretary of Transportation. The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials as defined in 49 C.F.R. ( 171.8, materials designated as hazardous under the provisions of 49 C.F.R. ( 172.101, and materials that meet the defining criteria for hazardous classes and divisions in 49 C.F.R. Part 173. ( )

02. Adoption of Federal Safety Regulations. The Commission hereby adopts by reference 49 C.F.R. Parts 107, 171, 172, 173, 174, 178, 179, and 180 (October 1, 1999). All customers offering hazardous materials for shipment by rail and all railroads operating in Idaho that transport hazardous materials listed in, defined by, or regulated by the adopted federal safety regulations must comply with 49 C.F.R. Parts 107, 171, 172, 173, 174, 178, 179 and 180. ( )

03. Recognition of Federal Exemptions. Whenever a railroad or shipper has applied to a federal agency and has been granted an exemption from the transportation or packaging requirements of the federal safety regulations adopted in Rule 103.02, the federal exemption will also be recognized under these rules. The Commission shall not administer a program to duplicate consideration or approval of federal exemptions on a state level. ( )

1034. -- 999. (RESERVED).