31-7103-0001_pucnotice_dh.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S RAILROAD SAFETY/SANITATION RULE (IDAPA 31.71.03.000 ET SEQ. )
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CASE NO. 31-7103-0001

NOTICE OF PROPOSED RULEMAKING

In this Notice, the Commission proposes to adopt several amendments to its Railroad Safety/Sanitation Rules, IDAPA 31.71.03.000 et seq. Since these rules were last updated in 1993, the Commission has entered into a cooperative agreement with the Federal Railroad Administration (FRA) for the implementation of a federal-state hazardous material inspection program. Under the cooperative agreement, the Commission’s Hazardous Material Inspector performs hazardous material inspections on railroads operating in Idaho.
The transportation of hazardous materials by rail is governed by federal safety regulations. The Commission proposes that the federal hazardous material safety regulations promulgated by the U.S. Department of Transportation be adopted by rule in Idaho. This will provide uniform and seamless hazardous material safety regulations. Accordingly, the Commission is proposing to adopt the following parts of Title 49 to the Code of Federal Regulations:

Part 107 Hazardous Materials Program Procedures Part 171 General Information, regulations, and definitions Part 172 Hazardous materials table, special provisions, hazardous materials communications, emergency response information and training requirements Part 173 Shippers—general requirements for shipments and packagings Part 174 Carriage by rail Part 178 Specifications for packagings Part 179 Specifications for tank cars Part 180 Continuing qualification and maintenance of packagings
THE PROPOSED AMENDMENTS
The Commission proposes three amendments to its Railroad Safety/Sanitation Rules. The first is an amendment to Rule 000 to include a reference to the Commission’s statutory authority to promulgate safety rules, Idaho Code ( 61-515. This section authorizes the Commission to establish safety regulations to “promote and safeguard the health and safety of [railroad] employees, customers and the public.…” The second is a housekeeping item. Rules that adopt or incorporate codes, standards, and other published regulations must indicate where the referenced material may be reviewed, copied or purchased. Consequently, proposed Rule 8 indicates where the incorporated federal regulations may be reviewed, copied, or purchased.
Third, Rule 103 proposes to adopt the federal hazardous materials safety regulations pertaining to the transportation of hazardous materials by rail. Subsection 01 contains the definition of hazardous material as found in 49 C.F.R. ( 171.8. Subsection 2 identifies the specific CFR Parts adopted. Subsection 3 states that an exemption to the federal hazardous materials safety regulations obtained by a railroad or a shipper (pursuant to 49 C.F.R. ( 107.101 through 107.125(b)), will be recognized by the Commission.
NOTICE OF PROPOSED RULEMAKING
The Idaho Public Utilities Commission hereby gives notice of its proposal to amend its Railroad Safety/Sanitation Rules, IDAPA 31.71.03.000. Two Appendices are attached to this Notice of Proposed Rulemaking. Appendix A is a Notice of Proposed Rulemaking suitable for transmission to the Administrative Rules Coordinator. As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is September 27, 2000. Appendix B shows the proposed rules in legislative format.

PROPOSED by the Idaho Public Utilities Commission at Boise, Idaho this ______ day of July 2000.

DENNIS HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J.Walters
Commission Secretary

Vld/N: 31-7103-0001_dh

NOTICE OF PROPOSED RULEMAKING 2