GO205.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

GENERAL ORDER NO.  205

ADOPTION OF PENDING RULE

On July 19, 2000, the Commission issued a Notice of Proposed Rulemaking to adopt several amendments to its Railroad Safety/Sanitation Rules, IDAPA 31.71.03. In its Notice, the Commission observed that the transportation of hazardous materials by rail is governed by federal safety regulations. The Commission proposed to adopt the federal hazardous material safety regulation promulgated by the U.S. Department of Transportation. Adoption of the federal safety regulations will provide for uniform and seamless hazardous material safety regulations for rail transportation in Idaho.
On September 6, 2000, the Administrative Rules Office published the proposed amendments in the Administrative Bulletin, Volume 00-9 at pages 185-86. The Commission proposed to adopt portions of Title 49 of the Code of Federal Regulations dealing with the transportation of hazardous materials by rail including Parts 107, 171, 172, 173, 174, 178, 179, and 180 (October 1, 2000). Written comments concerning the proposed changes were to be filed with the Commission Secretary no later than September 27, 2000. There were no comments submitted in response to the Commission’s Notice.

THE PROPOSED AMENDMENTS
In its Notice, the Commission proposed three amendments to its Railroad Safety Rules. First, the Commission proposed to amend Rule 000 (Legal Authority) to include a reference to Idaho Code § 61-615. Second, the Commission proposed that a new Rule 8 be added indicating that the Railroad Safety Rules adopt portions of the Code of Federal Regulations. Proposed Rule 8 is a housekeeping item required by the Office of Administrative Rules.
The third amendment concerns the addition of a new Rule 108. Rule 108 proposes to adopt the federal hazardous material safety regulations pertaining to the transportation of hazardous materials by rail. Subsection .01 contains the definition of hazardous materials as found in 49 C.F.R. § 171.8. Subsection .02 identifies the specific CFR parts adopted in the rule. Subsection .03 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.

FINDINGS
The Commission finds it reasonable and appropriate to adopt the proposed amendments to our Railroad Safety/Sanitation Rules. As noted in the Notice of Proposed Rulemaking, the Commission has entered into a cooperative agreement with the Federal Railroad Administration for the implementation of a federal-state hazardous material inspection program. Adoption of these rules will provide uniform hazardous material safety rules for rail transportation in Idaho. We find it reasonable and appropriate to adopt the federal hazardous materials safety regulation pertaining to the shipment of hazardous materials by rail in Idaho. Adoption of these rules protects the public and rail employees and is in the public interest.

GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the proposed amendments to its Railroad Safety/Sanitation Rules and that they be transmitted to the Administrative Rules Coordinator for publication in the next Administrative Bulletin on December 6, 2000.
IT IS FURTHER ORDERED that the pending rules and amendments adopted in this Order shall be submitted to the 2001 Legislature for review. If approved the pending rules shall become final and effective, unless rejected or amended, upon legislative approval by concurrent resolution or upon the date specified in the concurrent resolution.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) in Case No. 31-7103-0001 may seek judicial review under Idaho Code § 67-5270 and Commission Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this Order.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

Vld/O:31-7103-0001-dh

GENERAL ORDER NO. 205 3