2000102_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
JEAN JEWELL
RON LAW
DAN VICKERS
DAVE HATTAWAY
WORKING FILE
FROM:
DATE: OCTOBER 2, 2000
RE: PROPOSED AMENDMENTS TO THE RAILROAD SAFETY/SANITATION RULES, CASE NO. 31-7103-0001

On July 19, 2000, the Commission initiated a rulemaking docket to update its Railroad Safety Rules found at IDAPA 31.71.03.000 et seq. On September 6, 2000, the Administrative Rules Office published the “official” changes in the Administrative Bulletin at pages 85-86. Written comments concerning the proposed changes were to be filed with the Commission Secretary no later than September 27, 2000. In a letter dated August 29, 2000, Legislative Services stated that the Senate and House Subcommittees for Review of Administrative Rules reports that “no objection will be filed” to the proposed rules. There were no other comments submitted in response to the Commission’s Notice.
THE PROPOSED AMENDMENTS
In its Notice, the Commission proposed three amendments to its Rail 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 Rail 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. A copy of the proposed changes are attached for your final review.
Commission Decision
As previously mentioned, other than Legislative Services, there were no written comments submitted regarding the proposed Railroad Safety Rules. Does the Commission wish to adopt the proposed rules as pending rules? Does the Commission wish to make any final corrections/changes to the Rules?

vld/M: 31-7103-001_dh2

DECISION MEMORANDUM 2