HomeMy WebLinkAbout2000712_dh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
DAN VICKERS
TONYA CLARK
DAVE HATTAWAY
WORKING FILE
FROM:
DATE:
JULY 12, 2000 RE: PROPOSED AMENDMENTS TO THE RAILROAD SAFETY/SANITATION RULES, CASE NO. 31-7103-0001
The Commission’s Railroad Safety/Sanitation Rules (IDAPA 31.71.03.000 et seq.) were last updated in 1993. Since that time, 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 Railroad Hazardous Material Inspector performs hazardous material inspections on railroads operating within Idaho.
The transportation of hazardous materials by rail is governed by federal safety regulations. The Commission Staff 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 Staff is recommending that the Commission adopt the following parts of Title 49 to the Code of 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
Submitted for your review are three proposed amendments to the Commission’s 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.
Commission Decision
Does the Commission wish to proposed amendments to its Railroad Safety Rules to include adoption of the federal hazardous material safety regulations applicable to the transportation of hazardous materials?
vld/M: 31-7103-0001_dh
DECISION MEMORANDUM 2