20030725Notice of Proposed Rule.pdf

IDAPA 31-IDAHO PUBLIC UTILITIES COMMISSION
31.71.03-RAILROAD SAFETY/SANITATION RULES
DOCKET NO. 31-7103-0301
NOTICE OF PROPOSED RULE
AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the
Public Utilities Commission s proposed rulemaking. This action is authorized pursuant to Sections 61-
515 and 61-113, Idaho Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled
only if requested in writing by twenty-five (25) persons, political subdivision, or an agency, no later than
September 17, 2003. The hearing site will be accessible to persons with disabilities. Requests for
accommodations must be made no later than five (5) days prior to the hearing, to the Commission
address set out below.
DESCRIPTIVE SUMMARY: In March 2003, the u.S. Department of Transportation in conjunction
with the Department of Homeland Security issued new rules to enhance the security of hazardous
materials transported by railroads. The amended safety rules (to be codified in scattered sections in 49
R. Part 172) require shippers of hazardous materials and railroads to develop and implement
security plans. 68 Fed. Reg. 14510 (March 25 , 2003). Briefly, security plans are to address risk
assessments, personnel security, unauthorized access to materials, and in-route transportation safety. In
addition, the federal rules require shippers and transporters of hazardous materials to provide security
awareness training to their employees. The Commission proposed to adopt these new safety rules by
incorporation.
FEE SUMMARY: There are no fees associated with this proposed ru1emaking.
NEGOTIATED RULEMAKlNG: Pursuant to IDAPA 04.11.01.0811 , negotiated rulemaking was not
conducted because the proposed rule merely adopts existing federal safety regulations applicable to
shippers and transporters of hazardous materials by rail.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS:
For assistance on technical questions concerning the proposed rule, contact Donald L. Howell, II
Deputy Attorney General at [phone].
Anyone may submit written comments regarding these proposed rules. All written comments
concerning the proposed rules must be delivered to the Commission Secretary at the address identified
below or must be postmarked on or before September 24, 2003.
DATED at Boise, Idaho this day of July 2003.~lQJe . Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5983
IDAP A 31
TITLE 71
CHAPTER 03
31.71.03-RAILROAD SAFETY/SANITATION RULE
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
R. Section 171.8, materials designated as hazardous under the provisions of 49 C.
Section 172.101 , and materials that meet the defining criteria for hazardous classes and divisions
in 49 c.F.R. Part 173.(3-30-01)
02. Adoption Of Federal Safety Regulations. The Commission hereby adopts by
reference 49 C.R. Parts 107, 171 , 172, 173 , 174, 178, 179, and 180 (October 1 , 2000J). 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.R. Parts 107, 171 , 172, 173 , 174, 178, 179 and 180.
(3 30 01)(
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 Subsection 103., 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. (3-30-01)
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules):
IDAPA, Title, and Chapter Number and Chapter Name:
31. 71.03, Railroad Safety and Sanitation Rules
Agency: Public Utilities Commission
31-7103-0301
Agency Contact and Phone Number:Don HowelL 334-0312
Legal Authority for rulemaking - Idaho Code Section(s):61-515 and 61-113
This rulemaking is a: (Check at least one. It may be necessary to check more than one.
Negotiated Rule
Temporary Rule
Proposed Rule
Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection of the public health, safety, or welfare; or
Compliance with deadlines in amendments to governing law or federal programs; or
Conferring a benefit.
Pending Rule Date Pending Rule Will Become Effective:
Correction to Pending Rule Vacation of Rule making-
Amendment to Temporary Rule Rescission of Temporary Rule
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
YES. 49 CPR ~ 172.802 and 172.704(a)(4-5).
HAVE YOU.. .
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
3. Provided nine hard copies of the Notice of Rulemaking and the text ofthe rule changes to the
Legislative Services Office?
HAVE YOU INCLUDED. . .
1. An approved Proposed Administrative Rules Form?
2. A 3 1/2 inch diskette containing the Notice of Rulemaking and the complete text of the rule changes
in Word Perfect or Microsoft Word?
3. An 8 1/2 by 11 hard copy of the Notice of Rulemaking and the complete text of the rule changes?