20030926Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:SEPTEMBER 26, 2003
RE:UPDATING THE COMMISSION'S RAILROAD SAFETY RULES,
DOCKET NO. 31-7103-0301
On September 3 , 2003, the Commission caused to be published in the Administrative
Bulletin a notice that it intended to amend its Railroad Safety Rule 103, IDAPA 31.71.03.103.
In its Notice of Rulemaking, the Commission explained that the u.S. Department of
Transportation in conjunction with the Department of Homeland Security had 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 c.F.R. Part 172) requires shippers of hazardous
materials and railroads to develop and implement security plans. These federal safety rules were
published in the Federal Register in March 2003. 68 Fed. Reg. 14510 (March 25, 2003). The
Commission proposed to incorporate these new safety rules by adopting the October 2003
edition of the Code of Federal Regulations and specifically the security amendments contained in
49 C.R. Part 172.
The Commission s Notice invited interested persons to submit written comments no
later than September 24, 2003. No public comments were received. The Legislative Services
office did indicate that the Senate and House Subcommittees for review of Administrative Rule
did examine the proposed change. Legislative Services' letter stated that no "meeting will be
held, and we are pleased to report that no objections will be filed (to the proposed rulemakingJ."
The proposed amendment to Railroad Safety Rule 1 03 is attached for your consideration.
DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to adopt the proposed rule as a pending rule? Does the
Commission wish to issue a Notice of Pending Rule to be published in the Administrative
Bulletin on November 5, 2003?
Don Howell
VldfN:31-7103-0301 DecMemo dh2
DECISION MEMORANDUM
IDAPA31
TITLE 71
CHAPTER 03
31.71.03-RAILROAD SAFETY/SANITATION RULE
103.TRANSPORTATION OF HAZARDOUS MATERIAL BY RAIL (Rule 103).
01. Hazardous Material DefIDed. "Hazardous material" means a substance or material
which has been determined by the United States Secretary of Transportation to be capable
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
- -
suDstance-, hazardous wastes, marine polIutants, e1evated 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.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 , 2000~). 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 ITom 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)