20050819Notice.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 - RAILROAD SAFETY/SANITATION RULES
DOCKET NO. 31-7103-0501
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. The action
is authorized pursuant to Sections 61-515 and 61-113 , Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 19, 2005. The hearing site will be accessible to persons with
disabilities. Requests for accommodation must be made not later than five (5) days prior to the
hearing, to the agency address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued
several changes to the federal regulations concerning the transportation of hazardous materials
by rail. PHMSA has clarified which functions in the rail transportation chain are subject to the
federal hazardous materials regulations (HMRs) and which are not subject to HMRs. More
specifically, the "pre-transportation function" (the loading of packaged hazardous material on a
rail car), the transportation of the car by a railroad, and "storage incidental" to the transportation
(storage between the time the railroad takes physical possession of the car containing hazardous
materials and when the car is delivered to its destination), are all subject to the federal HMRs.
Delivery of a rail car carrying hazardous material to tracks that are used solely by the receiving
customer (e., private track or private siding) is not subject to the HMRs. The HMRs do not
apply to rail movements solely within a contiguous facility where public access is restricted, or
to the unloading of a hazardous material car after the railroad has delivered the car to the
customer.
PHMSA also adopted changes that align the HMRs with the International Atomic Energy
Agency requirements regarding the rail transportation of Low Specific Activity (LSA) materials.
Finally, PHMSA added a definition of "person who offers or (the) offeror" to the HMRs. The
Commission proposes to adopt these new amendments to the federal HMRs by incorporation.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , 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.
ASSIST ANCE 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 October 26 2005.
DATED at Boise, Idaho this /9.fA day of August 2005.
~t:J
J a D. Jewell
mmission 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
IDAPA 31
TITLE
CHAPTER 03
31.71.03 - RAILROAD SAFETY/SANITATION RULES
103.TRANSPORT A TION 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
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., 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 , 200 ). 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.F .R. Parts 107, 171 , 172, 173 , 174, 178, 179 and 180.
(3 20 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 )
Aug.11.2005 4:49PM Diy. Financial Mgmt.No.2751 p.
Pro osedlTem ora Administrative Rules FormAgency Name: STARS Agency Code: 31 Phone Number: 334-0330
Idaho Public Utilities Commission
Contact Person: Ron Law FAX Number: 334-3762
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 951-515 and 61-515A
Title, Chapter, and Possible Docket (ICAPA) Number:
Railroad Safe ISanitation Rules 31-7103-0501
This Rule Is: Proposed D Temporary Effective Date:
If Temporary Rule:
Necessary to protect the public health. safetYJ or we!fare;
I:J Compliance with deadlines In amendments to governing law or federal programs; orConferring a benefit.
If this Is a temporary rule which Imposes a faG or charge. provide Justification as described In
Idaho Code 67-8226(2):
N/A
Provide a fiscal Impact statement, both positive and negative, by fund source for aU programsaffected:
. Publication costs about $210 from PUC's dedicated fund.
Need for Proposed Rule Change:
The commission s railroad safety/sanitation rules currently adopt by reference several federal hazardous
materiels regulations applicable to railroads. These proposed rule changes reflect the recent changes to
those federal rules and would keep the commission s rules concurrent with the federal rules regarding the
transportation of hazardous materials by rail.
Proposed -Rule Changes (Summary Only):
Redefines functions of pre-transportation and transportation. Clarifies unloading and storage of hazardous
material on shippers' property as non-regulated functions. DefInes terms for person who offer hazardous
material and provides packaging requIrements for very low..grade radioactive material.
Interest Group(s) or Citizens Affected:
. Railroads I rail shippers and the general public.
DFM Analyst Comments:
(DFM's Use Only)
Internal Admin. Rule No.
A~roved:
/1S...~.Yes r::J
Approv d:
Yes t:J No
sion of inanclal Management, StatehousePO x 83720 Boise, Idaho 83720-0032
Mail: inf .
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-7103-0501
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.
IDAPA, Title, and Chapter Number and Chapter Name:
31.71.03 - Railroad Safety/Sanitation Rules
Agency: Idaho Public Utilities Commission
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 Rulemaking Proposed Rulemaking Temporary/Proposed Rulemaking
Temporary Rulemaking 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:
Amendment to Temporary Rule Rescission of Temporary Rule
Correction to Pending Rule Vacation of Rulemaking
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.
No.
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
No.
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
Yes. Code of Federal Regulations, Title 49, Parts 107, 171 , 172, 173 , 174, 178 , 179, 180
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 of the rule changes to the
Legislative Services Office? Provided one hard copy if Temporary only?
HA VE YOU INCLUDED. .
1. An approved Proposed/Temporary Administrative Rules Form (P ARF)?
2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?