20051101Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:OCTO BER 28, 2005
SUBJECT:UPDATING THE COMMISSION'S RAILROAD SAFETY RULE 103
REGARDING THE TRANSPORT TION OF HAZARDOUS MATERIAL,
DOCKET NO. 31-7103-0501
In August 2005, the Commission issued a Notice of Proposed Rulemaking
incorporate several recent changes to the federal regulations concerning the transportation of
hazardous material by rail addressed in Railroad Safety Rule 103. During the past 12 months
the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) made several
changes to its federal HAZMA T regulations. The Commission proposed to adopt these changes
by adopting the updated Code of Federal Regulations dated October 1 2005.
The Commission s Notice of Proposed Rulemaking was published on October 5
2005. Comments were to be submitted to the Commission no later than October 26, 2005. Only
one comment was received. In a letter dated September 16 2005, the Legislative Services Office
indicated that the Senate and House Subcommittees for Review of Administrative Rules had
examined the proposed rule change. The letter stated that no "meeting will be held, and we are
pleased to report that no objections will be filed (to the proposed rule).
COMMISSION DECISION
Does the Commission wish to update its rail safety Rule 103 by incorporating the
2005 edition of the Code of Federal Regulations? Does the Commission wish to adopt its
proposed rule as the pending rule? Does the Commission wish to issue a Notice of Pending Rule
to be published in the Administrative Bulletin on January 4, 2006?
Don Howell
blslN:31-71O3-0501 OecMemo dh2
IDAP A 31
TITLE
CHAPTER 03
31.71.03 - RAILROAD SAFETY/SANITATION RULES
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.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 , 200~5). 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 20 011(
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)