20071029Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:OCTOBER 26, 2007
SUBJECT:UPDATING THE COMMISSION'S RAILROAD SAFETY -SANIT A TION
RULES AND RESCINDING THE COMMISSION'RAILROAD
ACCIDENT REPORTING RULES, DOCKET NOS. 31-7103-0701 AND 31-
7102-0701
On October 3 , 2007, the Commission caused to be published in the Administrative
Bulletin two Notices of Proposed Rulemaking. The first Notice (Docket No. 31-7103-0701)
proposed to amend the Commission s Railroad Safety Rules by adopting the updated federal
hazardous material safety regulations found in the Code of Federal Regulations (CFR) as of
October 1 2007. The second Notice in Docket No. 31-7102-0701 proposed to consolidate two
sets of railroad rules by moving Railroad Accident Reporting Rule 101 (31.71.02.101) to the
Commission s Railroad Safety Rules, 31.71.03. With the transfer of this one Railroad Accident
Reporting Rule, the Commission may then repeal one of its rule sets (31.71.02). Comments on
the two rule notices were due October 24, 2007.
No person filed comments regarding the Commission s proposal to update its
railroad hazardous material regulations or to move the one Railroad Accident Reporting Rule to
the other railroad rule set. The Commission did receive a letter from Legislative Services dated
September 7, 2007 indicating the Senate and House Subcommittees for Review of
Administrative Rules had no objections to the proposed rules.
COMMISSION DECISION
Given the lack of any adverse comments, does the Commission wish to adopt the two
proposed rules as its pending rules? Does the Commission desire to publish its Notice of
DECISION MEMORANDUM
Pending Rule and Notice of Pending Rule Repeal in the upcoming edition of the Administrative
Bulletin and submit the pending rules for legislative review in 2008?
f)~
Don Howell
bls!N:31-71O2 7103-0701 Decision Memo dh2
DECISION MEMORANDUM