20070814Notice of Proposed Rulemaking.pdf

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IDAPA 31- IDAHO PUBLIC UTILITIES COMMISSION
31.71.02 - RAILROAD ACCIDENT REPORTING RULES
DOCKET NO. 31-7102-0701
NOTICE OF PROPOSED RULEMAKING -- REPEAL OF CHAPTER
AUTHORITY: In compliance with Section 67-5226, Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission proposes to repeal its Railroad Accident Reporting Rules.
This action is authorized pursuant to Section 61-515, 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 18 , 2007. 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 Commission s address below.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for rescinding the temporary rule.
IDAPA 31.71.02.101 of the Railroad Accident Reporting Rules adopts 47 C.R. Part 225.
which requires all railroads to file a copy of an accident or incident report with the Commission
when such report is required to be filed with the Federal-Railroad Administration. The
Commission is proposing to move the text of Rule 101 to the Railroad Safety/Sanitation Rules
IDAPA 31.71.03. This transfer is proposed in Docket No. 31-7103-0701. After the transfer of
this one rule to the Railroad Safety/Sanitation Rules, the Commission proposes to repeal its
Railroad Accident Reporting Rules at 31.71.02. Consolidating these rules will streamline the
Commission s railroad rules.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was not conducted because of the nature of the proposed action.
ASSIST ANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the rescission of these rules
contact Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
October 25, 2007. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this J:fday of August 2007.
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