20080825Legislative Services Memo.pdf

Legislative Services Offce
Idaho State Legisilitt~
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Jeff Youtz
Director
MEMORANDUM Rl)L-R~Q8-ö1
TO:Germane Subcommittees for Administrative Rules Review of the Senate and
House of Representatives State Affairs Committees
Research and Legislation Staff, Nugent \'~tJFROM:
DATE:August 21,2008
SUBJECT: Proposed Rules of the Public Utilties Commission Relating to Railroad Safety and
Accident Reporting - IDAPA 31.71.03 (Docket #31-7103-0801)
The Public Utilities Commission is proposing to update its railroad safety and accident reporting
rules by adopting the 2008 version of certain federal regulations. By doing this, the Commission
is proposing to :
1. Add thirt new substances to the list of hazardous substances contained in 49 CFR Par 172;
2. Require hazardous material shippers to provide emergency response telephone numbers on the
new material shipping documents;
3. Add new entries to the hazardous material listing and new rail car placarding requirements;
4. Develop alternative emergency response actions for various concentrations of ethanol and
alcohol in gasoline mixtures;
5. Require railroads to compile anual data on certain shipments of explosives, "toxic by
inhalation," and radioactive materials. Rail carriers are to use the data and analyze safety and
security risks along rail routes and assess alternative routing options. Railroads also must
inspect placarded hazardous material rail cars for signs of tampering or suspicious activities.
It appears the proposed rules have been promulgated within the statutory authority granted to the
Public Utilities Commission.
cc: Public Utilities Commission
Jean p. Jewell, Commission Secretar
Donald L. Howell, Deputy Attorney General.
Mike Nugent, Manager
Research & Legislation
Cathy Holland-Smith, Manager
Budget & Policy Analysis
Don H. Berg, Manager
Legislative Audits
Glenn Harris, Manager
Information Technology
Statehouse, P.O. Box 83720
Boise, Idaho 83720-0054
. Tel: [phone]
ww.legislature.idaho.gov