20080730Notice of Rulemaking.pdf

IDAPA 31- IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
DOCKET NO. 31-7103-0801 Rü L -í.-Ó 8.-- (
NOTICE OF RULE MAKING - 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. This action
is authorized pursuant to Sections 61-515 and 61-515A, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking wil be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than September 17, 2008. The hearing site wil 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 non-technical explanation of the substance
and purose of the proposed rulemaking:
The Commission's Railroad Safety and Accident Reporting Rules currently adopt by reference
federal hazardous material safety regulations. In paricular, Rule 103.02 adopts the federal
hazardous material regulations found in Title 49, Code of Federal Regulations (CFR) dated
October 1, 2007. The Commission is proposing to update Rule 103.02 by adoption of the
October 1, 2008 edition of the CFR. Major revisions to be included in the 2008 edition of the
CFR include: Adding 30 new substaces to the list of hazardous substances contained in 49
C.F.R. Part 172 (73 Fed.Reg. 1089 (Jan. 7, 2008)); requiring hazardous material shippers to
provide emergency response telephone numbers on the material shipping documents (Par 172);
adding new entries to the hazardous material listing and new rail car placarding requirements;
and developing alternative emergency response actions for various concentrations of ethanol and
alcohol in gasoline mixtures (49 C.F.R. Pars 171, 172, 173, 178, and 180). 73 Fed.Reg. 4699
(Jan. 28, 2008).
Finally, the Commission proposes to adopt changes to 49 C.F.R. Parts 172 and 174 that require
railroads to compile anual data on certain shipments of explosives, "toxic by inhalation," and
radioactive materials. Rail cariers are to use the data to analyze safety and security risks along
rail routes and assess alternative routing options. Railroads must also inspect placarded
hazardous material rail cars for signs of tampering or suspicious activities. These new safety
rules implement recommendations of the 9/11 Commission Act of 2007. 73 Fed.Reg. 20751
(April 16, 2008).
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
e e
FISCAL IMPACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.1 1.01.811, negotiated rulemaking
was not conducted because this proposed rule adopts updated CFR pars necessary for the safe
transportation of hazardous materials by raiL.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on techncal questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit wrtten comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretar and must be delivered on or before
September 24,2008. Persons desiring to comment are encouraged to submit wrtten comments
at their earliest convenience rather than wait until the comment deadline.
DATED this 'ß~y of July 2008.
Joan. ~L). ~
Commission Secretar
Idaho Public Utilties Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
e e
IDAPA 31
TITLE 71
CHAPTER 03
31.71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING 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 Secreta of Transportation. The term
includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature
materials as defined in 49 C.F.R. Section 171.8, materials designated as hazardous under the
provisions of 49 C.F.R. Section 172.1 01, and materials that meet the defining criteria for
hazardous classes and divisions in 49 C.F.R. Par 173. (3-30-01)
02. Adoption of Federal Safety Regulations. The Commission hereby adopts by
reference49 C.F.R. Pars 107, 171, 172, 173, 174, 178, 179, and 180 (October 1, ;W2008). 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. Pars 107, 171, 172, 173, 174, 178, 179 and 180.
(4 2 08)( )
03. Recognition of Federal Exemptions. Whenever a railroad or shipper has applied
to a federal agency and has been granted an exemption from the transporttion or packaging
requirements of the federal safety regulations adopted in Subsection 103.02, the federal
exemption wil 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)
e e
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Offce of Administrative Rules): 31-7103-0801
(OAR wil assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAP A, Title, and Chapter Number and Chapter Name:
31.71.03 - Railroad Safety/Sanitation Rules
Agency: Idaho Public Utilties Commission
Agency Contact and Phone Number: Don Howell - 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-515 and 61-515A
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking l- TemporarylProposed Rulemaking
Temporar Rulemaking _ Effective Date of Temporary Rule:
Temporary Rule Justifcation (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 Wil 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 have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
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, Pars 171, 172, 173, 178, and 180
HAVE YOU. ..
X
X
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED. . .
X 1. An approved Proposed/Temporar Administrative Rules Form (PARF)?
X 2. An electronic version ofthe Notice and complete text of the rule changes in Microsoft Word?
X 3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?
-e
DFM Tracking No.
900-3
State of Idaho
DIVSION OF FINANCIA MANAGEMENT
Executive Offce of the Governor
Agency Name:Idaho Public Utilties Commission 900
Contact Person: Title: Dep. Atty. General
Don Howell/Ron Law Exec. Administrator Phone:
334.0312
Date:334.3762 6/30/2008
Email: don.howel/lipuc.idaho.gov
ron.lawlipuc.idaho.gov
Person Authorizing Rule:
Mack Redford
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61-515
Title, Chapter, and Possible Docket (IDAPA) Number:
RailroadSafe /Sanitation Rules,.31.71.03 31.7103-0801
This Rule is: X Proposed 0 Temporary Effective Date:
End of 2009 Legislative Session
If Temporary Rule: N/A
o Necessary to protect the public health, safety, or welfare; or
o Compliance with deadlines in amendments to governing law or federal programs; or
o Conferring a benefit.
If this is a temporary rule which imposes a fee or charge, provide justification as described in Idaho Code 67.
5226(2): N/A
Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected:
The only fiscal impact is approximately $300 for rulemaking. There is no affect on the general fund because the
PUC is a non-general fund agency.
Need for Proposed Rule Change:
The proposed amendments to the Railroad Safety/Sanitation Rules are necessary to keep current with changes
made to the federal safety regulations for railroads, their employees, and rail shippers.
Proposed Rule Changes (Summary Only):
The Commission has adopted the certain safety regulations for railroads, their employees, and rail shippers as
part of its rail safety program. The proposed amendments to the Railroad Safety/Sanitation Rules adopt updated
changes to federal railroad safety regulations from 2007.
Interest Group(s) or Citizens Affected:
Railroads, Rail Shippers and the public.
Section 3 (DFM Use Only)
DFM Analyst Comments:
Currently, federal monies provide for 40%-50% of total agency program costs. As part of the funding agreement,
states must adopt all federal regulations within two years of federal adoption, or funding wil be cut. In addition,
rail 0 erators must com I with the federal safe re ulations, re ardless of state com Iiance. The ro osed
Revised: March 11, 2008
~ L -e
changes include Part 172, HM-145N, Effective March 31, 2008. Adds 30 new hazardous substances to the current
list of hazardous substances regulated by 49 Code of Federal Regulations. Aligns Environmental Protection
Agencies regulations with Department Of Transportation regulations.
Part 172 and 174, HM-232F, Effective June1, 2008. Requires rail carriers to compile and analyze certain
shipments of Explosives, Radioactive, and Toxic by Inhalation materials for transportation routing away from
large population centers. Requires carrier inspection of placarded rail cars for evidence of tampering, suspicious
activity and addresses en route storage and delays in security plans. These updates implement recommendations
of the 9/11 Commission Act of 2007
Part 171,172,173,178 and 180, HM-218D, Effective October 1,2008. Adds new entries to the hazardous
material listing and additional rail car placarding requirements to the 49 Code of Federal Regulations for various
ethanol, alcohol and gasoline blends. Alternate emergency response actions are required for various
concentrations of ethanol and alcohol in gasoline mixtures.
Part 172, HM-206F, Effective July 1,2008. Requires hazardous material shippers to provide emergency
res onse tele hone numbers on the material shi in documents.
DFM Analyst Fiscal Impact Review:
Not adopting federal changes wil cut state funding, and operators would stil have to follow the federal
. guidelines.
DFM Analyst Signature & Date:Recommend:
X Yes 0 NoMaria Barratt 7/9/08
Gov Special Assistant Signature & Date:Recommend:
X Yes 0 No
Appr i:
Yes 0 No
John Chatburn 7/10/08
DFM Administrator Sig
Received by DFM from Agency 7/2108
1
7/3/08 6
7/9/08 1
7/10/08 0
7/10/08 0
7/10/08
Received by DFM Analyst from Coordinator
Received by Coordinator from Analyst
Received by Governor's Special Assistant from Coordinator
Received by Coordinator from Governots Special Assistant
Received by DFM Administrator
Return via email to: infoØidfm.idaho.gov
Revised: March 11, 2008