20080926Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY A TTO RNEY GENERAL
DATE:SEPTEMBER 26, 2008
SUBJECT:UPDATING THE COMMISSION'RULES REGARDING THE
TRANSPORTATION OF HAZARDOUS MATERIALS BY RAIL, IDAPA
DOCKET NO. 31-7103-0801 (CASE NO. RUL-08-01)
On September 3 , 2008 , the Commission caused to be published in the Administrative Bulletin
a Notice of Proposed Rulemaking. In its Notice, the Commission proposed to adopt the updated federal
safety regulations pertaining to the shipment of hazardous materials by rail found in the October 1 , 2007
Code of Federal Regulations, Title 49. Comments concerning the Commission s proposal to update its
Railroad Safety Rules were due no later than September 24, 2008.
No person filed comments regarding the Commission s proposed rulemaking. The
Commission did receive a letter from Legislative Services dated August 21 , 2008 indicating that the
Senate and House Subcommittees for Review of Administrative Rules had no objections to the proposed
update.
COMMISSION DECISION
Given the lack of any adverse comments, does the Commission wish to adopt the proposed
rule as its pending rule? Does the Commission desire to publish its Notice of Pending Rule in the
November 5 edition of the Administrative Bulletin and submit the pending rule for legislative review in
2009?
Don Howell
Deputy Attorney General
bls/N:31-7103-0801 Decision Memo dh2