20100826Notice of Rulemaking -- Proposed Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31. 71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
DOCKET NO. 31-7103-1001 (¿~..f(-10 -01
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilties Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Sections 61-515 and 61-517, 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 20, 2010. The hearing site wil be accessible to persons with
disabilties. 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 substace
and purpose of the proposed rulemaking:
The Commission's Railroad Safety and Accident Reporting Rule 103 adopts by reference
the federal safety regulations pertaining to the transportation of hazardous materials by railroads
issued by the federal Pipeline and Hazrdous Material Safety Administration (PHMSA).
Railroad Safety Rules 103 and 104 (Reporting Rail Accidents) adopt the 2008 and 2007 editions
of the Code of Federal Regulations (CFRs), respectively. The Commission proposes to adopt the
2010 edition of the CFRs.
There are four major revisions included in the 2010 edition of the federal hazardous
material safety regulations. First, in October 2009, PHMSA amended 49 C.F.R. Pars 172 and
174 to clarify requirements governing emergency response information provided by shippers of
hazardous materials. In paricular, PHMSA requires that shippers' names and contact numbers
be included on shipping papers so that emergency responders are able to obtain additional
information about the hazardous materials being shipped by raiL. Second, in March 2010,
PHMSA modified the curent security plan requirements applicable to the commercial
transportation of hazardous materials by raiL. The agency amended 49 C.F.R. Par 172 to
decrease the number of hazardous materials subject to security plan requirements. This reduces
regulatory costs and paperwork burden. Third, PHMSA amended 49 C.F.R. Section 107.62 to
adjust the anual federal fee for entities shipping hazardous materials by raiL. This change
became effective on April 29, 2010. Finally, PHMSA amended 49 C.F.R. Pars 107, 171, 173,
174, and 179 concerning the procedures for issuing special permits for hazardous material
shipments that have established safety records. These revisions were intended to provide wider
access to the regulatory flexibilty offered in special permits and eliminate the need for numerous
requests. This change is effective October 1,2010.
The Commission is also proposing that Rule 8 be modified to conform to changes that the
Legislature enacted requiring agencies to disclose where electronic copies of incorporated
materials can be obtained. Adoption of the 2010 edition of 49 C.F .R. Pars 107, 171-174, 178,
179, 180 and 225 wil make Rules 103 and 104 consistent with the federal safety regulations
concerning the transporttion of hazdous materials by raiL.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not conducted because this proposed rule adopts updated CFR Pars necessar
for the safe transportation of hazardous materials by raiL.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All wrtten
comments must be directed to the Commission Secretary and must be delivered on or before
October 27,2010. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this~t1äay of August 2010.
~(J b~aW.sB~rrows
Assistat Commission Secretary
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
IDAPA31
TITLE 71
CHAPTER 03
31. 71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
008. INCORPORATION BY REFERENCE - CODE OF FEDERAL REGULATIONS
(RULE 008).
The Code of Federal Regulations (CFR) is referred to in Rules 103 and 104. The annual volumes
of the CFR may be obtained on the web from the 8uperinteBdent of Doeuments, Att: Nevi
Orders, PO Box 371954, PittsbUlgh, PA 15250 7954 U.S. Governent Bookstore at
http://bookstore.gpo.gov/ and click on "Code of Federal Regulations," or by calling toll-free 866-
512-1800. The full text of the CFR is also available in electronic format at
ht://origiB. \V'NW. gpoaeeess. gOY/Bam ww.gpoaccess.gov/cfr/index.html. The incorporated
CFR Parts are also available for inspection and copying at the office of the Idaho Public Utilties
Commission and the Idaho State Law Librar. Whenever a federal regulation is adopted by
reference in these rules, subsequent anual recompilations are also adopted by reference, but
subsequent amendments to the CFR are not adopted by reference. (4 2 08)( )
(BREAK IN CONTINUITY OF SECTIONS)
103. TRANSPORTATION OF HAZARDOUS MATERIAL BY RAIL (RULE 103).
01. Hazardous Material Defined. "Hazdous material" means a substance or material
which has been determined by the United States Secretary of Transportation to be capable of
posing an uneasonable risk to health, safety, and property when transported in commerce, and
which has been so designated by the Secretary of Transportation. The term includes hazdous
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 172.101, and materials that meet the defining criteria for hazardous classes and divisionsin 49 C.F.R. Par 173. (3-30-01)
02. Adoption of Federal Safety Regulations. The Commission hereby adopts by
reference 49 C.F.R. Pars 107, 171, 172, 173, 174, 178, 179, and 180 (October 1, 20(810). 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. Parts 107, 171, 172, 173, 174, 178, 179 and 180.
(5 8 09)( )
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)
104. REPORTING OF RAILROAD ACCIDENTS (RULE 104).
The Commission incorporates by reference 49 C.F.R. Par 225 (October 1,200710). Pursuant to
49 C.F.R. 225.1, all railroads that are required to fie a copy of any accident/incident report with
the Federal Railroad Administration shall also file a copy of such report with the Commission
Secretary for accidents or incidents occuring in Idaho. Copies of accident or incident reports
shall be mailed to: Commission Secretary, Idaho Public Utilties Commission, PO Box 83720,
Boise, Idaho 83720-0074 ([phone]). Copies of such reports may also be provided by
facsimile at [phone] or by electronic mail to secretar(ipuc.idaho.gov. (4 2 08)( )
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Offce of Administrative Rules): 31-7103-1001
(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 61-517
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking ~ Temporar/Proposed Rulemaking
Temporar Rulemaking _ Effective Date of Temporar 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 107, 171, 172, 173, 174, and 179
HAVE YOU. ..
X
X
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
HA VB YOU INCLUDED. . .
X 1. An approved Proposed/Temporar Administrative Rules Form (PARF)?
X 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
X 3. An 8 1/2 by i 1 hard copy of the Notice and the complete text of the rule changes?
..DFM Tracking No.
2010.900.3
State of Idaho
DIVISION OF FINANCIAL MANAGEMENT
Executive Office of the Governor
Agency Name:Idaho Public Utilties Commission 900
Contact Person: Title: Dep. Att. General Phone:
Don Howell/Ron Law Exec. Administrator 334-0312
Date:334.3762 8/3/2010
Email: don.howelltmpuc.idaho.gov
ron.lawtmpuc.idaho.gov
Person Authorizing Rule:
Jim Kem ton
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61.515
Title, Chapter, and Possible Docket (IDAPA) Number:
Railroad Safet /Sanitation Rules, 31.71.03 31.7103.1001
This Rule is: X Proposed 0 Temporary Effective Date:
End of 2011 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 and consistent
with changes made to the federal safety regulations for railroads, their employees, and rail shippers.
Proposed Rule Changes (Summary Only):
The Commission has adopted 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 to the present.
Interest Group(s) or Citizens Affected:
Railroads, Rail Shippers and the public.
Section 3 (DFM Use Only)
.DFM Analyst Comments:
Proposed rule making to match federal regulation. No fiscal impact.
DFM Analyst Fiscal Impact Review:
Revised: March 11, 2008
l.DFM Analyst Signature & Date:
D. Keith Reynolds 08/09/10
Recommend:
X Yes 0 No
Gov Special Assistant Signature & Date:Recommend:
X Yes 0 No
App-,s-al:
i; Yes 0 No
Mark Warbis 8.13.10
DFM Administrator Signature
Received by DFM from Agency 8/9/2010 o
Received by DFM Analyst from Coordinator 8/9/2010 o
Received by Coordinator from Analyst 8/9/2010 o
Received by Governor's Special Assistant from Coordinator 8/9/2010 o
Received by Coordinator from Governor's Special Assistant 8/13/2010 4
Received by DFM Administrator.Return via email to: infocmdfm.idaho.gov
.
Revised: March 11, 2008