20101105Decision Memo.pdf

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DECISION MEMORADUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF R-LJl- R -(O-ÒrFROM: DON HOWELL
DEPUTY ATTORNEY GENERA
DATE: NOVEMBER 5, 2010
SUBJECT: UPDATING THE COMMISSION'S RALROAD SAFETY AND
ACCIDENT REPORTING RULES, IDAPA DOCKET NO. 31-7103-1001
On October 6, 2010, the Commission caused to be published in the Idaho
Administrative Bulletin a proposed rulemaking regarding changes to the Commission's Railroad
Safety and Accident Reporting Rules, IDAPA 31.71.03. The Commission's Rule 103 adopts by
reference the federal safety regulations pertaining to the transporttion of hazardous materials by
railroads issued by the federal Pipeline and Hazardous Material Safety Administration
(PHMSA). Rule 104 addresses Code of Federal Regulations (CFRs), respectively. In its
rulemaking the Commission proposed to adopt the 2010 edition of the CFRs.
The Commission also proposed to amend its Rule 8 (Incorporated by Reference -
Code of Federal Regulations) to conform to changes the Legislature made in the Administrative
Procedures Act, Idaho Code § 67-5229. In House Bil 614 enacted this year, the Legislature
required that agency rules indicate where electronic copies of incorporated materials can be
obtained "or provide an electronic link to the incorporated materials." Idaho Code § 67-5229(2).
Consequently, the Commission's rulemaking made proposed changes to Rules 8, 103, and 104.
These rules are attached for your review.
As mentioned above, the Commission's proposed changes to these three rules were
published in the Administrative Bulletin on October 6, 2010. Written comments regarding the
proposed changes were due not later than October 27, 2010. The Commission received no
comments in response to the AP A notice.
DECISION MEMORANDUM 1
The Commission did receive two letters from the Legislative Services Offce. In its
first letter dated October 1, 2010, Legislative Services determined that it appears that the
proposed rules "have been promulgated within the scope of statutory authority granted to the
Public Utilties Commission." In a subsequent letter dated October 21, 2010, Legislative
Services reported no objections to the proposed rule changes wil be fied.
COMMISSION DECISION
Does the Commission wish to make any changes to its proposed rules published in
the Administrative Bulletin on October 6, 201 O?
Does the Commission wish to adopt its proposed rules as its pending rules? If yes,
does the Commission wish to have its notice of adoption of pending rules published in the next
Administrative Bulletin on December 1, 201 O?
L
Don Howell
Deputy Attorney Genera
blslN:31-7lO3-1001_Decision Memo_dh
DECISION MEMORANDUM 2