20110803Notice of Rulemaking, Proposed Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES R u L - R. - i i --0 (
DOCKET NO. 31-7103-1101
NOTICE OF RULEMAKING - 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. Ths action
is authorized pursuant to Section 61-515, Idaho Code.
PUBLIC HEARNG SCHEDULE: Public hearing(s) concerning this rulemaking wil be
scheduled if requested in wrting by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 19,2011.
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 substance
and purose of the proposed rulemaking:
The Commission's Railroad Safety and Accident Reporting Rule 103 adopts by reference
the federal safety regulations pertining to the transportation of hazardous materials by railroads
issued by the federal Pipeline and Hazardous Material Safety Administration (PHMSA).
Railroad Safety Rule 103 adopts the 2010 edition of the Code of Federal Regulations (CFR).
The Commission proposes to adopt the 2011 edition of the CFR.
There are two major revisions included in the 2011 edition of the federal hazardous
material safety regulations. First, in January 2011, PHMSA amended 49 C.F .R. Pars 107 and
171 revising procedures regarding the issuance of special permits when a hazardous material rail
car has a defect. The special permit issued by PHMSA would allow a shipper to move the
hazardous car to a repair facilty. This change became effective on March 7, 2011. Second,
PHMSA amended 49 C.F .R. Par 172 to remove saccharin and its salts from the list of hazardous
substances and reportable quantities. This change was effective June 27, 2011.
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 necessary
for the safe transportation of hazardous materials by raiL.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2), Idaho Code, the
following is a brief synopsis of why the materials cited are being incorporated by reference into
this rule:
The two revisions to be adopted in the 2011 edition of the federal hazardous material
safety regulations are explained in detail in the descriptive summar above. Adoption of the
2011 federal safety regulations wil provide uniformity between state and federal rail safety
provisions.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRTTEN
COMMENTS: For assistace on technical 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 wrtten
comments must be directed to the Commission Secretary and must be delivered on or before
October 26, 2011. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this t¡¡J day of August 201 1.
~£j.~Je D. Jewell
Co ission Secreta
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
103. TRASPORTATION OF HAZARDOUS MATERIAL BY RAIL (RULE 103).
01. Hazardous Material Defined. "Hazdous material" means a substace 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 Secretary of Transporttion. 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 hazdous under the
provisions of 49 C.F.R. Section 172.101, and materials that meet the defining criteria forhazardous classes and divisions in 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. Parts 107,171,172,173,174,178,179, and 180 (October 1, 20lGl). 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 7 11)( )
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)
DFM Tracking No.
2011-900-1
State of Idaho
DIVISION OF FINANCIAL MANAGEMENT
Executive Offce of the Governor
Administrative Rules Form
Agency Name: STARS Agency Code:Idaho Public Utilties Commission 900Contact Person: Title: Phone:
Joe Leckie/Don Howell Executive Administrator 334-0330
Deputy Attorney Gen.
Fax Number:
334-3762
Email:
Joe.leckietmpuc.idaho.gov
Don.howellc.puc.ldaho.gov
Person Authorizing Rule:
Paui Kjeiiander
Title:
President, PUC
Phone:
334-2898
Email:
Paul.kiellandertmpuc.idaho.gov
Section 2 (To be completed by Agency)
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61-515
Title, Chapter, and Possible Docket (IDAPA) Number:
Safety & Accident ReDortlna Rules for Public Utilties, 31~11-01 Docket No. 31-1101-1101
This Rule is:X proposed o Temporary Effective Date:
End of 2012 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-
6226(2): NIA
Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected: The
changes from previous editions of safety codes and federal regulations are minor so the fiscal Impact on utilties,
If any, wil be minimal. The General Fund wil not be Impacted. The impact on the PUC's funds wil be the costs of
purchasing the new safety codes and the rulemaklng costs, estimated to be approx. $800.
Need for Proposed Rule Change: The PUC's Safety & Accident Reporting Rules adopt by Incorporation several
national safety codes including the National Electric Safety Code (NESC) in Rule 101, the federal pipeline safety
regulations In Rule 201, the International Fuel Gas Code in Rule 202, and the International Mechanical Code in
Rule 203. These public safety codes and regulations have recently been updated in 2011 editions and the PUC
desires to update its safety rules to protect the public. This wil Insure compatibilty with the most recent 2011
safety provisions.
Proposed Rule Changes (Summary Only):
Update four safety rules to reflect changes in the 2011 editions of the nationallinternational safety codes and
regulations.
Interest Group(s) or Citizens Affected:
Utilties and members of the public.
Revised: March 11, 2008
Section 3 (DFM Use Only)
DFM Analyst Comments:
Proposed rules to update safety rules adopted by Incorporation.
DFM Analyst Fiscal Impact Review:
No General fund Impact. Minimal Impact to dedicated funds.
DFM Analyst Signature & Date:
D. Keith Reynolds 07/14/11
Recommend:
X Yes 0 No
Gov Special Assistant Signature & Date:
Stephen Goodson 7/22/11
Recommend:
X Yes 0 No
AP~~~ LJ No
Received by DFM from Agency 7/14/2011
Received by DFM Analyst from Coordinator 7/14/2011 0
Received by Coordinator from Analyst 7/14/2011 0
Received by Governor's Special Assistant from Coordinator 7/15/2011 1
Received by Coordinator from Governor's Special Assistant 7/22/2011 7
Received by DFM Administrator
Return via email to: infotmdfm.idaho.gov
Revised: March 11, 2008