20130819Notice of Rulemaking.pdf

IDAPA 3T - IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 _ RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
DOCKET NO. 31-7103-1301
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. This action
is authorized pursuant to Section 61-515, 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 16, 2013.
The hearing site will 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 purpose of the proposed rulemaking:
The Commission's Railroad Safety and Accident Reporting Rules 103 and 104 adopt by
reference the federal safety regulations pertaining 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 2011 edition of the Code of Federal Regulations
(CFR) and Rule 104 adopts the 2010 edition of the CFR. Since these two rules were last
updated, PHMSA amended 49 C.F.R. Parts 171 and 172 revising procedures to allow electronic
shipping papers and adding emergency contact phone numbers to the shipping papers. It also
amendedParts I73, l74, 179,and I80regardingtheloadingandmarkingof railroadtankcars
carrying hazardous materials. 77 Fed.Reg. 37962-01 (June 25, 2012). The Commission
proposes to adopt the 2013 edition of the CFR for both Rules 103 and 104.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not conducted because these proposed rules adopt mandatory federal safety
regulations for the safe transportation of hazardous materials by rail. The federal safety
regulations are already applicable to railroads and rail shippers.
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 revisions to be adopted in the 2013 edition of the federal hazardous material safety
regulations are explained in detail in the descriptive sunmary above. Adoption of the 2013
federal safety regulations will provide uniformity between state and federal rail safety
provisions. An electronic link to the incorporated material is contained in the Commission's
railroad safety rule 31.71.03.008 and at www.gpoaccess.gov/cfr.
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 written
comments must be directed to the Commission Secretary and must be delivered on or before
October 23,2013. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this / ?fiauy of August 2013.
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62
Email: [e-mail]
Street address for express delivery:
472W Washington
Boise, Idaho 837 02-5918
Commission Secretary
IDAPA 31
TITLE 71
CHAPTER 03
31.71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
103. TRANSPORTATION OF HAZARDOUS MATERTAL 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 uffeasonable risk to health, safety, and property when transported in
commerce, and which has been so designated by the Secretary 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 172.101, and materials that meet the defining criteria for
hazardous classes and divisions in 49 C.F.R. Part 173.(3-30-01)
02. Adoption of Federal Safety Regulations. The Commission hereby adopts by
reference 49 C.F.R. Parts 107, l7l, 172, L73, 174, 178, 179, and 180 (October 1,201*l). 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, 777,772,173,174,178,179 and 180.
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03. Recognition of Federal Exemptions. Whenever a railroad or shipper has applied
to a federal agency and has been granted an exemption from the transportation or packaging
requirements of the federal safety regulations adopted in Subsection 103.02, the federal
exemption will 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. Part225 (October l, 2010f). Pursuant to
49 C.F.R. 225.1, all railroads that are required to file a copy of any accidenVincident report with
the Federal Railroad Administration shall also file a copy of such report with the Commission
Secretary for accidents or incidents occurring in Idaho. Copies of accident or incident reports
shall be mailed to: Commission Secretary, Idaho Public Utilities 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, [e-mail]. (4-7-l+X__-)
D F I{ H:ir*t*rx,r';m:,-,
DFM Tracking No.
2013-900-2
Proposed/Temporarv Administrative Rules Froemtntsrrauve Kules Form
Agency Name:
IDAHO PUBLTC UTILITIES COMMISSION
STARS Agency Code:
900
Fax Number:
334-3762
Date:
June 10.2013
Contact Person:
Joe Leckie
Title:
Executive Adm inistrator
Phone:
334-0330
Email:
[e-mail]
Person Authorizing Rule:
Paul Kiellander
Title:
President, PUC
Phone:
334-2898
Email:
[e-mail]
Statutory Authority for the rule making (ldaho Code, Federal Statute or Regulation):
I.C. 561-5{5,49 GFR Parts 107, 171-174,178, 180
Title, Chapter, and Possible Docket (IDAPA) Number:
31.71.03 Railroad Safetv and Accident Reoortinq Rules 31-7103-1301
This rule is: X Proposed tr Temporary Effective Date:
Atter 2014 session
lf this is a temporary rule: N/A
E Necessary to protect the pubtic health, safety, or welfare; or
fl Compliance with deadtines in amendments to governing law or federal programs; or
E Conferring a benefit.
Please explain:
lf this is a temporary rule which imposes a fee or charge, provide justification as described in
ldaho Code 67-5226121:
Agency has determined according to ldaho Code 67-5220(1):
E fnis rule is to be negotiated X Negotiation of this rule is not feasible
lf rule is negotiated:
Agency certifies that the rule E] has been or E] will be negotiated with interested persons as outlined in
ldaho Code 67-5220(3). (indicate which)
lf rule negotiation is not feasible, the agency has determined:
E nule is temporary; or E] tacf of identifiable representatives of affected interests; or
E Rute is simpte in nature; or E effecteO interests are not tikely to reach consensus; or
X ottrer.
Please explain:
Negotiated rulemaking under l.G. section 67-5220 (2) is not feasible because the proposed rule adopts updated
federal hazardous materialsafety regulations that are already mandatory for rail shippers in ldaho.
Provide a fiscal impact statement for all programs affected. Be sure to reflect both positive and negative impacts
and to include allfund sources including both the General Fund and dedicated funds:
No fiscal impact. The cost of publication is estimated to be $300 from the PUG's dedicated fund.
Provide a short explanation of the need for this rule:
This rule adopts the current federal safety regulations applicable to the transportation of hazardous materials by
rail in ldaho and is already mandatory under the CFR's for railroads operating in ldaho.
Revised: May 15,2012
Provide a short summary of the changes this rule makes:
Update ldaho safety rutes to reflect recent changes in the federal railroad safety regulations found in 49 CFR Parts
107 and 172
Provide a list of those persons or interest group(s) affected by this rule:
Railroads, rail shippers, the public.
DFM Analyst Comments:
Propose to reflect revised federa! railroad safety regulations.
DFM Analyst Fiscal lmpact Review:
No significant impact.
DFM Analyst Signature & Date:
Richard C. Budzich 06120113
Gov SpecialAssistant Signature & Date:
Stephen R. Goodson 0G12012013
Administrator Action:
Approved
Authorized to Advance Rulemaking Process, DFM to review draft rule prior to publication (See Secfion 3/
Not Approved
DFM
w'tr
tr
nistrator Signature & Date:
e/---, l-=*.
DFM
DFM Analyst Signature & Date:
Administrator Signature & Date:
Return via email to: [e-mail]
Revised: May 15, 2012
RULEMAKING CHEGKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-7103-1301
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name :
31.71.03 - Railroad Safetv/Sanitation Rules
Idaho Public Utilities Commission
Agency Contact and Phone Number: Don Howell - 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 6l-515 and 6l-517
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking X Temporary/Proposed Rulemaking
Temporary Rulemaking _ Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section6T-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 Will Become Effective:
Amendment to Temporary Rule _
Correction to Pending Rule _
Rescission of Temporary 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 speciff.
No.
Does this rulemaking incorporate by reference other documents?
Specifr an exact description ofdocument(s) incorporated by reference.
Yes. Code of Federal Regulations, Parts I7l, 172, 173, 17 4, 179 and 1 80
HAVE YOU. . .
X 1. Had your legal counsel review your rulemaking?
X 2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED . . .X l. An approved Proposed/Temporary Administrative Rules Form (PARF)?
2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3 . An 8 I 12 by I I hard copy of the Notice and the complete text of the rule changes?
x
x