20130624Decision Memo.pdf

DECISION MEMORANDUM
COMMISSIONDR KJELLANDEIT
COMMISSIONER REDF'ORD
COMMISSIONER SMITH
COMMISSION SECRETARY
JOE LECKIE
ELLIS HIRE
COMMISSION STAFF
DON HOWELL
DEPUTY ATTORNDY GENERAL Rut--R- l3 -ct
DATE: JUNE 24,2013
SUB.IECT; UPDATING THE COMMISSION'S RAILROAD SAFETY AND
ACCIDENT REPORTTNG RULES, IDAPA DOCKET NO. 31-7103-1301
The Cornmission's Raihoad Safety and Accident Reporting Rtrles QDAPA 31.71.03)
adopt by reference the federal safety regulations pertaining to the transportation of hazardous
material by rail. In particular, Rule 103 adopts various pafts of Title 49, Code of Federal
Regulation (CFIU. Currerrtly Rule 103 adopts the October 1,201I edition of the CFRs and Rule
104 adopts the 2010 edition.
I'he Staff proposes that the Comrnission adopt the current vemion of the CFRs to be
published on October 1,2013. This would includerecent changes to 49 C.F.R. Parts l7l-174,
179 and 180. The proposed changes are attached for your review.
CFR CHANGES SINCE 2OIT
Since Rule 103 was last updated in 201 l, the Pipeline and Ilazardons Material Safety
Administration (PllMSA) has made several changes to the railroad hazardous material rules, In
partictrlar, Staff recornmends that the Commission aclopt the recent CFR changes. [n Jvne 2012,
PHMSA amendcd 49 C.F.R. Parts 171 and 172 revising procedures allowing electronic shipping
papers and adding emergency contact phone numbers to the papers. It also amended Parts 173,
174, 179 and 180 regarding the loading arrd ruarking of tank cars carrying hazardou.s matcrials,
Tlrese changes became effective on July 25,2012. 77 Fed.Reg,37962-01 (June 25, 2012). Tlte
new edition of Title 49 of the CFRs will be published on October l, 2013.
DECISION MEMORANDUM
Second, because Staff is recommending that Rule 103 be updated by adoption of the
201 3 CFRs, Staff also recomnrends that Rule 104 (Reporling of Railroad Accidents) be updated
to reflect adoption of thc October 1,2013 CFRs.
STAFF RECOMMENDATION
Because these federa! safety regulations are mandatory for rail carriers and shippers,
Staff recornmerrds that there is no need or requirement for a negotiated rulemaking.
COMMISSION DECISION
Should Rulcs 103 and 104 of the Conrmission's Railroad Safety and Accident
Reporting Rules be updated by the adoption of the 2013 CFR provisions concerning the
transportation of hazardous materials by rail? Does the Conrmission wish to folward these
proposed changes to the Administrative Rules Coordinator for publication in the next
Aclrninistrative Bulletin to be issued on August 7,2013?
,il,*-
Don Howell
Deputy Attorney General
bls/N:31-7103-1301 dh Dec Memo
2DECISION MEMORANDUM
IDAPA 3I
TITLE 7I
CIIAPTER 03
31.71.03 . RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
103. TRANSPORTATTON OF HAZARDOUS MATEIUAL BY RAIL (RULE 103).
01. I{azardorrs Matcrial Definetl. "l-lazardous material" means a sttbstance or
material ra4rich has been determined by the United States Secretary of Transpoflation to be
capable of posing an unreasonable risk to health, safety, and property when transported in
corlmer'ce, and which has been so designated by the Secrrtary of 'Iransportation. The temr
includes hazardous snbstances, hazatdous wastes, marine pollutants, elevated ternperatul'e
materials as defined in 49 C.F.R. Section 171.8, materials designated as hazardous under the
provisions of 49 C,F.R. Scction 172.101, and nraterials that rneet the defining criteria for
hazardous classes and divisions in 49 C.F.R. Part 173.(3-30-01)
02. Adoption of I.ecleral Safety Regulations. The Commission hereby adopts by
reference 49 C.F.R, Parts 107, l7l, 172, 173, 174, 178, I79, and 180 (October 1,201{), All
customers offering hazardous materials for shipment by rail and all railroads operating in Idaho
tlmt transport hazardous rnaterials listed in, defined by, or regulated by the adopted federal safety
regulations rnust comply with 49 C.F.R. Palts 107, 17l, 172, 173, 174, 178, 179 and 180.
(3_2e_la( )
03. Rccognition of Ferleral Exenrptions. 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 bc recognized under these rules, The Conrmission shall not administer a
program to duplicate considemtion ol' approval of federal exentptions on a state level. (3-30-01)
r04. IIEPORI'ING OF RATLROAD ACCIDENTS (RULE 104).
['lre Commissiorr incorporates by rcference 49 C.F.R.Pafi225 (October 1,20101). Pursuant to
49 C.F.I{. 225.1, all railroads that are required to file a copy of any accident/incident report with
the Federal Railroad Administlation shall also file a copy of such rcport rvith the Commission
Secrctaty for accidents or incidents occurring in Idaho. Copies of accident or incident reports
shall be mailed to: Conrrnission Secretary, Idaho Public Utilities Cornrnission, PO Box 83720,
Boise, Idalro 83720-0A74 [phone]). Copies of snch repolts may also be provided by
facsirnile at [phone] or by elechonic mail, secrctary(@puc.idaho.sor,. g-H-l)(___)