20131101Notice of Adoption.pdf

IDAPA 31 _ IDAHO PUBLIC UTILITIES COMMISSION
31.7I.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES f?uL-q-tz-o 1
DOCKET NO. 31-7103-130r
NOTICE OF RULEMAKING _ ADOPTION OF PENDING RULE
EFFECTM DATE: This rule has been adopted by the Public Utilities Commission and is now
pending review by the 2014 ldaho State Legislature for final approval. The pending rule
becomes final and effective at the conclusion of the legislative session, unless the rule is
approved, rejected, amended or modified by concurrent resolution in accordance with Sections
67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by
concurrent resolution, the rule becomes final and effective upon adoption of the concurrent
resolution or upon the date specified in the concurrent resolution.
AUTHORITY: In compliance with Section6T-5224,Idaho Code, notice is hereby given that the
Public Utilities Commission has adopted a pending rule. The action is authorized pursuant to
Section 61-515, Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule with an explanation of the reasons for the change.
The Commission received no comments regarding the proposed rule. The pending rule is
being adopted as originally proposed. The complete text of the proposed rule was published in
the October 2,2013Idaho Administrative Bulletin, Vol. 13-10, pages 401 through402.
FISCAL IMPACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
conceming this pending rule, contact Donald L. Howell, II, Deputy Attorney General, at (208)
334-03t2.
DATED this 1n day of November 20t3.
Commission Secretary
Idaho Public Utilities Commission
472 W . Washington Street (83702-591 8)
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 3l-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
Agency:Idaho Public Utilities Commission
Agency Contact and Phone Number: Don Howell - 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-5 l5 and 6l -5 l7
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking _ Temporary/Proposed Rulemaking
Temporary Rulemaking _ Effective Date of Temporary Rule:
Temporary Rule Justification (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 x Date Pending Rule Will Become Effective: Upon aooroval of Legislature
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?
Specifu an exact description ofdocument(s) incorporated by reference.
Yes. Code of Federal Regulations, Parts 171,172,173,174,179 and 180
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)?X 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3 . An 8 112 by I I hard copy of the Notice and the complete text of the rule changes?