20150831Notice of Rulemaking.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
3T.71.03 - RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
DOCKET NO. 3t-7103-150r
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 61-5l5,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 21,2015.
The hearing site will be accessible to persons with disabilities. Requests
accommodation must be made not later than five (5) days prior to the hearing, to
Commission's address below.
DESCRIPTM 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). Currently, Rules 103 and 104 adopt the October 1,2013 edition of Title 49 of the
Code of Federal Regulations (CFR). The Commissionproposes to adopt the 2014 editionof the
CFRfor both Rules 103 and 104. Srnce Rule 103 was last updated in2013, the PHMSA has
amended 49 C.F.R. Part 173.150 revising procedures and restrictions for the shipping of various
amounts of ethyl alcohol in liquid or solid form. These changes became effective on April 17,
2014.79 Fed.Reg. 15,033-01 ,15,040-46 (March 18, 2014). The current edition of Title 49 of the
CFR was published on October 1,2014.
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
for
the
rulemaking was not conducted because these proposed rules adopt
regulations for the safe transportation of hazardous materials by
regulations are already applicable to railroads and rail shippers.
mandatory federal safety
rail. The federal safety
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 2014 edition of the federal hazardous material safety
regulations are explained in detail in the descriptive summary above. Adoption of the 2014
federal safety regulations will provide uniformity between state and federal rail safety
provisions.
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 28,2015. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this $llOurof August 2015.
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
D. Jewell
IDAPA 31
TITLE 71
CHAPTER 03
31.71.03 . RAILROAD SAFETY AND
ACCIDENT REPORTING RULES
r03. 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 unreasonable 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, ffid 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, 173, 174, 178, 179, and 180 (October 1,20134). 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, 171,172,173,I74,178,179 and 180.
@+4X_)
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,20lZ4). Pursuant to
49 C.F.R. 225.1, all railroads that are required to file a copy of any accident/incident 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]. (34l4X_)
DFM Hlii,*:ffit+r;x:,-,
DFM Tracking No. 2015-900-2
Received Date: 8/13/201 5
Administrative Rules Form
Agency Name:
IDAHO PUBLIC UTILITIES COMMISSION
STARS Agency Code:
900
Fax Number:
334-3762
Date:
Auoust 11.2015
gontact Person:
Joe Leckie
Title:
Executive Adminlstrator
Pnone:
334-0330
Email:
[e-mail]. gov
Person Authorizing Rule:
Paul Kiellander
Title:
President. PUC
Phone:
334.2898
Email:
Pau [e-mail]
Statutory Authority for the rule making (ldaho Code, Federal Statute or Regulatlon):
l,C. 61-515: 49 CFR Parts 107, 171-174,178, 180
Title, Chapter, and Possible Docket (IDAPA) Number: 31-7103-1501
31.71.03 Railroad Safetv and Accident Reportins Rules
This rule is: XX Proposed tr Temporary Erective Date:
After sine die of the 2016 Session
lf thls is a temporary rule: N/A
E Necessary to protect the public heatth, safety, or welfare; or
E Compliance with deadtines in amendments to governing law or federal programs; or
E Conferring a benefit.
Please explain:
!f this is a temporary rule which imposes a fee or charge, provide Justlflcation as described in
ldaho Gode 67-5226(2): N/A
Agency has determined according to ldaho Code 67-5220(1):
E fhls rule is to be negotiated t( Negotiation of this rule is not feasible
lf rule ls negotlated:
Agency certlfies that the rule EI has been or E wlll be negotiated wlth Interested percons as outltned in
ldaho Gode 67-5220(3). (indicate which)
lf rule negotiatlon is not feasible, the agency has determined:
E Rute is temporary; or E tacf of identifiable representatives of affected interests; or
E nule ls simple in nature; or E Atfected interests are not likety to reach consensus; or
X Other.
Please explain:
Negotiated rulemaking under 67-5220121is not feasible because the proposed rule adopts the updated federal
hazardous material safety regulations that are already mandatory for all shipperc.
Provlde a flscal lmpact statement for all programs affected. Be sure to reflect both positive and negative impacts
and to include all fund sourcea including both the General Fund and dedicated funds:
No fiscal impact. The cost of publication ia estimated to be about $150 from the PUC's dedlcated fund.
Provide a short explanation of the need for this rule:
Thls rule adopts the current edltlon of the federal safety regulations appllcable to the transportatlon of hazardous
materials by rail in ldaho and are already mandatory under the CFR's for railroads operating in ldaho.
Revised: May 15,2012 PARF No. 201s-900-2
Provide a short summary of the changes thls rule makes:
Adds additlonal regulation for the shipment of products contalnlng ethyl alcohol, a hazardous material under the
current regulatlons. The regulations specify volumes, containers, and packlng requlrements for products
a list of those persons or lnterest
operatorB, lnstallers for natural gas appllances, and the general public.
Railroads, Rail Shippers, and the public.
This rule allons ldaho rule with
costs wil! be absorbed In the
DFM Analyst Signature & Date:
E,n
tr
Approved
Authorized to Advance Rulemaking Process, DFM to review draft rule prior to publication (See Secfion 3)
Not Approved
Return via email to: [e-mail]
Revised: May 15,2012 PARF No. 2015-900-2
RULEMAKING GHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-7103-1501
(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): 61-515 and 61-517
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 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 _ Date Pending Rule Will Become Effective:
Amendment to Temporary Rule _ Rescission of Temporary Rule _
Correction to Pending 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 specif,.
No.
Does this rulemaking incorporate by reference other documents?
Specifr an exact description ofdocument(s) incorporated by reference.
Yes. Code of Federal Regulations, Parts 171,172,173,174,179 and 180
HAVE YOU. . .
X l. Had your legal counsel review your rulemaking?X 2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU TNCLUDED . . .X 1. 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?
X 3. An 8 ll2by I I hard copy of the Notice and the complete text of the rule changes?