20150831Decision Memo.pdf

RUL-A-15- Dl
TO:
FROM:
DATE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER RAPER
COMMISSION SECRETARY
JOE LECKIE
ELLIS HIRE
COMMISSION STAFF
DON HOWELL
DEPUTY ATTORNEY GENERAL
AUGUST 2I,2OI5
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SUBJECT: UPDATING THE COMMISSION'S RAILROAD SAFETY AND
ACCIDENT REPORTING RULES, IDAPA DOCKET NO. 31-7103-1501
The Commission's Railroad Safety and Accident Reporting Rules (IDAPA 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 parts of Title 49, Code of Federal
Regulation (CFR). Currently, Rules 103 and 104 adopt the October 1,2013 edition of the CFRs.
The Staff proposes that the Commission adopt the current version of the CFRs
published on October 1,2014. This would include recent changes to 49 C.F.R. Parts 17l-174,
179 and 180. The proposed changes are attached for your review.
CFR CHANGES SINCE 2013
Since Rule 103 was last updated in2013, the Pipeline and Hazardous Material Safety
Administration (PHMSA) has made several changes to the railroad hazardous material rules. In
particular, PHMSA 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 CFRs was published on October 1,2014.
STAFF RECOMMENDATION
Because these federal safety regulations are mandatory for rail carriers and shippers,
Staff recommends that there is no need or requirement for a negotiated rulemaking.
DECISION MEMORANDUM
COMMISSION DECISION
Should Rules 103 and 104 of the Commission's Railroad Safety and Accident
Reporting Rules be updated by the adoption of the 2014 CFR provisions concerning the
transportation of hazardous materials by rail? Does the Commission wish to forward these
proposed changes to the Administrative Rules Coordinator for publication in the next
Administrative Bulletin to be issued on October 7,2015?
Don Howell
Don Howell
Deputy Attorney General
blVN:31-7103-1501 dh Dec Memo
DECISION MEMORANDUM