20050816_1294.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:AUGUST 4, 2005
SUBJECT:ADOPTING RECENT AMENDMENTS TO THE FEDERAL
HAZARDOUS MATERIALS (HazMat) REGULATIONS REGARDING
THE TRANSPORTATION OF HAZMAT BY RAIL, DOCKET NO. 31-
7103-0501
The federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has
issued several changes to the federal regulations concerning the transportation of hazardous
materials by rail. PHMSA has clarified which functions in the rail transportation chain are
subject to the federal hazardous materials regulations (HMRs) and which are not subject to
HMRs. More specifically, the "pre-transportation function" (the loading of packaged hazardous
material on a rail car), the transportation of the car by a railroad, and "storage incidental" to the
transportation (storage between the time the railroad takes physical possession of the car
containing hazardous materials and when the car is delivered to its destination), are all subject to
the federal HMRs. Delivery of a rail car carrying hazardous material to tracks that are used
solely by the receiving customer (e., private track or private siding) is not subject to the HMRs.
The HMRs do not apply to rail movements solely within a contiguous facility where public
access is restricted, or to the unloading of a hazardous material car after the railroad has
delivered the car to the customer.
PHMSA also adopted changes that align the HMRs with the International Atomic
Energy Agency requirements regarding the rail transportation of Low Specific Activity (LSA)
materials. Finally, PHMSA added a definition of "person who offers or (the) offeror" to the
HMRs.
DECISION MEMORANDUM
The Staff recommends that the Commission adopt these changes to the HMRs by
incorporation. The new changes are to be incorporated in the October 1 , 2005 Edition of the
Code of Federal Regulations. More specifically, Staff proposes that the Commission s Railroad
Safety Rule 103 be amended as shown in the attachment.
COMMISSION DECISION
Does the Commission wish to adopt the new federal safety rules? Does the
Commission wish to issue a Notice of Proposed Rule to be published in the Administrative
Bulletin on October 5 , 2005.
Don Howell
blslN:31-71O3-0501 OecMemo dh
DECISION MEMORANDUM
IDAP A 31
TITLE
CHAPTER 03
31.71.03 - RAILROAD SAFETY/SANITATION RULES
103.TRANSPORT A TION OF HAZARDOUS MATERIAL 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
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
R. Section 171., materials designated as hazardous under the provisions of 49 C.
Section 172.101 , and materials that meet the defining criteria for hazardous classes and divisions
in 49 C.R. Part 173. (3-30-01)
02. Adoption of Federal Safety Regulations. The Commission hereby adopts by
reference 49 C.R. Parts 107 , 171 , 172, 173 , 174, 178, 179, and 180 (October 1 , 200 ). 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.R. Parts 107, 171 , 172, 173 , 174, 178 , 179 and 180.
(3 20 0t11!
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., 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)