16 TAC §5.802
The Railroad Commission of Texas proposes an amendment §5.802,
concerning reports of railroad accidents/incidents. Currently, railroads
are required to notify the commission immediately of any collision, derailment,
fire, explosion, act of God, or other event occurring in the state of Texas
that: results in the death of any railroad passenger or railroad employee;
results in the death or injury of two or more persons; involves a passenger
train; or involves a commodity classified as a hazardous material under 49
Code of Federal Regulations Part 172. The proposed amendment would require
the railroads to notify the commission immediately upon the occurrence of
any of the described events that results in the death of one or more persons.
Jerry Martin, director, Rail Division, has determined that for each year
of the first five years the section as proposed will be in effect there will
be no fiscal implications for state or local governments.
Mr. Martin has also determined that for each year of the first five years
the section as proposed will be in effect the public benefit anticipated as
a result of enforcing the section as proposed will be the accumulation by
the commission of more comprehensive and timely information about deaths and
injuries resulting from accidents and incidents involving railroad on-track
equipment, moving or standing, which in turn should help the commission in
evaluating the safety of railroad operations.
There is anticipated economic cost to small businesses and individuals
required to comply with the section as proposed due to the requirement to
report all accidents and incidents involving railroad on-track equipment which
result in the death of any person, not just those involving the death of two
or more persons. However, the cost of complying with the section as proposed
cannot be determined, since the frequency of reports is related to deaths
of persons, which cannot be predicted. In addition, each railroad's individual
administrative costs are likely to differ, making the determination of the
cost of compliance impossible.
Comments on the proposed amendment should be filed with Jerry Martin, Director,
Rail Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas
78711-2967. Comments will be accepted for 60 days after publication in the Texas Register
. For more information, contact Mr.
Martin at (512) 463-7001.
The commission proposes the amendment pursuant to Texas Civil
Statutes, Article 6448a, which authorizes the commission to issue rules as
permitted by the Federal Railroad Safety Act of 1970.
Texas Civil Statutes, Article 6448a, is the statute affected by the proposed
amendment.
§5.802. Reports of Railroad Accidents/Incidents.
(a)
(No change.)
(b)
A railroad must report immediately by telephone to the
Commission at (512) 463-6788, whenever it learns of the occurrence of any
collision, derailment, fire, explosion, act of God, or other event occurring
in the State of Texas and involving operation of railroad on-track equipment
(standing or moving) which:
(1)
results in the death of
one or more persons
[
any railroad passenger or railroad employee
];
(2)
results in the [
death or
] injury of two
or more persons;
(3)-(4)
(No change.)
(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
29, 1998.
TRD-9801363
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-7008