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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00272
CCR details
| Tracking Number |
2024-00272 |
| Type of Filing |
Emergency |
| Department |
700 Department of Regulatory Agencies |
| Agency |
723 Public Utilities Commission |
| CCR Number |
4 CCR 723-7 |
| CCR Title |
RULES REGULATING RAILROADS, RAIL FIXED GUIDEWAYS, TRANSPORTATION BY RAIL, AND RAIL CROSSINGS |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
The statutory authority for the temporary rules is found at §§ 24-4-101 et seq.,
40-18-101, -102, -103, and -104, C.R.S. |
| Applicable Federal Provisions |
These temporary rules implement the new Program Standard requirements to implement the requirements of the Federal Transit Administration (FTA) issued risk-based inspection (RBI) program special directive (RBI Special Directive) issued to the Commission on October 21, 2022, as required by 49 U.S.C. § 5329(k)(5) and 49 Code of Federal Regulations (CFR) Part 670. |
| Purpose/Objective of Rule |
By this Decision, the Commission adopts temporary rules to implement the new risk-based inspection program by updating the State Safety Oversight Program Standard for Rail Fixed Guideway Systems (Program Standard) pursuant to the procedures prescribed in § 24-4-103(6)(a), C.R.S. The temporary rules amend the Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings contained in 4 Code of Colorado Regulations 723-7-7343 and 723-7-7351. These temporary rules implement the new Program Standard requirements to implement the requirements of the Federal Transit Administration (FTA) issued risk-based inspection (RBI) program special directive (RBI Special Directive) issued to the Commission on October 21, 2022, as required by 49 U.S.C. § 5329(k)(5) and 49 Code of Federal Regulations (CFR) Part 670. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00272.pdf
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| Comments |
We find that this matter requires our immediate and continuing attention to comply with federal law and regulation, and to protect public safety in Colorado. We also find that the time that will transpire before completing a permanent rulemaking for the Program Standard risks timely compliance with federal law and regulation, and the safety of the traveling public in Colorado. Thus, immediate adoption of temporary rules implementing the Program Standard is imperatively necessary to timely comply with federal law and regulation, and preserve public health, safety, and welfare for Colorado’s traveling public. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Pam Fischhaber |
| Contact Title |
Deputy Director, Public Safety |
| Contact Telephone |
303-894-2529 |
| Contact email |
pamela.fischhaber@state.co.us |
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Adopted rule
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