|
|
Code of Colorado Regulations eDocket
Details of Tracking Number
2025-00231
CCR details
| Tracking Number |
2025-00231 |
| 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 |
|
Proposed rule
| Rule |
|
| Additional Information |
|
| Statutory Authority |
The statutory authority for the temporary rules is found, generally, at § 40-2-108, C.R.S. (authorizing Commission to promulgate rules necessary to administer and enforce Title 40) and § 24-4-103(6), C.R.S. (“allowing and specifying procedures for adoption of temporary rules”) and, specifically, at § 40-18-102, C.R.S. (requiring Commission to establish SSO program) and § 40-18-103, C.R.S. |
| Applicable Federal Provisions |
The FTA rules include 49 Code of Federal Regulations (“C.F.R.”) Part 673 (“Part 673”) issued April 11, 2024 and effective May 13, 2024; 49 C.F.R. Part 672 (“Part 672”) issued August 14, 2024 and effective November 1, 2024; 49 C.F.R. Part 671 (“Part 671”) issued October 31, 2024 and effective December 2, 2024; and 49 C.F.R. Part 674 (“Part 674”) issued October 18, 2024 and effective March 20, 2025. |
| Purpose/Objective of Rule |
This matter comes before the Commission for immediate adoption of temporary rules to implement critical amendments to the Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings contained in 4 Code of Colorado Regulations (“CCR”) 723-7 (“Rail Rules”). The Federal Transit Administration (“FTA”) has recently made rule changes that we find necessitate immediate issuance of these temporary rules. The FTA rules include 49 Code of Federal Regulations (“C.F.R.”) Part 673 (“Part 673”) issued April 11, 2024 and effective May 13, 2024; 49 C.F.R. Part 672 (“Part 672”) issued August 14, 2024 and effective November 1, 2024; 49 C.F.R. Part 671 (“Part 671”) issued October 31, 2024 and effective December 2, 2024; and 49 C.F.R. Part 674 (“Part 674”) issued October 18, 2024 and effective March 20, 2025. These temporary rules are necessary to implement the updates to the State Safety Oversight (“SSO”) Program Standard to incorporate new federal requirements already in effect. Accordingly, and as discussed below, the temporary rules are adopted without compliance with the rulemaking procedures prescribed in § 24-4-103, C.R.S., so that the Commission and the rail transit agencies operating in Colorado can be in compliance with the new federal requirements, and to thereby provide for the health, safety, and welfare of the traveling public in Colorado. |
| Basis And Purpose |
BasisAndPurposeAttachment2025-00231.pdf
|
| Comments |
These temporary rules are necessary to implement the updates to the State Safety Oversight (“SSO”) Program Standard to incorporate new federal requirements already in effect. Accordingly, and as discussed below, the temporary rules are adopted without compliance with the rulemaking procedures prescribed in § 24-4-103, C.R.S., so that the Commission and the rail transit agencies operating in Colorado can be in compliance with the new federal requirements, and to thereby provide for the health, safety, and welfare of the traveling public in Colorado. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Contact Name |
Pam Fischhaber |
| Contact Title |
Deputy Director, Public Safety |
| Contact Telephone |
303-894-2529 |
| Contact email |
pamela.fischhaber@state.co.us |
|
Adopted rule
|
| |
| |
| |
|  |