ARC 9791C

ARC 9791C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to notification of railroad accidents or incidents
and providing an opportunity for public comment

    The Department of Transportation hereby proposes to rescind Chapter 802, “Notification of Railroad Accidents/Incidents,” and to adopt a new Chapter 802, “Notification of Railroad Accidents or Incidents,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 307.12.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 327C.37 and 327C.41.

Purpose and Summary

    Proposed Chapter 802 explains the notification requirements when certain railroad accidents or incidents occur in Iowa and requires that railroads notify the Department’s Traffic Management Center by telephone within 4 hours of a certain accident or incident and within 24 hours of a property-damage-only accident or incident. The Traffic Management Center promptly distributes the collected information and details to the Department’s Modal Transportation Bureau for a review and a determination if an investigation is necessary. In accordance with Iowa Code section 327C.37, the Department must decide when it is necessary to notify the Governor when a railroad accident or incident occurs in Iowa.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 1, 2025. A public hearing was held on the following date(s):

     ?   October 29, 2025

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa. The proposed chapter is in accordance with Executive Order 10 and compliance with the Iowa Code. This rule implements Iowa Code section 327C.37 regarding railroad accidents and incidents within the State. Resources are only utilized in the event of an incident or accident occurrence.

Jobs Impact

    This rulemaking has no jobs impact to the State of Iowa. The proposed chapter is in accordance with Executive Order 10.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on December 30, 2025. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 761—Chapter 802 and adopt the following new chapter in lieu thereof:

CHAPTER 802

NOTIFICATION OF RAILROAD ACCIDENTS OR INCIDENTS

761—802.1(307,327C) Notification of railroad accidents or incidents.

    802.1(1) Accidents or incidents requiring notification. Any accident or incident involving train movement that results in any of the following must be reported within 4 hours of the accident or incident to the department’s traffic management center by telephone at 515.237.3300 (open year-round, 24 hours a day, including legal holidays):

    a.  Fatality.

    b.  Personal injury requiring hospitalization.

    c.  Derailment of ten or more rail cars and locomotives.

    d.  Derailment of any number of cars or locomotives when one or more are not upright.

    e.  Derailment or other incident involving a railroad passenger train.

    f.  Release or potential release of hazardous materials that presents a risk or potential risk to public safety, including injury, fatality, evacuation or shelter-in-place of persons.

    g.  Damage to public or private transportation infrastructure not owned by the involved railroad.

    802.1(2) Property damage only. Any accident or incident involving train movement that results in property damage only must be reported within 24 hours of the accident or incident in the same manner as provided in subrule 802.1(1).

    802.1(3) Content of notice. The notice of an accident or incident is to provide, at a minimum, the following information:

    a.  Name of the railroad involved.

    b.  Name and contact information of the individual calling to file the notice.

    c.  Date and time the accident or incident occurred.

    d.  Location of the accident or incident, described as accurately as possible, including the nearest city and the U.S. DOT crossing identification number or railroad milepost.

    e.  Description of the accident or incident.

    f.  Impact on motor vehicle travel, if known.

    g.  Number of injuries and fatalities.

    h.  Hazardous materials involved in the incident and actions taken in the event of a release.

    i.  Number of rail cars derailed.

This rule is intended to implement Iowa Code sections 307.12(1)“j,” 327C.37 and 327C.41.