WSR 06-11-013

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket T-051915, General Order No. R-532 -- Filed May 4, 2006, 1:21 p.m. , effective June 4, 2006 ]

In the matter of repealing WAC 480-31-140 and amending WAC 480-31-999, relating to keeping records on file and subject to commission inspection.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission takes this action under Notice No. WSR 06-04-049, filed with the code reviser on January 27, 2006. The commission brings this proceeding pursuant to RCW 81.04.160 and 34.05.353.

2 STATEMENT OF COMPLIANCE: This proceeding complies with the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

3 DATE OF ADOPTION: The commission adopts this rule on the date that this order is entered.

4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the commission's reasons for adopting the rule, a description of the differences between the version of the proposed rules published in the register and the rules as adopted (other than editing changes), a summary of the comments received regarding the proposed rule changes, and the commission's responses to the comments reflecting the commission's consideration of them.

5 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda preceding the filing of the CR-105 proposal and the adoption hearing. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

6 REFERENCE TO AFFECTED RULES: This order amends the following sections of the Washington Administrative Code: Repealing WAC 480-31-140 Safety inspections and amending WAC 480-31-999 Adoption by reference.

7 NOTICE OF PROPOSED RULE MAKING: The commission filed an expedited rule making, CR-105, on January 27, 2006, at WSR 06-04-049. The statement advised interested persons that specific records required by WAC 480-31-140 are already required in other sections of chapter 480-31 WAC where the commission adopts by reference Title 49 Code of Federal Regulations, making the rule redundant. The commission also informed persons of the matter by providing notice of the subject and the CR-105 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3), the commission's list of all nonprofit bus service providers, persons interested in issues related to these companies, as well as attorneys representing these companies, and by posting all information on the commission's web site.

8 COMMENTERS (WRITTEN COMMENTS): The commission received no written comments.

9 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend the rules as proposed in the CR-105 at WSR 06-04-049.

10 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-31-140 should be repealed and WAC 480-31-999 should be amended to remove the reference to WAC 480-31-140 in subsection (2)(b), as rules of the Washington utilities and transportation commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

ORDER

11 THE COMMISSION ORDERS:

12 (1) The commission repeals WAC 480-31-140 and amends WAC 480-31-999 to remove the reference to WAC 480-31-140 in subsection (2)(b), as rules of the Washington utilities and transportation commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

13 (2) This order and the rules set out below, after being recorded in the register of the Washington utilities and transportation commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

DATED at Olympia, Washington, May 3, 2006.

Washington State Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-8602.1


AMENDATORY SECTION(Amending WSR 05-21-022, filed 10/10/05, effective 11/10/05)

WAC 480-31-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, 2005.

(b) This publication is referenced in WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, 2004.

(b) This publication is referenced in WAC 480-31-100 (Equipment -- Safety), WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs), and WAC 480-31-130 (Operation of motor vehicles) ((and WAC 480-31-140 (Safety inspections))).

(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022, 480-31-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-31-999, filed 9/28/01, effective 10/29/01.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 480-31-140 Safety inspections.

Washington State Code Reviser's Office