WSR 07-10-028

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket TR-070198, General Order R-542 -- Filed April 23, 2007, 2:51 p.m. , effective May 24, 2007 ]

In the matter of repealing WAC 480-62-155 relating to train speeds.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission takes this action under WSR 07-04-110, filed with the code reviser on February 7, 2007. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 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 the commission to 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, including appendices, 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 repeals WAC 480-62-155 Train speeds.

7 NOTICE OF PROPOSED RULE MAKING: The commission filed an expedited rule making, CR-105, on February 7, 2007, at WSR 07-04-110. The statement advised interested persons that the rule making would repeal WAC 480-62-155 Train speeds. In June 2006, the state legislature adopted revisions to RCW 81.48.040, including a specific process for railroads to follow to increase train speeds. The commission's rule governing train speeds, WAC 480-62-155, establishes the commission's current process for considering whether to alter train speed limits, either upon petition or upon its own motion. Because the revisions to RCW 81.48.040 established a new process for considering train speed increases, this rule is no longer necessary. 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 lists of all railroad companies operating in the state, persons interested in railroad issues, as well as attorneys representing the industry, and by posting all information on the commission's web site.

8 WRITTEN COMMENTS: The commission received no written comments on the proposal to repeal the rule.

9 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should repeal WAC 480-62-155 as proposed in the CR-105 at WSR 07-04-110.

10 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-62-155 should be repealed as a rule 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 1.

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 0, Repealed 0.

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 The commission repeals WAC 480-62-155 as a rule 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 This order and the rule 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, 34.05 RCW and 1-21 WAC.

DATED at Olympia, Washington, April 23, 2007.

Washington utilities and transportation commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-9674.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 480-62-155 Train speeds.

Washington State Code Reviser's Office