WSR 08-11-119

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed May 21, 2008, 9:52 a.m. ]

Subject of Possible Rule Making: WAC 468-310-020 and 468-310-050.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 47.56 RCW, RCW 47.60.680 and 47.60.690.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSB 6794 is emergency legislation authorizing the new construction of small auto ferries. The legislation was signed into law on February 14, 2008, and took effect immediately. The subject WAC rules were previously amended by emergency rule making orders, the most recent of which was filed on April 24, 2008. The revisions modify the financial prequalification requirements for the new ferry procurement which will include a larger ferry design (aka the Island Home class) than previously advertised. The rule changes are required in order to promote the competitive process by increasing the number of potential bidders.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mr. Tim McGuigan, Director of Legal Services and Contracts, Washington State Ferries, 2901 Third Avenue, Suite 500, Seattle, WA 98121-3014, phone (206) 515-3601, fax (206) 515-3605.

May 21, 2008

Stephen T. Reinmuth

Chief of Staff

Washington State Code Reviser's Office