WSR 15-11-092

PREPROPOSAL STATEMENT OF INQUIRY

[Docket TR-151079—Filed May 20, 2015, 8:54 a.m.]

Subject of Possible Rule Making: The utilities and transportation commission (commission) commences this rule making to consider rules within chapter 480-62 WAC to update railroad annual reporting requirements on financial responsibility and safety standards for private crossings and to provide opportunities for first-class cities to opt in to the commission crossing safety program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 81.04.160, 81.24.010, 81.53.010, 81.53.240, and chapter 81.44 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission regulates public safety issues of railroads operating within Washington. ESHB 1449, chapter 274, Laws of 2015, adopts financial responsibility reporting requirements that railroads hauling crude oil must include in the annual reports they submit to the commission. In addition, the legislation authorizes the commission to enforce safety standards for private crossings and enables first-class cities to opt in to the commission's rail crossing safety program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Railroad Administration has authority over railroad safety. The Surface Transportation Board has economic authority over railroads.

Process for Developing New Rule: The commission will ask for initial written comments, schedule one or more workshops, and will provide the opportunity for stakeholders to submit additional written comments on draft rules and proposed CR-102 rules prior to adoption.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may file comments with the Executive Director and Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1174, fax (360) 586-1150, e-mail records@utc.wa.gov, or through the UTC web portal http://www.utc.wa.gov/e-filing by 5:00 p.m., Monday, June 22, 2015.

WRITTEN COMMENTS AND STAKEHOLDER WORKSHOP: The commission has scheduled a stakeholder workshop in this rule making for Wednesday, July 8, 2015, beginning at 9:30 a.m., in the Commission's Hearing Room, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. Written comments may be submitted to the Commission at the address given above and should be filed with the commission no later than 5:00 p.m., Monday, June 22, 2015, for consideration at the July 8, 2015, stakeholder workshop.

Electronic copies. The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted via the commission's web portal at www.utc.wa.gov/e-filing or by electronic mail to the commission's records center at records@utc.wa.gov. Please include:

An alternative method for submitting comments may be by mailing/delivering an electronic copy on a flash drive, DVD, or compact disk including the filed document(s). Parties must furnish electronic copies in MS Word 6.0 (or later) supplemented by a separate file in .pdf (Adobe Acrobat) format. Include all of the information requested above. The commission will post on the commission's web site all comments that are provided in electronic format. The web site is located at http://www.utc.wa.gov/151079. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's web site as it becomes available. If you wish to receive further information on this rule making you may (1) call the commission's records center at (360) 664-1234, (2) e-mail the commission at <records@utc.wa.gov>, or (3) mail written comments to the address above to the attention of Steven V. King, executive director and secretary. When contacting the commission, please refer to Docket TR-151079 to ensure that you are placed on the appropriate service list. Questions may be addressed to Jason Lewis, (360) 664-1206 or e-mail jlewis@utc.wa.gov.

TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING — The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the records center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and phone and fax numbers referencing Docket TR-151079, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, phone and fax numbers, referencing Docket TR-151079, and the words "Please keep me on the mailing list" to <records@utc.wa.gov>. Please note that all information in the mailings will be accessible through the commission's internet web site at <http://www.utc.wa.gov/151079>. THOSE INTERESTED PERSONS WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

May 20, 2015

Steven V. King

Executive Director

and Secretary