WSR 17-01-101

PREPROPOSAL STATEMENT OF INQUIRY

[Docket TC-161262—Filed December 19, 2016, 9:02 a.m.]

Subject of Possible Rule Making: The utilities and transportation commission (UTC) commences this inquiry to consider whether to amend chapter 480-30 WAC to remove barriers to the ability of auto transportation companies to compete with other regulated and unregulated passenger transportation providers while continuing to safeguard public health and safety.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 81.04.160, 81.04.250, 81.68.030, and 81.68.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: UTC reviewed chapter 480-30 WAC in 2013 in Docket TC-121328 to address changes in the market and authorize rate flexibility for auto transportation companies. Since that time the transportation options to and from Seattle-Tacoma International Airport have continued to expand. Commercial transportation service providers like Uber and Lyft (also known as transportation network companies) have begun providing this service, joining auto transportation companies, taxis, limousines, buses, and light rail, the majority of which UTC does not regulate. UTC is concerned that its oversight of auto transportation companies may not be allowing the companies to keep pace with market changes. Any changes to the rules will continue to protect public health and safety.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other agency regulates auto transportation companies. However, the Port of Seattle regulates the use of its facilities by passenger transportation providers, and the department of licensing and Washington state patrol have regulatory authority over some other transportation providers. UTC will consult with those agencies during the rule making.

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. Interested persons may submit their contact information to the Executive Director and Secretary, UTC, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1174, fax (360) 586-1150.

WRITTEN COMMENTS AND STAKEHOLDER WORKSHOP: 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., January 27, 2017, for consideration at the March 2, 2017, 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, compact disk, in .pdf Adobe Acrobat format or in Word 97 or later. 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/161262. 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) email 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 TC-161262 to ensure that you are placed on the appropriate service list. Questions may be addressed to Chris Rose, (360) 664-1303 or email crose@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 telephone and fax numbers referencing Docket TC-161262, and the words "Please keep me on the mailing list"; or (2) email your name, address, telephone and fax numbers, referencing Docket TC-161262, 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/161262. THOSE INTERESTED PERSONS WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

December 19, 2016

Steven V. King

Executive Director

and Secretary