WSR 97-12-074

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed June 4, 1997, 8:40 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-03-118.

Title of Rule: Repealing Title 466 WAC, Toll Bridge Authority and WAC 468-300-210 Transporting hazardous materials on Washington state ferries; and new WAC 468-300-220 Calculation of charter rates for vessels owned by the Washington [state ferry system].

Purpose: To revise rules to reflect 1997 legislative changes in chapter 323, Laws of 1997.

Statutory Authority for Adoption: RCW 47.01.061 and 42.30.070.

Statute Being Implemented: Chapter 47.60 RCW.

Summary: Title 466 WAC, Toll Bridge Authority and WAC 468-300-210 are repealed due to 1997 legislation. WAC 468-300-220 will implement that legislation.

Reasons Supporting Proposal: Chapter 323, Laws of 1997, amended chapter 47.60 RCW to allow chartering of Washington state ferry vessels to hazardous material transporters and set forth conditions of such chartering.

Name of Agency Personnel Responsible for Drafting: William L. Williams, Assistant Attorney General and Bill Greene, Washington State Ferries, Olympia and Seattle, (360) 753-4960; Implementation: Terry McCarthy, Colman Dock, Seattle, Washington, (206) 515-3403; and Enforcement: Paul Green, Colman Dock, Seattle, Washington, (206) 515-3401.

Name of Proponent: Washington State Department of Transportation, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 468-300-220 will implement 1997 legislation concerning chartering of Washington state ferry vessels, including hazardous material transporters. It sets forth the calculation of charter rates for those vessels from July 27, 1997, (the date specified in the legislation), through June 30, 1998. Consistent with the legislation, the rates will be updated each year beginning July 1, 1998. Because of effective date set forth in the legislation, it is anticipated that this rule will be adopted on both an emergency and regular basis at the July 16, 1997, hearing.

Proposal Changes the Following Existing Rules: WSR 97-03-118 began the process for modifying rules relating to transportation of hazardous materials on Washington state ferry vessels. The Transportation Commission postponed considering modifications because the 1997 legislature was considering addressing this matter with legislation. Chapter 323, Laws of 1997, stipulates the conditions for such chartering. To implement the provisions of this legislation, this proposal would repeal Title 466 WAC, Toll Bridge Authority and WAC 468-300-210 Transporting hazardous materials on Washington state ferries and implement a new rule, WAC 468-300-220 Calculation of charter rates for vessels owned by the Washington state ferry system.

No small business economic impact statement has been prepared under chapter 19.85 RCW. It is exempt pursuant to RCW 19.85.025 and 34.05.310(4) in that the rule adopts or incorporates provisions of state law.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. See paragraph above.

Hearing Location: Transportation Commission, Room 1D2, Transportation Building, Olympia, Washington 98504, on July 16, 1997, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Commission Office by July 7, 1997, TDD (360) 705-6980, or 1-800-486-8392.

Submit Written Comments to: Terry McCarthy, Washington State Ferries Deputy Director, Colman Dock, Pier 52, 801 Alaskan Way, Mailstop TB-32, Seattle, WA 98104-1487, FAX (206) 515-3682, by July 14, 1997.

Date of Intended Adoption: July 16, 1997.

June 3, 1997

Chris R. Rose

Administrator

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 468-300-210 Transporting hazardous materials on Washington state ferries.

Title 466 WAC Toll Bridge Authority.

NEW SECTION

WAC 468-300-220 Calculation of charter rates for vessels owned by the Washington state ferry system. Pursuant to Chapter 323, Laws of 1997, vessels owned by the Washington State Ferry System may be made available for charter subject to operational availability. Execution of a charter agreement as set forth in the statute must precede a commitment to charter. The following actual hourly vessel operating costs have been calculated for establishing the rates to be charged for vessel charters from July 27, 1997, through June 30, 1998:

[Open Style:Columns Off]

[Open Style:Columns On]

The rate for an individual charter will be calculated by multiplying the actual operating cost set forth above for the vessel that is chartered by the number of hours, or fraction thereof, for which the vessel is chartered. If a particular charter requires a crew callout, additional labor costs, mileage and per diem expenses incurred shall be added to determine the total actual cost, which shall then be increased by fifty percent, and then rounded to the nearest fifty dollars to determine the rate to be charged for the charter. In the case of charters for the transport of hazardous materials, the transporter is required to pay for all legs necessary to complete the charter, even if the vessel is simultaneously engaged in an operational voyage on behalf of the Washington State Ferry System.