WSR 98-02-004

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[General Order No. R-445, Docket No. A-970591--Filed December 24, 1997, 2:18 p.m.]

In the matter of repealing chapters 480-35, 480-69 and 480-150 WAC, relating to limousine charter party carriers, railroad companies - track scales, and compliance with Economic Stabilization Act of 1970.

statutory or other authority: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 97-22-083, filed with the code reviser on November 4, 1997. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, and 81.04.160.

statement of compliance: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

date of adoption: The commission adopted this rule on December 10, 1997.

concise statement of purpose and effect of the rule: The proposal would repeal three chapters of the Washington Administrative Code that are obsolete because the commission no longer has programmatic responsibility over the subjects of the chapter.

reference to affected rules: This rule repeals, amends, or suspends the following sections of the Washington Administrative Code: Repealing chapters 480-35, 480-69, and 480-150 WAC.

preproposal statement of inquiry and actions thereunder: The commission filed a preproposal statement of inquiry (CR-101) on August 14, 1997, at WSR 97-17-046. The commission also provided notice of the proposed action to lists of persons who have asked to receive notice of rule-making actions, and attorneys who practice before the commission.

additional notice and activity pursuant to preproposal statement: The statement advised interested persons that the commission was considering entering a rule making on repealing chapters 480-35, 480-69, and 480-150 WAC. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to regulated entities and attorneys. Pursuant to the notice, the commission did engage in two workshops at which the topic was one for discussion.

notice of proposed rule making: The commission filed a notice of proposed rule making (CR-102) on November 4, 1997, at WSR 97-22-083. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 97-22-083 at 9:00 a.m., Wednesday, December 10, 1997, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

meetings or workshops; oral comments: No persons commented against the repeal of these provisions.

commenters (written comments): The commission received no written comments against the repeal of these provisions.

rule-making hearing: The rule repeal proposal was considered for adoption, pursuant to the notice, at the commission's regularly scheduled open public meeting on December 10, 1997, before Chair Anne Levinson, Commissioner Richard Hemstad, and Commissioner William R. Gillis. C. Robert Wallis of commission staff commented about the repeal proposal, supporting the proposal to repeal the chapters.

suggestions for change that are rejected: No persons submitted suggestions for change in the proposal.

commission action: After considering all of the information regarding this proposal, the commission repealed chapters 480-35, 480-69, and 480-150 WAC.

changes from proposal: The commission adopted the proposal with the following changes from the text noticed at WSR 97-22-083: None.

statement of action; statement of effective date: In reviewing the entire record, the commission determines that WAC chapters should be repealed, to take effect 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 28.

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 28.

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.

the commission orders:

1. Chapters 480-35, 480-69, and 480-150 WAC are repealed as rules 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).

2. This order, 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 and 34.05 RCW and chapter 1-21 WAC.

3. The commission adopts commission staff memoranda, presented when the commission considered filing a preproposal statement of inquiry, when it considered filing the formal notice of proposed rule making, and when it considered adoption of this proposal, in conjunction with the text of this order, as its concise explanatory statement of the reasons for repeal, as required by RCW 34.05.025.

dated at Olympia, Washington, this 23rd day of December 1997.

Washington Utilities and Transportation Commission

Anne Levinson, Chair

Richard Hemstad, Commissioner