Subject of Possible Rule Making: Chapter 296-28 WAC, Clearance rules for railroads in private yards and plants.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, [49.17].040, [49.17].050, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A review of chapter 296-28 WAC and the anticipated result of updating and rewriting the chapter in plain English is part of the department's regulatory improvement plan under the direction and authority of Executive Order 97-02. An updated, clearly written set of clearance rules will improve industry compliance and department administration and enforcement. A well written set of clearance rules will reflect the department's regulatory improvement goal of adopting rules that are understandable, necessary and fair.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Utilities and Transportation Commission (UTC) regulates railroad clearances for common carriers. Department of Labor and Industries (L&I) representatives have met with UTC representatives regarding jurisdictional issues and the revision of chapter 296-28 WAC. L&I plans to communicate with UTC representatives throughout the rule-making process to solicit their ideas and keep them abreast of the projects progress. OSHA does not have rules regulating railroad clearances.

Process for Developing New Rule: Parties interested in this project and the development of proposed railroad clearance rules for private yards and plants may contact the individuals listed below. The public may also participate by submitting written comments on proposed rule amendments during the public hearing process or by giving oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Morris Payne, Safety and Health Specialist, Department of Labor and Industries, Policy and Technical Services, P.O. Box 44655, Olympia, WA 98504-4655, phone (360) 902-5569, fax (360) 902-5438; or George Huffman, Project Manager, Department of Labor and Industries, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5008, fax (360) 902-5529.

August 30, 2000

Gary Moore

Director

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