WSR 01-13-125

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[ Filed June 20, 2001, 11:41 a.m. ]

     Subject of Possible Rule Making: Update transportation and pipeline safety related chapters in Title 480 WAC adoption by reference rules and other minor administrative changes such as: Correct telephone numbers; repeal obsolete sections; add cross references to adopted material; and create new sections in each chapter that would move the adoption by reference material to the same location in each chapter. Affected chapters include chapters 480-14, 480-15, 480-30, 480-31, 480-40, 480-70, 480-75, and 480-93 WAC. Docket No. A-010827. This rule making will also review adoption by reference dates in chapters 480-75 and 480-93 WAC adopted in emergency rules in Docket UG-010816.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 General, 80.04.160 Utility, 81.04.160 Transportation, 34.05.310 Prenotice inquiry.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 1. The commission has one hundred twenty days after an emergency rule making to codify rules permanently. This rule making will review the updated adoption by reference in emergency rules adopted in Docket UG-010816.

     2. The commission adopts by reference several rules in Title 40 and Title 49 of the Code of Federal Regulations and the Commercial Vehicle Safety Alliance's North American Out-Of-Service Criteria. Commission rules need to be updated to reflect the most current versions of those published documents.

     Process for Developing New Rule:      Agency study; and pursuant to the exception granted in RCW 34.05.310(4) for this type of rule making, the commission proposes to forego stakeholder workshops unless requested to do so by interested persons. The commission requests written comments not later than July 19, 2001.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may contact the Secretary, Washington Utilities and Transportation Commission, Docket No. A-010827, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1160, fax (360) 586-1150, or e-mail records@wutc.wa.gov.

     NOTICE OF WORKSHOP: Pursuant to the exception granted in RCW 34.05.310(4) for this type of rule making, the commission proposes to forego stakeholder workshops unless requested to do so by interested persons. The commission has posted draft rules and a chart identifying substantive federal rule changes to its website at www.wutc.wa.gov/010827. Questions may be addressed to Kim Dobyns at (360) 664-1242 or via e-mail at kdobyns@wutc.wa.gov.

     WRITTEN COMMENTS: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. A-010827, not later that July 19, 2001. All commenters are asked, but not required, to file their comments electronically. The commission prefers to receive comments either via e-mail attachments addressed to records@wutc.wa.gov or on a 3 1/2 inch IBM formatted high-density disk, in .pdf format and either MSWord97 or later, or WordPerfect version 5.1 or later, labeled with the docket number of this proceeding and the commenter's name and type of software used. If you are unable to file your comments electronically, please file the original and sixteen copies of your comments with the commission secretary at the address indicated above. The commission may offer additional opportunities to provide written comments.

     The commission has posted draft rules, by chapter, and a chart identifying substantive federal rule changes to its website at www.wutc.wa.gov/010827. If you are unable to access the commission's web page and would like a copy of the draft rules, please contact the records center at (360) 664-1234 and identify the specific chapter of draft rules you want mailed to you.


NOTICE


     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 submits comments will automatically 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 No. A-010827, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket No. A-010827, and the words "Please keep me on the mailing list" to records@wutc.wa.gov. Please note that all information in the mailings will be accessible through the commission's Internet website at <http://www.wtuc.wa.gov/010827>.

     THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

June 20, 2001

C. Robert Wallace

for Carole J. Washburn

Secretary

© Washington State Code Reviser's Office