WSR 17-17-107
[Filed August 21, 2017, 7:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-07-100.
Title of Rule and Other Identifying Information: Minor revisions to WAC 468-95-302 Flagger stations.
Hearing Location(s): On October 31, 2017, at 9:00 a.m., at the Washington State Department of Transportation (WSDOT), 310 Maple Park, Room 1D2. Please sign in at the reception desk.
Date of Intended Adoption: October 31, 2017.
Submit Written Comments to: Rick Mowlds, P.O. Box 47344, Olympia, WA 98504-7355 [98504-7344], email, fax 360-705-6826, other 360-705-7988, by October 30, 2017.
Assistance for Persons with Disabilities: Contact Grant Heap, phone 360-705-7760, TTY 711, email, by October 30, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to allow flaggers within an intersection at each intersecting leg. Currently, the rule does not allow a flagger to be within the intersection, except for emergencies.
Reasons Supporting Proposal: The change will provide greater control of vehicles and pedestrians at work zone locations at intersections.
Statutory Authority for Adoption: RCW 47.36.030.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The rule clarifies where the position of a flagger [is] within an intersection.
Name of Proponent: WSDOT, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Rick Mowlds, Olympia, Washington, 360-705-7988.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The rule does not change federal regulations or Washington state law. The rule clarifies where the position of a flagger [is] within an intersection.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
August 21, 2017
Kara Larsen, Director
Risk Management and Legal Services
AMENDATORY SECTION (Amending WSR 11-23-101, filed 11/18/11, effective 12/19/11)
WAC 468-95-302 Flagger stations.
Add a new Standard to MUTCD Section 6E.08 to read:
A single flagger shall not flag ((traffic within)) from the center of an intersection, except ((for)) when there is an emergency or when law enforcement is flagging. When flagging at an intersection there shall be a flagger controlling each intersection leg.