WSR 25-09-159
EXPEDITED RULES
FREIGHT MOBILITY
STRATEGIC INVESTMENT BOARD
[Filed April 23, 2025, 8:23 a.m.]
Title of Rule and Other Identifying Information: Chapter 226-16 WAC, Requirements for freight mobility project development; WAC 226-16-010 Methods of construction, 226-16-020 Registered engineer in charge, 226-16-040 Standard specifications, 226-16-050 Value engineering study requirements, 226-16-100 Design standards for freight mobility strategic investment board projects, 226-16-110 Allocation of freight mobility strategic investment program funds to regions, 226-16-150 Freight mobility program management, 226-16-160 Work progress on freight mobility projects, 226-16-170 Phase approval of freight mobility projects, 226-16-180 Cost increases on freight mobility projects, and 226-16-200 Lack of performance on freight mobility projects.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal chapter 226-16 WAC per changes under chapter
47.06A RCW. Elements of this chapter are no longer applicable and cannot be applied to project development or delivery. Under the changes to chapter
47.06A RCW, project delivery is done in consultation with Washington state department of transportation local programs.
Reasons Supporting Proposal: Chapter is no longer applicable per chapter
47.06A RCW.
Statutory Authority for Adoption: RCW
47.06A.020 (2)(a).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Freight mobility strategic investment board (FMSIB), governmental.
Name of Agency Personnel Responsible for Drafting and Enforcement: Brandy DeLange, 505 Union Avenue S.E., Suite 350, Olympia, 98501, 360-586-9695; Implementation: Joy Dopita, 505 Union Avenue S.E., Suite 350, Olympia, [WA] 98501, 360-586-9695.
This notice meets the following criteria to use the expedited adoption process for these rules:
Relates only to internal governmental operations that are not subject to violation by a person.
Adopts or incorporates 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.
This notice meets the following criteria to use the expedited repeal process for these rules:
The rule is no longer necessary because of changed circumstances.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This change will bring FMSIB policies and procedures for project criteria and development of freight mobility projects into compliance with chapter
47.06A RCW.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Brandy DeLange, FMSIB, 505 Union Avenue S.E., Suite 350, Olympia, [WA] 98501, phone 360-586-9695, email brandy.delange@fmsib.wa.gov, BEGINNING April 23, 2025, AND RECEIVED BY June 23, 2025.
April 22, 2025
Brandy DeLange
Executive Director