WSR 17-16-007

PREPROPOSAL STATEMENT OF INQUIRY

[Docket TR-170780—Filed July 20, 2017, 9:11 a.m.]

Subject of Possible Rule Making: The purpose of this rule making is to implement ESHB 1105, chapter 333, Laws of 2017, which was passed by the legislature and subsequently signed by Governor Inslee. The effective date of the legislation is January 1, 2018. This potential rule making is recorded as Docket TR-170780 at the commission.

Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 1105, Section 2, Paragraph (2), which states, "The commission must adopt rules under chapter 34.05 [RCW] as necessary to carry out this chapter regarding the operation of contract crew transportation vehicles."

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Railroad companies transport employees from one location to another to perform their duties. Railroad companies either provide transportation directly or, quite often, contract with private companies to transport employees. The commission currently regulates companies that provide passenger transportation if the vehicle used for transportation has a seating capacity for eight or more passengers, including the driver. The commission regulates and enforces safety requirements for these vehicles, including insurance coverage requirements, purchasing and maintaining vehicles, drivers' hours of service, controlled substance and alcohol testing requirements, and provisions for emergency equipment, among other requirements. Under the current statutes and rules, however, if a railroad contracts with a company that operates vehicles with a seating capacity of seven or fewer passengers, none of these safety requirements apply. This legislation eliminates the seating capacity threshold and requires all vehicles transporting railroad employees, regardless of size, to meet commission safety standards.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The commission will ask for initial written comments on the CR-101 by August 28, 2017, and plans to host a stakeholders' workshop on October 5, 2017.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may contact the utilities and transportation commission (UTC) by phone (360) 664-1174, fax (360) 586-1150, or in writing to Executive Director and Secretary, UTC, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 09504-7250 [98504-7250].

Interested persons may file written comments on the CR-101 by fax, by mail or via web at http://www.utc.wa.gov/TR-170780, by August 28, 2017.

WRITTEN COMMENTS AND STAKEHOLDER WORKSHOP: Written comments must be filed with the commission no later than 5 p.m., August 28, 2017, for consideration at the October 5, 2017, stakeholder workshop. Comments must be provided in electronic format. You may submit comments via the commission's web portal at www.utc.wa.gov/e-filing or by electronic mail to the commission's records center at records@utc.wa.gov. Please include:

An alternative method for submitting comments is mailing or delivering an electronic copy to the commission's records center on a thumb drive, CD, or DVD in .pdf format (created using Adobe Acrobat or comparable software) or in Microsoft Word. Include all of the information requested above. The commission will post all comments on its web site. The web site is located at http://www.utc.wa.gov/TR-170780.

Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's web site as it becomes available. If you wish to receive further information on this rule making you may (1) call the commission's records center at (360) 664-1234, or (2) email the commission at records@utc.wa.gov. When contacting the commission, please refer to Docket TR-170780 to ensure that you are placed on the appropriate service list. Questions may be addressed to Mathew Perkinson, (360) 664-1236, or email mperkinson@utc.wa.gov.

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 COMMENTS will 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 sending an email with your name, address, telephone and fax numbers, referencing Docket TR-170780, and the words "Please keep me on the mailing list" to records@utc.wa.gov. Please note that all information in the mailings will be accessible through the commission's internet web site at http://www.utc.wa.gov/TR-170780. THOSE INTERESTED PERSONS WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

July 20, 2017

Steven V. King

Executive Director

and Secretary