Agenda Date:  March 31, 1999
Agenda Item:  

Docket:  TR-981102
   Railroad General -- Rulemaking  

Rules relating to railroad company operations.  All provisions currently 
codified in chapter 480-62 WAC will be affected and new rules may be considered.

Staff:   Kim Dobyns, Policy Research Specialist
Mike Rowswell, Rail Operations Manager
Scott Barrett, Transportation Specialist
   Penny Hansen, Public Involvement Coordinator
Karen Caille, Review Judge
Teresa Osinski, Policy Program Manager
Ann Rendahl, Assistant Attorney General
      

Recommendation:

Direct the Secretary to file a preproposal statement of inquiry in Docket No. 
TR-981102 to initiate review of the Commission’s railroad company operations 
rules codified in  
Chapter 480-62  of the Washington Administrative Code.

Discussion:

This review of railroad company operation rules is proposed to comply with 
Executive 
Order 97-02.  That order requires agencies to review significant rules against 
specified standards, including:

1. Do the current rules provide the results that they were originally intended 
to achieve?
2. Are the rules written and organized in a clear and concise manner, so they 
are readily understood by those to whom they apply?
3. Are the current rules obsolete, duplicative, or in need of repeal?

The rulemaking process will also review and determine whether there is a need 
to add rules concerning:

1. Reporting requirements regarding notification of:  
Any railroad company that will affect a surrounding community; 
   Company ownership changes and related information;  
Remote control train operations; and, 
Company time tables, bulletins, and notices; and,
Identity and contact information of railroad police;
2. Blocking crossings;
3. Identifying specific maintenance requirements and standards regarding:
Crossing surfaces; and,
Signals and circuitry;  
4. Identifying specific safety and operating rules regarding:
Industrial and logging railroads; 
Commuter rail; 
Track motor cars and related on-track equipment; and,
Post-accident drug and alcohol testing
5. Identifying specific procedures when considering petitions to implement 
whistle bans; and,
6. Improving the process for filing petitions for grade crossing improvements.  

The commission will also consider adopting by reference applicable portions of:

1. USDOT Federal Railroad Administration regulations; 
2. USDOT Federal Highway Administration regulations; and, 
3. Railroad company General Code of Operating Rules (GCOR).  

Interested persons may also request the commission consider related issues.

Staff will schedule public meetings and workshops with broad notice to 
interested persons, specifically inviting regulated railroad companies, unions, 
and other interested persons to participate in the rulemaking process.  The 
first round of written comments are requested not later than April 30, 1999 and 
the first workshop will be held with interested persons on 
May 27, 1999.

Therefore, staff recommends that the Secretary be directed to file a 
preproposal statement of inquiry (CR-101) in Docket No. TR-981102 to initiate 
review of the Commission’s railroad company operations rules codified in 
Chapter 480-62 of the Washington Administrative Code.