pending.ntc.doc

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.71.01 – RAILROAD CLEARANCE RULES

DOCKET NO. 31-7101-9901

NOTICE OF PENDING RULE

EFFECTIVE DATE: This rule has been adopted by the agency and is now pending review by the 2000 Idaho State Legislature for final adoption. The pending rule becomes final and effective at the conclusion of the legislative session, unless the rule is approved, rejected, amended or modified by concurrent resolution in accordance with Section 67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by concurrent resolution, the rule becomes final and effective upon adoption of the concurrent resolution or upon the date specified in the concurrent resolution.

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that this agency has adopted a pending rule. The action is authorized pursuant to Section 67-5230, Idaho Code.

DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons for adopting the pending rule and a statement of any change between the text of the proposed rule and the text of the pending rule with an explanation of the reasons for the change.

To lower the minimum vertical clearance required over railroad tracks from 23 feet 6 inches to “the vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches (22’ 6”), whichever is greater.”

The pending rule is being adopted as proposed. The original text of the proposed rule was published in the August 1999 Idaho Administrative Bulletin, Volume 99-8, pages 341-342.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this pending rule, contact Weldon B. Stutzman, Deputy Attorney General, [phone].

DATED this day of October 1999.

Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington St. (83702-5983)
PO Box 83720
Boise, ID 83720-0074
Tele: [phone]
FAX: [phone]