HomeMy WebLinkAbout990414_ws.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
TONYA CLARK
DON HOWELL
RON LAW
DAVID SCOTT
WORKING FILE
FROM: WELDON STUTZMAN
DATE: APRIL 14, 1999
RE: REQUEST BY ITD FOR AMENDMENT OF THE PUC’S RAILROAD CEARANCE RULES
On January 28, 1999, the Commission received a request from the Idaho Transportation Department (ITD) asking the Commission to amend one of its Railroad Clearance Rules. Rule 201.02 requires an overhead clearance of 23 feet 6 inches for structures over railroad tracks installed or constructed after September 1, 1980. According to ITD’s request, the Federal Highway Administration requires a clearance of 23 feet and the major railroad companies in Idaho require either a clearance of 22 feet 6 inches or 23 feet. The Department requests that the Commission change its rule to lower the 23 foot 6 inch requirement. ITD recommends that the rule allow for a “vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is higher.”
Idaho Code § 67-5230 allows a person or entity to petition for the adoption, amendment or repeal of the rule. When a request is received, the state agency is required to either deny the request or initiate a rulemaking proceeding. Staff recommends that the Commission initiate a rulemaking by issuing a Notice of Petition and Notice of Modified Procedure to request comments on ITD’s proposal. If no objections to the proposal are received and the Commission agrees with the Department’s request, a final order could be adopted proposing the requested rule change. This process would qualify as an “informal” negotiated rulemaking and would allow for a fairly rapid change to the rule, at least at the Commission. Once the final order is issued, the proposed rule change would be forwarded to the State Rules Coordinator.
Commission Decision
Should the Commission issue a Notice of Petition and Notice of Modified Procedure to invite comments on the request by ITD to lower the Commission’s railroad clearance requirement from 23 feet 6 inches to “the vertical clearance required by the owner of the railroad tracks or 22 feet 6 inches, whichever is higher”?
Weldon Stutzman
Vld/M:rrrules_ws.doc
DECISION MEMORANDUM 2