No. 34415 (Emergency Rule): Section R930-5-13. Notice of Intended Action

DAR File No.: 34415
Filed: 02/09/2011 07:12:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this filing is to bring the rule into compliance with Section 72-6-114 which authorizes a highway authority to temporarily close or restrict travel on a highway under their jurisdiction due to construction, maintenance work, or emergency without providing notice and hearing.

Summary of the rule or change:

The change adds the word "permanent" to distinguish permanent railroad crossing closures and additions that require notice and hearing, from temporary closures due to highway construction, maintenance work, or emergency that are authorized by Section 72-6-114 and which do not require notice and hearing. (DAR NOTE: A corresponding proposed amendment to Section R930-5-13 will be published in the March 15, 2011, issue of the Bulletin under DAR No. 34452.)

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare; and place the agency in violation of federal or state law.

Justification: Based on the Public Service Commission interpretation of the rule, the Utah Department of Transportation (UDOT) is unable to restrict travel at railroad crossings under this rule without first giving public notice and holding a hearing. The inability to immediately restrict travel at a railroad crossing in the event of an emergency, creates imminent peril to the public health, safety, or welfare. The change will bring the rule into compliance with Section 72-6-114 which authorizes highway authorities to restrict travel due to construction, maintenance work, or emergency without providing notice and hearing.

State statutory or constitutional authorization for this rule:

• Section 41-6a-1205
• Section 72-6-114
• Section 54-4-15
• Section 54-4-14
• Section 72-1-201

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

local governments:

There are no anticipated costs or savings to local government because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

small businesses:

There are no anticipated costs or savings to businesses because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses because the change only adds a distinction between temporary travel restrictions due to construction, maintenance, or emergency, and permanent restrictions that require notice and hearing.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

This rule is effective on:

02/09/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

R930-5. Establishment and Regulation of At-Grade Railroad Crossings.

R930-5-13. Notice of Intended Action.

(1) Public notification of a public hearing opportunity is required, in conformance with Section R930-2, when the Department is considering a proposal to permanently close a Crossing, add a track at a Crossing, or construct a new Crossing. It is the responsibility of the Highway Authority, Railroad, or Company requesting the proposed action, in consultation with the Department, to carry out the requirements of this section unless otherwise agreed to by the Department.

(2) In instances where the action proposed by the Department does not substantially affect the public, the Department may waive the requirement to notice a public hearing opportunity, provided the affected Diagnostic Team members concur in writing.

 

KEY: railroad, crossing, transportation, safety

Date of Enactment or Last Substantive Amendment: [February 9, ]2011

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 41-6a-1205; 54-4-14; 54-4-15; 72-1-201

 

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