RULES AND REGULATIONS
Title 52--PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 29, 33 AND 35]
[32 Pa.B. 5888] [L-00010154]
Street Railway Transportation The Pennsylvania Public Utility Commission (Commission) will delete the existing regulations governing street railway transportation in this Commonwealth. The existing regulations are outdated in light of changes in street railway operations in the Commonwealth.
Executive Summary
At one time, street railway companies provided passenger service to many areas of this Commonwealth. Over the years, many of these street railway companies went out of business due to the widespread use of automobiles. To preserve street railway passenger service in the Pittsburgh and Philadelphia metropolitan areas, the General Assembly passed legislation authorizing the creation of transportation authorities and empowered those transportation authorities to purchase the assets of the street railway companies operating in those metropolitan areas. These transportation authorities, Southeastern Pennsylvania Transportation Authority (SEPTA) and Port Authority of Allegheny County (PAT) purchased the assets of the street railway companies and began operating street railway systems in the Philadelphia and Pittsburgh metropolitan areas. The Philadelphia and Pittsburgh metropolitan areas are the only places in this Commonwealth where street railway systems still operate.
SEPTA's and PAT's enabling legislation provides that those agencies shall determine the facilities they will operate, the services they will provide and the rates they will charge. The Commission is thus precluded from regulating SEPTA or PAT in these areas. In addition, SEPTA and PAT receive Federal funds for their operations. Receipt of the Federal funds is conditioned upon the authorities having safety programs in place that are monitored by the Department of Transportation (Department). Since the Department monitors the safety programs initiated by SEPTA and PAT, the Commission's regulations at §§ 35.1--35.44 are unnecessary.
The Commission initiated this rulemaking by order adopted November 30, 2001. On December 18, 2001, the Office of Attorney General approved the proposed regulations as to form and content. The Pennsylvania Bulletin published the proposed rulemaking on February 9, 2002. The only comments to the proposed rulemaking were filed by the Independent Regulatory Review Commission (IRRC). The Commission has incorporated those comments into the final-form rulemaking. The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
The contact person in the Law Bureau is David A. Salapa (717) 783-2841.
Public Meeting held
June 13, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Deletion of Street Railway Transportation Regulations at 52 Pa. Code §§ 35.1--35.44; Doc. No. L-00010154
Order By the Commission:
By Order adopted November 30, 2001, at L-00010154, we initiated a proposed rulemaking under sections 501 and 1501 of the Public Utility Code (66 Pa.C.S. §§ 501 and 1501) and the Commonwealth Documents Law (45 P. S. §§ 1201 et seq.) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5. The purpose of the proposed rulemaking was to delete existing Commission regulations governing street railway transportation in this Commonwealth. The current regulations are outdated in light of changes in street railway operations in this Commonwealth.
On December 18, 2001, the Office of Attorney General issued its approval of the proposed rulemaking as to form and legality. On January 24, 2002, we delivered copies of the proposed rulemaking to the House Committee on Consumer Affairs, the Senate Consumer Protection and Professional Licensure Committee, IRRC and the Legislative Reference Bureau. The Pennsylvania Bulletin published the proposed rulemaking for comment at 32 Pa.B. 797 (February 9, 2002).
The only comments to the proposed rulemaking were filed by IRRC on April 11, 2002. IRRC noted that three additional sections of 52 Pa. Code refer to terms found at Chapter 35, which these regulations propose to delete. IRRC's comments state that § 5.11(b) refers to § 35.1; that § 29.73 uses the term ''street railway cars'' in the posting notice prohibiting conversation; and that § 33.1 uses the term ''street railway'' in the definition of ''carrier.'' IRRC recommends that these terms and references should be deleted in the final-form rulemaking since they will become obsolete with the deletion of Chapter 35.
The Commission notes that the regulation at § 5.11(b), cited to in IRRC's comments, actually refers to 1 Pa. Code § 35.1, not 52 Pa. Code § 35.1. The Commission therefore declines to make this change suggested by IRRC.
The Commission agrees with the remaining comments filed by IRRC regarding references to Chapter 35 in §§ 29.73 and 33.1. Section 29.73 refers to ''street railway cars'' in the posting notice, which prohibits operators of motor or trackless trolley buses, as well as street railway cars, from conversing with passengers while the vehicle is in motion. Our deletion of Chapter 35 eliminates Commission authority over street railway operations. Since the Commission will no longer regulate street railway operations in this Commonwealth, the prohibition of conversation between operators and passengers on street railway cars is unnecessary and will be deleted.
Section 33.1 includes the term ''street railway'' in the definition of ''carrier.'' Since deleting Chapter 35 will eliminate the Commission's regulations regarding street railway operations in this Commonwealth, street railways will no longer be carriers for purposes of our regulations. Therefore, it is appropriate to delete their inclusion within the definition of carriers at § 33.1.
After considering the comments filed to the proposed rulemaking, the Commission believes that the regulations as set forth here in Annex A should be adopted as the final-form rulemaking. Accordingly, under sections 501 and 1501 of the Public Utility Code, the Commonwealth Document Law and regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5, we amend the regulations at §§ 29.73, 33.1 and 35.1--35.44 to read as set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations of the Commission, 52 Pa. Code Chapters 29, 31 and 35, are amended by amending §§ 29.73 and 33.1 and by deleting 35.1--35.3., 35.11--35.13, 35.21--35.26, 35.31--35.36 and 35.41--35.44 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
2. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
3. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and Annex A for formal review by the designated standing committees of both Houses of the General Assembly and for formal review and approval by IRRC.
5. The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. These regulations shall become effective upon publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary(Editor's Note: The amendments to §§ 29.73 and 33.1 were not included in the proposal at 32 Pa.B. 797. For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5582 (November 9, 2002).)
Fiscal Note: Fiscal Note 57-225 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart B. CARRIERS OF PASSENGERS OR PROPERTY
CHAPTER 29. MOTOR CARRIERS OF PASSENGERS
Subchapter B. COMMON CARRIERS
MARKINGS AND POSTING NOTICE § 29.73. Posting notice prohibiting conversation.
The following notice or a notice approved by the Commission shall be posted in a conspicuous place in the front part of the interior of each bus having seating capacity in excess of nine passengers:
PENNSYLVANIA PUBLIC UTILITY COMMISSION ORDER PROHIBITING CONVERSATION BY THE COMMISSION:
It is ordered: That operators of motor or trackless trolley buses engaged in intrastate common carrier service be and are hereby prohibited from conversing with passengers while the vehicle is in motion; and, further, that all passengers in such vehicles in motion be prohibited from distracting the attention of the operator by conversation or otherwise.
CHAPTER 33. RAILROAD TRANSPORTATION
Subchapter A. GENERAL PROVISIONS § 33.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Carrier--A railroad, railway company or corporation subject to Commission jurisdiction, which operates a steam or electric railroad in this Commonwealth.
* * * * *
CHAPTER 35. (Reserved) §§ 35.1--35.3. (Reserved).
§§ 35.11--35.13. (Reserved).
§§ 35.21--35.26. (Reserved).
§§ 35.31--35.36. (Reserved).
§§ 35.41--35.44. (Reserved).
[Pa.B. Doc. No. 02-2142. Filed for public inspection November 27, 2002, 9:00 a.m.]
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