RULES AND REGULATIONS
Title 67--TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 103]
Vehicles Required to Stop at Railroad Grade Crossings
[34 Pa.B. 6031] The Department of Transportation (Department), Bureau of Highway Safety and Traffic Engineering (Bureau), under 75 Pa.C.S. §§ 6103, 6105, 6121 and 6122, deletes Chapter 103.
Purpose of this Chapter
Chapter 103 described the type of motor vehicles required to stop at a crossing where a railroad track crosses a highway at grade. The final-form rulemaking was mandated by 75 Pa.C.S. § 3342(d) (relating to vehicles required to stop at railroad crossings).
Purpose of this Final-Form Rulemaking
The purpose of this final-form rulemaking is to delete Chapter 103. Chapter 103 is no longer needed because 75 Pa.C.S. § 3342(d) was amended by the act of December 21 1998 (P. L. 1126, No. 151) and no longer requires the Department to adopt regulations describing the vehicles which must comply with the stopping requirements at railroad grade crossings. Section 3342(d) of 75 Pa.C.S. now mandates that the Department publish, as a notice in the Pennsylvania Bulletin, a list of the vehicles that must stop at railroad grade crossings.
On February 17, 2001, the Department, acting through the Bureau and in compliance with 75 Pa.C.S. § 3342(d), published a notice at 31 Pa.B. 1007 (February 17, 2001) designating the vehicles which must comply with the stopping requirements in 75 Pa.C.S. § 3342. In the course of determining the types of vehicles to be included in the list, the Department adopted the same criteria as contained in 49 CFR 392.10 (relating to railroad grade crossings; stopping required). Prior to publication, the Bureau circulated the proposal internally within the Department and with the State Police, Bureau of Patrol, and the Pennsylvania Public Utility Commission, Bureau of Transportation and Safety.
Publication for Public Comment
The proposed rulemaking was published at 34 Pa.B. 843 (February 14, 2004) and the public was invited to submit comments. The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees. No comments or objections to the rulemaking were received from the public, IRRC or the Committees.
Persons and Entities Affected
The final-form rulemaking affects Commonwealth law enforcement, the motoring public, operators of buses and commercial motor vehicles that, in accordance with 49 CFR 392.10, are required to stop at railroad grade crossings.
Fiscal Impact
Deleting this chapter will not impose any increased costs on private persons, State or local governments. This final-form rulemaking action will not occasion the development of any additional reports or other paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 4, 2004, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 843, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 8, 2004, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC effective September 8, 2004, and confirmed at IRRC's meeting on September 9, 2004.
Effective Date
This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
The Department is not establishing a sunset date for these regulations, since these regulations are being rescinded as no longer needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code).
Contact Person
The contact person for technical questions about the final-form rulemaking is Arthur H. Breneman, P. E., Chief, Traffic Engineering and Operations Division, Bureau of Highway Safety and Traffic Engineering, Commonwealth Keystone Building, 6th Floor, 400 North Street Harrisburg, PA 17120, (717) 787-3620.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 103, are amended by rescinding §§ 103.1 and 103.2 to read as set forth at 34 Pa.B. 843.
(b) The Secretary of the Department shall submit this order and 34 Pa.B. 843 to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and 34 Pa.B. 843 and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 5322 (September 25, 2004).)
Fiscal Note: Fiscal Note 18-387 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 04-1995. Filed for public inspection November 5, 2004, 9:00 a.m.]
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