PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 103]
Vehicles Required to Stop at Railroad Grade Crossings
[34 Pa.B. 843] The Department of Transportation (Department), Bureau of Highway Safety and Traffic Engineering (Bureau), under the authority in 75 Pa.C.S. §§ 6103, 6105, 6121, and 6122, proposes to delete Chapter 103 (relating to vehicles required to stop at railroad grade crossings) to read as set forth in Annex A.
Purpose of this Chapter
Chapter 103 describes the type of motor vehicles required to stop at crossing where a railroad track crosses a highway at grade. Chapter 103 was mandated by 75 Pa.C.S. § 3342(d) (relating to vehicles required to stop at railroad grade crossings).
Purpose of this Proposed Rulemaking
The purpose of this proposed 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, with the Pennsylvania State Police, Bureau of Patrol, and the Pennsylvania Public Utility Commission, Bureau of Transportation and Safety.
Persons and Entities Affected
This proposed rulemaking affects Commonwealth law enforcement, the motoring public and the operators of buses and commercial motor vehicles that, in accordance with the regulations of the United States Department of Transportation, as contained in 49 CFR 392.10 (relating to railroad grade crossings; stopping required), are required to stop at railroad grade crossings.
Fiscal Impact
Deleting Chapter 103 will not impose any increased costs on private persons, State or local governments. This action will not occasion the development of any additional reports or other paperwork.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
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 this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Date
The Department is not establishing a sunset date for this proposed rulemaking since Chapter 103 is being deleted as no longer needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code).
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to 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 within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about the proposed 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.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-387. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VI. OPERATION OF VEHICLES
CHAPTER 103. [VEHICLES REQUIRED TO STOP AT RAILROAD GRADE CROSSINGS] (Reserved) § 103.1. [Purpose] (Reserved).
[This chapter describes the vehicles which shall stop at railroad grade crossings as required in 75 Pa.C.S. § 3342 (relating to vehicles required to stop at railroad crossings). The chapter has been developed in conjunction with the Pennsylvania Public Utility Commission and the Urban Mass Transportation Authority.]
§ 103.2. [Types of vehicles] (Reserved).
[The following types of vehicles shall comply with 75 Pa.C.S. § 3342 (relating to vehicles required to stop at railroad crossings):
(1) Buses. Buses designed for carrying more than ten passengers and engaged in the carriage of persons as passengers of a transportation service.
(2) Nonprofit organization and local government vehicles. Vehicles owned or operated by private nonprofit corporations and associations; municipalities, counties or their instrumentalities; or by the Commonwealth or its agencies or instrumentalities, when the vehicles are engaged in the carriage of persons as passengers of a transportation service.
(3) Hazardous substances. Vehicles transporting hazardous substances and displaying one of the following placards required by Chapter 403 (relating to Hazardous Substances Transportation Board):
(i) Explosives A.
(ii) Explosives B.
(iii) Poison gas.
(iv) Flammable solid W.
(v) Oxidizers.
(vi) Nonflammable gas.
(vii) Corrosives.
(viii) Flammable gas.
(ix) Radioactive.
(x) Dangerous.
(xi) Chlorine.
(xii) Flammable.
(xiii) Blasting agent.
(xiv) Poison.
(xv) Oxygen.
(xvi) Combustible.
(xvii) Flammable solid.
(xviii) Organic peroxide.
(4) Chlorine. Motor vehicles transporting a quantity of chlorine.
(5) Vehicle used for hazardous substances. Cargo tank motor vehicle, whether loaded or empty, used for the transportation of a hazardous material as defined in the Hazardous Materials Regulations of the United States Department of Transportation, 49 CFR Parts 106--179 (relating to transportation and pipeline safety; and hazardous materials regulations).
(6) Commodity having temperature above its flash point. Cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flash point as determined by the hazardous materials regulations of the United States Department of Transportation, 49 CFR 173.115 (relating to flammable, combustible, and pyrophoric liquids; definitions and preparation).
(7) Commodity transported under special permit. Cargo tank motor vehicle, whether loaded or empty, transporting a commodity under special permit under the Hazardous Materials Regulations of the United States Department of Transportation, 49 CFR 170.103 (relating to application for exemption).]
[Pa.B. Doc. No. 04-235. Filed for public inspection February 13, 2004, 9:00 a.m.]
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