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PA Bulletin, Doc. No. 09-2220

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Review of Existing Railroad Transportation Regulations; 52 Pa. Code Chapter 33; Doc. No. M-2009-2140262

[39 Pa.B. 6851]
[Saturday, November 28, 2009]

 To seek more efficient and effective means to regulate the rail industry, the Pennsylvania Public Utility Commission (Commission) has undertaken a review of the existing railroad transportation regulations contained in 52 Pa. Code §§ 33.1—33.129. These regulations, originally adopted in 1945, have not undergone a comprehensive revision since 1975, making many appear obsolete, unenforceable or superseded by Federal law or regulations.

 The Commission's regulations pertaining to railroads should reflect the technological and operational changes of the railroad industry that have occurred over the last 30 years and reflect current Federal standards. In addition, this review is intended to ensure that the regulations address a compelling public interest; ensure that the costs of the regulation do not outweigh the benefits; are written in a clear and concise manner; and, where Federal regulations exist, the Commission's regulations should not exceed Federal standards unless justified by a compelling Commonwealth interest or required by State law. By revising, updating and streamlining these regulations, the Commission will be well prepared to continue to efficiently and effectively regulate this industry.

 The Commission has directed that the Law Bureau, in conjunction with the Bureau of Transportation and Safety's Rail Division, undertake a comprehensive review of the Commission's existing rail regulations at 52 Pa. Code Chapter 33 and to prepare a proposed rulemaking order to update and amend the existing regulations in this area. Interested parties may file comments regarding any proposed revisions to those regulations, including proposed regulatory language, with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Comments are due within 30 days of the date of publication of this notice. Reply comments may also be filed and are due within 45 days of the date of publication of this notice. Comments and reply comments will be posted on the Commission's web site at this docket upon receipt. All comments and reply comments should reference this docket and the specific section of Chapter 33 addressed. An original and three copies of any comments or reply comments must be filed with the Commission.

JAMES J. MCNULTY, 
Seccretary

[Pa.B. Doc. No. 09-2220. Filed for public inspection November 25, 2009, 9:00 a.m.]


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