24VAC15-10 Standards and Procedures Governing Intrastate Rail Rates in Virginia

REGULATIONS

Vol. 29 Iss. 13 - February 25, 2013

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

STATE CORPORATION COMMISSION

Chapter 10

Proposed Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 24VAC15-10. Standards and Procedures Governing Intrastate Rail Rates in Virginia (repealing 24VAC15-10-10 through 24VAC15-10-510).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Deadline: March 29, 2013.

Agency Contact: Wayne N. Smith, Senior Counsel, Office of General Counsel, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The federal statute authorizing state regulation of intrastate rail rates has been repealed, eliminating the legal authority for the State Corporation Commission to enforce the regulations. Therefore, this regulatory action repeals the existing Standards and Procedures Governing Intrastate Rail Rates in Virginia (24VAC15-10).

AT RICHMOND, JANUARY 31, 2013

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2013-00004

Ex Parte: In re: Repealing Standards and
Procedures Governing Intrastate Rail Rates

ORDER FOR NOTICE AND COMMENT

As provided by § 12.1-13 of the Code of Virginia ("Code"), the State Corporation Commission ("Commission") may promulgate rules and regulations to administer laws within its jurisdiction. As provided by § 56-99.2 of the Code, "[t]he Commission shall also have the authority to establish, by rule or regulation, standards and procedures to administer the rates, rules, classifications and practices of railroad companies exclusively in accordance with federal law." In 1990, the Commission adopted Standards and Procedures Governing Intrastate Rail Rates in Virginia ("Standards and Procedures")¹ in accordance with § 56-99.2 of the Code and federal law then in effect, specifically, the Staggers Rail Act.² The Standards and Procedures are set forth in Title 24 of the Virginia Administrative Code.³

Congress subsequently repealed the federal statute underlying the Commission's adoption of the Standards and Procedures.⁴ Since Congress repealed the federal statute, the Commission is of the opinion that the Standards and Procedures contained in Title 24 of the Virginia Administrative Code should be considered for repeal. We will establish procedures for receiving comments in support of or in opposition to repeal and for receiving requests for a hearing. If no one files a written request for a hearing on the proposed repeal of the regulations, the Commission, upon consideration of any comments submitted in support of or in opposition to the proposed repeal of the regulations, may adopt the proposed repeal of the regulations.

Accordingly, IT IS ORDERED THAT:

(1) As provided by §§ 12.1-13, 12.1-28, 56-99.1, and related provisions of the Code, the case is docketed and assigned Case No. CLK-2013-00004.

(2) The proposal that Chapter 10 of Title 24 of the Virginia Administrative Code, set forth in 24 VAC 15-10-10 through 24 VAC 15-10-510, be repealed shall be attached hereto and made a part hereof.

(3) All interested persons who desire to comment in support of or in opposition to the proposed repeal or to request a hearing to oppose the proposed repeal of the regulations shall file such comments or hearing requests on or before March 29, 2013, in writing, with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All filings shall refer to Case No. CLK-2013-00004. Interested persons desiring to submit comments electronically on or before March 29, 2013, may do so by following the instructions available on the Commission's website: http://www.scc.virginia.gov/case.

(4) The Commission's Division of Information Resources forthwith shall cause a copy of this Order, together with the proposal to repeal the regulations, to be forwarded to the Virginia Registrar for publication in the Virginia Register of Regulations and shall make available this Order and the attached proposal to repeal the regulations on the Commission's website: http://www.scc.virginia.gov/case.

(5) The Commission's Office of General Counsel forthwith shall mail a copy of this Order, together with the proposal to repeal the regulations, to the registered agents of all railroads operating in Virginia.

(6) On or before February 20, 2013, the Commission's Office of General Counsel shall file with the Clerk of the Commission proof of the mailing of notice prescribed in Ordering Paragraph (5) above.

(7) The case is continued.

AN ATTESTED COPY hereof, together with a copy of the proposed repeal of the regulations, shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel, Division of Information Resources, and Division of Utility and Railroad Safety.

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¹ Commonwealth of Virginia, ex rel. State Corporation Commission Ex Parte, in re: Adoption of Standards and Procedures to Administer the Staggers Rail Act of 1980, Case No. RRR-1983-00003, Order Adopting Regulations, 1990 S.C.C. Ann. Rept. 363 (Jan. 3, 1990).

² Staggers Rail Act of 1980, Pub. L. No. 96-448, Sec. 214, 94 Stat. 1895, 1913-15 (1980).

3 24 VAC 15-10.

⁴ ICC Termination Act of 1995, Pub. L. No. 104-88, Sec. 102, 109 Stat. 803, 804, codified as 49 U.S.C. § 701 nt. repealing Staggers Rail Act of 1980, Pub. L. No. 96-448, Sec. 214, 94 Stat. 1895, 1913-15 (1980).

VA.R. Doc. No. R13-3579; Filed February 4, 2013, 10:41 a.m.