DAR File No. 29276

Transportation, Preconstruction

R930-5

Establishment and Regulation of At-Grade Railroad Crossings

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29276
Filed: 11/29/2006, 02:53
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 54-4-15. Additional sections in the Utah Code and federal rules (Code of Federal Regulations (CFR)) supporting this rule are found in Sections 10-8-34, 10-8-82, 41-6-19, 72-1-102, 72-2-112; and 23 CFR 924 and 23 CFR 646. Section 54-4-15 specifically says that the department "shall have the power" to determine certain things. The department has chosen to use the rulemaking act to specify these determinations.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule has given the department needed authority and flexibility in monitoring railroad crossings. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

Authorized by:

John R. Njord, Executive Director