PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Rewriting chapter 468-38 WAC into a question and answer format to (1) clarify rules and make more comprehensible for all users; and (2) meet the criteria set forth in Governor Locke's Executive Order 97-02.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.090.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Over time the rules have taken on a patchwork condition that includes some inconsistencies, ambiguities, techno-jargon and holes where office policy has been used to fill in where the rule did not provide adequate direction. Meeting the criteria provided by Governor's Executive Order 97-02 will address our concerns and make the rules more user friendly, for all users.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Highway Administration (FHWA) and Washington State Patrol (WSP).
FHWA is used as a compliance resource during rule development. The WSP has a primary review and comment role during rule development.
Process for Developing New Rule: The process will be primarily an agency rewrite with both regulatory and industry review for content understanding. Where holes in direction are filled there will be some adoption of current office policy and some negotiation, both included in the regulatory and industry review.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry Diseth, Commercial Vehicle Services, Department of Transportation, P.O. Box 47367, Olympia, WA 98504-7367, phone (360) 705-7805, fax (360) 705-6836, e-mail disethb@wsdot.wa.gov.
October 18, 2004
John F. Conrad
Assistant Secretary
Engineering and Regional Operations