WSR 05-15-066

EMERGENCY RULES

DEPARTMENT OF TRANSPORTATION


[ Filed July 12, 2005, 3:13 p.m. , effective July 24, 2005 ]


Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The effective date of the rule is coordinated with the effective date of the authority for the rule.

Purpose: To provide rules for the request, review, approval and implementation of a heavy haul corridor.

Statutory Authority for Adoption: RCW 46.44.090 and chapter 311, Law of 2005.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The effective date of the law authorizing the creation of a heavy haul corridor at the Port of Tacoma is July 24, 2005. This is an insufficient time frame to go through the normal rule process in order to provide the relief requested by the port.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 1, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 12, 2005.

John F. Conrad

Assistant Secretary

Engineering and

Regional Operations

OTS-8191.2


NEW SECTION
WAC 468-38-375   Heavy haul corridors -- Port districts.   (1) How is a heavy haul corridor within port district property requested? The affected port district must submit a formal written request to the department, preferably to the administrator for commercial vehicle services. The request must, at a minimum, contain:

(a) A statement of need, that must not deviate from the legislative intent of using the corridor to move overweight sealed containers used in international trade;

(b) A physical description, including state route number, mile posts and vicinity (nearby cross streets), of the proposed heavy haul corridor; and

(c) The minimum amount of extra-legal weight necessary to accommodate the disclosed need.

(2) Will the department provide expertise to the port district in determining the viability of a heavy haul corridor without the formal request? Yes. The port district may contact the administrator for commercial vehicle services who will facilitate preliminary discussions between the port district and appropriate department personnel. Other potentially affected jurisdictions may also be included. These discussions will be exploratory in nature and will not include the formal infrastructure review to be initiated from the formal request.

(3) Who has the responsibility to review the port district formal request? The administrator for commercial vehicle services will coordinate reviews by appropriate department regional staff, the department's bridge preservation office and the pavement office. The reviews will focus on the impact on the proposed corridor infrastructure resulting from the vehicles to be permitted extra-legal weight. The results of the reviews will be compiled by the administrator for commercial vehicle services and provided with recommendation to the regional administrator or his/her designee.

(4) Who makes the ultimate determination to approve or disapprove of the port district request? The regional administrator or his/her designee will provide the ultimate determination about categorizing the defined highway segment as a heavy haul corridor, and if approved will provide any special restrictions that may be necessary for the corridor to exist.

(5) After approval, what is the next step to implement the designated corridor? A formal agreement must be entered into between the affected entities. The regional administrator or his/her designee will represent the department and have signing authority for the department.

(6) What should the agreement contain as a minimum? The agreement must provide at a minimum:

(a) The jurisdictions affected by the corridor;

(b) A statement of purpose;

(c) Agreement on the need to preserve the infrastructure, maintain safety and stop the proliferation of the approved extra-legal weight beyond the defined corridor by recognizing certain rules, regulations and any added limitations or restrictions on vehicle weights and/or configurations;

(d) Agreement on shared financial responsibility for potential extraordinary maintenance and/or repair costs resulting from the use of the permitted vehicle(s);

(e) Agreement on specific issue resolution and actions to be taken by the affected parties; and

(f) Standard language for amending or terminating the agreement.

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Washington State Code Reviser's Office