Subject of Possible Rule Making: Clarifying and correcting errors made in the 2004 rewrite of chapter 468-38 WAC. It appears that six sections of the chapter will be amended to fulfill the clarifying and correcting purpose.

     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: Without further clarification and correcting the rules, in part, are at risk of misinterpretation creating burden on both administrative and enforcement activities.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Highway Administration (FHWA) and the Washington State Patrol (WSP). FHWA is used as a compliance resource during rule development. WSP has a primary review and comment role during rule development.

     Process for Developing New Rule: Need for clarification and error correction is the direct result of user input, both internal and external. Where further clarification is needed there will be some adoption of office policy and some negotiation where the law allows latitude to do so. The process includes 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.

November 21, 2005

John F. Conrad

Assistant Secretary

Engineering and

Regional Operations