Subject of Possible Rule Making: Revision of WAC 468-38-073(6) Measurement exclusive devices.

     Authorize the Washington state department of transportation increase the weight exception to an auxiliary power unit. Currently 400 pounds increase to 550 pounds.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.098 and 46.44.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revision of the rule is to comply with Federal MAP-21 - Moving Ahead for Progress in the 21st Century. A section of which authorizes increasing the weight exception to an auxiliary power unit for exhaust emission reduction. The new 550 pounds exception will comply with the federal limit.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Meet with following agencies and sections:

     Federal Highway Administration, as they set the limit for the weight exception.

     Washington state patrol, commercial vehicle division, as they will be enforcing this provision.

     Process for Developing New Rule:       Negotiated rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Wright, Commercial Vehicle Services, P.O. Box 47367, Olympia, WA 98504-7367, phone (360) 704-6345, fax (360) 704-6350, wrightji@wsdot.wa.gov.

May 2, 2013

Kathryn W. Taylor

Chief of Staff