WSR 13-11-117

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL


[ Filed May 21, 2013, 12:50 p.m. ]

     Subject of Possible Rule Making: Commercial motor vehicle regulations, WAC 446-65-010 and 446-65-030.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.32.020.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Washington state patrol is in need of updating the following regulations in order to align state rules with federal regulations.

     The proposed changes include but may not be limited to:

     WAC 446-65-010, specifying specific version of Code of Federal Regulations (C.F.R.) referenced by rule and clarify language under the rule to address incompatibilities with federal standards. The agency will also be adopting new C.F.R. requirements and providing clean up to other language within the section.

     WAC 446-65-030, amend the language regarding intrastate high risk carriers to be more in-line with the current federal process for identifying high risk carriers.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Motor Carrier Administration, Washington utilities and transportation commission.

     Process for Developing New Rule: During an audit of Washington state law and C.F.R., sections were found of federal law that WAC codes either did not address or were inconsistent. The agency will work with stakeholders to develop the language necessary to ensure compliance with federal regulations.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting CVEO 4 William Balcom, Motor Carrier Safety Division, P.O. Box 42614, Olympia, WA 98504-2614, William.balcom@wsp.wa.gov, (360) 596-3807.

May 20, 2013

John R. Batiste

Chief