DEPARTMENT OF TRANSPORTATION

[Filed January 16, 2019, 2:19 p.m.]

Preproposal statement of inquiry was filed as WSR 18-21-074.

Title of Rule and Other Identifying Information: WAC 468-38-435 Federal weight increases on the interstate system.

Hearing Location(s): On February 28, 2019, at 10:00 a.m., at the Transportation Building, Commission Board Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504.

Date of Intended Adoption: February 28, 2019.

Submit Written Comments to: Justin Heryford, P.O. Box 47367, Olympia, WA 98504-7367, email Heryfoj@wsdot.wa.gov, fax 360-705-7987, by February 12, 2019.

Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, email EngleK@wsdot.wa.gov, by February 12, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal creating WAC 468-38-435 was initiated by the federal proposal in Fixing America's Surface Transportation Act (FAST Act).

The first section of the proposal exempts up to two thousand pounds for vehicles operated by an engine fueled primarily by natural gas up to eighty-two thousand pounds. This proposal is consistent with FAST Act §1410; 23 U.S.C. 127(s).

The second section of the proposal increases legal weights to emergency vehicles on the interstate including one mile access to and from the interstate. The proposal is consistent with FAST Act §1410; 23 U.S.C. 127(r).

Reasons Supporting Proposal: The FAST Act includes a number of provisions that modify federal requirements regarding the size and weight of vehicles that may travel on the interstate system. The federal requirements mandate that states adhere to these requirements. Failure to adhere to the requirements can result in loss of federal funding.

Statutory Authority for Adoption: RCW 46.44.098, 46.44.090.

Statute Being Implemented: 23 U.S.C. 127.

Rule is necessary because of federal law, FAST Act §1410; 23 U.S.C. 127.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Washington state department of transportation and Washington state patrol have been adhering to the federal requirement prior to this proposal. There has been a fiscal cost in the form of additional analyses on structures and labor related to the implementation of the federal provision.

Name of Proponent: Federal Highway Administration (FHWA), Washington state patrol, Washington Trucking Associations, private and governmental.

Name of Agency Personnel Responsible for Drafting: Justin Heryford, 7345 Linderson Way S.W., Tumwater, WA 98501, 360-705-7987; Implementation: Matt Neeley, 310 Maple Park Drive S.E., Olympia, WA 98504, 360-705-7290; and Enforcement: Captain Thomas Foster, 106 11th Avenue S.E., Olympia, WA 98504, 360-596-3808.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal is in response to federal regulation changes.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: FAST Act §1410; 23 U.S.C. 127, noncompliance can lead to sanctions by FHWA up to and including withholding of federal-aid highway funds.

Kara Larsen, Director

Legal Services Division

WAC 468-38-435Federal weight increases on the interstate system.

(1) Are there any weight exemptions for natural gas engines?

Yes, for the interstate system and no more than one mile access to and from the interstate system, natural gas vehicles, if operated by an engine fueled primarily by natural gas, may exceed vehicle weight limits set in RCW 46.44.041 up to two thousand pounds with a maximum gross vehicle weight of eighty-two thousand pounds. The increase in weight shall equal the difference between:

(a) The weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

(b) The weight of a comparable diesel tank and fueling system.

(2) What weights are authorized for emergency vehicles to travel on the interstate system?

(a) Emergency vehicles may operate without a permit on the interstate system and no more than one mile to and from the interstate system to a maximum gross vehicle weight of eighty-six thousand pounds and axle weights of:

(i) Twenty-four thousand pounds on a single steering axle;

(ii) Thirty-three thousand five hundred pounds on a single drive axle;

(iii) Sixty-two thousand pounds on a tandem axle; or

(iv) Fifty-two thousand pounds on a tandem rear drive steer axle.

(b) In this section, the term emergency vehicle means a vehicle designed to be used under emergency conditions:

(i) To transport personnel and equipment; and

(ii) To support the suppression of fires and mitigation of other hazardous situations.

(3) Operators of emergency vehicles described in this section shall check their route on Washington state department of transportation, commercial vehicle services web site for restrictions prior to travel. These vehicles shall obtain approval/permit from the local jurisdiction when traveling on any local roads. Any firefighting apparatus or emergency vehicle shall obtain a permit from commercial vehicles services office prior to traveling on state highways that are not part of the interstate system if their weights exceed what is prescribed in RCW 46.44.190(4).