WSR 02-10-058

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed April 25, 2002, 4:16 p.m. ]

Subject of Possible Rule Making: WAC 468-38-120 Transport of extra-legal manufactured housing, is being proposed for change to comply with new federal rule governing tire loadings on manufactured housing. The proposal will provide a rewrite to subsection (6) of the WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.090 and 46.44.170.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The new federal rule eliminates tire overloading on new manufactured homes and provides some additional limitations on older manufactured housing. The changes will create a safer environment for the movement of manufactured housing. In addition, failure by the state to comply with the new rules could result in monetary penalties imposed by the Federal Highway Administration against the state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Patrol (WSP) has been consulted, reviewed the proposed changes and concurred with the process.

Process for Developing New Rule: Research of 43 C.F.R. 393 changes and adoption of federal language and/or intent.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry Diseth, Motor Carrier Services, WSDOT, P.O. Box 47367, Olympia, WA 98504-7367, e-mail disethb@wsdot.wa.gov, phone (360) 704-6340, fax (360) 704-6350.

April 25, 2002

John F. Conrad

Assistant Secretary

Engineering and Regional Operations

Washington State Code Reviser's Office