Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-19-057.

     Title of Rule and Other Identifying Information: WAC 446-65-010 Commercial vehicle regulations.

     Hearing Location(s): General Administration Building Auditorium, on December 27, 2011, at 11:15.

     Date of Intended Adoption: January 2012.

     Submit Written Comments to: CVEO 4 William Balcom, 210 11th Avenue S.W., Room G21, Olympia, WA 98504-2614, e-mail William.balcom@wsp.wa.gov, fax (360) 596-3829, by December 26, 2011.

     Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by December 23, 2011, (360) 596-4017.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The federal motor carrier administration has implemented the comphrehensive [comprehensive] safety analysis (CSA) program which requires additional parts of Title 49 C.F.R. that need to be adopted into WAC rule, which include but may not be limited to adopting C.F.R. 373, 376, 379, and 381. The addition of these C.F.R.s will provide statutory authority for conducting compliance reviews and will be the least burdensome alternative for compliance with C.F.R.

     Reasons Supporting Proposal: The addition of these C.F.R.s will provide statutory authority for conducting compliance reviews and will be the least burdensome alternative for compliance with C.F.R.

     Statutory Authority for Adoption: RCW 46.32.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting and Implementation: William Balcom, GA Building, P.O. Box 42614, Olympia, WA 98504, (360) 596-3807; and Enforcement: Washington State Patrol, GA Building, P.O. Box 42614, Olympia, WA 98504, (360) 596-3807.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This change will not impact a small business.

     A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rule as defined in the RCW.

November 21, 2011

John R. Batiste

Chief

OTS-4380.1

AMENDATORY SECTION(Amending WSR 09-01-016, filed 12/5/08, effective 1/5/09)

WAC 446-65-010   Transportation requirements.   (1) The Washington state patrol hereby adopts the following parts of Title 49 Code of Federal Regulations (CFR), and any amendments thereto for motor carriers used in intrastate or interstate commerce in their entirety:

     (a) Part 40 Procedures for transportation workplace drug and alcohol testing programs.

     (b) Part 325 Compliance with interstate motor carrier noise emission standards.

     (c) Part 350 Commercial motor carrier safety assistance program.

     (d) Part 355 Compatibility of state laws and regulations affecting interstate motor carrier operations.

     (e) Part 365 Rules governing applications for operating authority.

     (f) Part 367 Standards for registration with states.

     (g) Part 372 Exemptions, commercial zones and terminal areas.

     (h) Part 373 Receipts and bills.

     (i) Part 376 Lease and interchange of vehicles.

     (j) Part 379 Preservation of records.

     (k) Part 380 Special training requirements.

     (((h))) (l) Part 381 Waivers, exemptions, and pilot programs.

     (m) Part 382 Controlled substances and alcohol use and testing.

     (((i))) (n) Part 383 Compliance with commercial driver's license program.

     (((j))) (o) Part 385 Safety fitness procedures.

     (((k))) (p) Part 387 Minimum levels of financial responsibility for motor carriers.

     (((l))) (q) Part 390 General.

     (((m))) (r) Part 391 Qualification of drivers. Provided that 49 CFR 391 subpart D (Tests), and E (Physical Qualifications and Examinations) do not apply to motor carriers operating vehicles with gross vehicle weight rating between 10,001 lbs. and 26,000 lbs. operating intrastate, and not used to transport hazardous materials in a quantity requiring placarding.

     (((n))) (s) Part 392 Driving of motor vehicles.

     (((o))) (t) Part 393 Parts and accessories necessary for safe operation.

     (((p))) (u) Part 395 Hours of service of drivers: Except if a company has:

     (i) Drivers of commercial motor vehicle of any size, hauling logs from the point of production or driving in dump truck operations in intrastate commerce; or

     (ii) Operators of intrastate property-carrying commercial motor vehicles that do not require a commercial drivers license to operate.

     They are exempt from the requirements of CFR 395.3 (maximum driving time) and CFR 395.8 (record of duty status) and ineligible to use the provisions of CFR 395.1 (e)(1), (g) and (o) provided that:

     (A) The driver must:

     (I) Operate within a one hundred air-mile radius of the location where the driver reports to work and the driver must return to the work reporting location at the end of each duty tour;

     (II) Have at least ten consecutive hours off duty separating each on-duty period;

     (III) Not drive:

     • More than twelve hours following at least ten hours off duty; or

     • After the fourteenth hour after coming on duty on at least five days of any period of seven consecutive days; and

     • After the sixteenth hour after coming on duty on no more than two days of any period of seven consecutive days; and

     • After having been on duty for eighty hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicle every day of the week; or

     • After having been on duty for ninety hours in eight consecutive days if the employing motor carrier operates commercial motor vehicle every day of the week; in any period of seven or eight consecutive days may end with the beginning of any off-duty period of twenty-four or more consecutive hours.

     (B) The motor carrier that employs the driver must maintain and retain for a period of twelve months accurate and true time recordings showing:

     (I) The time the driver reports for duty each day;

     (II) The total number of hours the driver is on duty each day;

     (III) The total number of hours the driver drives each day;

     (IV) The time the driver is released from duty each day; and

     (V) The total time the driver is driving and on duty for the preceding seven days.

     (((q))) (v) Part 396 Inspection, repair, and maintenance.

     (((r))) (w) Part 397 Transportation of hazardous materials; driving and parking rules.

     (2) As provided in Part 395, exemption for agricultural transporters, the harvest dates are defined as starting February 1 and ending November 30 of each year.

     (3) Agricultural operations exceptions:

     (a) Agricultural operations transporting agricultural products other than Class 2 material (Compressed Gases), over roads, other than the National System of Interstate Defense Highways, between fields of the same farm, is excepted from Part 397 when:

     (i) The agricultural product is transported by a farmer who is an intrastate private motor carrier.

     (ii) The movement of the agricultural product conforms to all other laws in effect on or before July 1, 1998, and 49 CFR 173.24, 173.24a, and 173.24b.

     (b) The transportation of an agricultural product to or from a farm within one hundred fifty miles of the farm, is excepted from the requirements of 49 CFR Part 172 subpart G (emergency response information) and H (training requirements) when:

     (i) The agricultural product is transported by a farmer who is an intrastate private motor carrier;

     (ii) The total amount of agricultural product being transported on a single vehicle does not exceed:

     (A) Sixteen thousand ninety-four pounds of ammonium nitrate fertilizer properly classed as Division 5.1, PGIII, in bulk packaging; or

     (B) Five hundred two gallons for liquids or gases, or five thousand seventy pounds for solids, of any other agricultural product;

     (iii) The packaging conforms to the requirements of state law and is specifically authorized for transportation of the agricultural product by state law and such state law has been in effect on or before July 1, 1998; and

     (iv) Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of 49 CFR adopted in this section.

     (((C))) (c) Formulated liquid agricultural products in specification packaging of fifty-eight gallon capacity or less, with closures manifolded to a closed mixing system and equipped with a positive dry disconnect device, may be transported by a private motor carrier between a final distribution point and an ultimate point of application or for loading aboard an airplane for aerial application.

     (4) Links to the CFRs are available on the Washington state patrol web site at www.wsp.wa.gov. Copies of the CFRs may also be ordered through the United States Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.

[Statutory Authority: RCW 46.32.020. 09-01-016, § 446-65-010, filed 12/5/08, effective 1/5/09; 06-08-082, § 446-65-010, filed 4/4/06, effective 5/5/06; 05-20-090, § 446-65-010, filed 10/5/05, effective 11/5/05; 05-04-002, § 446-65-010, filed 1/19/05, effective 2/19/05. Statutory Authority: RCW 46.48.170. 98-19-043, § 446-65-010, filed 9/11/98, effective 10/12/98. Statutory Authority: RCW 46.33.020. 96-22-035, § 446-65-010, filed 10/31/96, effective 12/1/96. Statutory Authority: RCW 46.32.020. 95-13-080, § 446-65-010, filed 6/20/95, effective 7/21/95; 94-01-178, § 446-65-010, filed 12/22/93, effective 1/22/94; 91-06-066 (Order 90-005), § 446-65-010, filed 3/1/91, effective 4/1/91.]

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