NOTICE OF PROPOSED CHANGES ON COMMERCIAL VEHICLE ENFORCEMENT

IN THE REGULATIONS OF DEPARTMENT OF TRANSPORTATION AND

PUBLIC FACILITIES

BRIEF DESCRIPTION

The Department of Transportation and Public Facilities proposes to adopt, amend, and repeal regulations in Title 17 of the Alaska Administrative Code dealing with commercial vehicle enforcement, including the following:

17 AAC 25.012, added clarifying language.

17 AAC 25.013, clarifying the title of the formula used to calculate gross weight and updating the auxiliary power unit weight allowance.

17 AAC 25.015, updating the Chapter 23 adopted by reference to April 1, 2017 version.

17 AAC 25.200, adopt October 1, 2016 version of federal regulations for the transportation of hazardous materials, hazardous substances, or hazardous waste.

17 AAC 25.210, adopt October 1, 2016 version of federal regulations for safe operation of commercial motor vehicles. Adopted regulations, incorporated by reference, include: updates to the Medical Certification and National Registry of Medical Examiners and Electronic Log Devices. Repealed revised federal language. Removed language relating to the motor carrier identification report in anticipation of the Unified Registration System, which includes amending the period to update from 12 months to 24 months.

17 AAC 25.220, adopt October 1, 2016 version of federal regulations for hours of service. Includes an exemption for incidental drivers.

17 AAC 25.250, amended definition to have more than 15 individuals.

17 AAC 25.320, adopt February 2017 version of the Administrative Permit Manual: Oversize and Overweight Permits.

17 AAC 25.335, clarify actions to be taken in reference to weight allowances. Repealed sections that are no longer applicable.

17 AAC 25.380, repealed fees for bridge design section reviews and callouts.

17 AAC 25.400, update contact numbers for Unified Carrier Registration program.

17 AAC 25.900, add definition for B-train assembly, B-train length, converter dolly, and rear overhang, modify definition for cargo-carrying vehicle, cargo-carrying length, and trailer, and repeal definition for semitrailer.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Daniel Byrd at 11900 Industry Way, Building M, Suite 2, Anchorage, Alaska 99515. Additionally, the Department of Transportation and Public Facilities will accept comments by facsimile at (907) 365-1221 and by electronic mail at MSCVE.chapter25regs@alaska.gov. The comments must be received not later than 5:00 p.m. on June 15, 2018.

Oral or written comments also may be submitted at a hearing to be held on June 7, 2018, in the Conference Room, 11900 Industry Way, Building M. Suite 2, Anchorage, Alaska, 99515. The hearing will be held from 2:00 p.m. to 4:00 p.m. and might be extended to accommodate those present before 3:30 p.m. who did not have an opportunity to comment.

You may submit written questions relevant to the proposed action to Daniel Byrd at 11900 Industry Way, Building M, Suite 2, Anchorage, Alaska 99515 or MSCVE.chapter25regs@alaska.gov. Questions must be received at least 10 days before the end of the public comment period. The Department of Transportation and Public Facilities will aggregate its response to substantially similar questions and make the questions and response available on the Alaska Online Public Notice System. The Department of Transportation and Public Facilities may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Daniel Byrd at (907) 365-1210 no later than June 1, 2018 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Daniel Byrd at 11900 Industry Way, Building M, Suite 2, Anchorage, Alaska 99515 or (907) 365-1210.

A copy of material proposed for adoption by reference is available through the electronic link to the applicable electronic links on the Alaska Online Public Notice System at http://aws.state.ak.us/OnlinePublicNotices/.

After the public comment period ends, the Department of Transportation and Public Facilities will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 19.05.010; AS 19.05.020; AS 19.05.040; AS 19.10.060; AS 19.10.310; AS 19.10.340; AS 19.10.370; AS 19.10.399; AS 44.42.020; AS 44.42.030; AS 45.75.050; AS 45.75.131

Statutes Being Implemented, Interpreted, or Made Specific: AS 19.05.010; AS 19.05.020; AS 19.05.040; AS 19.10.060; AS 19.10.310; AS 19.10.340; AS 19.10.370; AS 19.10.399; AS 44.42.020; AS 44.42.030; AS 45.75.050; AS 45.75.131

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

May 8, 2018 
Daniel V. Smith, Director
DOT&PF / MSCVE