PROPOSED RULEMAKINGS
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 231 ]
Intrastate Motor Carrier Safety Requirements
[43 Pa.B. 3010]
[Saturday, June 1, 2013]The Department of Transportation, under the authority in 75 Pa.C.S. §§ 4704 and 6103 (relating to inspection by police or Commonwealth personnel; and promulgation of rules and regulations by department), proposes to amend Chapter 231 (relating to intrastate motor carrier safety requirements) to read as set forth in Annex A.
Purpose of Chapter
The purpose of Chapter 231 is to prescribe the minimum requirements and qualifications for drivers, vehicles and other matters relating to the intrastate operation of commercial vehicles. In April 2010, the Department amended the intrastate motor carrier safety regulations to comply with the Federal motor carrier safety regulations.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to provide the Governor with greater flexibility to waive specified provisions of the regulation and retain other provisions as effective in dealing with circumstances warranting a declaration of emergency.
Summary of Significant Amendments
This proposed rulemaking adds language to incorporated 49 CFR 390.23(a) (relating to relief from regulations) that will permit the Governor, in issuing a declaration of emergency, to waive specified provisions of the regulation as necessary to deal with the specifics of an emergency. Under the current regulation, the Governor's declaration of emergency waives the provisions of the chapter. The ability to issue a limited waiver of the regulation will ensure that the emergent conditions can be addressed by waiver of specified provisions without wholesale abandonment of other safety provisions in the regulations which do not need to be waived to address the emergency.
Persons and Entities Affected
This proposed rulemaking will affect commercial drivers when circumstances prompt a declaration of emergency by the Governor.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. This proposed rulemaking will not impose additional costs on the regulated community.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 22, 2012, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
This proposed rulemaking will be effective upon final-form publication following appropriate evaluation of comments, suggestions or objections received during the public comment period. The Department is not establishing a sunset date for this regulation, since this regulation is needed to administer provisions required under 75 Pa. Code (relating to Vehicle Code). The Department, however, will continue to closely monitor the regulation for effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Daryl St. Clair, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17105 within 30 days of the publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about the proposed rulemaking is Daryl St. Clair, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17105, (717) 214-1883, dstclair@pa.gov.
BARRY J. SCHOCH, P.E.,
SecretaryFiscal Note: 18-432. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
CHAPTER 231. INTRASTATE MOTOR CARRIER SAFETY REQUIREMENTS
Subchapter A. GENERAL § 231.8 Additions or modifications to 49 CFR.
As stated in § 231.7 (relating to adoption of portions of 49 CFR by reference), this chapter generally incorporates 49 CFR Parts 382, 385, 390, 391, 392, 393, 395 and 396. The following modification, additions and deletions to those parts apply:
* * * * * (16) 49 CFR 390.23(a) (relating to relief from regulations) is modified to read as follows:
(a) Some or all of Parts 390 through 399 of this chapter shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide emergency relief during an emergency, subject to the following limitations:
(1) Regional emergencies.
(i) The exemption provided by paragraph (a)(1) of this section is effective only when:
(A) An emergency has been declared by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; or
* * * * * (iii) A declaration of emergency by a Governor of a State may limit the exemption provided by paragraph (a)(1) of this section to specified provisions of Parts 390 through 399 of this chapter.
[Pa.B. Doc. No. 13-994. Filed for public inspection May 31, 2013, 9:00 a.m.]
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