An Act Regarding Maine Commercial Motor Carrier Safety Regulations
Maine Legislature, Session 126, LD 0494
Committee: Transportation
Sponsors: MAZUREK, PARRY
Amends: 29-A MRSA §555

Legislative Document 
No. 494 
S.P. 187 
In Senate, February 19, 2013 
An Act Regarding Maine Commercial Motor Carrier Safety 
Regulations 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator MAZUREK of Knox. 
Cosponsored by Representative: PARRY of Arundel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §555, sub-§2, as amended by PL 2011, c. 164, §1, is further 
amended to read: 
2.  Adoption of federal regulations.  The bureau may adopt rules a rule to 
incorporate by reference federal regulations in 49 Code of Federal Regulations, Parts 40, 
382, 383, 385, 390, 391, 392, 393, 395 and 396, and appendices, as amended, and may 
adopt amendments to those federal regulations.  The following provisions apply to the 
adoption of federal regulations under this section. 
A.   Except as provided in paragraph A-1, the Maine Administrative Procedure Act 
does not apply to the adoption by reference of federal regulations under this 
subsection. 
A-1.  A The rule adopted by the bureau under this subsection is a major substantive 
rule as defined in Title 5, chapter 375, subchapter 2-A if it either: 
(1) Adopts by reference any provision of the federal regulations described under 
this subsection that would result in a modification of the substance or effect of 
any amendment to the federal regulations adopted by the bureau and in effect on 
the effective date of this paragraph; or 
(2) Adopts an amendment to any federal regulation described under this 
subsection. 
(3)  A proposed amendment of the rule substantively changes a provision of the 
version of the rule that exists at the time the amendment is proposed; or 
(4)  A proposed replacement of the rule by another rule authorized by this 
subsection substantively differs from the version of the rule that exists at the time 
the replacement rule is proposed. 
A-2.  The bureau may not adopt any rule that exempts motor carriers, vehicles or 
drivers transporting hazardous materials of a type or quantity that requires the vehicle 
to be marked or placarded in accordance with 49 Code of Federal Regulations, Part 
from any federal regulation adopted and incorporated by reference into any rule 
adopted by the bureau pursuant to this subsection.  Notwithstanding paragraph A-1, 
the Maine Administrative Procedure Act does not apply to the amendment of any rule 
consistent with the prohibition set forth in this paragraph. 
C.  For every the rule adopted under this subsection: 
(1)  The bureau shall file with the Secretary of State: 
(a)  A certified copy of the rule; 
(b)  A published copy of the federal regulation or amendment as printed in 
the Federal Register; and 
(c)  Annually, a published copy of the updated volume of the Code of Federal 
Regulations containing the federal regulation. 
The bureau shall make available for inspection at no charge, and for copying at actual 
cost, a current published copy of the referenced federal regulations. 
D.  The Secretary of State shall publish, pursuant to Title 5, section 8053, subsection 
5, a notice containing the following information: 
(1)  A statement that the rule has been adopted and its effective date; 
(2)  A brief description of the substance of the rule and the referenced federal 
regulation or amendment; and 
(3)  The addresses at which copies of the rule and the federal regulation or 
amendment may be obtained. 
E.  The Secretary of State shall maintain and make available at the Secretary of 
State's office for inspection at no charge, and for copying or purchase at actual cost, 
current copies of these rules the rule and include them it within the compilations 
subject to Title 5, section 8056, subsection 3, paragraphs A-1 and B.  The Secretary 
of State shall also make available for inspection at no charge and for copying at 
actual cost a current published copy of the referenced federal regulations and 
amendments. 
F.  A rule adopted under this section may not take effect until at least 5 days after 
filing with the Secretary of State, except that, if the bureau finds that immediate 
adoption of the rule is necessary to avoid an immediate threat to public health, safety 
or general welfare, the bureau may adopt the rule as an emergency rule in accordance 
with Title 5, section 8054, and that rule takes effect immediately. 
SUMMARY 
Current law requires any change to a rule adopted by the Department of Public 
Safety, Bureau of State Police that incorporates by reference federal regulations to be 
major substantive rulemaking, even if the change being made is a change that is being 
made to the federal regulations.  This bill instead requires only substantive changes to the 
rule incorporating by reference the federal regulations to be major substantive 
rulemaking.