Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification:Federal regulations require the Department to adopt 49 CFR Part 385.4 by reference before amendments to federal regulations that affect the regulation of Electronic Logging Devices and Hours of Service Supporting Documents become effective 12/18/2017.Following the standard rulemaking procedure may not allow for an effective date that conforms with federal requirements.An emergency rule is needed to assure that the Department does not become non-compliant.