Administrative Regulation Filings

​The following administrative regulations have been filed with the Commission:

​600 KAR 4:010 (Amendment)

​Certification of disadvantaged business enterprises.

​Notice is hereby given that the following administrative regulation was filed with the Commission on August 15, 2022: 600 KAR 4:010. Certification of disadvantaged business enterprises.

​(1) Provide a brief summary of: 
(a) What this administrative regulation does: This administrative regulation establishes the
requirements for certification of a Disadvantaged Business Enterprise or DBE firm.
(b) The necessity of this administrative regulation: This administrative regulation is required by 49 C.F.R. 26.21 to establish an application and certification process for DBE and ACDBE firms to be certified.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statute contained in KRS 174.080 and 49 C.F.R. 26.3, 26.21 by setting forth definitions, application process, certification, and appeals of DBE and ACDBE firms.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will establish the regulatory requirements of DBE and ACDBE application and certification processes pursuant to KRS 174.080.

​(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 
(a) How the amendment will change this existing administrative regulation: This amendment will change source of membership of certification committee members and update current appeal process.
(b) The necessity of the amendment to this administrative regulation: This amendment is necessary because of change in make-up of committee membership and appeal process.
(c) How the amendment conforms to the content of the authorizing statutes: The establishment and implementation of a DBE program is required by 49 C.F.R. Parts 23 and 26 as a condition for receipt of federal highway funding.
(d) How the amendment will assist in the effective administration of the statutes: This amendment expedites and redefines the appeal process, pursuant to USDOT DBE/ACDBE Program Flexibilities Guidance.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held on October 26, 2022, at 10:00 a.m. EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, KY 40622.  Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend.  If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing.  This request does not have to be in writing.  If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled.  This hearing is open to the public.  Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation.  A transcript of the public hearing will not be made unless a written request for a transcript is made.  If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. EST on October 31, 2022.  Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON:           Jon Johnson
Staff Attorney Manager / Assistant General Counsel
Transportation Cabinet
Office of Legal Services
200 Mero Street
Frankfort, Kentucky 40622
Telephone: (502) 782-8180
Fax: (502) 564-5238
Email: Jon.Johnson@ky.gov


​603 KAR 5:350

​Off-highway vehicles, safety, and routes.

​Notice is hereby given that the following administrative regulation was filed with the Commission on July 14, 2022: 603 KAR 5:350. Off-highway vehicles, safety, and routes.

​Provide a brief summary of: 
(a) What this administrative regulation does: This regulation relating to the local government pilot program for off-highway vehicles (OHV) establishes the criteria for OHV ordinances, petitions, and the rescinding thereof, OHV enforcement requirements, and OHV safety plan requirements and establishes the OHV safety requirements and the safety equipment verification protocol.  This pilot program and administrative regulation shall expire on July 1, 2024, pursuant to KRS 189.281.
(b) The necessity of this administrative regulation: This administrative regulation is required by
KRS 189.281 to establish standards for OHV ordinances, enforcement, safety and safety verification protocol.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statute by providing guidelines for local governments to pass OHV ordinances, and to petition the Cabinet to use portions of state owned and maintained roads for OHV use. This regulation establishes criteria for OHV safety plan, OHV enforcement requirements, and OHV safety protocol and verification.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will establish the regulatory requirements of KRS 189.281 in relation to approved OHV routes.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held on September 21, 2022, at 1:00 p.m. EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, KY 40622.  Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend.  If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing.  This request does not have to be in writing.  If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled.  This hearing is open to the public.  Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation.  A transcript of the public hearing will not be made unless a written request for a transcript is made.  If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. EST on August 31, 2022.  Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON:            Jon Johnson
Staff Attorney Manager / Assistant General Counsel
Transportation Cabinet
Office of Legal Services
200 Mero Street
Frankfort, Kentucky 40622
Telephone: (502) 782-8180
Fax: (502) 564-5238
Email: Jon.Johnson@ky.gov


​603 KAR 5:155

​Vegetation management.

​Notice is hereby given that the following administrative regulation was filed with the Commission on June 15, 2022: 603 KAR 5:155. Vegetation management.

​Provide a brief summary of:

  1. What this administrative regulation does:  This administrative regulation establishes the guidelines and requirements of obtaining an encroachment permit to remove vegetation on Department of Highways right of way.

  2. The necessity of this administrative regulation:  This administrative regulation is required by KRS 176.050(1)(i).
     
  3. How this administrative regulation conforms to the content of the authorizing statutes:  This administrative regulation conforms to KRS 176.050(1)(i) by providing the requirements for vegetation removal encroachment permits.
     
  4. How this administrative regulation currently assists or will assist in the effective administrative of the statute:  This administrative regulation will establish the regulatory requirements for vegetation removal encroachment permits as related to KRS 176.050(1)(i).

​This amendment eliminates the commercial and non-commercial designation of applicants.  This amendment eliminates the requirement for applicants to obtain the services of a pre-qualified arborist.  This amendment provides a uniform method for determining mitigation, which is based on the same system that the Transportation Cabinet uses to determine tree mitigation on road projects.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held on Wednesday, August 24, 2022 at 10:00 a.m. EST, at the Kentucky Transportation Cabinet, 200 Mero Street, Frankfort, KY  40622.  Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) working days prior to the hearing, of their intent to attend.  If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made.  If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022.  

​603 KAR 5:150

Encroachment permits.

​Notice is hereby given that the following amended adminstrative regulation was filed with the Commission on November 15, 2021: Encroachment permits.

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation establishes the guidelines and requirements of obtaining an encroachment permit onto the Department of Highways right-of-way.

(b) The necessity of this administrative regulation: This administrative regulation is required by KRS 176.050(1)(i).

(c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms to KRS 176.050(1)(i) by providing the requirements for encroachment permits.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will establish the regulatory requirements of KRS 176.050(1)(i).


(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change this existing administrative regulation: By providing updates to the Incorporation by Reference section that is currently outdated.

(b) The necessity of the amendment to this administrative regulation: This amendment is necessary to provide updates to the Incorporation by Reference section that is currently outdated.

(c) How the amendment conforms to the content of the authorizing statutes: This regulation conforms to KRS 176.050(1)(i) by providing the requirements for encroachment permits.

(d) How the amendment will assist in the effective administration of the statutes:  This amendment will assist in the effective administration of the statutes by providing updates to the Incorporation by Reference section that is currently outdated.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 10:00 AM EST on January 25, 2022, via video teleconference.  Members of the public wishing to attend may utilize the following link:

 

Join from PC, Mac, Linux, iOS or Android:

                  https://bluejeans.com/683098553/8345

 

Or Telephone:

+1.408.419.1715 (United States (San Jose))
+1.408.915.6290 (United States (San Jose))

 

Meeting ID: 683 098 553

                  Participant Passcode: 8345

 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. 


603 KAR 10:040E AAC & SOC

ADVERTISING DEVICES. (EMERGENCY AMENDED AFTER COMMENTS)

Notice is hereby given that the following Amended After Comments (AAC) version and Statement of Consideration (SOC) for this emergency administrative regulation were filed with the Commission on October 15, 2021

What the AAC and SOC for this emergency administrative regulation do: This administrative regulation establishes amended provisions to correct first amendment constitutional issues as prescribed by the 6th Circuit Federal Court and defines prohibited and conforming activities relative to outdoor advertising in protected areas.  KRS 177.860 requires the Commissioner of the Department of Highways to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of the Department of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. 23 U.S.C. 131, the Highway Beautification Act, authorizes retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. This administrative regulation establishes the standards for static and electronic advertising devices.  The AAC and SOC are filed in response to the comments that were received during the public comments period, which closed on September 30, 2021.  The AAC is in effect as of October 15, 2021. Link

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

603 KAR 3:100

NOXIOUS WEEDS AND INVASIVE PLANTS TO BE ERADICATED FROM RIGHTS-OF-WAY.

​Notice is hereby given that the following administrative regulation was filed with the Commission on September 15, 2021:  Noxious weeds and invasive plants to be eradicated from rights-of-way.

(a) What this administrative regulation does: This administrative regulation, pursuant to KRS 176.051, establishes additional noxious weeds and invasive plants to be removed from the rights-of-way by the Department of Highways.

(b) The necessity of this administrative regulation: This administrative regulation is in addition to the requirements of KRS 176.051 and contributes to the maintenance of rights-of-way throughout the state.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation, pursuant to KRS 176.051, supplements the list of noxious weeds and invasive plants that the Department of Highways will remove from rights-of-way throughout the state.  It also enables the Department to review and potentially modify the list every four (4) years, if needed.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation, pursuant to KRS 176.051, supplements the list of noxious weeds and invasive plants that the Department of Highways will remove from rights-of-way throughout the state.  It also enables the Department to review and potentially modify the list every four (4) years, if needed.


​This is a new administrative regulation.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 1:00 PM EST on November 22, 2021 via video teleconference.  Members of the public wishing to attend may utilize the following link:

Join from PC, Mac, Linux, iOS or Android:
                https://bluejeans.com/964977600/1619

Or Telephone:
+1.408.419.1715(UnitedStates(SanJose))
+1.408.915.6290 (United States(San Jose))

Meeting ID: 964 977 600
Participant Passcode: 1619

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made.

If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Larisa Plecha, Staff Attorney III, 200 Mero Street, 6th Floor, Frankfort, KY 40622.  502-564-7650.


WITHDRAWN 12-14-21 - 603 KAR 4:035 

WITHDRAWN 12-14-21 - LOGO SIGN PANELS; PLACEMENT ALONG FULLY CONTROLLED AND PARTIALLY CONTROLLED  -ACCESS HIGHWAYS 

​Notice is hereby given that the following administrative regulation was filed with the Commission on September 15, 2021:  Logo sign panels; placement along fully controlled and partially controlled access highways.

(a) What this administrative regulation does: This administrative regulation establishes the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs on fully controlled access highways and at interchanges on partially controlled access highways. 

(b) The necessity of this administrative regulation: This administrative regulation is necessary because KRS 177.0736 and 177.0738 require the Commissioner of the Department of Highways to promulgate administrative regulations for the erection of specific service signs on fully controlled access highways and at interchanges on partially controlled access highways.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation establishes the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs. 
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs as it relates to KRS 177.0736 and 177.0738.  


​(a) How the amendment will change this existing administrative regulation: This amendment updates the fees, definitions, the reliance on the MUTCD for standards, and the requirements for specific service trailblazers.  It also brings some language into compliance with KRS Chapter 13A.
(b) The necessity of the amendment to this administrative regulation: This amendment updates certain language for KRS Chapter 13A compliance, but it also raises the fees so that the signs to be more on par with neighboring states.
(c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to the authorizing statutes by establishing and updating the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs in satisfaction of KRS 177.0736 and 177.0738.
(d) How the amendment will assist in the effective administration of the statutes: This amendment will establish the criteria to be followed in the erection and maintenance of specific service signs and attached logo signs in satisfaction of KRS 177.0736 and 177.0738.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 1:00 PM EST on November 22, 2021 via video teleconference.  Members of the public wishing to attend may utilize the following link:

Join from PC, Mac, Linux, iOS or Android:
            https://bluejeans.com/380336140/7862

Or Telephone:
+1.408.419.1715(UnitedStates(SanJose))
+1.408.915.6290 (United States(San Jose))

Meeting ID: 380 336 140
Participant Passcode: 7862

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made.

If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on November 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.


​           NOTICE PURSUANT TO KRS 13A.255 OF ORDINARY ADMINISTRATIVE REGULATION PROPOSING TO INCREASE FEES

603 KAR 4:035

 

Pursuant to KRS 13A.255(2), notice is hereby provided of the following information:

 

The Kentucky Transportation Cabinet has filed the proposed administrative regulation, 603 KAR 4:035 Logo signs. The Kentucky Transportation Cabinet has promulgated an administrative regulation that increases fees. A summary of the administrative regulation is as follows:

 

(1)  The amount of each fee being established:

Fees have been previously established in this administrative regulation. The proposed amendment to this administrative regulation increases fees that have been previously established.  Fees previously established include:

    • Annual fee of $600 per direction for each logo sign placed for gas, food and lodging.
    • Annual fee of $300 per direction for each logo sign placed for camping and tourist attractions.

      A fee of $100 for the reinstallation or uncovering of the logo sign.

(2)  The amount of any increases to any fees previously established:

Fees previously established are proposed to increase to the following amounts:

    • Annual fee of $600 per direction for each logo sign placed for gas, food and lodging to increase to $1,200 per sign.
    • Annual fee of $300 per direction for each logo sign placed for tourist attractions to increase to $1,200 per sign.
    • Annual fee of $300 per direction for each logo sign placed for camping

attractions to increase to $600 per sign.

    • A fee of $100 for the reinstallation or uncovering of the logo sign to increase to $300 per sign.

(3)  The necessity for the establishment or increase in the fees:

The necessity for the establishment or increase in the fees is due to the fact that the fees have not been adjusted since this administrative regulation became effective. In more than a decade of effectiveness, this administrative regulation has fallen behind in maintaining competitive fees, as exhibited in the attached fees chart demonstrating the fees collected by sister states. Moreover, with the increase in the expenses stemming from property damage and maintenance, the additional fees will assist in reasonable and adequate recovery.

(4)  A person or entity may contact the Kentucky Transportation Cabinet for additional information. A contact person is provided at the conclusion of this notice.

 
(5)   The scheduled public hearing for this administrative regulation is on November 22, 2021, at 1:00pm via BlueJeans. The BlueJeans information is provided on the Notice of Public Hearing attached to this administrative regulation. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. Send written notification of intent to be heard at the public hearing on the proposed administrative regulation to the contact person below.

 

(6)     The deadline for submitting written comments on the proposed administrative regulation is 11:59pm on November 30, 2021. Send written comments on the proposed administrative regulation to the contact person below.

 

(7)  CONTACT PERSON:    Jon Johnson

Staff Attorney Manager/Assistant General Counsel Transportation Cabinet

Office of Legal Services 200 Mero Street

Frankfort, Kentucky 40622

Telephone: (502) 564-7650

Fax: (502) 564-5238

Email: jon.johnson@ky.gov


603 KAR 5:360 

​Transportation Cabinet use of interstate and parkway signs to locate missing persons.

​Notice is hereby given that the following administrative regulation was filed with the Commission on August 13, 2021:  603 KAR 5:360 Transportation Cabinet use of interstate and parkway signs to locate missing persons. 

What this administrative regulation does: This new administrative regulation is the result of HB 105 from the 2021 General Session.  This administrative regulation provides the framework for the Division of Emergency Management to make a request of the Transportation Cabinet to use electronic message boards along interstate and parkways when a missing person has been reported. 

KRS 39F.180(2)(e) requires the duty officer of the Division of Emergency Management to provide notice to the Transportation Cabinet of certain missing persons in order to carry out prompt publication by message boards on all interstates and parkways in the Commonwealth of Kentucky.  KRS 39F.180(2)(e) requires the Transportation Cabinet to promulgate administrative regulations relating to reporting  requirements from the Division of Emergency Management to the Transportation Cabinet.  This administrative regulation establishes the requirements to request the use of interstate and parkway signs related to missing persons.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

​A public hearing on this administrative regulation shall be held at 1:00 PM EST on October 27, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622.  Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.

603 KAR 10:040. 

Advertising devices.

​Notice is hereby given that the following emergency administrative regulation was filed with the Commission on July 30, 2021:  603 KAR 10:040. Advertising devices. 

What this administrative regulation does: This administrative regulation establishes amended provisions to correct first amendment constitutional issues as prescribed by the 6th Circuit Federal Court and defines prohibited and conforming activities relative to outdoor advertising in protected areas.

KRS 177.860 requires the Commissioner of the Department of Highways to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of the Department of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. 23 U.S.C. 131, the Highway Beautification Act, authorizes retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. This administrative regulation establishes the standards for static and electronic advertising devices.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 10:00 AM EST on October 27, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.


​603 KAR 10:040E

​Advertising devices

​Notice is hereby given that the following emergency administrative regulation was filed with the Commission on July 30, 2021:  603 KAR 10:040E. Advertising devices. 

What this administrative regulation does: This administrative regulation establishes amended provisions to correct first amendment constitutional issues as prescribed by the 6th Circuit Federal Court and defines prohibited and conforming activities relative to outdoor advertising in protected areas.

KRS 177.860 requires the Commissioner of the Department of Highways to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of the Department of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. 23 U.S.C. 131, the Highway Beautification Act, authorizes retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. This administrative regulation establishes the standards for static and electronic advertising devices.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 10:00 AM EST on September 22, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.


NOTICE PURSUANT TO KRS 13A.255 OF ORDINARY ADMINISTRATIVE REGULATION PROPOSING TO INCREASE FEES

603 KAR 10:011E and 603 KAR 10:040 E

 

Pursuant to KRS 13A.255(2), notice is hereby provided of the following information:

 

The Kentucky Transportation Cabinet has filed the proposed administrative regulations, 603 KAR 10:011E and 603 KAR 10:040E Billboards. The Kentucky Transportation Cabinet has promulgated an administrative regulation that increases fees. A summary of the administrative regulation is as follows:

 

(1)  The amount of each fee being established:

                                                

Beginning on January 1, 2023, pursuant to KRS 177.860, permit fees and annual renewals fees shall be assessed, including:

 

  1. $250 for an Application for Electronic Advertising Device permit;
  2. $150 for an Application for Static Advertising Device permit; and
  3. $100 for the Advertising Device Annual Permit Renewal Request.

 

(2)  The amount of any increases to any fees previously established:

 

  1. There were no fees before.
  2. There are no increases in existing fees.

 

(3)  The necessity for the establishment or increase in the fees:

  1. The establishment of proposed fees are necessary for the costs associated with the initial permit process.
  2. The establishment of proposed fees are also necessary for required monitoring of applicable billboards.

(4)  A person or entity may contact the Kentucky Transportation Cabinet for additional information. A contact person is provided at the conclusion of this notice.

CONTACT PERSON:    Jon Johnson

Staff Attorney Manager/Assistant General Counsel Transportation Cabinet

Office of Legal Services 200 Mero Street

Frankfort, Kentucky 40622

Telephone: (502) 564-7650

Fax: (502) 564-5238

Email: jon.johnson@ky.gov


​603 KAR 10:011E

​Repeal of 603 KAR 10:002, 10:010, and 10:021. 

​Notice is hereby given that the following emergency administrative regulation was filed with the Commission on July 30, 2021:  603 KAR 10:011E. Repeal of 603 KAR 10:002, 10:010, and 10:021. 

What this administrative regulation does: This emergency administrative regulation repeals three (3) administrative regulations: 603 KAR 10:002, 603 KAR 10:010, and 603 KAR 10:021.

KRS 177.860 requires the Commissioner of the Department of Highways to promulgate administrative regulations establishing standards for advertising devices. KRS 177.890 authorizes the Commissioner of the Department of Highways to enter into agreements with the United States Secretary of Transportation in order to carry out national policy relating to interstate, defense, and federal-aid primary highways within the state. 23 U.S.C. 131, the Highway Beautification Act, authorizes retention of additional federal funding on the establishment of controls over the placement of outdoor advertising devices. These administrative regulations are being repealed because they are obsolete and no longer necessary and because a new administrative regulation will govern this subject matter.


Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

A public hearing on this administrative regulation shall be held at 10:00 AM EST on September 22, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.


NOTICE PURSUANT TO KRS 13A.255 OF ORDINARY ADMINISTRATIVE REGULATION PROPOSING TO INCREASE FEES

603 KAR 10:011E and 603 KAR 10:040 E

 

Pursuant to KRS 13A.255(2), notice is hereby provided of the following information:

 

The Kentucky Transportation Cabinet has filed the proposed administrative regulations, 603 KAR 10:011E and 603 KAR 10:040E Billboards. The Kentucky Transportation Cabinet has promulgated an administrative regulation that increases fees. A summary of the administrative regulation is as follows:

 

(1)  The amount of each fee being established:

                                                

Beginning on January 1, 2023, pursuant to KRS 177.860, permit fees and annual renewals fees shall be assessed, including:

 

  1. $250 for an Application for Electronic Advertising Device permit;
  2. $150 for an Application for Static Advertising Device permit; and
  3. $100 for the Advertising Device Annual Permit Renewal Request.

 

(2)  The amount of any increases to any fees previously established:

 

  1. There were no fees before.
  2. There are no increases in existing fees.

 

(3)  The necessity for the establishment or increase in the fees:

  1. The establishment of proposed fees are necessary for the costs associated with the initial permit process.
  2. The establishment of proposed fees are also necessary for required monitoring of applicable billboards.

     

(4)  A person or entity may contact the Kentucky Transportation Cabinet for additional information. 

CONTACT PERSON:    Jon Johnson

Staff Attorney Manager/Assistant General Counsel Transportation Cabinet

Office of Legal Services 200 Mero Street

Frankfort, Kentucky 40622

Telephone: (502) 564-7650

Fax: (502) 564-5238

Email: jon.johnson@ky.gov


​601 KAR 2:233E

STATEMENT OF EMERGENCY KENTUCKY IGNITION INTERLOCK PROGRAM

​Notice is hereby given that the following administrative regulation was filed with the Commission on April 12, 2021:  Kentucky Ignition Interlock Program.

Summary of the administrative regulation:

That this administrative regulation does:  (a) What this administrative regulation does: This administrative regulation establishes the requirements for the administration and implementation of the ignition interlock program.

(b) The necessity of this administrative regulation: This administrative regulation is required by KRS 189A.350.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation establishes forms, creates a uniform certificate of installation for ignition interlock devices, certifies the devices approved for use in the Commonwealth, and creates an ignition interlock license to be issued upon application approval.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will establish the regulatory requirements of KRS 189A.350.

Summary of changes made to existing regulation: 

a) How the amendment will change this existing administrative regulation: This administrative regulation addresses the shift of the administration of this program from the judicial branch to the Transportation Cabinet.

(b) The necessity of the amendment to this administrative regulation: KRS 189A.350 requires that the Transportation Cabinet to promulgate administration regulations in order to administer this program. 

(c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to KRS 189A.350 that requires the cabinet to implement the ignition interlock program.

(d) How the amendment will assist in the effective administration of the statutes:  This amendment will clarify provisions in the current administrative regulation.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

Material Incorporated by Reference: Link

Dates of the public comment period and the place, time, and date of the scheduled public hearing: 

A public hearing on this administrative regulation shall be held at 10:00 AM on May 25, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. In the event the declaration of a State of Emergency in Executive Order 2020-215 and the State of Emergency Relating to Social Distancing in Executive Order 2020-243 are not rescinded by May 25, 2021, this hearing will be done by video teleconference.  Members of the public wishing to attend may utilize the following link:

 

Join from PC, Mac, Linux, iOS or Android:

 

https://bluejeans.com/956226725/5068?src=calendarLink&flow=joinmeeting

 

Or Telephone:

 

+1.408.419.1715 (United States (San Jose))

 

+1.408.915.6290 (United States (San Jose))

 

Meeting ID: 956 226 725

Participant Passcode: 5068

 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on May 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, Frankfort, Kentucky  40622. (502) 564-7650.

​601 KAR 2:233

​KENTUCKY IGNITION INTERLOCK PROGRAM

​Notice is hereby given that the following administrative regulation was filed with the Commission on April 12, 2021:  Kentucky Ignition Interlock Program.

Summary of the administrative regulation:

 (a) What this administrative regulation does: This administrative regulation establishes the requirements for the administration and implementation of the ignition interlock program.

(b) The necessity of this administrative regulation: This administrative regulation is required by KRS 189A.350.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation establishes forms, creates a uniform certificate of installation for ignition interlock devices, certifies the devices approved for use in the Commonwealth, and creates an ignition interlock license to be issued upon application approval.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will establish the regulatory requirements of KRS 189A.350.

Summary of changes made to existing regulation:

If this is an amendment to an existing administrative regulation, provide a brief summary of:  

(a) How the amendment will change this existing administrative regulation: This administrative regulation addresses the shift of the administration of this program from the judicial branch to the Transportation Cabinet.

(b) The necessity of the amendment to this administrative regulation: KRS 189A.350 requires that the Transportation Cabinet to promulgate administration regulations in order to administer this program. 

(c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to KRS 189A.350 that requires the cabinet to implement the ignition interlock program.

(d) How the amendment will assist in the effective administration of the statutes:  This amendment will clarify provisions in the current administrative regulation.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

Dates of the public comment period and the place, time, and date of the scheduled public hearing: 

A public hearing on this administrative regulation shall be held at 10:00 AM on June 28, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. In the event the declaration of a State of Emergency in Executive Order 2020-215 and the State of Emergency Relating to Social Distancing in Executive Order 2020-243 are not rescinded by June 28, 2021, this hearing will be done by video teleconference.  Members of the public wishing to attend may utilize the following link:

 

Join from PC, Mac, Linux, iOS or Android:

 

https://bluejeans.com/521346165/2876?src=calendarLink&flow=joinmeeting

 

Or Telephone:

 

+1.408.419.1715 (United States (San Jose))

 

+1.408.915.6290 (United States (San Jose))

 

Meeting ID: 521 346 165

 

Participant Passcode: 2876

 

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on June 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622.  502-564-7650.

​601 KAR 001:005

​Safety Administrative Regulation

​Notice is hereby given that the following administrative regulation was filed with the Commission on March 12, 2021: 601 KAR 001:005 Safety Administration Regulation.

Summary of the administrative regulation:

What this administrative regulation does: This administrative regulation adopts the Federal Hazardous Materials Transportation Regulations, 49 C.F.R. (1978), by reference or in its entirety, in order to carry out the intent of KRS 174.400 through 174.425 relating to the transportation of hazardous materials by air or highway. This administrative regulation establishes requirements for motor carriers operating in Kentucky and relates to the safety requirements for motor vehicles and the method of operation. This administrative regulation establishes the requirements related to exemptions from medical examination for private motor carriers of passengers. Modifications to the current regulation eliminate findings that the FMCSA identified as non-compliant with the FMCA regulations.

KRS 174.410(2) requires the Secretary of the Transportation Cabinet, in consultation with the Secretary of the Energy and Environment Cabinet and the Secretary of the Cabinet for Health and Family Services, to adopt the Federal Hazardous Materials Transportation Regulations, 49 C.F.R. (1978), in order to effectively carry out the intent of KRS 174.400 through 174.425 relating to the transportation of hazardous materials by air or highway. KRS 174.410(3) requires the Transportation Cabinet and the Justice and Public Safety Cabinet to cooperate with and assist the Energy and Environment Cabinet in the implementation and enforcement of the transportation provisions of any state hazardous waste regulations promulgated pursuant to KRS Chapter 224. KRS 281.600 authorizes the Transportation Cabinet to promulgate administrative regulations relating to safety requirements for motor vehicles and the method of operation, including adoption of any federal motor carrier safety regulations. This administrative regulation establishes requirements for motor carriers operating in Kentucky. This administrative regulation establishes requirements related to exemptions from medical examination for private motor carriers of passengers that are more stringent than the requirements in 49 C.F.R. 391.68(c), which allows these carriers to avoid medical examination. Kentucky does not allow these medical waivers.


Summary of changes made to existing regulation:

The amendment to this administrative regulation will change this existing administrative regulation by incorporating the requirements of KRS 174.410(2) in order to carry out the intent of KRS 174.400 through 174.425 relating to the transportation of hazardous materials by air or highway. KRS 174.410(2) authorizes the Secretary of the Transportation Cabinet to (1) consult with the Secretary of the Environmental and Public Protection Cabinet and the Secretary of the Cabinet for Health and Family Services, and to (2) adopt the Federal Hazardous Materials Transportation Regulations, 49 C.F.R. (1978), as amended, by reference or in its entirety.

Access the administrative regulation on the Commission’s website:: https://legislature.ky.gov/Law/kar/Pages/default.aspx

Dates of the public comment period and the place, time, and date of the scheduled public hearing:

A public hearing on this administrative regulation shall be held at 10:00 AM EST on May 24, 2021, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622. In the event the declaration of a State of Emergency in Executive Order 2020-215 and the State of Emergency Relating to Social Distancing in Executive Order 2020-243 are not rescinded by May 24, 2021, this hearing will be done by video teleconference. Members of the public wishing to attend may utilize the following link:

Join from PC, Mac, Linux, iOS or Android:

https://bluejeans.com/497647287/3192?src=calendarLink

Or Telephone:

+1.408.419.1715 (United States (San Jose))

+1.408.915.6290 (United States (San Jose))

Meeting ID: 497 647 287

Participant Passcode: 3192

Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 PM on May 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Jon Johnson, Assistant General Counsel, 200 Mero Street, 6th Floor, Frankfort, Kentucky 40622. 502-564-7650.




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