PURPOSE: This rule sets out the procedures to be followed in the utilization of motor carrier service in the event of a national emergency, enemy attack or natural disaster.

Editor's Note: The following material is incorporated into this rule by reference: 1) Federal Aviation Administration Authorization Act of 1994 (H.R. 2739, 103d Congress, 2d Session) (49 U.S. Code sections 11501(h) and 41713(b) (Washington: U.S. Government Printing Office, 1994); and 2) Trucking Industry Regulatory Reform Act of 1994 (H.R. 2178, 103d Congress, 2d Session) (49 U.S. Code section 10936) (Washington: U.S. Government Printing Office, 1994). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Chapter 44, RSMo, entitled the Civil Defense Act, provides that the governor may take action and give directions to state officers and agencies as may be reasonable and necessary to secure compliance with its provisions. The Division of Transportation has been requested to adopt rules to protect public safety and welfare and to properly cope with any emergency, attack or disaster of wide proportions. Thus, the division adopts the Transport Mobilization Orders of the Interstate Commerce Commission, numbers one to twelve (1—12) inclusive, as amended, but only as they are compatible with and not in conflict with or contrary to the provisions of the Civil Defense Act, the provisions of Section 601, Title VI, of the Federal Aviation Administration Authorization Act of 1994 (H.R. 2739, 103d Congress, 2d Session), the provisions of Section 211, Title II, of the Trucking Industry Regulatory Reform Act of 1994 (H.R. 2178, 103d Congress, 2d Session) (49 U.S.C. section 10936), any other law of Missouri or any order, declaration or directive, relating to it, which may be issued by the governor of Missouri.

2. (2) The Transport Mobilization Orders provide for—

   1. (A) Preference and priority for the transportation of United States military personnel, accredited civil defense workers and the United States mail;
   2. (B) Rail, motor and inland waterways freight embargo;
   3. (C) Disposal by carriers of undeliverable shipments;
   4. (D) Control of railroad tank cars;
   5. (E) Direction of certain intercity common carriers of persons by bus to serve certain points;
   6. (F) Direction to certain over-the-road motor carriers or property regarding routes, diversions and service to certain destinations;
   7. (G) Control of freight shipments to or within port or storage areas;
   8. (H) Control of liquid transport vehicles; and
   9. (I) Inventory and disposition of shipments of food and medical supplies requisitioned by the government and in the possession of railroads and motor carriers.

AUTHORITY: section 622.027, RSMo (1994).* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Emergency amendment filed Dec. 1, 1994, terminated Dec. 19, 1994. 4 CSR 265-6 Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18. 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. *Original authority 1985 amended 1993, 1995.