Ediror S Nore: The following maieriai is incorporared inro rhis rule bj reference: Ii United Stales Code, Tirle 23, .secrion 11 I(b) (Washington: U.S. Gmernmeni Printing Of/ice, 1990): and 2, Code of Fedeml Regulations, liile 23 pa” 752 (Woshingron: U.S. Goverrmeni Printing Office, April I, 1995).

1. (1) Publication vending machines shall be of a standard size commonly used m vend newspapers or orher publications. Puhlicarion vending machines shall not require an externai power souwz for opeuaiion. Each machine shall be torally enclosed to protect its contents from rain OT inclement weather. No vending machine shall dispense more than one (I) single publication. Final approval of the location. design and specifications of each vending machine shall be granted by the commission through its installation permit process.
2. (2) The publication vending machine may be locared outside ihe immediate vending area. provided its location is consistent with the purpose of providing convenient access to travelers and shall nol limit handicapped pedestrian accessibility Lo rest area facilities. A publication vending machine shall not he placed or installed inside a rest area building.
3. (3) Anchorage for machines is required and is the responsibility of the puhlisher or designated agent. Machines shall not be allowed to be anchored m rest area buildings, light posts, sign posts, bulletin boards, trash containers, trees, other vending facilities, picnic ,ab,e covers, fences nor any other appurtem nance of the rest area. Each vending machine shall be placed upon or adjacent to a paed surface so it is reasonably accessible to persons with disabilities.
4. (4) No publication vending machine shall be instaiied at a resr area or on other COnmiS- sion property without first receiving an installation permit from an authorized reprem senfative of the highway deparrmenr district engineer over the district in which the vends ing machine shall be located, and without the execution of any sub-licensing agreement with the licensee which is required by 7 CSR 10-16.010 through 7 CSR 10-16.040. If any publication vending machine is installed or operated at a resi area in violation of these rules, the machine shall be removed from the T~SI area and stored by the commission, and all remwal and storage costs incurred shall be home by the publisher or its agent before that machine may be obtained by the publisher or L& agent.
5. (5) Publication vending machines shall have no advertisement displayed on the machine itself, other than the name of the publication contained within the machine.
6. (6) On a prominent place on each publication vending machine. the publisher or its agent shall display this notice or a notice with similar wording, “For Information Regarding Any Problems With Your Use of This Machine Call , or write

-.” The notice shall provide the appropriate telephone number (with area code) and the mailing address of a contact person or agent, for refund requests 01 other vending problems.

1. (7) Each puhiisher and its agents shall be liable for their publication vending machines and the conrenrs thereof, and shall carry sufficient liability insurance to protect the srare of Missouri, the commission, the licensee and their officials, agents and employees from any liability resulting from the placement or operation of their vending machines in Missouri rest areas.
2. (8) No publication of any type shall he sold, distributed, given away, issued 01 distributed at a Missouri rest area except in a publication vending machine properly permitted, and installed, maintained and operated in compliance with the commission’s rules 7 CSR IO- 16.010 through 7 CSR 10~16.040, and any required sub-Iicensins agreement; except a publication issued, vended or distributed by the state of Missouri or an agency thereof may be displayed, vended or distributed at a rest area pursuant to agreement between the state agency and the commission. Publication vending machines in Missouri rest areas shall be installed, operated and maintained in accordance wirh applicable federal law, including but not limited to, Tide 23 United Slates Code section 11 l(b) and Title 23 part
3. 752. Pursuant to federal law, the commission shall ultimately control the operation of all publication vending machines through its rules at 7 CSR 10-16.010 through 7 CSR IO- Division lO-Missouri Highways and Transportation Commission

16.040, and under its licensiny agreement with the licensee.

1. (9) If rhe stare agency for the blind elects io assume the authority granted by law IO govern and regulare vendiny of publications ar rest areas. the licensee shall he notified immediately of chat fact by commission representati\,es, and the licensee shall promprly terminate its sub-licenses with each publisher 01 its agent in accordance with the written instructions received by the licensee from the commission and/or the slate apency for the blind. If the licensee decides LO rerminare its status as the commission’s licensee under 7 CSR 10~16.010 through 7 CSR 10-16.040, and no successor licensee is found to replace that entity before the date it rerminares its status. the licensee shall terminate each of its existing sub-licenses with publishers 01 their agents to operate publication vending machines at srare rest areas. Unril a SUCCESSOR licensee is found and new sub-licensing agreements have been executed, each publisher and its asent must not stock. supply. operate or instail any publication vending machines in a Missouri rest area, because the commission is prohibited by state law from operating any commercial facility in a rest area itself.

AUTHORITY sectim 29 of Art. II! Mo. Const., secriom 226.020, 226.150, 226.750-226.790 and 227.030, RSMo (Supp. 1995). * Tfitle 23, United States Code se&m I II fb) nnd Title 23, Code pnrr 752. of Federal Regulations Emergenq rule filed Jan. 19, 1996, e$wiective Feb. I, 1996, expired July 27. rule filed Jon. 16, 1996. Original 1996, effeecrive July 30, 1996. (6130196) Rebecca McDowell Cook secretary 0‘ s,ate