October 1, 2023 — and a second incorporation date thirteen days later
For an operation that is inside the safety chapter, the federal text that governs is not the text currently on the federal register. A.A.C. R17-5-202(A) incorporates by reference 49 CFR 40, 379, 382, 383, 385, 390 (with three carve-outs), 391, 392, 393, 395, 396, 397 and 399, “revised as of October 1, 2023, and no later amendments or editions, as amended under this Article.”
Three phrases in that sentence each do something. “Revised as of October 1, 2023” pins the text. “And no later amendments or editions” forecloses the rolling reading — a federal amendment does not reach an Arizona intrastate carrier by its own force. “As amended under this Article” means the Arizona article itself may change what it adopted, which is why the incorporation cannot be read on its own.
The same subsection then does something unusual: it incorporates a second time, on a different date. Sections 390.23 and 390.25 and the definitions of “direct assistance,” “emergency,” and “residential heating fuel” in 390.5 and 390.5T are incorporated “as published in 88 FR 70897, October 13, 2023, and no later amendments or editions.” Two incorporation dates thirteen days apart, in one subsection, for different pieces of the same part. An operator checking whether a federal change has reached Arizona has to check which piece it touched before checking which date applies.
Subsection (B) states the reach: the incorporated sections “apply as amended under this Article to all intrastate and interstate motor carriers operating in Arizona and persons operating a commercial motor vehicle.” That last phrase routes back to A.R.S. 28-5201 and its twenty-six thousand and one pound line, which is how the two halves of this page connect.
Note also what is not in the incorporation list. 49 CFR Part 387 does not appear in it. Arizona does not reach intrastate financial responsibility through the federal part at all; it writes its own dollar figures directly into A.R.S. 28-4033 and administers them through Article 5. That is why the figures on this page are Arizona’s numbers rather than borrowed ones, and it is why an analysis that starts from the federal part produces the wrong answer for this state.