BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 18.16.101 through 18.16.108 pertaining to the Fuel Tax Bridge and Road Safety and Accountability Program

) ) ) )

NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On June 26, 2023, the Department of Transportation proposes to repeal the above-stated rules.

 

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require accommodation, contact the Department of Transportation no later than 5:00 p.m. on June 16, 2023, to advise us of the nature of the accommodation needed. Please contact Lawrence Flynn, Department of Transportation, Administration Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-9418; fax (406) 444-5411; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail lflynn@mt.gov.

 

3. The department proposes to repeal the following rules:

 

18.16.101  DEFINITIONS

 

AUTH:  15-70-104, MCA

IMP: 15-70-127, 15-70-130, 60-2-225, MCA

 

18.16.102  ELIGIBILITY – ALLOCATION – MATCHING FUNDS 

 

AUTH: 15-70-104, MCA

IMP: 15-70-127, 15-70-130, MCA

 

18.16.103  DISTRIBUTION TERMS AND CONDITIONS 

 

AUTH: 15-70-104, MCA

IMP: 15-70-127, 15-70-130, 60-2-225, MCA

 

18.16.104  BARSAA MATCH FUNDS – ADMINISTRATION OF FEDERAL-AID PROJECTS

 

AUTH: 15-70-104, MCA

IMP: 15-70-130, MCA

 

18.16.105  DISTRIBUTION REQUEST PROCESS – DEADLINES

 

AUTH: 15-70-104, MCA

IMP: 15-70-127, 15-70-130, MCA

 

18.16.106  RESTRICTED ASSET ACCOUNT – OBLIGATION OF FUNDS 

 

AUTH:  15-70-104, MCA

IMP:  15-70-127, 15-70-130, MCA

 

18.16.107  RESERVATION OF ALLOCATED FUNDS 

 

AUTH: 15-70-104, MCA

IMP: 15-70-127, 15-70-130, MCA

 

18.16.108  ANNUAL REPORT 

 

AUTH: 15-70-104, MCA

IMP: 60-2-225, MCA

 

REASON:  The proposed repeal of ARM 18.16.101 through 18.16.108 is necessary because House Bill 76 (2023) repeals the department's Bridge and Road Safety and Accountability Program, removing the need for these rules.  HB 76 was passed as part of the Governor's red tape relief initiative (Executive Order 1-2021) and will simplify the distributions of funds to local governments.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Lawrence Flynn, Department of Transportation, Administration Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-9418; fax (406) 444-5411; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail lflynn@mt.gov, and must be received no later than 5:00 p.m., June 23, 2023.

 

5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Lawrence Flynn at the above address no later than 5:00 p.m., June 23, 2023.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 18 persons based on 127 cities and 56 counties entitled to receive BARSAA funds.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, apply.  The sponsor was contacted via email and U.S. mail on April 17, 2023.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

            11. With regard to the requirements of 2-15-142, MCA, the department has determined that the repeal of the above-referenced rules will not have direct tribal implications.

 

 

/s/ Valerie A. Balukas                      /s/ Malcolm D. Long           

Valerie A. Balukas                           Malcolm D. Long

Rule Reviewer                                 Director

                                                         Department of Transportation

           

Certified to the Secretary of State May 16, 2023.