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| Montana Administrative Register Notice 18-135 | No. 8 04/26/2012 | |
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BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On May 26, 2012, the Department of Transportation proposes to amend 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 an accommodation, contact Department of Transportation no later than 5:00 p.m. on May 17, 2012, to advise us of the nature of the accommodation that you need. Please contact Dan Kiely, Motor Carrier Services, Department of Transportation, PO Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; TDD 444-7696 or (800) 335-7592; or e-mail dkiely@mt.gov. 3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 18.8.101 DEFINITIONS The following definitions shall apply throughout this chapter. (1) "Calendar quarter" means a period of three consecutive months ending March 31, June 30, September 30, or December 31. (2) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle: (a) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,001 pounds or more; (b) is designed or used to transport more than eight passengers (including the driver) for compensation; (c) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (d) is used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 USC 5103 and transported in a quantity requiring placarding under regulation prescribed by the Secretary under 49 CFR, subtitle B, chapter 1, subchapter C. (3) "Commercial use" means vehicles registered to a business, company, co-op, or corporation which are used in these businesses or a vehicle used in commerce. (4) "Construction equipment" means any vehicle, machine, or attachment designed or adapted for and used in construction, heavy construction, highway construction, or remodeling work, as defined in 61-10-102, MCA. (5) "Continuous travel" means unrestricted hours of travel for certain vehicles or loads operating under special permits. Movement is allowed 24 hours per day, seven days per week, including holidays and holiday weekends. (6) "Convoy" means a group of two to five vehicles or vehicle combinations which would individually require flag vehicles that are permitted to travel together with flag vehicles at the front and rear of the group. (7) "Daylight hours" means one-half hour before sunrise to one-half hour after sunset as defined by the United States Naval Observatory for the area being travelled in Montana. (8) "Financial stationery permits" means a hand-written special permit issued on preprinted, four-part, consecutively numbered forms approved by the department. (9) "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price (MSRP), as determined by the Montana Department of Justice under ARM 23.3.802 for light vehicles, motor homes, motorcycles, quadricycles, and amphibious vehicles, if they are issued a license plate for highway use. For all vehicles over one ton, "F.O.B. factory list price" and "F.O.B. port-of-entry list price" mean manufacturer's suggested retail price or acquired cost, whichever is less. (10) "Holiday weekend" means a period of consecutive calendar days adjacent to a holiday, during which travel is prohibited. Holiday weekend time periods include: (a) a holiday which falls on a Friday or Saturday, prohibiting travel on Friday, Saturday, or Sunday; (b) a holiday which falls on a Sunday or Monday, prohibiting travel on Saturday, Sunday, or Monday; (c) a holiday which falls on a Tuesday, Wednesday, or Thursday, prohibiting travel on that day only; or (d) the Thanksgiving holiday, prohibiting travel on Thursday, Friday, Saturday, and Sunday. (11) "Holidays" means New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. (12) "Overhang" means the part of a load which extends beyond the rear of a vehicle. Rear overhang is measured from the end of the vehicle or underride protection device. Overhang is also defined for a load of raw logs under 61-10-104, MCA. (13) "Personal use" means a vehicle registered to a private individual for noncommercial use. (14) "Quarter" means a period of any three consecutive months. (15) "Red route" means those highways upon which certain hours of travel may be prohibited for vehicles or loads operating under special permits. The highways are listed on the "red route restrictions" map, which is available from the department's Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604. (16) "Route analysis" means a route-specific study conducted by the department in connection with an application for an overweight permit of an overweight vehicle configuration to determine the conditions of approval for an application to move overweight vehicles or loads upon a specific route. (17) "Special permit" means a written or electronic document which may be issued for width, height, length, or weight in excess of the statutory limits, or a combination of these. A special permit shall be issued for a nonreducible load only, except when otherwise expressly set forth in this chapter. The duration of a special permit may be either a single trip or a term permit. (18) "Telephonic permit" means a computer-generated special permit that is issued to a vehicle or load that originates in a location where the permit cannot be transmitted electronically or purchased in person. A vehicle or load that is operating on a telephonic permit is subject to all applicable statutes and administrative rules which apply to special permits. (19) "Vehicle weight analysis" or "weight analysis" means a study conducted by the department for an overweight vehicle configuration to determine the conditions of travel for the movement of overweight vehicles or loads. AUTH: IMP: REASON: The proposed amendments are necessary to re-organize and alphabetize the definitions for ease of use by the public and the department. The proposed amendments will also provide new or amended definitions for the terms "daylight hours," "commercial use," "construction equipment," "convoy," "holiday weekends," "route analysis," "personal use," "quarter," and "vehicle weight analysis," because those terms are used elsewhere in the rules, and formerly contained confusing language, or no definition of the term caused confusion for the public. The new language will clarify the terms as they are used throughout the rules. The proposed amendments to the authority and implementing sections are necessary to add statutory authorities that provide authorization or are being implemented, as well as delete improper or inappropriate statutory citations. 18.8.207 PAYMENT OF FEES (1) through (4) remain the same. (5) After issuance of a temporary authority registration (TA), a vehicle is authorized to operate while the annual registration credentials are being processed. All registration fees become due upon issuance of a temporary registration. REASON: The proposed amendment is necessary to clarify that a temporary authority registration is a valid registration which authorizes a vehicle to operate. The proposed amendment will also clarify that all fees will be due upon its issuance to avoid confusion over allowable operation of vehicles and time frames for payment of fees. The proposed amendment to the authority and implementing citations will clarify that additional statutes are also being implemented in this rule. 18.8.306 FUEL, SIZE, WEIGHT, SAFETY, AND CARGO HAULING AUTHORITY REQUIREMENTS (1) The reciprocity granted does not excuse or relieve any owner or operator of any vehicle granted reciprocity from complying with all fuel laws, driver and vehicle safety requirements, all commercial carrier laws and regulations, and all the size and weight provisions of sections 61-10-101 AUTH: 61-3-716, 61-10-154, 61-10-155, MCA IMP: 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, 61-10-124, 61-10-154, MCA REASON: The proposed amendment is necessary to add a citation to 61-10-154, MCA, as that statute allows MCS to adopt motor carrier safety standards, including enforcement, designation of peace offices, and duties and violation. The proposed amendment will clarify the statutes with which owners and operators must comply after being granted reciprocity. The proposed amendment to the authority and implementing citations will clarify that additional statutes under Title 61, chapter 10, part 1 are also being implemented in this rule. 18.8.411 STATION WAGONS, (2) remains the same. AUTH: IMP: REASON: The proposed amendment is necessary to update archaic language referring to "suburbans" to the more accurate term "sport utility vehicles." The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. The proposed amendments to the implementing citations are necessary to correct a typographical error and add the correct citation of "61-10-107, MCA." 18.8.412 SELF-PROPELLED MOTOR HOMES (1) Motor homes used as recreational vehicles may be licensed as passenger cars and when so licensed are not subject to G.V.W. fees. (2) Motor homes used as commercial motor vehicles must be licensed as a truck and pay G.V.W. fees.
AUTH: IMP: 61-10-201, MCA REASON: The proposed amendment is necessary to clarify that a motor home used as a commercial motor vehicle must pay G.V.W. fees under the definition of "commercial motor vehicle" which has been added to ARM 18.8.101. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. 18.8.413 DEALER PLATES (1) remains the same. AUTH: IMP: 61-10-214, MCA REASON: The proposed amendment is necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. 18.8.414 INCREASE IN WEIGHT AND/OR CHANGE OF CLASSIFICATION (1) through (3) remain the same. AUTH: 61-10-155, MCA; IMP: 61-10-201, 61-10-202, 61-10-209, 61-10-233, MCA REASON: The proposed amendment is necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. 18.8.415 MONTHLY - QUARTERLY G.V.W. FEES (1) through (4) remain the same (5) Fees paid on an annual basis will be granted a grace period equal to the Montana Vehicle Registration. AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, 61-10-209, MCA REASON: The proposed amendments are necessary to identify the grace period for an annual registration and make the grace period the same as the registration. The current language was confusing as to when the GVW fees expired. The proposed amendments to the implementing citations are necessary to add citations to all MCA sections being implemented by this rule. 18.8.420 G.V.W. VALIDATING IDENTIFICATION (1) Each truck, truck tractor AUTH: 61-10-155, MCA IMP: 61-10-209, MCA REASON: The proposed amendment is necessary to clarify that all GVW fees are paid on the unit that is pulling the trailer. The proposed amendment is also necessary to clarify the cab card is no longer issued, and has been replaced by a receipt showing the dates, vehicle information, and weights that a unit has paid. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. 18.8.422 TEMPORARY TRIP PERMITS (1) remains the same (2) Vehicles used by displays or exhibitions (including circuses and carnivals) may be permitted to cover the period of their schedule for a single trip through the state. The last date the vehicle is to be in (3) through (4)(a) remain the same. (b) nonreciprocal (c) through (e) remain the same. (f) nonresident vehicles traveling with (g) all nonresident trucks or trailers not carrying (h) through (5)(a) remain the same. (b) nonresident house trailers towed (c) through (8) remain the same. AUTH: 61-10-155, MCA IMP: 61-10-124, 61-10-211, 61-10-212, 61-10-213, 61-10-214, MCA REASON: The proposed amendments are necessary to correct a typographical error. The proposed amendments are also necessary to update archaic language to current references to registration, identification, and licensing by agreement, and to clarify terminology on personal use and deletion of terms on temporary and permanent use, to avoid confusion in use of the rule. The proposed amendment is also necessary to clarify the cab card is no longer issued, and has been replaced by a receipt showing the dates, vehicle information and weights that a unit has paid. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. The proposed amendment to the authority and implementing citations will clarify that additional statutes are also being implemented in this rule. 18.8.426 CUSTOM COMBINES (1) Operators of custom combines are issued special permits to cover registration, gross vehicle weight fees, overwidth, overlength and overheight, and fuel requirements. (2) Combines owned and operated by a farmer, used (3) remains the same. (4) Custom combine permits include height up to and including 14 feet 6 inches and width up to and including 15 feet, and length up to and including 95 feet. (5) Combine headers carried on a trailer may be hauled side by side, however the width may not exceed 12 feet. AUTH: IMP: REASON: The proposed amendments are necessary to delete an incorrect statutory reference, and to add "length" to be in line with the term permit requirements. The proposed amendments will also correct typographical errors and make the rule gender neutral. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. The proposed amendment to the authority and implementing citations will clarify that additional statutes are also being implemented in this rule. 18.8.509 GENERAL PERMIT RESTRICTIONS (1) through (4) remain the same. (5) Resident implement dealers may purchase a term special permit for width, length, and height determined by the department, pursuant to the following criteria: (a) two integrated implements of husbandry may be towed by truck or truck tractor; (b) towing unit and driver must comply with safety requirements under 49 CFR 383, and 390 through 399; (c) speed shall not exceed 35 mph; and (d) travel is restricted to daylight hours. (6) Extreme caution in the operation of a motor vehicle shall be exercised when hazardous conditions such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke adversely affect visibility or traction. Speed shall be reduced when such conditions exist. The driver of any vehicle equipped with vehicular hazard warning lights may activate such lights whenever necessary to warn the operators of following vehicles of the presence of a traffic hazard ahead of the signaling vehicle, or to warn the operators of other vehicles that the signaling vehicle may itself constitute a traffic hazard. When conditions become sufficiently dangerous, the company or the operator shall discontinue operations, and operations shall not be resumed until the vehicle can be safely operated. No travel is allowed when a route has been placed under (7) through (12) remain the same. (13) The Motor Carrier Services Division administrator or its designee may AUTH: 61-10-129, 61-10-155, MCA IMP: 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, MCA REASON: The proposed amendments are necessary to define the use of equipment that a Montana implement dealer may use on the highway as a unit. The proposed amendments are also necessary to update the wording on the road reporting from "emergency travel" to "severe driving" and to update the road report web site. The proposed amendments to (13) are necessary to delete the current requirement that a separate application be made for travel at night, on weekends or holidays. The department has determined that travel at those designated times may be addressed as a special condition as part of the underlying permit, which may be allowed when a sufficient showing of safety or disruption minimization has been made by the applicant. 18.8.510A REGULATIONS AND EQUIPMENT FOR FLAG VEHICLES (1) A flag vehicle may be any passenger car or two axle truck a minimum of 60 inches wide. The maximum manufacturer's rating for the flag vehicle shall not exceed (a) (b) (c) complies with all state traffic laws; and (d) possesses current registration and valid insurance. (2) through (4) remain the same. (5) Flag vehicles must remain within 1,000 feet of the permitted vehicle or load. AUTH: 61-10-155, MCA IMP: REASON: The proposed amendments are necessary because MCS has had a number of complaints from the traveling public, the Montana Highway Patrol, and local enforcement officials concerning pilot vehicles crossing the center line and not being properly registered. The proposed amendments will clarify the requirements for flag vehicles for the use of all flag vehicle operators. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. The proposed amendment to the authority and implementing citations will clarify which statutes are also being implemented in this rule. 18.8.510B REGULATIONS AND EQUIPMENT FOR VEHICLES OR LOADS EXCEEDING 10 FEET WIDE (1) through (4) remain the same. (5) Oversize load signs must be removed from the vehicle upon completion of the highway movement which necessitated the signs. AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-122, MCA REASON: The proposed amendment is necessary because "oversize load" signs are to be used to warn the travelling public to be aware, and when these signs are not removed it causes confusion to the travelling public, defeating the effectiveness and validity of early warning. The proposed amendment is also necessary to delete the reference to the advisory nature of the rule. The department has full rulemaking authority under 61-10-155, MCA, to adopt rules to implement Title 61, chapter 10, MCA, thus the rule is not adopted under "implied" rulemaking authority, and the "advisory" designation is not appropriate under 2-4-308, MCA. 18.8.511A WHEN FLAG VEHICLES ARE REQUIRED (1) remains the same (2) A rear flag vehicle escort is not required for a vehicle that exceeds 12 feet 6 inches in width, that is hauling or towing an implement of husbandry, construction equipment, or forestry equipment, and that is operating under 61-10-102 (5), MCA, or as authorized by special permit if the vehicle is operating at highway speed or with the flow of traffic. (2) and (3) remain the same but are renumbered (3) and (4).
AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA REASON: The proposed amendments are necessary to add (2) as required by 2011 legislative session under Chapter 210, HB 251. The proposed amendment to (4) is necessary because this subsection was moved to ARM 18.8.510A. 18.8.512 HEIGHT (1) through (5) remain the same. (6) A term or single trip special permit may be issued for height of 15 feet or less for baled or loose hay. AUTH: 61-10-155, MCA IMP: 61-10-101, REASON: The proposed amendments are necessary to clarify dimension limitations. The proposed amendment of the authority and implementing section is necessary to delete improper or inappropriate statutory citations. 18.8.517 SPECIAL VEHICLE COMBINATIONS (1) through (10)(a) remain the same. (c) and (d) remain the same, but are renumbered (b) and (c). (11) and (12) remain the same. (13) No overlength permit may be issued to a company which does not have a documented, established (14) and (15) remain the same. (16) The original permit shall be carried in the truck or truck-tractor of the special vehicle combination operating under the permit, and shall be displayed to any peace officer, employee of the Department of Transportation, or Montana Highway Patrol (17) through (20) remain the same. AUTH: 61-10-129, 61-10-155, MCA IMP: 61-10-124, MCA REASON: The proposed amendments are necessary to eliminate duplication of federal requirements. The proposed amendment will also delete a reference to the Public Service Commission, as the PSC no longer conducts this program nor maintains inspectors. 18.8.518 SPECIAL VEHICLE COMBINATION DRIVER CERTIFICATION (1) through (2) remain the same. AUTH: 61-10-129, 61-10-155, MCA IMP: 61-10-124, MCA REASON: The proposed amendments are necessary to eliminate duplication of federal requirements found at 23 CFR 380.107. 18.8.519 WRECKERS AND/OR TOW VEHICLE REQUIREMENTS (1) remains the same. (1)(a) When proceeding to an emergency, the wrecker or tow vehicle which exceeds the weight limits set forth in 61-10-141, MCA, must enter an open weigh station except if the emergency creates highway blockage and/or serious threat to life and property. If this condition exists, the wrecker or tow vehicle must have top lights flashing and may pass by the open weigh station. (b) through (e)(iv) remain the same. (v) All flag vehicles, lights, and signing regulations found at ARM 18.8.510A, 18.8.510B, and 18.8.511A apply to wreckers and/or tow vehicles when responding to or returning from an emergency. AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, MCA REASON: The proposed amendments are necessary to ensure (1)(a) is uniform with (1)(d). The proposed amendment to (1)(e)(v) is also necessary for safety and clarification as to when flag vehicle, lights, and signs are required. 18.8.602 CONDITIONS IMPOSED FOR MAXIMUM WEIGHT (1) and (2) remain the same. (3) On noninterstate highways, unless specifically noted on the special permit, loads may maintain a maximum speed of 55 mph or the posted speed limit, whichever is less. (4) through (6) remain the same. AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, MCA REASON: The proposed amendments are necessary to correct grammatical errors. Statutes are also being implemented in this rule. 18.8.604 VEHICLE WEIGHT ANALYSIS AND ROUTE ANALYSIS (1) (a) The analysis is transferable only to an identical vehicle configuration. (b) If there is any change in the vehicle configuration, axle spacings, axle weights, or gross weight, the analysis is invalid and a new vehicle weight analysis must be requested (c) When obtaining (d) The permittee must carry a copy of the vehicle weight analysis in the assigned vehicle and be able to produce it for inspection by an officer. (2) (a) When obtaining an overweight permit, (b) Only the Helena MCS office is authorized to issue permits for a vehicle configuration operating under the conditions of a route analysis. AUTH: 61-10-155, MCA IMP: 61-10-121, 61-10-125, MCA REASON: The proposed amendments are necessary to clarify definitions of and uses of vehicle and route analyses in connection with an overweight permit application. The current language does not differentiate between the analyses and the permit themselves, thus the amendments will explain the analyses are necessary as a required element of an application. The proposed amendments will also clarify the appropriate transferability of the vehicle weight analysis, versus the nontransferability of the route analysis. The proposed amendments are also necessary to correct errors to the definition references within the rule. 18.8.1501 MOTOR CARRIER SAFETY DEFINITIONS (1) through (2)(a)(ii) remain the same. (iii) is designed or used to transport (iv) through (j) remain the same. AUTH: 61-10-155, MCA IMP: REASON: The proposed amendment is necessary to clarify the definition of commercial motor vehicle for consistency with other administrative rules. The proposed amendment to the implementing citations will clarify which statutes are being implemented in this rule. 18.8.1502 FEDERAL MOTOR CARRIER SAFETY RULES AND STATE MODIFICATIONS (1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 (2) remains the same. AUTH: 61-10-155, MCA IMP: REASON: The proposed amendments are necessary to update the federal CFR citations to add 49 CFR part 383, to ensure the ability to enforce federal regulations. The proposed amendments are also necessary to update to the most current 2012 Code of Federal Regulations. The proposed amendment to the authority and implementing citations will clarify which statutes are also being implemented in this rule. 18.8.1503 TRANSPORTATION OF HAZARDOUS MATERIALS (1) A commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following federal regulations of the U.S. Department of Transportation concerning the transportation of hazardous materials. The regulations adopted by reference are 49 CFR part 107, 49 CFR part 171, 49 CFR part 172, 49 CFR part 173, 49 CFR part 177, 49 CFR part 178, and 49 CFR part 180. The regulations adopted may be found in the Code of Federal Regulations, Title 49, chapter I, subchapters B and C, as updated through AUTH: 61-10-155, MCA IMP: 61-10-154, MCA REASON: The proposed amendments are necessary to update the federal CFR citation to the most current 2012 Code of Federal Regulations. 18.8.1505 SAFETY INSPECTION PROGRAM: PURPOSE AND OUT-OF-SERVICE CRITERIA (1) remains the same. (2) In addition to the federal regulations adopted in ARM 18.8.1502, the safety inspection program will follow Commercial Vehicle Safety Alliance (CVSA), North American (3) remains the same. AUTH: 61-10-155, MCA IMP: REASON: The proposed amendments are necessary to update to the most current CVSA North American Standard "Out-of-Service" criteria, as well as to use the correct terminology. The proposed amendment to the authority and implementing citations will clarify which statutes are also being implemented in this rule. 4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Kiely, Motor Carrier Services, Department of Transportation, PO Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; or e-mail dkiely@mt.gov, or Jeff Steeger, Motor Carrier Services, Department of Transportation, PO Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-4207; fax (406) 444-7681; or e-mail jsteeger@mt.gov, and must be received no later than 5:00 p.m., May 24, 2012. 5. If persons who are directly affected by the proposed action 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 Dan Kiely or Jeff Steeger at the above address no later than 5:00 p.m., May 24, 2012. 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 9,307 persons based on the number of permits issued in the 2011 calendar year. 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 through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor for amendments to ARM 18.8.511A was contacted by U.S. mail on February 3, 2012. /s/ Carol Grell Morris /s/ Timothy W. Reardon Carol Grell Morris Timothy W. Reardon Rule Reviewer Director Department of Transportation Certified to the Secretary of State April 16, 2012.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
