BEFORE THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 18.8.1502, 18.8.1503, and 18.8.1505, pertaining to Motor Carrier Services Safety Requirements
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On August 8, 2016, 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 the Department of Transportation no later than 5:00 p.m. on July 29, 2016, to advise us of the nature of the accommodation that you need. Please contact Dan Moore, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0454; fax (406) 444-6136; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail firstname.lastname@example.org.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
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 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through
April 1, 2013 October 21, 2015. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or on the internet at www.gpo.gov.
(2) The federal regulations incorporated by reference are subject to the following modifications:
(a) For purposes of 49 CFR part 385
as applied to intrastate carriers, the safety investigation applied to intrastate carriers will be referred to as an "intrastate safety investigation." The department will conduct An intrastate safety investigations may only be conducted in compliance with ARM 18.8.1506.
(b) 49 CFR part 387, subpart A, 387.7 and 387.9 apply to for-hire motor carriers operating in interstate or foreign commerce and motor carriers transporting hazardous material. Section 61-6-103, MCA, establishes the minimum level of financial responsibility for for-hire motor carriers transporting nonhazardous material intrastate.
(b) through (f) remain the same but are renumbered (c) through (g).
AUTH: 61-10-155, MCA
IMP: 61-10-141, 61-10-154, MCA
REASON: The department has determined that the revision is reasonably necessary to clarify the safety provisions that apply to interstate and intrastate motor carriers, and to adopt the most current Federal Motor Carrier Safety Regulations found at 49 CFR parts 373, 375, 377 through 379, 382, 383, 385, 387, 390 through 399, and Appendix G to subchapter B of chapter III, as updated through October 21, 2015.
18.8.1503 TRANSPORTATION OF HAZARDOUS MATERIALS (1) A commercial motor vehicle, motor carrier, or hazardous materials shipper 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: 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
April 1, 2013 November 1, 2015. Copies may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or on the Internet at www.gpo.gov.
AUTH: 61-10-155, MCA
IMP: 61-10-154, MCA
REASON: The department has determined that the revision is reasonably necessary to adopt the most current Federal Motor Carrier Safety Regulations found at 49 CFR parts 107, 171 through 173, 177, 178 and 180, as updated through November 1, 2015.
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 Standard Out-of-Service Criteria (April 1,
2015 2016), incorporated by reference. A copy of the North American Standard Out-of-Service Criteria may be obtained from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770-6319 or on the internet at www.cvsa.org.
(3) remains the same.
AUTH: 61-10-155, MCA
IMP: 61-10-154, MCA
REASON: The department has determined that the revision is reasonably necessary to adopt the most current Commercial Vehicle Safety Alliance (CVSA), North American Standard Out-of-Service Criteria, as updated through April 1, 2016.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Moore, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0454; fax (406) 444-6136; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail email@example.com, and must be received no later than 5:00 p.m., August 5, 2016.
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 Moore at the above address no later than 5:00 p.m., August 5, 2016.
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 4,829 persons based on the 48,297 of Montana-based registered and permitted vehicles in the 2014 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, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Valerie D. Wilson /s/ Michael T. Tooley
Valerie D. Wilson Michael T. Tooley
Rule Reviewer Director
Department of Transportation
Certified to the Secretary of State June 27, 2016.