Montana Administrative Register Notice 18-148 No. 13   07/10/2014    
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In the matter of the repeal of ARM 18.6.101, 18.6.102, 18.6.103, 18.6.111, 18.6.121, 18.6.131, 18.6.141, 18.6.151 pertaining to junkyard regulations









TO: All Concerned Persons


1. On August 10, 2014, 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 an accommodation, contact Department of Transportation no later than 5:00 p.m. on July 31, 2014, to advise us of the nature of the accommodation that you need. Please contact Robert Stapley, Department of Transportation, Right-of-Way Bureau, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-6063; fax (406) 444-7254; TTY (406) 444-7696 or 800-335-7592; or e-mail rostapley@mt.gov.


3. The department proposes to repeal the following rules:


            18.6.101 GENERAL POLICY


            AUTH:  75-15-204, 75-15-222, MCA

            IMP:  75-15-204, 75-15-222, MCA


            18.6.102 DEFINITIONS


            AUTH: 75-15-204, 75-15-222, MCA

            IMP: 75-15-204, 75-15-222, MCA


            18.6.103 BASIC PROVISIONS


            AUTH: 75-15-214, MCA

            IMP: 75-15-214, MCA


            18.6.111 NEW JUNKYARDS


            AUTH: 75-15-214, 75-15-222, MCA

            IMP: 75-15-214, 75-15-222, MCA


            18.6.121 EXISTING JUNKYARDS


            AUTH: 75-15-204, 75-15-222, MCA

            IMP: 75-15-204, 75-15-222, MCA


            18.6.131 LICENSES


            AUTH: 75-15-214, MCA

            IMP: 75-15-214, MCA


            18.6.141 FENCING AND/OR SCREENING


            AUTH: 75-15-222, MCA

            IMP: 75-15-222, MCA


            18.6.151 ENFORCEMENT


            AUTH: 75-15-204, 75-15-205, 75-15-222, MCA

            IMP: 75-15-204, 75-15-205, 75-15-222, MCA


REASON: The proposed rule repeal is necessary because the Montana Department of Transportation's biennial rule review identified this subchapter as archaic and no longer in use. The rules are duplicative of junkyard programs which already exist under Title 75, chapter 10, part 2 and Title 75, chapter 10, part 5, MCA, and local government regulation by cities and counties. Those existing programs meet the federal requirement, found at 23 CFR Section 751, for junkyard control.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Robert Stapley, Department of Transportation, Right-of-Way Bureau, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-6063; fax (406) 444-7254; TTY (406) 444-7696 or 800-335-7592; or e-mail rostapley@mt.gov, and must be received no later than 5:00 p.m., August 7, 2014.


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 Robert Stapley at the above address no later than 5:00 p.m., August 7, 2014.


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 129 incorporated cities and 56 counties.


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. An Administrative Rules Notice Interested Person's List request form is located at the Department of Transportation's web site at the following address:  http://www.mdt.mt.gov/publications/docs/forms/mdt-leg-003_interested-persons-list.pdf.


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 repeal of the above-referenced rules will not significantly and directly impact small businesses.



/s/ Carol Grell Morris                                    /s/ Michael T. Tooley                       

Carol Grell Morris                                         Michael T. Tooley

Rule Reviewer                                              Director

                                                                   Department of Transportation


Certified to the Secretary of State June 30, 2014.



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