BEFORE THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On July 10, 2014, the Department of Transportation published MAR Notice No. 18-148 pertaining to the proposed repeal of the above-stated rules at page 1465 of the 2014 Montana Administrative Register, Issue Number 13.
2. The department has repealed the above-stated rules as proposed.
3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:
One comment was received stating agreement that parts of the Motor Vehicle Recycling and Disposal statutes (Title 75, chapter 10, part 5, MCA) are duplicated in the Junkyard regulation statutes (Title 75, chapter 15, part 2, MCA). The comment stated the department should not repeal the entire Junkyard statutes, as the statutes could still be used to clean up activities that are not related to motor vehicles.
The department acknowledges receipt of the comment in support of its statement of reasonable necessity which noted the junkyard rules proposed for repeal were duplicative of the Motor Vehicle Recycling and Disposal program. The department further notes that the Junkyard statutes found at Title 75, chapter 15, part 2, MCA, may only be repealed by the Montana Legislature, and not the department.
/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 August 25, 2014.