Montana Administrative Register Notice 18-156 No. 15   08/13/2015    
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In the matter of the amendment of ARM 18.8.1505, pertaining to Motor Carrier Services out-of-service criteria









TO: All Concerned Persons


1. On September 14, 2015, the Department of Transportation proposes to amend the above-stated rule.


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 September 3, 2015, 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 dmoore@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



(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, 2014 2015), 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 proposed amendment is necessary to adopt the most current Commercial Vehicle Safety Alliance (CVSA) North American Uniform "Out-of-Service" criteria. The CVSA North American out-of-service criteria is a standard used by all CVSA-certified safety inspectors in the U.S., Canada, and Mexico to inspect commercial vehicles and drivers.


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 dmoore@mt.gov, and must be received no later than 5:00 p.m., September 10, 2015.


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., September 10, 2015.


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 483 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 rule 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 August 3, 2015.



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