BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.8.1501 and 18.8.1502 pertaining to Motor Carrier Services Safety Requirements

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On May 14, 2018, 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 4, 2018, to advise us of the nature of the accommodation that you need. Please contact Dennis Hult, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-9237; fax (406) 444-6136; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail dhult@mt.gov.

 

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

 

            18.8.1501 MOTOR CARRIER SAFETY DEFINITIONS (1) remains the same.

            (2) For purposes of intrastate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5 with the following clarifications:

            (a) remains the same.

            (b) "Farm vehicle" means or "covered farm vehicle" is defined in 61-1-101, MCA, and has the additional meaning of a commercial motor vehicle that is used within 150 miles of the farm and is:

            (i) controlled by a farmer and operated by the farmer or a person employed by the farmer as a private motor carrier of property including operation by employees or family members of the farmer;

            (ii) being used to transport either in:

            (A) agricultural products the transportation of the farmer's own ranch, farm, orchard, or dairy products from point of harvest to market; or

            (B) farm machinery, farm supplies, or both, to or from a farm the transportation of farm supplies, commodities, or equipment to be used on the farmer's own ranch, farm, orchard, or dairy.

            (iii) and (iv) remain the same.

            (c) "Farmer" means any person as defined in 49 CFR 390.5 who operates a farm or is directly involved in the cultivation of land, crops, or livestock which are:

            (i) owned by that person; or

            (ii) under the direct control of that person.

            (d) through (3)(a)(iv) remain the same.

 

AUTH:  61-10-155, MCA

IMP:  61-10-141, 61-10-154, MCA

 

REASON: The proposed amendment is necessary to comply with the February 5, 2018 Montana Seventh Judicial District Court Order in Norby Inc. v. MDT, declaring the previous August 19, 2017 amendments to ARM 18.8.1501 and 18.8.1502 implemented by MDT are "legally invalid." The Court further ordered the versions of ARM 18.8.1501 and 18.8.1502 prior to the August 19, 2017 amendments "have been reinstated and have full force and effect." The proposed amendments will return the rule language to its prior version.

 

            18.8.1502 FEDERAL MOTOR CARRIER SAFETY RULES AND STATE MODIFICATIONS (1) through (2)(g) remain the same.

            (h) For the purpose of 49 CFR 383.3 the commercial motor vehicle exception for operators of farm vehicles applies only to farm vehicles as defined in ARM 18.8.1501.

            (i) For the purposes of 49 CFR 390.39, a covered farm vehicle is defined in ARM 18.8.1501.

 

AUTH: 61-10-155, MCA

IMP:  61-10-141, 61-10-154, MCA

 

REASON: The proposed amendment is necessary to comply with the February 5, 2018 Montana Seventh Judicial District Court Order in Norby Inc. v. MDT, declaring the previous August 19, 2017 amendments to ARM 18.8.1501 and 18.8.1502 implemented by MDT are "legally invalid." The Court further ordered the versions of ARM 18.8.1501 and 18.8.1502 prior to the August 19, 2017 amendments "have been reinstated and have full force and effect." The proposed amendments will return the rule language to its prior version.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Dennis Hult, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-9237; fax (406) 444-6136; TTY Service (406) 444-7696 or (800) 335-7592; or e-mail dhult@mt.gov, and must be received no later than 5:00 p.m., May 11, 2018.

 

5. If persons who are directly affected by the proposed actions 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 Dennis Hult at the above address no later than 5:00 p.m., May 11, 2018.

 

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 745 persons based upon the 7,454 currently registered farm vehicles in Montana.

 

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 paragraph 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 on the Department of Transportation website at www.mdt.mt.gov.

 

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.

 

11. With regard to the requirements of 2-15-142, MCA, the department has determined that the amendment of the above-referenced rules will not have direct tribal implications.

 

 

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

Carol Grell Morris                                        Michael T. Tooley

Rule Reviewer                                             Director

                                                                    Department of Transportation

 

Certified to the Secretary of State April 3, 2018.