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| Montana Administrative Register Notice 18-161 | No. 19 10/14/2016 | |
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BEFORE THE Department of TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On August 5, 2016, the Department of Transportation published MAR Notice No. 18-161 pertaining to the proposed adoption, transfer and amendment, transfer, and repeal of the above-stated rules at page 1317 of the 2016 Montana Administrative Register, Issue Number 15.
2. The department has adopted New Rules I through V as proposed. New Rule I is adopted as ARM 18.15.101, New Rule II is adopted as ARM 18.15.117, New Rule III is adopted as ARM 18.15.108, New Rule IV is adopted as ARM 18.15.109, and New Rule V is adopted as ARM 18.15.110.
3. The department has amended and transferred the following rules as proposed:
OLD NEW 18.9.101 18.15.201 DETERMINATION OF WHEN GASOLINE, SPECIAL FUEL, OR AVIATION FUEL DISTRIBUTED 18.9.102 18.15.202 DISTRIBUTOR'S BOND 18.9.103 18.15.203 DISTRIBUTOR'S STATEMENTS 18.9.104 18.15.204 DISTRIBUTOR'S RECORDS 18.9.105 18.15.205 DISTRIBUTOR'S INVOICE 18.9.108 18.15.210 WHOLESALE DISTRIBUTOR 18.9.109 18.15.211 WHOLESALE DISTRIBUTOR'S OBLIGATIONS 18.9.111 18.15.217 ETHANOL-BLENDED GASOLINE BLENDERS 18.9.116 18.15.225 INCIDENCE OF THE FUEL TAX 18.9.117 18.15.226 DISTRIBUTOR – SUPPORTING DOCUMENTATION FOR BAD DEBT CREDIT 18.9.118 18.15.227 PREPAYMENT OF MOTOR FUEL TAXES 18.9.201 18.15.301 INTRASTATE FUEL DELIVERIES 18.9.202 18.15.302 EXPORT DELIVERIES 18.9.203 18.15.303 IMPORT DELIVERIES 18.9.204 18.15.304 BLENDING STOCKS 18.9.205 18.15.305 EXEMPTION - U.S. AND OTHER STATES 18.9.302 18.15.401 SELLER'S INVOICE 18.9.303 18.15.402 FILING INVOICES 18.9.306 18.15.408 REFUND PERCENTAGES FOR PTO OR AUXILIARY ENGINES 18.9.311 18.15.409 LOST OR DESTROYED GASOLINE, SPECIAL FUEL, OR AVIATION FUEL 18.9.312 18.15.410 GASOLINE, SPECIAL FUEL, OR AVIATION FUEL LOST FROM STORAGE 18.9.321 18.15.411 PROCESSING CLAIMS FOR REFUNDS 18.9.326 18.15.412 AGRICULTURAL USE FUEL TAX REFUND 18.9.401 18.15.218 TREATMENT OF ETHANOL-BLENDED GASOLINE 18.9.403 18.15.219 ETHANOL CONTENT 18.9.501 18.15.701 ETHANOL DISTRIBUTORS 18.9.703 18.15.103 PAYMENT APPLICATION 18.9.705 18.15.111 LATE FILE AND PAY PENALTIES WHEN FILING ELECTRONICALLY 18.10.103 18.15.118 DETERMINATION OF PUBLIC ROADS AND HIGHWAYS 18.10.104 18.15.119 LIABILITY FOR USE ON GOVERNMENT MAINTAINED ROADS 18.10.105 18.15.120 WHAT CONSTITUTES SPECIAL FUEL 18.10.108 18.15.501 ESTIMATE OF DIESEL POWERED VEHICLES SUPPLY TANKS 18.10.110 18.15.502 OFF-HIGHWAY VEHICLE/EQUIPMENT 18.10.111 18.15.503 DYED SPECIAL FUEL ALLOWANCE 18.10.112 18.15.504 DYED SPECIAL FUEL 18.10.121 18.15.602 QUARTERLY REPORTS - TAX PAYMENT 18.10.124 18.15.603 IFTA LICENSE BOND REQUIREMENT 18.10.125 18.15.604 IFTA REINSTATEMENT FEE 18.10.313 18.15.610 TERMINATION OF AN IFTA LICENSE 18.10.314 18.15.611 CONFISCATION OF CERTAIN LICENSE COPIES 18.10.324 18.15.612 FAILURE TO MAINTAIN RECORDS 18.10.406 18.15.418 CARDTROL COMPLIANCE AND ADMINISTRATION 18.10.407 18.15.419 STATEMENT FOR KEYLOCK CARDTROL REPORTING 18.11.102 18.15.126 SEIZING IMPROPERLY IMPORTED FUELS 18.11.103 18.15.127 NOTIFICATION OF SEIZURE OF FUEL 18.11.104 18.15.128 CONDUCT OF HEARING FOR CLAIM OR TITLE TO SEIZED FUEL 18.11.105 18.15.129 DETERMINATION OF WHOLESALE PRICE OF FUEL 18.11.106 18.15.130 CONTRACTING FOR PURCHASE OF SEIZED FUEL
4. The department has transferred the following rules as proposed:
OLD NEW 18.9.603 18.15.702 PROCESSING OF THE TAX INCENTIVE PAYMENT 18.9.606 18.15.710 QUARTERLY REPORTS 18.9.607 18.15.711 CANCELLATION OR DENIAL OF LICENSE 18.9.608 18.15.712 USE OF MONTANA PRODUCTS 18.9.701 18.15.102 WAIVER OF MOTOR FUEL PENALTIES 18.10.106 18.15.601 IFTA AGREEMENT 18.10.503 18.15.801 CNG AND LPG DEALER LICENSE 18.10.504 18.15.802 QUARTERLY TAX RETURNS 18.10.505 18.15.803 DEALER RECORDS – AUDIT 18.10.506 18.15.804 DEALER INVOICES 18.10.507 18.15.805 CNG OR LPG DEALER'S BOND
5. The department has repealed the following rules as proposed:
18.9.112 DEFINITIONS 18.9.325 DEFINITIONS 18.9.402 AGRICULTURAL PRODUCTS 18.9.601 INTENT 18.9.602 DEFINITIONS 18.9.704 DEFINITIONS 18.10.107 DEFINITIONS 18.10.201 CERTAIN FEDERALLY OWNED ROADS 18.10.202 OFF-ROAD USAGE 18.10.301 PERMIT REQUIRED 18.10.302 PERMIT DETAILS 18.10.321 REQUIRED RECORDS – AUDITS 18.10.322 RECORDS WHEN BULK STORAGE INVOLVED 18.10.323 TRIP AND FUEL CONSUMPTION RECORDS 18.10.404 SELLER INVOICES 18.11.101 DEFINITIONS
6. The department received one comment. A summary of the comment received and the department's response is as follows:
COMMENT #1: One comment was received stating the proposed rules accurately reflect the intent of HB 60 and HB 99 that were passed by the 2015 Legislature. The comment stated the combining of the previously separate chapters on gasoline license tax and special fuel tax provides for consistency and simplifies the use of the statutes.
RESPONSE #1: The department acknowledges receipt of the comment in support and appreciates all public participation in the rulemaking process.
/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 October 3, 2016.
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