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| Montana Administrative Register Notice 18-176 | No. 14 07/26/2019 | |
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BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons:
1. On August 26, 2019, the Department of Transportation proposes to adopt, amend, and 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 the Department of Transportation no later than 5:00 p.m. on August 16, 2019, to advise us of the nature of the accommodation that you need. Please contact Duane Williams, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7312; fax (406) 444-6136; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected].
3. The rule as proposed to be adopted provides as follows:
NEW RULE I WINTERTIME AND DURATIONAL PERMITS (1) The department may issue a wintertime or durational permit between the period December 1 and the following March 7 authorizing the applicant to operate a vehicle, combination of vehicles, load or object exceeding by up to 10% the maximum weight limits specified in 61-10-106 through 61-10-110, MCA. (2) A wintertime permit may be issued under the following conditions: (a) the nonrefundable fee is $50 for each vehicle; (b) a permit may only be issued during the period December 1 to the following March 7; and (c) a permit is valid for 30 days, or until March 7, whichever is earlier, subject to (4). (3) A durational permit may be issued under the following conditions: (a) the nonrefundable fee is $150 for each vehicle; (b) a permit may only be issued during the period December 1 to the following March 7; and (c) a permit is valid for the entire period between December 1 or date of issuance and the following March 7, subject to (4). (4) Wintertime and durational permits for divisible loads under 61-10-125 MCA are subject to the following restrictions: (a) a permit is not eligible for travel on the interstate system; (b) a permit must not be used to increase any overweight or tolerance permit; (c) a permit may be modified statewide at the department's discretion due to temperatures during the dates of December 1 to the following March 7. The permittee must check the department's or associated county's website for updated restrictions; and (d) a permit may restrict a bridge or bridges from the weights of a permit at the department's discretion.
AUTH: 61-10-155, MCA IMP: 61-10-125, MCA
REASON: The 2019 Legislature enacted Chapter 326, Laws of 2019 (Senate Bill 317), an Act Creating a Wintertime 10% Overweight Permit and Durational Permit. The bill creates two new 10% overweight permits, with required fees, to be effective December 1 through the following March 7. The bill had an immediate effective date. The department is proposing to adopt New Rule I to conform to the new legislative changes and implement the bill creating the two new overweight permits.
The proposed fee increase will impact approximately 2000 wintertime (30 day) permit applicants and 250 durational permit applicants based on estimated permit applications for SFY 2020, resulting in a revenue increase of approximately $137,500 annually.
4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
18.8.101 DEFINITIONS The following definitions shall apply throughout this chapter. (1) through (11) remain the same. (12) "Mobile or manufactured home" is defined in 61-1-101, MCA, and has the additional meaning in this chapter as any building hauled on a frame or with multiple single tire axles or multiple permanently mounted single tire axles. A load transported on a flatbed trailer is not considered a mobile or manufactured home. (12) through (19) remain the same but are renumbered (13) through (20).
AUTH: 61-3-710, 61-10-155, MCA IMP: 61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-201, MCA
REASON: The proposed amendment is necessary to clarify the definition of mobile and manufactured home for the purposes of Title 61, chapter 10, MCA, and the administrative rules implementing that chapter. The current statutory definition creates confusion for MCS officers and delays for carriers as to the definition's application to the vehicle or trailer itself.
18.8.431 MAXIMUM ALLOWABLE WEIGHT (1) remains the same. (2) Maximum allowable weights allowed for vehicle combinations hauling divisible loads on highways cannot exceed a gross vehicle weight and single or tandem weights as described in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained at www.gpo.gov. (4) A department weight analysis of the highway infrastructure will determine the maximum gross weight and axle weights allowed on applicable non-interstate highways. Based on this analysis, the maximum gross weight and axle weights may be less than those allowed in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained at www.gpo.gov. (5) If periodic, subsequent analyses of any portion of the applicable non-interstate highways indicate unanticipated deterioration of the infrastructure, lower axle weights and gross weight may be required at the department's discretion. (6) Lower weights for non-interstate highways may be required during periods of seasonal deterioration as authorized in 61-10-108, MCA. (7) Permits may be issued for the weights in 23 CFR 658, appendix C, April 1, 2015 edition, for the same permit types and under the same fee schedule provided in 61-10-125, MCA and ARM Title 18, chapter 8, subchapter 6. Copies of the CFR regulations may be obtained at www.gpo.gov. (8) The maximum allowable weight for a mobile home for licensing purposes is the bridge formula in 61-10-107, MCA. A mobile home with any additional weight must obtain an excess axle weight permit as per 61-10-125, MCA.
AUTH: 61-10-155, MCA IMP: 61-10-107, 61-10-108, 61-10-121, 61-10-125, MCA
REASON: The proposed amendment is necessary to combine ARM 18.8.431 and 18.8.432 to simplify the maximum weight rules for ease of use by both carriers and MCS officers. Proposed (1) through (7) contain no substantive amendments to current maximum allowable weight rules, but simply combine two existing rules for interstate and non-interstate highways and update CFR citations to the most current edition. Proposed (8) is necessary to clarify mobile home licensing maximum allowable weight.
5. The department proposes to repeal the following rule:
18.8.432 MAXIMUM ALLOWABLE WEIGHT ON THE NONINTERSTATE
AUTH: 61-10-155, MCA IMP: 61-10-107, 61-10-108, 61-10-121, 61-10-125, MCA
REASON: The proposed rule repeal is necessary to combine language for maximum allowable weight specifically on non-interstate highways under ARM 18.8.432 with general maximum allowable weight requirements to be found in proposed amendments to ARM 18.8.431.
6. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Duane Williams, Department of Transportation, Motor Carrier Services Division, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-7312; fax (406) 444-6136; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected], and must be received no later than 5:00 p.m., August 23, 2019.
7. 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 Duane Williams at the above address no later than 5:00 p.m., August 23, 2019.
8. 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 740 persons based on the current 7401 active USDOT accounts based in Montana.
9. 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 6 above or may be made by completing a request form at any rules hearing held by the department.
10. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.
11. The bill sponsor contact requirements of 2-4-302, MCA apply and have been fulfilled. The primary bill sponsor was contacted by email and U.S. mail on June 24, 2019.
12. With regard to the requirements of 2-4-111, MCA, the department has determined the proposed adoption, amendment, and repeal of the above-referenced rules will not significantly and directly impact small businesses.
13. With regard to the requirements of 2-15-142, MCA, the department has determined that the adoption, amendment, and repeal of the above-referenced rules will not have direct tribal implications.
/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 July 16, 2019. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
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