Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 18.8.202, 18.8.415, 18.8.1502, 18.8.1503, and 18.8.1505 pertaining to Motor Carrier Services

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On May 31, 2024, at 10:00 a.m., the Department of Transportation (department) will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rules.

Please use the following link to join by Zoom:

https://mt-gov.zoom.us/j/89204404674?pwd=NEh6SXI4K0NZUUxOUlFQc‌WhyU3JPQT09

Meeting ID: 892 0440 4674

Password: 243876

2. The department 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 no later than 5:00 p.m. on May 24, 2024, to advise us of the nature of the accommodation that needed. Please contact Aliselina Strong, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-0806; fax (406) 444-9415; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected].

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

18.8.202 MOTOR CARRIERS OPERATING INTERSTATE (1) and (2) remain the same.

(3) By reference, the department adopts the rules established by the UCR Board in accordance with 49 USC 14504a ~~(2009)~~, a copy of which may be found at the offices of the Montana Department of Transportation, Motor Carrier Services Division, 2701 Prospect, P.O. Box 4639, Helena, MT 59620-4639.

(4) and (5) remain the same.

AUTH: 61-3-710, 61-10-155, MCA

IMP: 61-3-708, 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, MCA

REASON: The proposed revisions are necessary to correct citations to repealed references.

18.8.415 MONTHLY - QUARTERLY G.V.W. FEES (1) The quarter fee shall be one-fourth of the fee set forth in 61-10-201 ~~and 61-10-203~~, MCA, if the gross weight exceeds 24,000 pounds. For purposes of (1) through (4) ~~of this rule~~, a quarter shall be any consecutive three-month period.

(2) through (6) remain the same.

AUTH: 61-10-155, MCA

IMP: 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, 61-10-209, MCA

REASON: The proposed revision is necessary to remove a reference to a repealed citation.

18.8.1502 FEDERAL MOTOR CARRIER SAFETY RULES AND STATE MODIFICATIONS (1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 386 subpart F – Injunctions and Imminent Hazards, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through ~~April 12, 2023~~ April 25, 2024. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(2) remains the same.

AUTH: 61-10-155, MCA

IMP: 61-10-141, 61-10-154, MCA

REASON: The proposed amendment is necessary to adopt any federal motor carrier safety regulations adopted, amended, or repealed, by the Federal Motor Carrier Safety Administration between April 12, 2023 and April 25, 2024, thereby ensuring MDT's administrative rule associated with commercial vehicle safety substantially complies with the federal motor carrier safety regulations as listed in 61-10-154, MCA. The changes may be viewed at https://bit.ly/4aymCQe.

18.8.1503 TRANSPORTATION OF HAZARDOUS MATERIALS (1) A commercial motor vehicle, motor carrier, or hazardous materials shipper shall comply with and the department adopts by reference the following federal regulations of the U.S. Department of Transportation concerning the transportation of hazardous materials: 49 CFR part 107, 49 CFR part 171, 49 CFR part 172, 49 CFR part 173, 49 CFR part 177, 49 CFR part 178, and 49 CFR part 180. The regulations adopted may be found in the Code of Federal Regulations, Title 49, chapter I, subchapters B and C, as updated through ~~April 12, 2023~~ April 25, 2024. Copies may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

AUTH: 61-10-155, MCA

IMP: 61-10-154, MCA

REASON: The proposed amendment is necessary to adopt any federal motor carrier safety regulations adopted, amended, or repealed, by the Federal Motor Carrier Safety Administration between April 12, 2023 and April 25, 2024, thereby ensuring MDT's administrative rule associated with transportation of hazardous materials substantially complies with the federal hazardous materials regulations as listed in 61-10-154, MCA.

18.8.1505 SAFETY INSPECTION PROGRAM: PURPOSE AND OUT-OF-SERVICE CRITERIA (1) remains the same.

(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, ~~2023~~ 2024), 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 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 2024 changes to the CVSA may be viewed at https://www.cvsa.org/news/2024-oosc-handbook/.

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Aliselina Strong, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620; telephone (406) 444-0806; fax (406) 444-9415; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected], no later than June 7, 2024.

5. A representative of the department has been designated to preside over and conduct this hearing.

6. 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 or may be made by completing a request form at any rules hearing held by the department.

7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

9. 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.

10. 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/ Valerie A. Balukas /s/ Christian Nygren

Valerie A. Balukas Christian Nygren

Rule Reviewer Chief Legal Counsel

Department of Transportation

Certified to the Secretary of State April 30, 2024.