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| Montana Administrative Register Notice 18-142 | No. 9 05/09/2013 | |
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BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On June 9, 2013, 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 30, 2013, to advise us of the nature of the accommodation that you need. Please contact Dan Kiely, Motor Carrier Services, Department of Transportation, P.O. Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; TDD 444-7696 or (800) 335-7592; or e-mail [email protected]. 3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 18.8.414 INCREASE IN WEIGHT AND/OR CHANGE OF CLASSIFICATION (1) The operator will be entitled to credit for fees already paid when an increase in weight and/or change of classification is made on an intrastate registration. No credit will be given on Interstate Registration Plan (IRP) weight increases unless done through the Helena Motor Carrier Services office on the operator's IRP account. (2) and (3) remain the same. AUTH: 61-10-155, MCA IMP: 61-10-201, REASON: The proposed rule amendment is necessary to clarify the difference between increases in weight or change of classification for intrastate registration and interstate registration (IRP), as this has caused confusion among operators in the past. The proposed amendment will clarify that when fees are calculated for an interstate registration (IRP) these fees are based on the percentage of miles travelled in each jurisdiction travelled, while an intrastate registration pays a 100% fee. The proposed amendment will also delete an outdated citation to a repealed statute. 18.8.1002 MOBILE HOME TOWING UNIT (TOTER) REQUIREMENTS (1) A mobile home towing unit (toter) shall be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA and have a wheelbase a minimum of 100 inches. AUTH: 61-10-155, MCA IMP: 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-111, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA REASON: The proposed amendment is necessary to clarify that a wide-base tire may be used for mobile home towing units. The amendment will also eliminate the Minimum GVW Rating because the requirements that are currently listed are archaic. Wide-based tires in use today already exceed the listed weights. 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 (2) remains the same. AUTH: 61-10-155, MCA IMP: 61-10-141, 61-10-154, MCA REASON: The proposed amendment is necessary to update to the most current 2013 Code of Federal Regulations and to provide the web site for acquisition of copies of the regulations. 18.8.1503 TRANSPORTATION OF HAZARDOUS MATERIALS (1) A 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 federal regulations of the U.S. Department of Transportation concerning the transportation of hazardous materials. The regulations adopted by reference are 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 1, AUTH: 61-10-155, MCA IMP: 61-10-154, MCA REASON: The proposed amendment is necessary to update to the most current 2013 Code of Federal Regulations and to provide the web site for acquisition of copies of the regulations. 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, (3) remains the same. AUTH: 61-10-155, MCA IMP: 61-10-154, MCA REASON: The proposed amendment is necessary to update to the most current CVSA North American Standard "Out-of-Service" criteria and to provide the web site for acquisition of copies of the criteria. 4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Dan Kiely, Motor Carrier Services, Department of Transportation, P.O. Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-7629; fax (406) 444-9263; or e-mail [email protected], or Jeff Steeger, Motor Carrier Services, Department of Transportation, P.O. Box 4639, Helena, Montana, 59604-4639; telephone (406) 444-4207; fax (406) 444-7681; or e-mail [email protected], and must be received no later than 5:00 p.m., June 6, 2013. 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 Kiely or Jeff Steeger at the above address no later than 5:00 p.m., June 6, 2013. 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 9,570 persons based on 95,702 permits issued in the 2012 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. /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 April 29, 2013.
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