BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 18.6.101, 18.6.102, 18.6.103, 18.6.111, 18.6.121, 18.6.131, 18.6.141, 18.6.151 pertaining to junkyard regulations

) ) ) )

NOTICE OF REPEAL

 

TO: All Concerned Persons

 

1. On July 10, 2014, the Department of Transportation published MAR Notice No. 18-148 pertaining to the proposed repeal of the above-stated rules at page 1465 of the 2014 Montana Administrative Register, Issue Number 13.

 

          2. The department has repealed the above-stated rules as proposed.

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:

 

One comment was received stating agreement that parts of the Motor Vehicle Recycling and Disposal statutes (Title 75, chapter 10, part 5, MCA) are duplicated in the Junkyard regulation statutes (Title 75, chapter 15, part 2, MCA). The comment stated the department should not repeal the entire Junkyard statutes, as the statutes could still be used to clean up activities that are not related to motor vehicles.

 

RESPONSE #1:

 

The department acknowledges receipt of the comment in support of its statement of reasonable necessity which noted the junkyard rules proposed for repeal were duplicative of the Motor Vehicle Recycling and Disposal program. The department further notes that the Junkyard statutes found at Title 75, chapter 15, part 2, MCA, may only be repealed by the Montana Legislature, and not the department.

 

/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 August 25, 2014.