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| Montana Administrative Register Notice 18-198 | No. 11 06/07/2024 | |
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BEFORE THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On June 28, 2024, at 10:00 a.m., the Department of Transportation will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rules. Interested parties may access the remote conferencing platform in the following way:
Join Zoom Meeting https://mt-gov.zoom.us/j/88907053557?pwd=enlZa3ppRTUrekJ4UE1ZSFZEMGRHUT09
Meeting ID: 889 0705 3557 Password: 419944
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 June 21, 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, 59620-1001; telephone (406) 444-9415; fax (406) 444-7643; 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:
18.6.301 DEFINITIONS (1) through (11) remain the same. (12) "Railroad" means a railroad as defined in 61-1-101 (13) remains the same.
AUTH:
REASON: The proposed revision to the definition of "railroad" in (12) is necessary to correct the citations to repealed statutory references. The deletion of "traffic control device" in (14) is necessary because the Manual on Uniform Traffic Control Devices adopted by 61-8-202, MCA renders the definition obsolete.
18.6.420 TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) – GENERAL (1) through (3) remain the same. (5) and (6) remain the same but are renumbered (4) and (5).
AUTH: 60-5-503, MCA IMP: 60-5-519, 60-5-520, 60-5-521, MCA
REASON: The proposed amendment is necessary to bring the rule language into compliance with the Federal Highway Administration Manual on Uniform Traffic Control Devices for TODS signs as well as the Montana Motorist Information Sign Program statutes found at Title 60, chapter 5, part 5, MCA.
18.7.204 OCCUPANCY OF FULL CONTROLLED-ACCESS FACILITY RIGHT-OF-WAY (1) and (1)(a) remain the same. (b) the accommodation will not adversely affect the safety, design, construction, operation, maintenance, or stability of the full controlled-access facility
(2) and (3) remain the same.
IMP: 60-3-101, 60-4-402, 60-4-601, MCA
REASON: The proposed amendment is necessary to reflect changes to the department's processes related to broadband and interstate occupancy right-of-way use agreements which will allow facilities to access interstate right-of-way from the traffic roadways.
18.7.227 UNDERGROUND CROSSINGS BY NEW COMMUNICATION AND ELECTRIC POWER FACILITIES (1) Underground facilities shall be buried not less than (2) through (5) remain the same. (6) Fiber optic cable crossings are to be buried a uniform, minimum depth of
REASON: The proposed revision is necessary to remove references to metric measurements. MDT no longer utilizes the metric system; rather it uses the imperial system for measurements. Removing metric references will help reduce confusion and risk of error.
18.7.231 GENERAL CONSIDERATIONS (1) The following general considerations shall apply to occupancy of highway right-of-way by utility facilities covered by ARM (a) through (q) remain the same.
REASON: The proposed amendment is necessary to remove references to repealed citations.
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, 59620-1001; (406) 444-9415; fax (406) 444-7643; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail [email protected], no later than July 5, 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. Written requests 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.
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. The special notice requirements of 2-4-303, MCA, have been fulfilled. On May 22, 2024, written contact with Transportation Interim Committee staff members was made by email.
10. 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.
11. 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/ Lawrence Flynn Valerie A. Balukas Lawrence Flynn Rule Reviewer Deputy Director Department of Transportation
Certified to the Secretary of State May 28, 2024.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
