HomeMy WebLinkAbout970916.docxDECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
DAVID SCHUNKE
RON LAW
DAVID SCOTT
WORKING FILE
FROM:BRAD PURDY
DATE:SEPTEMBER 16, 1997
RE:CASE NO. 31-6101-9701
NOTICE OF PROPOSED RULEMAKING PROMULGATING NEW AND AMENDING EXISTING MOTOR CARRIER RULES (IDAPA 31.61.01.000)
On June 26, 1997, the Idaho Public Utilities Commission issued a Notice of Proposed Rulemaking in Case No. 31-6101-9701 proposing to promulgate new and amend the Commission’s existing Motor Carrier Rules (IDAPA 31.61.01.000). Generally, these rules eliminate existing rules pertaining rates, routes and services provided by all motor carriers in light of the federal preemption in this area. In addition, the Notice proposed to remove all rules and portions of rules pertaining to safety fitness ratings recently suspended by the Commission in light of a federal court ruling. Finally, the Notice proposes to make several “housekeeping” changes to eliminate redundancy and streamline the Motor Carrier Rules.
Pursuant to the Administrative Procedures Act, the Commission’s Notice was published in the Administrative Bulletin on August 6, 1997. See Vol. No. 97-8 at page 189. The comment deadline for the Commission’s Notice of Proposed Rulemaking has expired. Timely comments were filed by the State of Idaho, Department of Law Enforcement. The Department notes that the Office of Motor Carriers published a Notice of Proposed Rulemaking and an Interim Final Rule regarding the safety fitness procedure and safety ratings on May 28, 1997 allowing the use of the procedure for carriers of hazardous materials and passengers. Comment period for both closed on July 28 and final rule is expected to be in place by November 28, 1997. The methodology described in these publications is essentially the one that has been in use for some time. It is the Department’s preference that Idaho’s temporary suspension be kept in place until the final federal rule is published. If that approach is not possible, the Department urges that the Commission act as soon as possible thereafter to adopt the final federal rule so that the rating of motor carriers can be reinstituted.
Staff notes that, under the guidelines in place for the promulgation and amendment of rules by state agencies, it would not be possible to adopt the new federal rule in time for the upcoming legislative session. In any event, Staff believes that it would not be wise to adopt the new federal rule until the Commission has had the opportunity to review it.
COMMISSION DECISION:
Does the Commission wish to adopt the proposed rules as its final rules pending legislative review by the 1998 Legislature?
Brad M. Purdy
bls/M-61019701.bp