GEN193.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDMENT TO MOTOR CARRIER RULE 51, IDAPA 31.61.01.051.
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CASE NO. 31-6101-9502
ADOPTION OF FINAL RULES
GENERAL ORDER NO.  193
In this General Order the Commission adopts amendments to its Motor Carrier Rule 51, IDAPA 31.61.01.051.  On April 27, 1995, the Commission issued a Notice of Temporary and Proposed Rulemaking to amend Rule 51 to reduce the per-vehicle registration fee for interstate motor carriers.  Rule 51 required interstate or foreign motor carriers to register with the Commission by paying a fee of $2.00 per vehicle to the Commission or to the regulatory authority of another state for remittance to the Commission.  By its proposed amendment to Rule 51, the Commission reduced the per-vehicle fee from $2.00 to $1.00.
The proposed rule also contained a technical amendment to Rule 51 to mirror the change to Idaho Code § 61-802B, which removed a requirement that an interstate carrier file an affidavit that it is exempt from Interstate Commerce Commission regulation and instead authorizes a carrier merely to certify that it is exempt.  A technical amendment to Rule 51 makes the rule consistent with the statute.  
The Notice of Temporary and Proposed Rulemaking was filed in the June 7, 1995 Administrative Bulletin and the temporary rule to reduce the per-vehicle fee was effective July 1, 1995.  The comment deadline for the proposed rule changes was June 28, 1995.  No comments were received during the comment period.  The Commission adopts the proposed amendments to Motor Carrier Rule 51 as its final rules.
Appendix A to this Order is a Notice of Final Rule suitable for transmission to the Administrative Rules Coordinator.  The final rule is shown in “legislative” format in Appendix B, and in “clean” format in Appendix C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Commission has jurisdiction over motor carriers providing transportation services pursuant to the Idaho Motor Carrier Act, Idaho Code Title 61. The Commission is authorized pursuant to Idaho Code § 61-807 to prescribe rules and regulations to implement the Idaho Motor Carrier Act.
The Commission finds that the amendments to Motor Carrier Rule 51 as proposed, are just and reasonable.  We conclude that it is in the public interest for the Commission to adopt the proposed amendments as final rules.

GENERAL ORDER
IT IS HEREBY ORDERED that the proposed amendments to the Commission’s Motor Carrier Rule 51, IDAPA 31.61.01.051, are adopted.  We adopt the amendments as originally published in the Idaho Administrative Bulletin, Volume 95-6, dated June 7, 1995.    
IT IS FURTHER ORDERED that these amendments to our Motor Carrier Rules shall become effective, pursuant to Idaho law, upon approval by the Idaho Legislature at its next regular session.
THIS IS A FINAL ORDER.  Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. 31-6101-9502 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. 31-6101-9502.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
ADOPTED by General Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of January 1996.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O-R051.ws
NOTICE OF FINAL RULE
DOCKET NO. 31-6101-9502
IDAHO PUBLIC UTILITIES COMMISSION
IPUC MOTOR CARRIER RULE 51, IDAPA 31.61.01.051
EFFECTIVE DATE:These rules are effective upon approval of the Idaho Legislature at its next regular session.
AUTHORITY:In compliance with Section 67-5224, Idaho Code, notice is hereby given that this agency has adopted a final rule.  The action is authorized pursuant to Idaho Code 61-807 and 61-812.
DESCRIPTIVE SUMMARY:The following is a concise explanatory statement of the reasons for adopting the final rules and a statement of any change between the text of the proposed rules and text of the final rule with an explanation of the reasons for any changes.
The proposed changes to Rule 51 implement the provisions of a governing statute, Idaho Code § 61-
802B, and confer a benefit by reducing a fee.  Currently Rule 51 requires interstate or foreign carriers to register with the Commission by paying a fee of $2 per vehicle to the Commission or to the regulatory authority of another state for remittance to the Commission.  The Commission proposes to reduce the per vehicle fee from $2 to $1 as authorized by Idaho Code § 61-812(b).
Also, a technical amendment to Rule 51 mirrors a change to Idaho Code § 61-802B enacted by the 1995 Legislature in House Bill No. 42.  The amendment to Section 61-802B removed a requirement that an interstate carrier file an affidavit of exemption from Interstate Commerce Commission (ICC) regulation with the Commission, and instead authorizes a carrier merely to certify that it is exempt from ICC regulation.  The technical amendment to Rule 51 makes the rule consistent with the statute to allow an interstate carrier to certify that it is exempt from ICC regulation.
There are no changes between the text of the proposed rule and the final rule.
ASSISTANCE ON TECHNICAL QUESTIONS:Weldon B. Stutzman, at [phone].
DATED this                  day of January 1996.
Agency Contact: Weldon B. Stutzman
address: PO Box 83720, Boise, ID  83720-0074
phone/fax number [phone]/334-3762
051.INTERSTATE AND FOREIGN COMMERCE (Rule 51).(7-1-93)
01.Applicability of Rules.  The following rules apply to motor carriers when engaged in interstate or foreign commerce in Idaho:(7-1-93)
MCR 17.CONTROLLED SUBSTANCE TESTING;(7-1-93)
MCR 18.TRANSPORTATION OF HAZARDOUS MATERIALS, SUBSTANCES, AND WASTES;(7-1-93)
MCR 19.MOTOR VEHICLE SAFETY REQUIREMENTS; and(7-1-93)
MCR 37.SMOKING PROHIBITED IN CERTAIN PASSENGER VEHICLES.
(7-1-93)
02.Annual Interstate Registration.  It is unlawful for any interstate or foreign carrier with ICC authority to operate upon the highways of Idaho without first registering with the Commission or with the regulatory authority of another State its o­perating authority granted by the Interstate Commerce Commission or an affidavit of exemption.  It is unlawful for any exempt or private interstate or foreign carrier to operate on the highways of Idaho without first registeringcertifyingwithto the Commission an affidavit of exemptionthat it is exempt from ICC regulation.  For calendar year 1993 registration is granted annually upon application, without hearing, upon payment of the annual registration fees in the amounts prescribed in section 61-812, Idaho Code.  For calendar years 19945 and beyond, registration will be granted by payment of a fee of two dollars ($2.00) per vehicle, and for calendar year 1996 and beyond by payment of a fee of one dollar ($1.00) per vehicle, paid to this Commission or to the regulatory authority of another State for remittance to this Commission.  This registration of a carrier with ICC authority will be revoked by the Commission upon revocation of the operating autho­rity by the Interstate Commerce Commission.  A renewal of registration for a given calendar year will be considered a renewal of a currently effective registration if it is received at any time during the calendar year immediately following a calendar year in which the carrier was registered as an initial registration or a renewal of annual registration.(7-1-93)(        )
03.Adoption of Federal Regulations.  49 C.F.R. Part 1023 is hereby adopted by reference.  For registration after calendar year 1994 and beyond, interstate and foreign carriers may register with Idaho or another State as provided under section 4005 of Public Law 102-204, 49 U.S.C. 11506, and 49 C.F.R. Part 1023.(7-1-94)
04.Version of Federal Regulations Adopted.  The federal regulations adopted by reference in this MCR 51 are those contained in the compilation of 49 C.F.R. Part 1023, published in the Federal Register of May 18, 1993, 58 Fed.Reg. 28932-28935, and as subsequently compiled and recompiled.(7-1-93)
051.INTERSTATE AND FOREIGN COMMERCE (Rule 51).(7-1-93)
01.Applicability of Rules.  The following rules apply to motor carriers when engaged in interstate or foreign commerce in Idaho:(7-1-93)
MCR 17.CONTROLLED SUBSTANCE TESTING;(7-1-93)
MCR 18.TRANSPORTATION OF HAZARDOUS MATERIALS, SUBSTANCES, AND WASTES;(7-1-93)
MCR 19.MOTOR VEHICLE SAFETY REQUIREMENTS; and(7-1-93)
MCR 37.SMOKING PROHIBITED IN CERTAIN PASSENGER VEHICLES.
(7-1-93)
02.Annual Interstate Registration.  It is unlawful for any interstate or foreign carrier with ICC authority to operate upon the highways of Idaho without first registering with the Commission or with the regulatory authority of another State its o­perating authority granted by the Interstate Commerce Commission.  It is unlawful for any exempt or private interstate or foreign carrier to operate on the highways of Idaho without first certifying to the Commission that it is exempt from ICC regulation.  For calendar year 1995, registration will be granted by payment of a fee of two dollars ($2.00) per vehicle, and for calendar year 1996 and beyond by payment of a fee of one dollar ($1.00) per vehicle, paid to this Commission or to the regulatory authority of another State for remittance to this Commission.   This registration of a carrier with ICC authority will be revoked by the Commission upon revocation of the operating autho­rity by the Interstate Commerce Commission.(7-1-93)(        )
03.Adoption of Federal Regulations.  49 C.F.R. Part 1023 is hereby adopted by reference.  For registration after calendar year 1994 and beyond, interstate and foreign carriers may register with Idaho or another State as provided under section 4005 of Public Law 102-204, 49 U.S.C. 11506, and 49 C.F.R. Part 1023.(7-1-94)