61019502.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
NOTICE OF TEMPORARY AND PROPOSED RULEMAKING
By this Notice the Commission proposes to adopt amendments to Motor Carrier Rule 51, IDAPA 31.61.01.051, to reduce the per vehicle registration fee for interstate motor carriers.  This Notice of Temporary and Proposed Rulemaking also contains a technical amendment to Rule 51 to make the rule consistent with a change to Idaho Code § 61-802B promulgated by the 1995 Legislature in House Bill No. 42.  The Commission proposes that the temporary rule will be effective commencing July 1, 1995.
Currently Rule 51 requires interstate or foreign motor 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 pursuant to Idaho Code § 61-812(b).
The technical amendment to Rule 51 mirrors the change to Idaho Code § 61-802B contained in House Bill 42.  The amendment to Section 61-802B removes 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 from Interstate Commerce Commission regulation.  The technical amendment to Rule 51 makes the rule consistent with the statute.  
Three Appendices are attached to this Notice of Proposed Rulemaking.  Appendix A is a Notice of Proposed Rulemaking suitable for transmission to the Administrative Rules Coordinator.  Appendix B is a “legislative” copy of the proposed rule; Appendix C is the “clean” copy of the rule.  As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is June 28, 1995.
NOTICE OF TEMPORARY AND PROPOSED RULEMAKING
The Idaho Public Utilities Commission hereby gives notice of its proposal to promulgate temporary and permanent changes to Motor Carrier Rule 51, IDAPA 31.61.01.051, pursuant to the Motor Carrier Act, Idaho Code §§ 61-801 et. seq.  The temporary and proposed rule is contained in Appendix B.
Issued by the Idaho Public Utilities Commission at Boise, Idaho this                day of April 1995.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/N-61019502.ws