MCAPPA.docx

NOTICE OF TEMPORARY AND  PROPOSED RULEMAKING
DOCKET NO. 31-6101-9502
IDAHO PUBLIC UTILITIES COMMISSION
RULES RELATING TO INTERSTATE MOTOR CARRIER FEES
ACTION:  This action, taken under Docket No. 31-6101-9502, proposes amendments to a motor carrier rule to reduce fees paid by interstate motor carriers, IDAPA 31.61.01.051, Title 61, Chapter 1, of the Rules of the Idaho Public Utilities Commission.
AUTHORITY:  In compliance with section 67-5221, Idaho Code, notice is hereby given that the Idaho Public Utilities Commission has proposed amendments to Rule 51, IDAPA 31.61.01.051.  This action is authorized pursuant to the Commission’s legal authority under the Motor Carrier Act, Chapter 8, Title 61, Idaho Code and the specific authority of sections 61-807 and 61-812, Idaho Code, and by section 67-5226, authorizing temporary rulemaking.  The temporary rule shall be effective commencing July 1, 1995.
Pursuant to section 67-5222(2), Idaho Code, the Idaho Public Utilities Commission does not propose to schedule oral presentations in this proposed rulemaking.  However, oral presentation will be scheduled and held if requested in writing by twenty-five (25) persons, a political subdivision, or an agency of the state.  The request must be made on or before June 21, 1995.  Any person requesting that oral presentation be held in this rulemaking must mail or otherwise deliver this request to:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
The street address for personal delivery of requests for an oral presentation is 472 West Washington Street, Boise, Idaho  83702-5983.  Any written requests should contain the document number shown at the beginning of this notice.  Any hearing site will be accessible to the physically challenged.  Interpreters for persons with hearing impairments or brailled or taped information for persons with visual impairments, can be provided upon five (5) days’ notice.  For arrangements, contact the Commission Secretary at the above address or call [phone]; text telephone [phone].
DESCRIPTIVE SUMMARY:  The following is a non-technical explanation of the substance and purpose of the temporary and proposed rulemaking:  
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.
ASSISTANCE ON TECHNICAL QUESTIONS:  For assistance on technical questions concerning the proposed rules, contact the rules drafter at the address or telephone number outlined below.
DEADLINE FOR WRITTEN COMMENTS:  Anyone may submit written comments regarding these proposed rules.  All written comments and data concerning the proposed rules must be delivered to the Commission Secretary at the address identified above or must be postmarked on or before June 28, 1995.  Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.
Rule Drafter:  Weldon B. Stutzman, Deputy Attorney General, Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074, [phone].
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