GEN196.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S MOTOR CARRIER RULES, IDAPA 31.61.01.000 ET SEQ.
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CASE NO.  31-6101-9701
ADOPTION OF PENDING RULES.
GENERAL ORDER NO.  196
In this General Order, the Commission issues pending rules that promulgate new and amend the Commission’s existing Motor Carrier Rules (IDAPA 31.61.01.000).  On June 26, 1997, the Commission issued a Notice of Proposed Rulemaking requesting written comments on the Commission’s proposed rulemaking no later than August 27, 1997.  The Notice was published in the Administrative Bulletin (Vol.  97-8 at p. 189) on August 6, 1997.  The Commission received one comment from the State of Idaho, Department of Law Enforcement on August 20, 1997.  On August 22, 1997, the Legislative Services Office of the Idaho State Legislature issued a statement that the proposed rulemaking had passed review by the Senate and House Subcommittees for Review of Administrative Rules without objection.
B A C K G R O U N D
Generally, the Commission’s rulemaking eliminates existing rules pertaining to rates, routes and services provided by all motor carriers in light of the federal preemption in this area.  In addition, the rulemaking removes all rules and portions of rules pertaining to safety fitness ratings suspended by the Commission in Order No. 26896 on April 25, 1997, in light of a federal court ruling.  Finally, the rulemaking implements several “housekeeping” changes to eliminate redundancy and to streamline the Motor Carrier Rules.
As indicated, the only party to file comments in response to the Commission’s proposed rulemaking was the State of Idaho, Department of Law Enforcement (Department).  The Department notes that the Federal Office of Motor Carriers published a Notice of Proposed Rulemaking and an interim final rule regarding safety ratings on May 28, 1997, for carriers of hazardous materials and passengers.  The final rule is expected to be implemented by November 28, 1997.  It is the Department’s preference that Idaho’s temporary suspension of its safety fitness rating methodology remain in place until the final federal rule is published.  If that approach is not possible, the Department urges the Commission to act as soon as possible thereafter to adopt the final federal rule so that the rating of motor carriers can be reinstituted.  
F I N D I N G S
The Commission is authorized pursuant to Idaho Code § 61-807 to prescribe such rules and regulations for motor carriers as may be necessary to provide for adequate service and safety of operation and to adopt such other rules and regulations as necessary to govern the relationship between motor carriers and the traveling and shipping public.  We find that the proposed new and amendments to the Commission’s existing Motor Carrier Rules are reasonable and necessary for the safety and well-being of the citizens of the state of Idaho.  We appreciate the concerns expressed by the Department of Law Enforcement regarding the safety fitness rating methodology for motor carriers.  Given the fact, however, that the final federal rule is not expected to become effective until late this year, it is not possible for us to determine at this time, whether that rule should be adopted by the state of Idaho.  Rather than continue to suspend a rule based on a federal regulation declared unlawful, we will, as the Department encourages, review the final federal rule once it is published and initiate a proceeding to determine whether that rule should be adopted for the state of Idaho by this Commission.  If the circumstances warrant, we will consider implementing the final federal rule at that time on an expedited basis.  We further find that it is in the public interest for these new amendments to the Commission’s existing Motor Carrier Rules to become effective April 1, 1998, following legislative approval.  We conclude that it is in the public interest for us to adopt these pending rules contingent upon legislative review.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the new amendments to the Commission’s existing Motor Carrier Rules as originally published in the Administrative Bulletin (Vol. No. 97-8 at p. 189) on August 6, 1997.
IT IS FURTHER ORDERED that these pending rules shall become effective April 1, 1998, pending legislative review by the 1998 Idaho Legislature.
THIS IS A FINAL GENERAL ORDER.  Any person interested in this General Order (or in issues finally decided by this General Order) 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.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of September 1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:31-6101-9701.bp
COMMENTS AND ANNOTATIONS
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Service Date
September 24, 1997