RLMKGPRO.docx

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.61.01 - MOTOR CARRIER RULES
OF THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-6101-9701
NOTICE OF PROPOSED RULES
AUTHORITY:  In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Idaho Public Utilities Commission’s proposed rulemaking.  This action is authorized pursuant to   Section 61-807, Idaho Code.
PUBLIC HEARING SCHEDULE:  A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than August 20, 1997.  The hearing site will be accessible to persons with disabilities.  Request for accommodations must be made not later than five (5) days prior to the hearing, to the Commission’s address set out below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the proposed rules:
The Commission proposes to remove all rules and portions of rules pertaining to safety fitness ratings.  The Commission recently suspended those rules in response to a federal Court ruling that they were illegally promulgated.  The Federal Highway Administration is in the process of promulgating a new safety fitness rating methodology.  The Commission may, eventually, promulgate new rules regarding safety fitness ratings but does not propose to do so at this time.
The Commission proposes to consolidate Rule 17 with Rule 19 (pertaining to drug testing) to eliminate a redundancy.  This will have no substantive effect on the Commission’s drug testing policy.  The Commission also proposes pertaining to leases of equipment and to eliminate the Commission’s existing rules relating to the same subject matter.  The Commission’s existing rules are simply a reproduction of the federal regulations and the Commission proposes to simply reference those regulations.  The Commission also proposes to eliminate Rule 25 pertaining to the interchange of equipment because this is an obsolete practice and the rule is no longer needed.
NEGOTIATED RULEMAKING:  Pursuant to IDAPA 04.11.01.811, negotiated rulemaking was not conducted because the changes being made are either non-controversial “housekeeping” modifications or involve areas where the Commission’s authority has been preempted by federal law.
ASSISTANCE ON TECHNICAL QUESTIONS:  For assistance on technical questions concerning the proposed rules, contact Brad M. Purdy, Deputy Attorney General at [phone] or Ron Law, Administrator, Regulated Carrier Division, at [phone].
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 below or must be postmarked on or before August 27, 1997.  Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.
DATED this         day of  June 1997.
Myrna J. WaltersStreet Address for Express Mail:
Commission Secretary
Idaho Public Utilities Commission472 West Washington Street
PO Box 83720Boise, ID 83702-5983
Boise, ID 83720-0074
Telephone:  [phone]
FAX:           [phone]