R08-0339Decision No. R08-0339
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-027TRDOCKET NO. 08R-027TR
In the matter of the proposed RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF THE UNIFIED CARRIER REGISTRATION AGREEMENT FOUND IN THE RUles regulating transportation by motor vehicle, 4 code of colorado regulations 723-6.
recommended decision of
administrative law judge
ken f. kirkpatrick
adopting rules
Mailed Date:  March 31, 2008
I.	Statement, Findings, and Conclusions
1.	The Colorado Public Utilities Commission (Commission) issued its Notice of Proposed Rulemaking (NOPR) regarding proposed Rules Regulating Transportation by Motor Vehicle in Decision No. C08-0117, January 31, 2008.  A copy of the proposed rules was attached to that Decision.  The NOPR was published in the February 10, 2008 edition of the Colorado Register, and it stated that a hearing on the proposed rules would be held on March 13, 2008 at 9:00 a.m. in a Commission Hearing Room in Denver, Colorado.
2.	At the assigned time and place the undersigned Administrative Law Judge (ALJ) called the matter for hearing.  Terry Willert, the Commission’s Chief of Transportation, gave a summary and overview of the proposed rules.  There were no other comments.
3.	At the conclusion of the hearing the matter was taken under advisement.
4.	In accordance with § 40-6-109, C.R.S., the ALJ now transmits the record to the Commission, along with a written recommended decision.
5.	The statutory authority for the proposed rules is found in §§ 40-2-108, 40-2-116, 40-7-113(2), and 40-10.5-102, C.R.S.
6.	Section 1 of Colorado Senate Bill 06-094 (the Bill) created Article 10.5 of Title 40, C.R.S., establishing the Commission as the agency that will administer the Unified Carrier Registration Agreement (UCR Agreement) for the State of Colorado.  The UCR Agreement was established under the federal “Unified Carrier Registration Act of 2005,” Public Law 109-59, and provides for the registration and payment of fees by motor carriers, motor private carriers, freight forwarders, brokers, leasing companies, and other entities engaged in interstate transportation.  The Bill mandates that the Commission promulgate rules for the proper administration and enforcement of Article 10.5.  Federal rulemaking regarding the UCR Agreement was completed on August 24, 2007, and implementation of the UCR Agreement on-line registration system was completed on September 10, 2007.  With those two elements completed, the UCR Agreement has been implemented nationally. 
7.	Sections 2 and 3 of the Bill provided for the repeal of §§ 40-10-120 and 40-11-115, C.R.S., respectively upon the repeal of 49 U.S.C. § 14504.  Under § 131 of Federal House Resolution 5576, the repeal of 49 U.S.C. § 14504 was delayed 12 months and set to become effective on January 1, 2008.  Therefore, federal law has now repealed or preempted all of §§ 40-10-120 and 40-11-115, C.R.S., making it appropriate to repeal the rules associated with those statutory sections in this rulemaking proceeding.
8.	Thus, the purpose of the proposed rules is to ensure the implementation and enforcement of the UCR Agreement for the motor carriers, motor private carriers, freight forwarders, brokers, leasing companies, and other entities engaged in interstate transportation that are required to register and pay fees under the UCR Agreement.
9.	The proposed rules generally make the following amendments, without limitation, to the Rules Regulating Transportation by Motor Vehicle (rule numbers below appear in abbreviated form; e.g., rule 6001(xx) of  4 Code of Colorado Regulations 723-6 appears as rule 6001(xx)):
	 	a)	Proposed rule 6000 deletes references to the rules held in abeyance in the emergency rules because those rules will be deleted in these proposed rules.
	 	b)	Proposed rules 6001(ooo) and 6001(ppp) will make permanent the emergency rule definitions of “UCR Agreement” and “UCR registrant.”
	 	c)	Rules 6001(l), (r), (s), (t), (u), (v), (w), (dd), (ee), (ff), (pp), (ccc), and (ggg), 6004(b) and (c), and 6008(b), are proposed to be deleted because they are preempted by the UCR Agreement.
	 	d)	Proposed rules 6001(xx) and (mmm) delete references to interstate carriers.
	 	e)	Rule numbers in rule 6001 will be administratively corrected, without substantive change, following completion of this rulemaking and the rulemaking in Docket No. 07R-327TR.
	 	f)	Proposed rule 6005(a)(II) makes permanent the emergency rule for records retention. 
	 	g)	Proposed rule 6007(b)(I)(B) deletes the schedule of limits for interstate carriers.
	 	h)	Proposed rules 6007(c)(I), (f)(I)(C), and (k) delete references to interstate carriers and related forms.
	 	i)	Proposed rules 6009(e) and (f) delete the references to forms that are no longer required for interstate carriers and to fees for vehicles used in both interstate and intrastate commerce.
	 	j)	Proposed rule 6011(a) deletes the reference to the BOC-3 form that is no longer required.
	 	k)	Proposed rule 6400 changes the name of the title of the rule to accurately reflect the applicability of rules 6400 through 6499.  Also, emergency rules 6400(a) and (b) are proposed to be deleted because the word “interstate” and the rules held in abeyance will be deleted in these proposed rules.
	 	l)	Rule 6401 is proposed to be deleted and replaced by proposed rule 6401(e) because the UCR Agreement fees may be changed annually by the United States Department of Transportation and the Commission must be able to administer and enforce those fees as soon as they are approved.  
	 	m)	Rules 6402, 6403, and 6404 are proposed to be deleted because they are preempted by the UCR Agreement. 
	 	n)	Proposed rule 6402 deletes the paragraphs that refer to rules and statutes that are preempted by the UCR Agreement, and makes permanent the emergency rule regarding UCR Agreement violations.
10.	The Rules attached to this Decision are clear; are necessary to protect the public health, safety, and welfare; are understandable; do not conflict with other provisions of law; and do not duplicate other rules.  The Rules are in the public interest, and they should be adopted.
11.	The Commission has another transportation rulemaking proceeding underway in Docket No. 07R-327TR.  A recommended decision in that proceeding was issued on February 21, 2008.  While the subject matter of that proceeding is different from this proceeding, it involves different subsections of some of the same rules that are the subject of this proceeding.  Depending on the ultimate rules adopted in each proceeding, there will need to be some renumbering before the rules are published for adoption in the Colorado Register.
12.	In accordance with § 40-6-109, C.R.S., the ALJ recommends that the Commission enter the following order.  
II.	ORDER
A.	The Commission Orders That:
1.	The Rules Regulating Transportation by Motor Vehicle, 4 Code of Colorado Regulations 723-6, contained in Attachment A to this Order, are adopted. 
2.	This Recommended Decision shall be effective on the day it becomes the Decision of the Commission, if that is the case, and is entered as of the date above.  
3.	
As provided by § 40-6-109, C.R.S., copies of this Recommended Decision shall be served upon the parties, who may file exceptions to it.  
a)	If no exceptions are filed within 20 days after service or within any extended period of time authorized, or unless the decision is stayed by the Commission upon its own motion, the recommended decision shall become the decision of the Commission and subject to the provisions of § 40-6-114, C.R.S.
b)	If a party seeks to amend, modify, annul, or reverse basic findings of fact in its exceptions, that party must request and pay for a transcript to be filed, or the parties may stipulate to portions of the transcript according to the procedure stated in § 40-6-113, C.R.S.  If no transcript or stipulation is filed, the Commission is bound by the facts set out by the administrative law judge and the parties cannot challenge these facts.  This will limit what the Commission can review if exceptions are filed.
4.	
If exceptions to this Decision are filed, they shall not exceed 30 pages in length, unless the Commission for good cause shown permits this limit to be exceeded.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

_____________________________
	Administrative Law Judge

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