C07-0762Decision No. C07-0762
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-341TRDOCKET NO. 07R-341TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING Section 1 of SENATE BILL 06-094.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:    September 11, 2007
Adopted Date:  September 11, 2007
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing Section 1 of Senate Bill 06-094 (the Bill).  For the reasons set forth in this decision, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachment A.
2.	Section 1 of 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. Therefore, the purpose of the emergency rules adopted by this order is to ensure the implementation of the UCR Agreement for the motor carriers, motor private carriers, freight forwarders, brokers, leasing companies, and other entities engaged in interstate transportation that will be designating Colorado as their base state for the purpose of registration and payment of fees under the UCR Agreement.
3.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
4.	We find that immediate adoption of the emergency rules is imperative and necessary to implement the requirements of the Bill.  Without adopting the emergency rules, there will be no governing regulations concerning the UCR Agreement.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
5.	The rules attached to this order shall be effective on September 11, 2007, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The attached rules shall be effective on September 11, 2007.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
September 11, 2007.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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