C08-0117Decision No. C08-0117
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.
notice of proposed rulemaking
Mailed Date:    January 31, 2008
Adopted Date:  January 30, 2008
I.	BY THE COMMISSION
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding proposed Rules Regulating Transportation by Motor Vehicle.  A copy of the proposed rules is attached to this NOPR.
2.	The attached proposed rules appear in legislative (strikeout/underline) format.  Amendments are proposed to both existing permanent and emergency rules.  To the extent that interested persons wish to understand the amendments previously made on an emergency basis, Commission decision C07-0762 should be consulted.
3.	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.
4.	Section 1 of 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. 
5.	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. Sec. 14504.  Under Section 131 of federal House Resolution 5576, the repeal of 49 U.S.C. Sec. 14504 was delayed 12 months and set to become effective on January 1, 2008.  Therefore, federal law has now repealed or preempted all of sections 40-10-120 and 40-11-115, C.R.S., making it appropriate to repeal the associated rules through these proposed rules. Therefore, 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.
6.	This NOPR generally proposes to 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 (CCR) 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 rule 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.
7.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed rules and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed rules, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to file written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than March 3, 2008.  Reply comments should be filed by March 10, 2008.  In addition to the filing of written comments, interested persons may submit their comments electronically by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  The Commission may post electronically submitted comments to its website.
8.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the February 10, 2008, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	March 13, 2008
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	Suite 250
	1560 Broadway
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before the hearing.  Written comments should be filed no later than March 3, 2008.  In addition to the filing of written comments, interested persons may submit their comments electronically by floppy disk, compact disk (CD), or email to puc@dora.state.co.us.  Reply comments should be filed by March 10, 2008.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
January 30, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners
	
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