ARC 9189C - Iowa Administrative Rules

Notice of Intended Action

For-hire interstate motor carrier authority, ch 529

Untitled document

ARC 9189C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to for-hire interstate motor carrier authority
and providing an opportunity for public comment

The Transportation Department hereby proposes to rescind Chapter 529, “For-Hire Interstate Motor Carrier Authority,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 307.12(1)“j.”

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 307.27(8) and chapter 327B.

Purpose and Summary

This rulemaking proposes to repromulgate Chapter 529 in compliance with Executive Order 10. Proposed Chapter 529 complies with Iowa Code section 307.27(8) and chapter 327B. Iowa Code section 307.27(8) requires the Department to administer the registration of interstate authority of motor carriers pursuant to federal regulations. Iowa Code chapter 327B requires motor carriers authorized by the U.S. Department of Transportation to perform an interstate transportation service for compensation to register with the Department.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on February 5, 2025. A public hearing was held on the following date(s):

●February 28, 2025

The Department received no comments.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on May 22, 2025. Comments should be directed to:

Tracy George
Department of Transportation
DOT Rules Administrator, Office of the Director
800 Lincoln Way
Ames, Iowa 50010
Phone: 515.239.1358
Email: tracy.george@iowadot.us

Public Hearing

Public hearings at which persons may present their views orally will be held as follows:

May 22, 2025 11 to 11:30 a.m.	Microsoft Teams link Or dial: 515.817.6093 Conference ID: 153 012 478
May 22, 2025 1:30 to 2 p.m.	Microsoft Teams link Or dial: 515.817.6093 Conference ID: 170 798 351

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Tracy George and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 761—Chapter 529 and adopt the following new chapter in lieu thereof:

CHAPTER 529

FOR-HIRE INTERSTATE MOTOR CARRIER AUTHORITY

761—529.1(307,327B) Motor carrier regulations. The department adopts the Code of Federal Regulations, 49 CFR Parts 365 through 368 and 370 through 379, dated October 1, 2024, for regulating interstate for-hire carriers. Copies of this publication are available from the state law library or at www.fmcsa.dot.gov.

761—529.2(307,327B) Registering interstate authority in Iowa. Authorized methods to submit registration for interstate exempt and nonexempt authority to the department include by mail to the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; delivery in person to 6310 SE Convenience Boulevard, Ankeny, Iowa; or by facsimile to 515.237.3257.

761—529.3(307,327B) Waiver of rules. In accordance with 761—Chapter 11, the director of transportation or the director’s designee (director) may, in response to a petition, waive provisions of this chapter. A waiver will not be granted unless the director finds that special or emergency circumstances exist.

“Special or emergency circumstances” means one or more of the following:

1.Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.

2.Circumstances where the movement is necessary to cooperate with national defense officials.

3.Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.

4.Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as but not limited to pollution of natural resources, a potential fire or explosion.

5.Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.

6.Circumstances where movement involves emergency-type vehicles.

7.Uncommon or extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazard to the safety of the traveling public or undue damage to private or public property.

These rules are intended to implement Iowa Code sections 307.12(1)“j” and 307.27 and chapter 327B.