[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33144-33147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12184]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No FMCSA-2015-0372]
49 CFR Part 372
RIN 2126-AB86
Commercial Zones at International Border With Mexico
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: FMCSA finalizes the interim final rule (IFR) published on
February 24, 2016, in the Federal Register expanding the commercial
zone for the City of El Paso, TX. The commercial zone now includes the
new Tornillo-Guadalupe international bridge and port of entry on the
border with Mexico. The Agency sought, but did not receive, public
comments regarding what should constitute the eastern boundary of
FMCSA's commercial zone for the City of El Paso, TX. Therefore, FMCSA
is adopting the commercial zone as defined in the February 24, 2016,
IFR.
DATES: Effective May 25, 2016.
FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, North American
Borders Division, FMCSA, 1200 New Jersey Avenue SE., Washington, DC
20590-0001. Telephone (202) 680-4831; email [email protected]. If you
have questions on viewing or submitting
[[Page 33145]]
material to the docket, contact Docket Services, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Legal Basis
The statutes authorizing FMCSA to regulate certain economic
activities of motor carriers provide for several exemptions. One of
them, the ``commercial zone'' exemption, now set out in 49 U.S.C.
13506(b)(1), provides that, except to the extent FMCSA finds it
necessary to exercise jurisdiction to carry out the transportation
policy of 49 U.S.C. 13101, FMCSA has no jurisdiction under 49 U.S.C.
subtitle IV, part B \1\ over transportation provided entirely in a
municipality, in contiguous municipalities, or in a zone that is
adjacent to, and commercially a part of, the municipality or
municipalities, except when the transportation is under common control,
management, or arrangement for a continuous carriage or shipment to or
from a place outside the municipality, municipalities, or zone. The
statute does not specify the geographic limits of a commercial zone.
From the outset commercial zone limits have usually been established by
agency rulemaking under authority provided by 49 U.S.C. 13301(a).
Authority to administer the provisions of 49 U.S.C. 13506 has been
delegated by the Secretary to the Administrator of FMCSA. 49 CFR
1.87(a)(3).
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\1\ This commercial zone exemption thus applies only to
commercial regulations applicable to motor carriers, such as the
requirements for operating authority set out in 49 U.S.C. 13901-
13904 and 49 CFR parts 365 and 390. Mexico-domiciled motor carriers
operating in commercial zones at the international border are
required to obtain certificates of registration under 49 U.S.C.
13902(c) and 49 CFR part 368. At one time, motor carrier operations
in commercial zones were exempt from most safety regulations, but
since 1989, such operations have been subject to all of the Federal
Motor Carrier Safety Regulations, with the exception of a small,
grandfathered population of medically unqualified drivers who were
operating in commercial zones between November 1987 and November
1988. 49 U.S.C. 31136(f), Federal Motor Carrier Safety Regulations;
General, 53 FR 18042, 18044-49 (May 19, 1988) and Federal Motor
Carrier Safety Regulations; General; Exempt Intracity Zone; Foreign
Motor Carriers, 54 FR 12200 (Mar. 24, 1989).
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The interim final rule establishing the expanded commercial zone
for the City of El Paso was made effective on February 24, 2016, the
date of publication in the Federal Register. This final rule confirms
the exemption granted by the IFR and is effective upon publication. 5
U.S.C. 553(d)(1).
Background
A history of the expansion of the City of El Paso's commercial zone
may be found in the February 24, 2016, IFR (81 FR 9117). In that IFR,
FMCSA established a commercial zone for the City of El Paso that
includes the new border crossing, which, unlike the old border
crossing, is being used by motor carriers of both property and
passengers. The expanded commercial zone includes the intersection of
Interstate 10 with O.T. Smith Road and Texas Farm-to-Market Road 3380
so that motor carriers that have authority from FMCSA to operate only
within the El Paso commercial zone may use the new international bridge
and will be able to drive to and from the intersection of Interstate 10
and O.T. Smith Road/Farm-to-Market Road 3380.
The specific description of the commercial zone for the City of El
Paso set out in 49 CFR 372.247, published at 81 FR 9117, includes all
of the area previously within the commercial zone under the general
rule in 49 CFR 372.241. It added a provision expanding the zone to
include all unincorporated areas within 15 miles of the corporate
boundaries of the City of San Elizario, TX. The February 24, 2016,
IFR's expansion of the commercial zone \2\ added 84 square miles to the
previous El Paso commercial zone.
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\2\ A map depicting the expanded commercial zone under the EA's
alternative 2 is included in the final EA's Appendix A as Figure 2.
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FMCSA also sought public comment on whether the boundary of the
expanded commercial zone should instead be the eastern boundary \3\ of
the County of El Paso. No public comments, however, were received
concerning either of the proposed commercial zones. FMCSA is therefore
adopting as final the commercial zone set out in 49 CFR 372.247.
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\3\ A map depicting the expanded commercial zone under the EA's
alternative 3 is included in the final EA as Figure 3.
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Rulemaking Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, Jan. 18, 2011), or
within the meaning of the DOT regulatory policies and procedures (44 FR
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB)
did not review this document. The final rule has no costs, as it
exempts motor carriers from obtaining FMCSA operating authority when
they operate in interstate or foreign commerce wholly within the El
Paso, Texas commercial zone as defined by 49 CFR 372.247; therefore, a
full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis,
because this action is not subject to notice and comment under section
553(b) of the Administrative Procedure Act.\4\
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\4\ 5 U.S.C 553(b).
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Unfunded Mandates Reform Act
The final rule does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $155
million (which is the value of $100 million in 1995 dollars after
adjusting for inflation to 2014 dollars) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, the final rule
does not have Federalism implications warranting the application of
E.O. 13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
final rule.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175 titled, ``Consultation and Coordination with Indian Tribal
Governments,'' because they would not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
[[Page 33146]]
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule, nor are there any revisions to existing, approved
collections of information.
National Environmental Policy Act and Clean Air Act
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by requiring Federal
agencies to consider the potential environmental impacts of their
proposed actions. In accordance with FMCSA's Order 5610.1, NEPA
Implementing Procedures and Policy for Considering Environmental
Impacts, and other applicable requirements, FMCSA prepared an
Environmental Assessment (EA) to analyze the potential impacts of the
IFR for the expansion of the City of El Paso, TX, commercial zone.
FMCSA published a notice of availability of the draft EA, giving the
public an opportunity to comment on it, on January 15, 2016 (81 FR
2291). FMCSA also published the IFR, giving the public an opportunity
to comment on it, the final EA, and the Finding of No Significant
Impact (FONSI), on February 24, 2016 (81 FR 9117). The final EA and
FONSI are available for inspection or copying in the Regulations.gov
Web site at http://www.regulations.gov. No comments were received by
the end of both comment periods. Because the implementation of this
action will only expand an existing commercial zone, FMCSA found that
endangered species, cultural resources protected under the National
Historic Preservation Act, wetlands, and resources protected under
Section 4(f) of the DOT Act of 1966, 49 U.S.C. 303, as amended by
Public Law 109-59 (Aug. 10, 2005), are not impacted. The impact areas
that may be affected and were evaluated in this EA included air
quality, noise, socioeconomics, environmental justice, public health
and safety, and hazardous materials. FMCSA anticipates that making
final the expanded El Paso commercial zone will have certain impacts
related principally to air emissions and land use from economic growth;
however, neither of these factors individually or collectively will
cause significant impacts. In addition, the economic impact will have
beneficial impacts to the quality of life in terms of job creation.
FMCSA also analyzed this final rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7506(c)), and implementing
regulations promulgated by the Environmental Protection Agency. None of
the alternatives considered in the final EA is located in a
nonattainment or maintenance area for any of the criteria pollutants;
therefore, FMCSA has determined that it is not required to perform a
CAA general conformity analysis.
E.O. 12898 (Environmental Justice)
E.O. 12898 (59 FR 7629, Feb. 16, 1994), Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, establishes Federal executive policy on environmental
justice. The E.O.'s main provision directs Federal agencies to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. FMCSA evaluated the environmental effects of this final
rule in accordance with E.O. 12898 and determined that there are no
environmental justice issues associated with its provisions, nor any
collective environmental impact resulting from its promulgation. None
of the alternatives analyzed in the EA will result in high and adverse
environmental impacts on minority or low-income populations.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this final rule under Executive Order 13211,
titled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.'' The Agency has determined that
the rule(s) are not a ``significant energy action'' under that
Executive Order because it is not a ``significant regulatory action''
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, no Statement of Energy Effects is required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23,
1997), requires agencies issuing ``economically significant'' rules, if
the regulation also concerns an environmental health or safety risk
that an agency has reason to believe may disproportionately affect
children, to include an evaluation of the regulation's environmental
health and safety effects on children. As discussed previously, the
final rule is not economically significant. Therefore, no analysis of
the impacts on children is required.
E.O. 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.
E.O. 12630 (Taking of Private Property)
This final rule will not effect a taking of private property or
otherwise have taking implications under E.O. 12630 titled,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights.''
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a separate privacy impact
assessment.
List of Subjects in 49 CFR Part 372
Agricultural commodities, Buses, Cooperatives, Freight forwarders,
Motor carriers, Moving of household goods, Seafood.
For reasons set forth in the preamble, FMCSA adopts the interim
rule published February 24, 2016 (81 FR 9117), as final without change.
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Issued pursuant to authority delegated in 49 CFR 1.87 on: May
17, 2016
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-12184 Filed 5-24-16; 8:45 am]
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