81_FR_33245 81 FR 33144 - Commercial Zones at International Border With Mexico

81 FR 33144 - Commercial Zones at International Border With Mexico

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33144-33147
FR Document2016-12184

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.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33144-33147]
From the Federal Register Online  [www.thefederalregister.org]
[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.


[[Page 33147]]


    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]
 BILLING CODE 4910-EX-P



                                           33144            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           inspection file) and also provides online               leakage logs and repair records); and                 inspection file annually by the date that
                                           access via the system’s own Web site to                 76.1715 (sponsorship identifications).                the unit’s EEO program annual report is
                                           back-up political file material in the                     47 CFR 76.1700(e) requires that public             due to be filed and shall be retained for
                                           event the online file becomes                           file material that continues to be                    a period of five years. A headquarters
                                           temporarily unavailable.                                retained at the system be retained in a               employment unit file and a file
                                              Apart from these minor exceptions,                   public inspection file maintained at the              containing a consolidated set of all
                                           the R&O does not adopt new or                           office which the system operator                      documents pertaining to the other
                                           modified public inspection file                         maintains for the ordinary collection of              employment units of a multichannel
                                           requirements. The Commission’s goal                     subscriber charges, resolution of                     video programming distributor that
                                           was simply to adapt the existing cable                  subscriber complaints, and other                      operates multiple units shall be
                                           public file requirements to an online                   business or at any accessible place in                maintained in the Commission’s online
                                           format.                                                 the community served by the system                    public file for every cable system
                                              47 CFR 76.1700 requires cable system                 unit(s) (such as a public registry for                associated with the headquarters
                                           operators to place the public inspection                documents or an attorney’s office).                   employment unit.
                                           file materials required to be retained by               Public files must be available for public               Special note—The information
                                           the following rules in the online public                inspection during regular business                    collection requirements contained in 47
                                           file hosted by the Commission, with the                 hours.                                                CFR 76.630 was approved by the OMB
                                           exception of existing political file                       47 CFR 76.1700(f) requires cable                   on March 21, 2016 under a non-
                                           material which cable systems may                        systems to provide a link to the public               substantive change submission. The
                                           continue to retain in their local public                inspection file hosted on the                         OMB control number is 3060–0667.
                                           file until the end of the retention period:             Commission’s Web site from the home
                                           76.1701 (political file), 76.1702 (EEO),                page of its own Web site, if the system               Federal Communications Commission.
                                           76.1703 (commercial records for                         has a Web site, and provide contact                   Gloria J. Miles,
                                           children’s programming), 76.1705                        information on its Web site for a system              Federal Register Liaison Officer, Office of the
                                           (performance tests—channels                             representative who can assist any                     Secretary.
                                           delivered); 76.1707 (leased access); and                person with disabilities with issues                  [FR Doc. 2016–11693 Filed 5–24–16; 8:45 am]
                                           76.1709 (availability of signals), 76.1710              related to the content of the public files.           BILLING CODE 6712–01–P
                                           (operator interests in video                            A system also is required to include in
                                           programming), 76.1715 (sponsorship                      the online public file the address of the
                                           identification), and 76.630                             system’s local public file, if the system             DEPARTMENT OF TRANSPORTATION
                                           (compatibility with consumer                            retains documents in the local file that
                                           electronics equipment). Cable systems                   are not available in the Commission’s                 Federal Motor Carrier Safety
                                           with fewer than 5,000 subscribers may                   online file, and the name, phone                      Administration
                                           continue to retain their political file                 number, and email address of the
                                           locally and are not required to upload                  system’s designated contact for                       [Docket No FMCSA–2015–0372]
                                           new political file material to the online               questions about the public file. In                   49 CFR Part 372
                                           public file until March 1, 2018. In                     addition, a system must provide on the
                                           addition, cable systems may elect to                    online public file a list of the five digit           RIN 2126–AB86
                                           retain the material required by 76.1708                 ZIP codes served by the system.
                                           (principal headend) locally rather than                    47 CFR 76.1700(g) requires that cable              Commercial Zones at International
                                           placing this material in the online                     operators make any material in the                    Border With Mexico
                                           public file.                                            public inspection file that is not also
                                                                                                                                                         AGENCY:  Federal Motor Carrier Safety
                                              47 CFR 76.1700(b) requires cable                     available in the Commission’s online
                                                                                                                                                         Administration (FMCSA), DOT.
                                           system operators to make the records                    file available for machine reproduction
                                           required to be retained by the following                upon request made in person, provided                 ACTION: Final rule.
                                           rules available to local franchising                    the requesting party shall pay the
                                                                                                                                                         SUMMARY:    FMCSA finalizes the interim
                                           authorities: 76.1704 (proof-of-                         reasonable cost of reproduction.
                                                                                                                                                         final rule (IFR) published on February
                                           performance test data) and 76.1713                      Requests for machine copies must be
                                                                                                                                                         24, 2016, in the Federal Register
                                           (complaint resolution).                                 fulfilled at a location specified by the
                                                                                                                                                         expanding the commercial zone for the
                                              47 CFR 76.1700(c) requires cable                     system operator, within a reasonable
                                                                                                                                                         City of El Paso, TX. The commercial
                                           system operators to make the records                    period of time, which in no event shall
                                                                                                                                                         zone now includes the new Tornillo-
                                           required to be retained by the following                be longer than seven days. The system
                                                                                                                                                         Guadalupe international bridge and port
                                           rules available to the Commission:                      operator is not required to honor
                                                                                                                                                         of entry on the border with Mexico. The
                                           76.1704 (proof-of-performance test                      requests made by mail but may do so if
                                                                                                                                                         Agency sought, but did not receive,
                                           data), 76.1706 (signal leakage logs and                 it chooses.
                                                                                                      47 CFR 76.1702(a) requires that every              public comments regarding what should
                                           repair records), 76.1711 (emergency
                                                                                                   employment unit with six or more full-                constitute the eastern boundary of
                                           alert system and activations), 76.1713
                                                                                                   time employees shall maintain for                     FMCSA’s commercial zone for the City
                                           (complaint resolution), and 76.1716
                                                                                                   public inspection a file containing                   of El Paso, TX. Therefore, FMCSA is
                                           (subscriber records).
                                              47 CFR 76.1700(d) exempts cable                      copies of all EEO program annual                      adopting the commercial zone as
                                           television systems having fewer than                    reports filed with the Commission and                 defined in the February 24, 2016, IFR.
                                           1,000 subscribers from the online public                the equal employment opportunity                      DATES: Effective May 25, 2016.
                                           file and the public inspection                          program information described in 47                   FOR FURTHER INFORMATION CONTACT:
Lhorne on DSK30JT082PROD with RULES




                                           requirements contained in 47 CFR                        CFR 76.1702(b). These materials shall be              Bryan Price, Chief, North American
                                           76.1701 (political file); 76.1702 (equal                placed in the Commission’s online                     Borders Division, FMCSA, 1200 New
                                           employment opportunity); 76.1703                        public inspection file for each cable                 Jersey Avenue SE., Washington, DC
                                           (commercial records for children’s                      system associated with the employment                 20590–0001. Telephone (202) 680–4831;
                                           programming); 76.1704 (proof-of-                        unit. These materials must be placed in               email bryan.price@dot.gov. If you have
                                           performance test data); 76.1706 (signal                 the Commission’s online public                        questions on viewing or submitting


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                                                             Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                             33145

                                           material to the docket, contact Docket                  established a commercial zone for the                   372.247; therefore, a full regulatory
                                           Services, telephone (202) 366–9826.                     City of El Paso that includes the new                   evaluation is unnecessary.
                                           SUPPLEMENTARY INFORMATION:                              border crossing, which, unlike the old
                                                                                                                                                           Regulatory Flexibility Act
                                                                                                   border crossing, is being used by motor
                                           Legal Basis                                             carriers of both property and passengers.                  Under the Regulatory Flexibility Act
                                              The statutes authorizing FMCSA to                    The expanded commercial zone                            of 1980 (5 U.S.C. 601–612), FMCSA is
                                           regulate certain economic activities of                 includes the intersection of Interstate 10              not required to complete a regulatory
                                           motor carriers provide for several                      with O.T. Smith Road and Texas Farm-                    flexibility analysis, because this action
                                           exemptions. One of them, the                            to-Market Road 3380 so that motor                       is not subject to notice and comment
                                           ‘‘commercial zone’’ exemption, now set                  carriers that have authority from                       under section 553(b) of the
                                           out in 49 U.S.C. 13506(b)(1), provides                  FMCSA to operate only within the El                     Administrative Procedure Act.4
                                           that, except to the extent FMCSA finds                  Paso commercial zone may use the new
                                           it necessary to exercise jurisdiction to                                                                        Unfunded Mandates Reform Act
                                                                                                   international bridge and will be able to
                                           carry out the transportation policy of 49               drive to and from the intersection of                     The final rule does not impose an
                                           U.S.C. 13101, FMCSA has no                              Interstate 10 and O.T. Smith Road/                      unfunded Federal mandate, as defined
                                           jurisdiction under 49 U.S.C. subtitle IV,               Farm-to-Market Road 3380.                               by the Unfunded Mandates Reform Act
                                           part B 1 over transportation provided                      The specific description of the                      of 1995 (2 U.S.C. 1532, et seq.), that will
                                           entirely in a municipality, in contiguous               commercial zone for the City of El Paso                 result in the expenditure by State, local
                                           municipalities, or in a zone that is                                                                            and tribal governments, in the aggregate,
                                                                                                   set out in 49 CFR 372.247, published at
                                           adjacent to, and commercially a part of,                                                                        or by the private sector, of $155 million
                                                                                                   81 FR 9117, includes all of the area
                                           the municipality or municipalities,                                                                             (which is the value of $100 million in
                                                                                                   previously within the commercial zone
                                           except when the transportation is under                                                                         1995 dollars after adjusting for inflation
                                                                                                   under the general rule in 49 CFR
                                           common control, management, or                                                                                  to 2014 dollars) or more in any 1 year.
                                                                                                   372.241. It added a provision expanding
                                           arrangement for a continuous carriage or
                                                                                                   the zone to include all unincorporated                  E.O. 13132 (Federalism)
                                           shipment to or from a place outside the
                                                                                                   areas within 15 miles of the corporate
                                           municipality, municipalities, or zone.                                                                             A rule has implications for
                                                                                                   boundaries of the City of San Elizario,
                                           The statute does not specify the                                                                                Federalism under section 1(a) of
                                                                                                   TX. The February 24, 2016, IFR’s
                                           geographic limits of a commercial zone.                                                                         Executive Order 13132 if it has
                                                                                                   expansion of the commercial zone 2
                                           From the outset commercial zone limits                                                                          ‘‘substantial direct effects on the States,
                                                                                                   added 84 square miles to the previous
                                           have usually been established by agency                                                                         on the relationship between national
                                                                                                   El Paso commercial zone.
                                           rulemaking under authority provided by                                                                          government and the States, or on the
                                           49 U.S.C. 13301(a). Authority to                           FMCSA also sought public comment
                                                                                                   on whether the boundary of the                          distribution of power and
                                           administer the provisions of 49 U.S.C.                                                                          responsibilities among various levels of
                                           13506 has been delegated by the                         expanded commercial zone should
                                                                                                   instead be the eastern boundary 3 of the                government.’’ FMCSA has determined
                                           Secretary to the Administrator of                                                                               that this rule will not have substantial
                                           FMCSA. 49 CFR 1.87(a)(3).                               County of El Paso. No public comments,
                                                                                                   however, were received concerning                       direct effects on States, nor will it limit
                                              The interim final rule establishing the                                                                      the policymaking discretion of States.
                                           expanded commercial zone for the City                   either of the proposed commercial
                                                                                                   zones. FMCSA is therefore adopting as                   Nothing in this document preempts or
                                           of El Paso was made effective on                                                                                modifies any provision of State law or
                                           February 24, 2016, the date of                          final the commercial zone set out in 49
                                                                                                   CFR 372.247.                                            regulation, imposes substantial direct
                                           publication in the Federal Register.                                                                            unreimbursed compliance costs on any
                                           This final rule confirms the exemption                  Rulemaking Analyses                                     State, or diminishes the power of any
                                           granted by the IFR and is effective upon                                                                        State to enforce its own laws.
                                           publication. 5 U.S.C. 553(d)(1).                        Executive Order 12866 (Regulatory
                                                                                                   Planning and Review) and DOT                            Accordingly, the final rule does not
                                           Background                                              Regulatory Policies and Procedures                      have Federalism implications
                                             A history of the expansion of the City                                                                        warranting the application of E.O.
                                           of El Paso’s commercial zone may be                       FMCSA has determined that this                        13132.
                                           found in the February 24, 2016, IFR (81                 action is not a significant regulatory
                                                                                                   action within the meaning of Executive                  E.O. 12372 (Intergovernmental Review)
                                           FR 9117). In that IFR, FMCSA
                                                                                                   Order 12866, as supplemented by                           The regulations implementing E.O.
                                             1 This  commercial zone exemption thus applies
                                                                                                   Executive Order 13563 (76 FR 3821, Jan.                 12372 regarding intergovernmental
                                           only to commercial regulations applicable to motor      18, 2011), or within the meaning of the                 consultation on Federal programs and
                                           carriers, such as the requirements for operating        DOT regulatory policies and procedures                  activities do not apply to this final rule.
                                           authority set out in 49 U.S.C. 13901–13904 and 49       (44 FR 1103, Feb. 26, 1979). Thus, the
                                           CFR parts 365 and 390. Mexico-domiciled motor
                                                                                                   Office of Management and Budget                         Indian Tribal Governments
                                           carriers operating in commercial zones at the
                                           international border are required to obtain             (OMB) did not review this document.                       This final rule does not have tribal
                                           certificates of registration under 49 U.S.C. 13902(c)   The final rule has no costs, as it exempts              implications under Executive Order
                                           and 49 CFR part 368. At one time, motor carrier         motor carriers from obtaining FMCSA                     13175 titled, ‘‘Consultation and
                                           operations in commercial zones were exempt from
                                           most safety regulations, but since 1989, such
                                                                                                   operating authority when they operate                   Coordination with Indian Tribal
                                           operations have been subject to all of the Federal      in interstate or foreign commerce                       Governments,’’ because they would not
                                           Motor Carrier Safety Regulations, with the              wholly within the El Paso, Texas                        have a substantial direct effect on one or
                                           exception of a small, grandfathered population of       commercial zone as defined by 49 CFR                    more Indian tribes, on the relationship
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                                           medically unqualified drivers who were operating
                                           in commercial zones between November 1987 and                                                                   between the Federal Government and
                                           November 1988. 49 U.S.C. 31136(f), Federal Motor          2 A map depicting the expanded commercial zone        Indian tribes, or on the distribution of
                                           Carrier Safety Regulations; General, 53 FR 18042,       under the EA’s alternative 2 is included in the final   power and responsibilities between the
                                           18044–49 (May 19, 1988) and Federal Motor Carrier       EA’s Appendix A as Figure 2.
                                                                                                     3 A map depicting the expanded commercial zone
                                                                                                                                                           Federal Government and Indian tribes.
                                           Safety Regulations; General; Exempt Intracity Zone;
                                           Foreign Motor Carriers, 54 FR 12200 (Mar. 24,           under the EA’s alternative 3 is included in the final
                                           1989).                                                  EA as Figure 3.                                          45   U.S.C 553(b).



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                                           33146            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           Paperwork Reduction Act                                 cause significant impacts. In addition,               significant’’ rules, if the regulation also
                                              Under the Paperwork Reduction Act                    the economic impact will have                         concerns an environmental health or
                                           of 1995 (PRA) (44 U.S.C. 3501 et seq.),                 beneficial impacts to the quality of life             safety risk that an agency has reason to
                                           Federal agencies must obtain approval                   in terms of job creation.                             believe may disproportionately affect
                                                                                                      FMCSA also analyzed this final rule                children, to include an evaluation of the
                                           from the Office of Management and
                                                                                                   under the Clean Air Act, as amended                   regulation’s environmental health and
                                           Budget (OMB) for each collection of
                                                                                                   (CAA), section 176(c) (42 U.S.C.                      safety effects on children. As discussed
                                           information they conduct, sponsor, or
                                                                                                   7506(c)), and implementing regulations                previously, the final rule is not
                                           require through regulations. FMCSA
                                                                                                   promulgated by the Environmental                      economically significant. Therefore, no
                                           determined that no new information
                                                                                                   Protection Agency. None of the                        analysis of the impacts on children is
                                           collection requirements are associated
                                                                                                   alternatives considered in the final EA               required.
                                           with this final rule, nor are there any
                                                                                                   is located in a nonattainment or
                                           revisions to existing, approved                                                                               E.O. 12988 (Civil Justice Reform)
                                                                                                   maintenance area for any of the criteria
                                           collections of information.                             pollutants; therefore, FMCSA has                         This action meets applicable
                                           National Environmental Policy Act and                   determined that it is not required to                 standards in sections 3(a) and 3(b)(2) of
                                           Clean Air Act                                           perform a CAA general conformity                      E.O. 12988 titled, ‘‘Civil Justice
                                             The National Environmental Policy                     analysis.                                             Reform,’’ to minimize litigation,
                                           Act of 1969 (NEPA) (42 U.S.C. 4321 et                                                                         eliminate ambiguity, and reduce
                                                                                                   E.O. 12898 (Environmental Justice)
                                           seq.) requires Federal agencies to                                                                            burden.
                                                                                                      E.O. 12898 (59 FR 7629, Feb. 16,
                                           integrate environmental values into                     1994), Federal Actions to Address                     E.O. 12630 (Taking of Private Property)
                                           their decision-making processes by                      Environmental Justice in Minority                        This final rule will not effect a taking
                                           requiring Federal agencies to consider                  Populations and Low-Income                            of private property or otherwise have
                                           the potential environmental impacts of                  Populations, establishes Federal                      taking implications under E.O. 12630
                                           their proposed actions. In accordance                   executive policy on environmental                     titled, ‘‘Governmental Actions and
                                           with FMCSA’s Order 5610.1, NEPA                         justice. The E.O.’s main provision                    Interference with Constitutionally
                                           Implementing Procedures and Policy for                  directs Federal agencies to make                      Protected Property Rights.’’
                                           Considering Environmental Impacts,                      environmental justice part of their
                                           and other applicable requirements,                                                                            National Technology Transfer and
                                                                                                   mission by identifying and addressing,
                                           FMCSA prepared an Environmental                                                                               Advancement Act
                                                                                                   as appropriate, disproportionately high
                                           Assessment (EA) to analyze the                          and adverse human health or                             The National Technology Transfer
                                           potential impacts of the IFR for the                    environmental effects of their programs,              and Advancement Act (15 U.S.C. 272
                                           expansion of the City of El Paso, TX,                   policies, and activities on minority                  note) requires Federal agencies
                                           commercial zone. FMCSA published a                      populations and low-income                            proposing to adopt technical standards
                                           notice of availability of the draft EA,                 populations in the United States.                     to consider whether voluntary
                                           giving the public an opportunity to                     FMCSA evaluated the environmental                     consensus standards are available. If the
                                           comment on it, on January 15, 2016 (81                  effects of this final rule in accordance              Agency chooses to adopt its own
                                           FR 2291). FMCSA also published the                      with E.O. 12898 and determined that                   standards in place of existing voluntary
                                           IFR, giving the public an opportunity to                there are no environmental justice                    consensus standards, it must explain its
                                           comment on it, the final EA, and the                    issues associated with its provisions,                decision in a separate statement to
                                           Finding of No Significant Impact                        nor any collective environmental impact               OMB. Because FMCSA does not intend
                                           (FONSI), on February 24, 2016 (81 FR                    resulting from its promulgation. None of              to adopt technical standards, there is no
                                           9117). The final EA and FONSI are                       the alternatives analyzed in the EA will              need to submit a separate statement to
                                           available for inspection or copying in                  result in high and adverse                            OMB on this matter.
                                           the Regulations.gov Web site at http://                 environmental impacts on minority or
                                           www.regulations.gov. No comments                                                                              Privacy Impact Assessment
                                                                                                   low-income populations.
                                           were received by the end of both                                                                                 Section 522(a)(5) of the
                                           comment periods. Because the                            E.O. 13211 (Energy Effects)                           Transportation, Treasury, Independent
                                           implementation of this action will only                    FMCSA has analyzed this final rule                 Agencies, and General Government
                                           expand an existing commercial zone,                     under Executive Order 13211, titled                   Appropriations Act, 2005 (Pub. L. 108–
                                           FMCSA found that endangered species,                    ‘‘Actions Concerning Regulations That                 447, Division H, Title I, 118 Stat. 2809
                                           cultural resources protected under the                  Significantly Affect Energy Supply,                   at 3268, Dec. 8, 2004) requires DOT and
                                           National Historic Preservation Act,                     Distribution, or Use.’’ The Agency has                certain other Federal agencies to
                                           wetlands, and resources protected under                 determined that the rule(s) are not a                 conduct a privacy impact assessment of
                                           Section 4(f) of the DOT Act of 1966, 49                 ‘‘significant energy action’’ under that              each rule that will affect the privacy of
                                           U.S.C. 303, as amended by Public Law                    Executive Order because it is not a                   individuals. Because this final rule will
                                           109–59 (Aug. 10, 2005), are not                         ‘‘significant regulatory action’’ under               not affect the privacy of individuals,
                                           impacted. The impact areas that may be                  Executive Order 12866 and is not likely               FMCSA did not conduct a separate
                                           affected and were evaluated in this EA                  to have a significant adverse effect on               privacy impact assessment.
                                           included air quality, noise,                            the supply, distribution, or use of
                                           socioeconomics, environmental justice,                                                                        List of Subjects in 49 CFR Part 372
                                                                                                   energy. Therefore, no Statement of
                                           public health and safety, and hazardous                 Energy Effects is required.                             Agricultural commodities, Buses,
                                           materials. FMCSA anticipates that                                                                             Cooperatives, Freight forwarders, Motor
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                                           making final the expanded El Paso                       E.O. 13045 (Protection of Children)                   carriers, Moving of household goods,
                                           commercial zone will have certain                          Executive Order 13045 titled,                      Seafood.
                                           impacts related principally to air                      ‘‘Protection of Children from                           For reasons set forth in the preamble,
                                           emissions and land use from economic                    Environmental Health Risks and Safety                 FMCSA adopts the interim rule
                                           growth; however, neither of these                       Risks’’ (62 FR 19885, Apr. 23, 1997),                 published February 24, 2016 (81 FR
                                           factors individually or collectively will               requires agencies issuing ‘‘economically              9117), as final without change.


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                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                          33147

                                             Issued pursuant to authority delegated in                2. Click the ‘‘Comment Now!’’ icon,                conservation and management measures
                                           49 CFR 1.87 on: May 17, 2016                            complete the required fields, and                     adopted by the Commission and other
                                           T.F. Scott Darling, III,                                   3. Enter or attach your comments.                  decisions of the Commission. The
                                           Acting Administrator.                                      - OR -                                             WCPFC Implementation Act (16 U.S.C.
                                           [FR Doc. 2016–12184 Filed 5–24–16; 8:45 am]                • Mail: Submit written comments to                 6901 et seq.), authorizes the Secretary of
                                           BILLING CODE 4910–EX–P                                  Michael D. Tosatto, Regional                          Commerce, in consultation with the
                                                                                                   Administrator, NMFS, Pacific Islands                  Secretary of State and the Secretary of
                                                                                                   Regional Office (PIRO), 1845 Wasp                     the Department in which the United
                                                                                                   Blvd., Building 176, Honolulu, HI                     States Coast Guard is operating
                                           DEPARTMENT OF COMMERCE                                                                                        (currently the Department of Homeland
                                                                                                   96818.
                                           National Oceanic and Atmospheric                           Instructions: Comments sent by any                 Security), to promulgate such
                                           Administration                                          other method, to any other address or                 regulations as may be necessary to carry
                                                                                                   individual, or received after the end of              out the obligations of the United States
                                           50 CFR Part 300                                         the comment period, might not be                      under the Convention, including the
                                                                                                   considered by NMFS. All comments                      decisions of the Commission. The
                                           [Docket No. 160322276–6276–01]                          received are a part of the public record              WCPFC Implementation Act further
                                                                                                   and will generally be posted for public               provides that the Secretary of Commerce
                                           RIN 0648–BF93                                                                                                 shall ensure consistency, to the extent
                                                                                                   viewing on www.regulations.gov
                                                                                                   without change. All personal identifying              practicable, of fishery management
                                           International Fisheries; Western and
                                                                                                   information (e.g., name and address),                 programs administered under the
                                           Central Pacific Fisheries for Highly
                                                                                                   confidential business information, or                 WCPFC Implementation Act and the
                                           Migratory Species; Fishing Effort
                                                                                                   otherwise sensitive information                       Magnuson-Stevens Fishery
                                           Limits in Purse Seine Fisheries for
                                                                                                   submitted voluntarily by the sender will              Conservation and Management Act
                                           2016
                                                                                                   be publicly accessible. NMFS will                     (MSA; 16 U.S.C. 1801 et seq.), as well
                                           AGENCY:  National Marine Fisheries                      accept anonymous comments (enter                      as other specific laws (see 16 U.S.C.
                                           Service (NMFS), National Oceanic and                    ‘‘N/A’’ in the required fields if you wish            6905(b)). The Secretary of Commerce
                                           Atmospheric Administration (NOAA),                      to remain anonymous).                                 has delegated the authority to
                                           Commerce.                                                  Copies of the RIR, and the                         promulgate regulations under the
                                           ACTION: Interim rule; request for                       programmatic environmental                            WCPFC Implementation Act to NMFS.
                                           comments.                                               assessment (PEA) and supplemental                     A map showing the boundaries of the
                                                                                                   information report prepared for National              area of application of the Convention
                                           SUMMARY:    This interim rule establishes               Environmental Policy Act (NEPA)                       (Convention Area), which comprises the
                                           a limit for calendar year 2016 on fishing               purposes are available at                             majority of the WCPO, can be found on
                                           effort by U.S. purse seine vessels in the               www.regulations.gov or may be obtained                the WCPFC Web site at: www.wcpfc.int/
                                           U.S. exclusive economic zone (U.S.                      from Michael D. Tosatto, Regional                     doc/convention-area-map.
                                           EEZ) and on the high seas between the                   Administrator, NMFS PIRO (see address                 WCPFC Decision on Tropical Tunas
                                           latitudes of 20° N. and 20° S. in the area              above).
                                           of application of the Convention on the                                                                          At its Twelfth Regular Session, in
                                                                                                   FOR FURTHER INFORMATION CONTACT: Tom                  December 2015, the WCPFC adopted
                                           Conservation and Management of                          Graham, NMFS PIRO, 808–725–5032.
                                           Highly Migratory Fish Stocks in the                                                                           Conservation and Management Measure
                                                                                                   SUPPLEMENTARY INFORMATION:                            (CMM) 2015–01, ‘‘Conservation and
                                           Western and Central Pacific Ocean
                                           (Convention). The limit is 1,828 fishing                Background on the Convention                          Management Measure for Bigeye,
                                           days. This action is necessary for the                                                                        Yellowfin and Skipjack Tuna in the
                                                                                                     The Convention is concerned with the                Western and Central Pacific Ocean.’’
                                           United States to implement provisions                   conservation and management of highly
                                           of a conservation and management                                                                              CMM 2015–01 is the most recent in a
                                                                                                   migratory species (HMS) and the                       series of CMMs for the management of
                                           measure adopted by the Commission for                   management of fisheries for HMS. The
                                           the Conservation and Management of                                                                            tropical tuna stocks under the purview
                                                                                                   objective of the Convention is to ensure,             of the Commission. It is a successor to
                                           Highly Migratory Fish Stocks in the                     through effective management, the long-               CMM 2014–01, adopted in December
                                           Western and Central Pacific Ocean                       term conservation and sustainable use                 2014. These and other CMMs are
                                           (WCPFC or Commission) and to satisfy                    of HMS in the WCPO. To accomplish                     available at: www.wcpfc.int/
                                           the obligations of the United States                    this objective, the Convention                        conservation-and-management-
                                           under the Convention, to which it is a                  established the Commission for the                    measures.
                                           Contracting Party.                                      Conservation and Management of                           The stated general objective of CMM
                                           DATES: Effective on May 25, 2016.                       Highly Migratory Fish Stocks in the                   2015–01 and several of its predecessor
                                           Comments must be submitted in writing                   Western and Central Pacific Ocean                     CMMs is to ensure that the stocks of
                                           by June 24, 2016.                                       (Commission or WCPFC), which                          bigeye tuna (Thunnus obesus),
                                           ADDRESSES: You may submit comments                      includes Members, Cooperating Non-                    yellowfin tuna (Thunnus albacares),
                                           on this document, identified by NOAA–                   members, and Participating Territories                and skipjack tuna (Katsuwonus pelamis)
                                           NMFS–2016–0038, and the regulatory                      (collectively referred to here as                     in the WCPO are, at a minimum,
                                           impact review (RIR) prepared for the                    ‘‘members’’). The United States of                    maintained at levels capable of
                                           interim rule, by either of the following                America is a Member. American Samoa,                  producing their maximum sustainable
                                           methods:                                                Guam, and the Commonwealth of the                     yield as qualified by relevant
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                                              • Electronic submission: Submit all                  Northern Mariana Islands (CNMI) are                   environmental and economic factors.
                                           electronic public comments via the                      Participating Territories.                            The CMM includes specific objectives
                                           Federal e-Rulemaking Portal.                              As a Contracting Party to the                       for each of the three stocks: For each,
                                              1. Go to www.regulations.gov/                        Convention and a Member of the                        the fishing mortality rate is to be
                                           #!docketDetail;D=NOAA-NMFS-2016-                        Commission, the United States                         reduced to or maintained at levels no
                                           0038,                                                   implements, as appropriate,                           greater than the fishing mortality rate


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Document Created: 2018-02-07 15:03:17
Document Modified: 2018-02-07 15:03:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective May 25, 2016.
ContactBryan 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 material to the docket, contact Docket Services, telephone (202) 366- 9826.
FR Citation81 FR 33144 
RIN Number2126-AB86
CFR AssociatedAgricultural Commodities; Buses; Cooperatives; Freight Forwarders; Motor Carriers; Moving of Household Goods and Seafood

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