81 FR 9117 - Commercial Zones at International Border With Mexico
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 36 (February 24, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 36 (February 24, 2016)
| Page Range | 9117-9121 | |
| FR Document | 2016-04029 |
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)] [Rules and Regulations] [Pages 9117-9121] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04029] [[Page 9117]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 372 [Docket No FMCSA-2015-0372] RIN 2126-AB86 Commercial Zones at International Border With Mexico AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; interim final rule and request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA issues a final rule establishing the New Mexico Commercial Zone in Dona Ana County and Luna County, NM. This action is required by the Transportation Equity Act for the 21st Century (TEA- 21). The Agency also issues an interim final rule establishing an expanded commercial zone for the City of El Paso, TX, which now includes the new Tornillo-Guadalupe international bridge and port of entry on the border with Mexico. Additionally, through this action, FMCSA provides clarification on the definition of the San Luis, AZ commercial zone. The Agency is interested in receiving public comments regarding what should constitute the eastern boundary for the FMCSA's commercial zone for the City of El Paso, TX, that would include the new Tornillo-Guadalupe international bridge, port of entry, and public access roads O.T. Smith Road and Texas Farm-to-Market Road 3380 (M.F. Aguilera Highway) to Interstate Highway 10. DATES: Effective Date: The additions of 49 CFR 372.245 (final rule) and 372.247 (interim final rule) are both effective on February 24, 2016. Comment Period Date: Comments only on the amendments to Sec. 372.247 (interim final rule), related to the City of El Paso, TX's commercial zone, must be received on or before March 25, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System Docket ID [FMCSA-2015-0372] using any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 0590-0001. Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 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]. 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). --------------------------------------------------------------------------- \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 one very limited exception for certain drivers. 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). --------------------------------------------------------------------------- Although the promulgation of a rule to establish a commercial zone would ordinarily involve the issuance of a notice of proposed rulemaking and an opportunity for public comment, the Administrative Procedure Act does permit their omission for good cause, when ``notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(B). In addition, a final rule that is ``a substantive rule which grants or recognizes an exemption'' may be made effective on less than the 30 days' notice that is usually required. 5 U.S.C. 553(d). The establishment of the New Mexico Commercial Zone changes is a nondiscretionary ministerial action that can be taken without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act. Due to the imminent opening of the Tornillo-Guadalupe port of entry to commercial traffic to and from Mexico, it is critical that motor carriers, drivers, and law enforcement recognize the expanded commercial zone for the City of El Paso. However, the Agency is still interested in receiving public comments related to establishing boundaries specific to this commercial zone. Therefore, this second action is published as an interim final rule also in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act. [[Page 9118]] Background In the 1930s, the Interstate Commerce Commission (ICC) established commercial zones under authority of the Motor Carrier Act of 1935.\2\ Originally, the ICC defined commercial zones on a case-by-case basis. According to a June 26, 1978, report by the U.S. General Accounting Office titled, ``ICC's Expansion of Unregulated Motor Carrier Commercial Zones Has Had Little or No Effect on Carriers and Shippers, CED-78-124'',\3\ the ICC established a population-mileage formula by rule in 1946,\4\ with the idea that population and mileage ``provided a reasonably accurate definition of commercial zones because urban development normally expands in all directions from the central city.'' Those general rules, which were revised by the ICC in 1976,\5\ are now found at 49 CFR 372.239, 372.241 and 372.243. The ICC also allowed municipalities ``to request specifically defined zones if [the municipalities] believed the territory included by the population- mileage formula was too small.'' A number of such specifically defined commercial zones are established in 49 CFR part 372. --------------------------------------------------------------------------- \2\ For example, see 2 FR 2498, Nov. 18, 1937, ``Los Angeles, Calif. Commercial Zone'' decision, and 2 FR 2500, Nov. 18, 1937, ``Order Relative to Los Angeles, Calif. Commercial Zone.'' \3\ See http://www.gao.gov/assets/130/123259.pdf. \4\ 11 FR 14693, Dec. 27, 1946. \5\ 41 FR 56652, Dec. 29, 1976. --------------------------------------------------------------------------- When the ICC was dissolved (ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803, (December 29, 1995)), its remaining authorities to regulate motor carrier transportation were transferred to the U.S. Department of Transportation's Federal Highway Administration (FHWA) as the successor agency. Responsibility for administration of these authorities was later transferred to FMCSA in the Motor Carrier Safety Improvement Act of 1999, Public Law 106-159, 113 Stat. 1748 (Dec. 9, 1999). New Mexico Commercial Zone Section 4031 of Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 419 (June 9, 1998) (TEA-21) provided for the designation of a New Mexico Commercial Zone, comprised of two counties in New Mexico: Dona Ana County and Luna County. The new zone is limited to use by motor carriers of property. There are two border crossings between Mexico and the United States within this commercial zone; Santa Teresa, and Columbus, NM. This new commercial zone went into effect on the date of enactment of the TEA-21 Act, June 9, 1998. However, FHWA did not codify these changes in its regulations at that time. The responsibilities of the ICC, first transferred to FHWA, were subsequently transferred to FMCSA upon its establishment on January 1, 2000. When FMCSA became aware of the fact that the regulations at 49 CFR part 372, subpart B--Commercial Zones, were not updated to include the New Mexico Commercial Zone comprising these two counties in New Mexico, the Agency included the codification of this commercial zone in the ``Unified Registration System'' (URS) notice of proposed rulemaking.\6\ No comments were received on this issue. However, this codification was not included in the Oct. 23, 2013, final rule.\7\ Today's final rule corrects that oversight. --------------------------------------------------------------------------- \6\ 70 FR 28990, at 29052, May 19, 2005. \7\ 78 FR 52608. --------------------------------------------------------------------------- FMCSA finds that there is good cause for omitting notice and an opportunity for public comment on the rule codifying the New Mexico Commercial Zone. Notice and comment is unnecessary because TEA-21 established the commercial zone in 1998. In any case, an opportunity for public comment was already provided in the URS rulemaking and no comments were received. City of El Paso, TX Commercial Zone The County of El Paso submitted a Presidential Permit application on April 14, 2003, to the U.S. Department of State for review/approval of a replacement port of entry location for the Fabens-Caseta International Bridge (connecting Fabens, TX to Caseta, Chihuahua, Mexico). The Department of State issued the Presidential Permit on March 16, 2005, for the construction, maintenance, and operation of the bridge pursuant to Executive Order 11423, ``Delegation of Functions to Secretary of State Respecting Certain Facilities Constructed and Maintained on United States Borders.'' \8\ --------------------------------------------------------------------------- \8\ 33 FR 11741, Aug. 16, 1968. --------------------------------------------------------------------------- Presidential Permit 05-01 is titled ``Authorizing the County of El Paso, TX, to Construct, Operate, and Maintain an International Bridge, Its Approaches and Facilities, at the International Boundary Between the United States and Mexico.'' This permit, with conditions, granted El Paso County the authority to construct, operate, and maintain an international bridge. The permit noted that the name of the bridge was proposed as the ``Tornillo-Guadalupe New International Bridge.'' The bridge was to be constructed, ``approximately 1,950 feet upstream'' from the existing Fabens-Caseta International Bridge. The permit specified that, ``[T]he proposed Tornillo International Bridge will facilitate passenger vehicles, commercial trucks, and pedestrian traffic.'' In June 2011, the General Services Administration (GSA) announced the kick-off of construction of the new port facility, including a six-lane replacement bridge. The scope of this project required GSA to secure Congressional approval of the project's prospectus. The new bridge and port of entry facilities on both sides of the international border have been completed and were opened to personally owned vehicles and pedestrians on February 4, 2016. The new bridge and port of entry facilities are expected to be opened to commercial traffic in March 2016. The commercial zone of the City of El Paso is currently defined by the general provisions of 49 CFR 372.239, 372.241 and 372.243 to include the municipality, all municipalities contiguous to the City of El Paso, and all other municipalities and all unincorporated areas that are adjacent to the City of El Paso including, ``when the base municipality has a population of 500,000 but less than 1 million [El Paso had a population of 649,121 as of the 2010 census], all unincorporated areas within 15 miles of its corporate limits and all of any other municipality any part of which is within 15 miles of the corporate limits of the base municipality.'' 49 CFR 372.241(c)(6). The unincorporated communities of Tornillo, TX, the intersection \9\ of Interstate Highway 10 with O.T. Smith Road and Texas Farm-to-Market Road 3380 (M.F. Aguilera Highway), as well as the area near the location of the new port of entry, are more than 15 miles from the closest municipal boundary of the City of El Paso. Those areas are thus not included as part of the current El Paso commercial zone. --------------------------------------------------------------------------- \9\ A map depicting the intersection of Interstate 10 with O.T. Smith Road and Farm-to-Market Road 3380 is included in the draft EA's Appendix A as Figure 4 at http://www.regulations.gov/#!documentDetail;D=FMCSA-2015-0372-0001. --------------------------------------------------------------------------- As a result, FMCSA must establish a commercial zone for the City of El Paso that clearly includes the new border crossing, which, unlike the current border crossing, will be used by motor carriers of both property and passengers. The expanded commercial zone must also include the intersection of Interstate 10 with O.T. Smith Road and Texas Farm- to-Market Road 3380 so that trucks and buses that have FMCSA authority to operate only within the current El Paso commercial zone may use the new international bridge and [[Page 9119]] 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 below in new 49 CFR 372.247 includes all of the area presently within the commercial zone under the general rule in 49 CFR 372.241. It adds a provision expanding the zone to include all unincorporated areas within 15 miles of the corporate boundaries of the City of San Elizario. The City of San Elizario (located southeast of the City of El Paso) was incorporated on November 18, 2013, under the general laws of TX and is thus included within the present commercial zone of the City of El Paso because it is within 15 miles of the boundary of the City of El Paso. By expanding the zone to include those unincorporated areas within 15 miles of the boundaries of San Elizario, the new commercial port of entry and the roads and highways providing access to the port of entry will be within the commercial zone of the City of El Paso. This expanded commercial zone \10\ would add 84 square miles to the existing El Paso commercial zone. --------------------------------------------------------------------------- \10\ A map depicting the expanded commercial zone under the EA's alternative 2 is included in the draft EA's Appendix A as Figure 2. --------------------------------------------------------------------------- FMCSA seeks comment on whether the boundary of the expanded commercial zone should instead be the eastern boundary \11\ of the County of El Paso (except where the current commercial zone extends beyond the eastern county boundary--these areas would still be included). This expanded commercial zone alternative would add 106 square miles to the existing commercial zone, about 22 square miles more than the unincorporated areas within 15 miles of the boundaries of San Elizario in this interim final rule. Those are areas not included in either the current or the expanded commercial zone established by this interim final rule. --------------------------------------------------------------------------- \11\ A map depicting the expanded commercial zone under the EA's alternative 3 is included in the draft EA as Figure 3. --------------------------------------------------------------------------- This change will also provide enforcement personnel with the direction needed to determine if motor carriers are operating within the proper commercial zone. In view of the imminent opening of the new port of entry to commercial motor vehicle traffic, FMCSA is establishing this specifically defined commercial zone for the City of El Paso as an interim final rule but, as indicated above, with an opportunity for public comment before the Agency issues a final rule on this commercial zone. FMCSA finds that because of the imminent opening of the expanded port of entry to commercial traffic, it would be in the public interest to issue this interim final rule. Effective Date of Final Rules The final rule recognizing the statutory creation of the New Mexico Commercial Zone and the interim final rule establishing the expanded commercial zone for the City of El Paso either recognize or grant an exemption, and therefore are made effective upon publication, as authorized by 5 U.S.C. 553(d)(1). City of San Luis, AZ Commercial Zone On October 22, 2014, FMCSA received a letter from the Southwest Arizona Port User Association (SWAPUA) requesting confirmation that the City of Yuma, AZ is included in the commercial zone of San Luis, AZ as a ``contiguous municipality'' with the city of San Luis, AZ. The San Luis, AZ commercial zone is not one of the named commercial zones in Part 372. However, San Luis is a ``municipality'' as defined in Sec. 372.239. FMCSA confirmed that the City of San Luis and the City of Yuma have common boundaries and, therefore, are determined to be contiguous. As a result, it is the determination of the FMCSA that the San Luis commercial zone extends throughout the City of Yuma (49 CFR 372.241(b)) and extends 6 air-miles beyond the corporate boundaries of the municipality of San Luis in other areas. No amendment to existing regulation is needed to address the interpretation requested regarding the Cities of San Luis and Yuma, AZ. 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. We expect the final rule and the interim final rule will have no costs, as they exempt motor carriers from obtaining FMCSA operating authority when they operate in interstate or foreign commerce wholly within the New Mexico, or El Paso commercial zones; 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, as discussed earlier in the legal basis section, this action is not subject to notice and comment under section 553(b) of the Administrative Procedure Act.\12\ --------------------------------------------------------------------------- \12\ 5 U.S.C 553(b). --------------------------------------------------------------------------- Unfunded Mandates Reform Act The final rule and interim final rule will 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 and the interim final rule do 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 and interim final rule. Indian Tribal Governments This final rule and interim final rule do 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 [[Page 9120]] responsibilities between the Federal Government and Indian tribes. 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 and interim 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 interim final rule 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). No comments were received by the end of the comment period. 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 expanding the El Paso commercial zone will have certain impacts related principally to air emissions and land use from economic growth; however, neither of these impacts 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. A final EA has been prepared and a Finding of No Significant Impact (FONSI) has been issued for this action. The final EA and FONSI are also available for inspection or copying in the Regulations.gov Web site at http://www.regulations.gov. FMCSA also analyzed this 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 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 and interim 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 and interim 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 and interim final rule are 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 and interim 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 and interim 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 [[Page 9121]] carriers, Moving of household goods, Seafood. For reasons set forth in the preamble, FMCSA amends title 49, Code of Federal Regulations, chapter III, subchapter B, part 372 as follows: PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS 0 1. The authority citation for part 372 is revised to read as follows: Authority: 49 U.S.C. 13504 and 13506; Pub. L. 105-178, sec. 4031, 112 Stat. 418; and 49 CFR 1.87. 0 2. Add Sec. Sec. 372.245 and 372.247 to read as follows: Sec. 372.245 New Mexico Commercial Zone. (a) Transportation within a zone comprised of Dona Ana and Luna Counties, NM, by motor carriers of property, in interstate or foreign commerce, not under common control, management, or arrangement for shipment to or from points beyond such zone is partially exempt from regulation under 49 U.S.C. 13506(b)(1). (b) To the extent that commercial zones of municipalities within the two counties (as determined under Sec. 372.241) extend beyond the boundaries of this two county zone, the areas of such commercial zones shall be considered to be part of the zone and partially exempted from regulation under 49 U.S.C. 13506(b)(1). Sec. 372.247 City of El Paso, TX. The zone adjacent to, and commercially a part of El Paso, TX, within which transportation of passengers or property by motor carriers in interstate or foreign commerce, not under common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond such zone, is partially exempt from regulation under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as follows: (a) The municipality of the City of El Paso, TX; (b) All municipalities which are contiguous to the City of El Paso; (c) All of any other municipalities and all unincorporated areas within the United States which are adjacent to the City of El Paso as follows: (1) Within 15 miles of the corporate limits of the City of El Paso; or (2) Within 15 miles of the corporate limits of the City of San Elizario, TX; and (d) All municipalities wholly surrounded, or so surrounded except for a water boundary, by the City of El Paso, by any municipality contiguous thereto, or by any municipality adjacent thereto which is included in the commercial zone of the City of El Paso under the provisions of paragraph (c) of this section. Issued pursuant to authority delegated in 49 CFR 1.87 on February 22, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-04029 Filed 2-23-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9117
DEPARTMENT OF TRANSPORTATION Washington, DC, between 9 a.m. and 5 entirely in a municipality, in contiguous
p.m., ET, Monday through Friday, municipalities, or in a zone that is
Federal Motor Carrier Safety except Federal holidays. adjacent to, and commercially a part of,
Administration Fax: 1–202–493–2251. the municipality or municipalities,
Each submission must include the except when the transportation is under
49 CFR Part 372 Agency name and the docket number for common control, management, or
this notice. Note that DOT posts all arrangement for a continuous carriage or
[Docket No FMCSA–2015–0372]
comments received without change to shipment to or from a place outside the
RIN 2126–AB86 www.regulations.gov, including any municipality, municipalities, or zone.
personal information included in a The statute does not specify the
Commercial Zones at International comment. Please see the Privacy Act geographic limits of a commercial zone.
Border With Mexico heading below. From the outset commercial zone limits
AGENCY: Federal Motor Carrier Safety Docket: For access to the docket to have usually been established by agency
Administration (FMCSA), DOT. read background documents or rulemaking under authority provided by
comments, go to www.regulations.gov at 49 U.S.C. 13301(a). Authority to
ACTION: Final rule; interim final rule and
any time or visit Room W12–140 on the administer the provisions of 49 U.S.C.
request for comments.
ground level of the West Building, 1200 13506 has been delegated by the
SUMMARY: FMCSA issues a final rule New Jersey Avenue SE., Washington, Secretary to the Administrator of
establishing the New Mexico DC, between 9 a.m. and 5 p.m., Monday FMCSA. 49 CFR 1.87(a)(3).
Commercial Zone in Dona Ana County through Friday, except Federal holidays. Although the promulgation of a rule
and Luna County, NM. This action is The online Federal document to establish a commercial zone would
required by the Transportation Equity management system is available 24 ordinarily involve the issuance of a
Act for the 21st Century (TEA–21). The hours each day, 365 days each year. If notice of proposed rulemaking and an
Agency also issues an interim final rule you want acknowledgment that we opportunity for public comment, the
establishing an expanded commercial received your comments, please include Administrative Procedure Act does
zone for the City of El Paso, TX, which a self-addressed, stamped envelope or permit their omission for good cause,
now includes the new Tornillo- postcard or print the acknowledgement when ‘‘notice and public procedure
Guadalupe international bridge and port page that appears after submitting thereon are impracticable, unnecessary,
of entry on the border with Mexico. comments online. or contrary to the public interest.’’ 5
Additionally, through this action, Privacy Act: In accordance with 5 U.S.C. 553(b)(B). In addition, a final rule
FMCSA provides clarification on the U.S.C. 553(c), DOT solicits comments that is ‘‘a substantive rule which grants
definition of the San Luis, AZ from the public to better inform its or recognizes an exemption’’ may be
commercial zone. The Agency is rulemaking process. DOT posts these made effective on less than the 30 days’
interested in receiving public comments comments, without edit, including any notice that is usually required. 5 U.S.C.
regarding what should constitute the personal information the commenter 553(d).
provides, to www.regulations.gov, as The establishment of the New Mexico
eastern boundary for the FMCSA’s
described in the system of records Commercial Zone changes is a
commercial zone for the City of El Paso,
notice (DOT/ALL–14 FDMS), which can nondiscretionary ministerial action that
TX, that would include the new
be reviewed at www.dot.gov/privacy. can be taken without issuing a notice of
Tornillo-Guadalupe international
FOR FURTHER INFORMATION CONTACT:
proposed rulemaking and receiving
bridge, port of entry, and public access
Bryan Price, Chief, North American public comment, in accordance with the
roads O.T. Smith Road and Texas Farm-
Borders Division, FMCSA, 1200 New good cause exception available to
to-Market Road 3380 (M.F. Aguilera
Federal agencies under the
Highway) to Interstate Highway 10. Jersey Avenue SE., Washington, DC
Administrative Procedure Act.
DATES: Effective Date: The additions of 20590–0001. Telephone (202) 680–4831;
Due to the imminent opening of the
49 CFR 372.245 (final rule) and 372.247 email bryan.price@dot.gov. Tornillo-Guadalupe port of entry to
(interim final rule) are both effective on SUPPLEMENTARY INFORMATION: commercial traffic to and from Mexico,
February 24, 2016. Legal Basis it is critical that motor carriers, drivers,
Comment Period Date: Comments and law enforcement recognize the
only on the amendments to § 372.247 The statutes authorizing FMCSA to expanded commercial zone for the City
(interim final rule), related to the City of regulate certain economic activities of of El Paso. However, the Agency is still
El Paso, TX’s commercial zone, must be motor carriers provide for several interested in receiving public comments
received on or before March 25, 2016. exemptions. One of them, the related to establishing boundaries
ADDRESSES: You may submit comments
‘‘commercial zone’’ exemption, now set specific to this commercial zone.
bearing the Federal Docket Management out in 49 U.S.C. 13506(b)(1), provides Therefore, this second action is
System Docket ID [FMCSA–2015–0372] that, except to the extent FMCSA finds published as an interim final rule also
using any of the following methods: it necessary to exercise jurisdiction to in accordance with the good cause
Federal eRulemaking Portal: Go to carry out the transportation policy of 49 exception available to Federal agencies
http://www.regulations.gov. Follow the U.S.C. 13101, FMCSA has no under the Administrative Procedure
online instructions for submitting jurisdiction under 49 U.S.C. subtitle IV, Act.
comments. part B1 over transportation provided
Mail: Docket Management Facility; operations in commercial zones were exempt from
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1 This commercial zone exemption thus applies
U.S. Department of Transportation, 1200 most safety regulations, but since 1989, such
only to commercial regulations applicable to motor operations have been subject to all of the Federal
New Jersey Avenue SE., West Building carriers, such as the requirements for operating Motor Carrier Safety Regulations, with one very
Ground Floor, Room W12–140, authority set out in 49 U.S.C. 13901–13904 and 49 limited exception for certain drivers. 49 U.S.C.
Washington, DC 0590–0001. CFR parts 365, and 390. Mexico-domiciled motor 31136(f), Federal Motor Carrier Safety Regulations;
carriers operating in commercial zones at the General, 53 FR 18042, 18044–49 (May 19, 1988) and
Hand Delivery or Courier: West international border are required to obtain Federal Motor Carrier Safety Regulations; General;
Building Ground Floor, Room W12–140, certificates of registration under 49 U.S.C. 13902(c) Exempt Intracity Zone; Foreign Motor Carriers, 54
1200 New Jersey Avenue SE., and 49 CFR part 368. At one time, motor carrier FR 12200 (Mar. 24, 1989).
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![9118 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations
Background 1998. However, FHWA did not codify Caseta International Bridge. The permit
In the 1930s, the Interstate Commerce these changes in its regulations at that specified that, ‘‘[T]he proposed Tornillo
Commission (ICC) established time. International Bridge will facilitate
The responsibilities of the ICC, first passenger vehicles, commercial trucks,
commercial zones under authority of the
transferred to FHWA, were and pedestrian traffic.’’ In June 2011,
Motor Carrier Act of 1935.2 Originally,
subsequently transferred to FMCSA the General Services Administration
the ICC defined commercial zones on a
upon its establishment on January 1, (GSA) announced the kick-off of
case-by-case basis. According to a June
2000. When FMCSA became aware of construction of the new port facility,
26, 1978, report by the U.S. General
the fact that the regulations at 49 CFR including a six-lane replacement bridge.
Accounting Office titled, ‘‘ICC’s
part 372, subpart B—Commercial Zones, The scope of this project required GSA
Expansion of Unregulated Motor Carrier
were not updated to include the New to secure Congressional approval of the
Commercial Zones Has Had Little or No
Mexico Commercial Zone comprising project’s prospectus.
Effect on Carriers and Shippers, CED–
these two counties in New Mexico, the The new bridge and port of entry
78–124’’,3 the ICC established a facilities on both sides of the
Agency included the codification of this
population-mileage formula by rule in international border have been
commercial zone in the ‘‘Unified
1946,4 with the idea that population and completed and were opened to
Registration System’’ (URS) notice of
mileage ‘‘provided a reasonably accurate personally owned vehicles and
proposed rulemaking.6 No comments
definition of commercial zones because pedestrians on February 4, 2016. The
were received on this issue. However,
urban development normally expands new bridge and port of entry facilities
this codification was not included in the
in all directions from the central city.’’ are expected to be opened to
Oct. 23, 2013, final rule.7 Today’s final
Those general rules, which were revised commercial traffic in March 2016.
rule corrects that oversight.
by the ICC in 1976,5 are now found at FMCSA finds that there is good cause The commercial zone of the City of El
49 CFR 372.239, 372.241 and 372.243. for omitting notice and an opportunity Paso is currently defined by the general
The ICC also allowed municipalities ‘‘to for public comment on the rule provisions of 49 CFR 372.239, 372.241
request specifically defined zones if [the codifying the New Mexico Commercial and 372.243 to include the
municipalities] believed the territory Zone. Notice and comment is municipality, all municipalities
included by the population-mileage unnecessary because TEA–21 contiguous to the City of El Paso, and
formula was too small.’’ A number of established the commercial zone in all other municipalities and all
such specifically defined commercial 1998. In any case, an opportunity for unincorporated areas that are adjacent
zones are established in 49 CFR part public comment was already provided to the City of El Paso including, ‘‘when
372. in the URS rulemaking and no the base municipality has a population
When the ICC was dissolved (ICC comments were received. of 500,000 but less than 1 million [El
Termination Act of 1995, Public Law Paso had a population of 649,121 as of
104–88, 109 Stat. 803, (December 29, City of El Paso, TX Commercial Zone the 2010 census], all unincorporated
1995)), its remaining authorities to The County of El Paso submitted a areas within 15 miles of its corporate
regulate motor carrier transportation Presidential Permit application on April limits and all of any other municipality
were transferred to the U.S. Department 14, 2003, to the U.S. Department of State any part of which is within 15 miles of
of Transportation’s Federal Highway for review/approval of a replacement the corporate limits of the base
Administration (FHWA) as the port of entry location for the Fabens- municipality.’’ 49 CFR 372.241(c)(6).
successor agency. Responsibility for Caseta International Bridge (connecting The unincorporated communities of
administration of these authorities was Fabens, TX to Caseta, Chihuahua, Tornillo, TX, the intersection 9 of
later transferred to FMCSA in the Motor Mexico). The Department of State issued Interstate Highway 10 with O.T. Smith
Carrier Safety Improvement Act of 1999, the Presidential Permit on March 16, Road and Texas Farm-to-Market Road
Public Law 106–159, 113 Stat. 1748 2005, for the construction, maintenance, 3380 (M.F. Aguilera Highway), as well
(Dec. 9, 1999). and operation of the bridge pursuant to as the area near the location of the new
New Mexico Commercial Zone Executive Order 11423, ‘‘Delegation of port of entry, are more than 15 miles
Functions to Secretary of State from the closest municipal boundary of
Section 4031 of Transportation Equity Respecting Certain Facilities the City of El Paso. Those areas are thus
Act for the 21st Century, Public Law Constructed and Maintained on United not included as part of the current El
105–178, 112 Stat. 419 (June 9, 1998) States Borders.’’ 8 Paso commercial zone.
(TEA–21) provided for the designation Presidential Permit 05–01 is titled As a result, FMCSA must establish a
of a New Mexico Commercial Zone, ‘‘Authorizing the County of El Paso, TX, commercial zone for the City of El Paso
comprised of two counties in New to Construct, Operate, and Maintain an that clearly includes the new border
Mexico: Dona Ana County and Luna International Bridge, Its Approaches and crossing, which, unlike the current
County. The new zone is limited to use Facilities, at the International Boundary border crossing, will be used by motor
by motor carriers of property. There are Between the United States and Mexico.’’ carriers of both property and passengers.
two border crossings between Mexico This permit, with conditions, granted El The expanded commercial zone must
and the United States within this Paso County the authority to construct, also include the intersection of
commercial zone; Santa Teresa, and operate, and maintain an international Interstate 10 with O.T. Smith Road and
Columbus, NM. This new commercial bridge. The permit noted that the name Texas Farm-to-Market Road 3380 so that
zone went into effect on the date of of the bridge was proposed as the trucks and buses that have FMCSA
enactment of the TEA–21 Act, June 9, ‘‘Tornillo-Guadalupe New International authority to operate only within the
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Bridge.’’ The bridge was to be current El Paso commercial zone may
2 For example, see 2 FR 2498, Nov. 18, 1937, ‘‘Los
constructed, ‘‘approximately 1,950 feet use the new international bridge and
Angeles, Calif. Commercial Zone’’ decision, and 2
FR 2500, Nov. 18, 1937, ‘‘Order Relative to Los upstream’’ from the existing Fabens- 9 A map depicting the intersection of Interstate 10
Angeles, Calif. Commercial Zone.’’
with O.T. Smith Road and Farm-to-Market Road
3 See http://www.gao.gov/assets/130/123259.pdf. 6 70 FR 28990, at 29052, May 19, 2005. 3380 is included in the draft EA’s Appendix A as
4 11 FR 14693, Dec. 27, 1946. 7 78 FR 52608. Figure 4 at http://www.regulations.gov/#!document
5 41 FR 56652, Dec. 29, 1976. 8 33 FR 11741, Aug. 16, 1968. Detail;D=FMCSA-2015-0372-0001.
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![Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9121
carriers, Moving of household goods, a water boundary, by the City of El Paso, (80 FR 10250, February 25, 2015) and
Seafood. by any municipality contiguous thereto, inseason adjustment (81 FR 188, January
For reasons set forth in the preamble, or by any municipality adjacent thereto 5, 2016).
FMCSA amends title 49, Code of which is included in the commercial In accordance with § 679.20(d)(1)(i),
Federal Regulations, chapter III, zone of the City of El Paso under the the Regional Administrator has
subchapter B, part 372 as follows: provisions of paragraph (c) of this determined that the A season allowance
section. of the 2016 TAC of pollock in Statistical
PART 372—EXEMPTIONS, Issued pursuant to authority delegated in Area 630 of the GOA will soon be
COMMERCIAL ZONES, AND 49 CFR 1.87 on February 22, 2016. reached. Therefore, the Regional
TERMINAL AREAS T.F. Scott Darling, III, Administrator is establishing a directed
Acting Administrator. fishing allowance of 11,856 mt and is
■ 1. The authority citation for part 372
[FR Doc. 2016–04029 Filed 2–23–16; 8:45 am] setting aside the remaining 600 mt as
is revised to read as follows:
BILLING CODE 4910–EX–P
bycatch to support other anticipated
Authority: 49 U.S.C. 13504 and 13506; groundfish fisheries. In accordance with
Pub. L. 105–178, sec. 4031, 112 Stat. 418; and § 679.20(d)(1)(iii), the Regional
49 CFR 1.87. Administrator finds that this directed
■ 2. Add §§ 372.245 and 372.247 to read DEPARTMENT OF COMMERCE fishing allowance has been reached.
as follows: National Oceanic and Atmospheric Consequently, NMFS is prohibiting
Administration directed fishing for pollock in Statistical
§ 372.245 New Mexico Commercial Zone. Area 630 of the GOA.
(a) Transportation within a zone After the effective date of this closure
50 CFR Part 679
comprised of Dona Ana and Luna the maximum retainable amounts at
Counties, NM, by motor carriers of [Docket No. 140918791–4999–02] § 679.20(e) and (f) apply at any time
property, in interstate or foreign during a trip.
RIN 0648–XE462
commerce, not under common control,
management, or arrangement for Classification
Fisheries of the Exclusive Economic
shipment to or from points beyond such Zone Off Alaska; Pollock in Statistical This action responds to the best
zone is partially exempt from regulation Area 630 in the Gulf of Alaska available information recently obtained
under 49 U.S.C. 13506(b)(1). from the fishery. The Assistant
(b) To the extent that commercial AGENCY: National Marine Fisheries Administrator for Fisheries, NOAA
zones of municipalities within the two Service (NMFS), National Oceanic and (AA), finds good cause to waive the
counties (as determined under Atmospheric Administration (NOAA), requirement to provide prior notice and
§ 372.241) extend beyond the Commerce. opportunity for public comment
boundaries of this two county zone, the ACTION: Temporary rule; closure. pursuant to the authority set forth at 5
areas of such commercial zones shall be U.S.C. 553(b)(B) as such requirement is
considered to be part of the zone and SUMMARY: NMFS is prohibiting directed impracticable and contrary to the public
partially exempted from regulation fishing for pollock in Statistical Area interest. This requirement is
under 49 U.S.C. 13506(b)(1). 630 in the Gulf of Alaska (GOA). This impracticable and contrary to the public
action is necessary to prevent exceeding interest as it would prevent NMFS from
§ 372.247 City of El Paso, TX. the A season allowance of the 2016 total
The zone adjacent to, and responding to the most recent fisheries
allowable catch of pollock for Statistical data in a timely fashion and would
commercially a part of El Paso, TX, Area 630 in the GOA.
within which transportation of delay the closure of directed fishing for
DATES: Effective 1200 hrs, Alaska local pollock in Statistical Area 630 of the
passengers or property by motor carriers time (A.l.t.), February 19, 2016, through
in interstate or foreign commerce, not GOA. NMFS was unable to publish a
1200 hrs, A.l.t., March 10, 2016. notice providing time for public
under common control, management, or
arrangement for a continuous carriage or FOR FURTHER INFORMATION CONTACT: Josh comment because the most recent,
shipment to or from a point beyond Keaton, 907–586–7228. relevant data only became available as
such zone, is partially exempt from SUPPLEMENTARY INFORMATION: NMFS of February 17, 2016.
regulation under 49 U.S.C. 13506(b)(1), manages the groundfish fishery in the The AA also finds good cause to
includes and is comprised of all points GOA exclusive economic zone waive the 30-day delay in the effective
as follows: according to the Fishery Management date of this action under 5 U.S.C.
(a) The municipality of the City of El Plan for Groundfish of the Gulf of 553(d)(3). This finding is based upon
Paso, TX; Alaska (FMP) prepared by the North the reasons provided above for waiver of
(b) All municipalities which are Pacific Fishery Management Council prior notice and opportunity for public
contiguous to the City of El Paso; under authority of the Magnuson- comment.
(c) All of any other municipalities and Stevens Fishery Conservation and This action is required by § 679.20
all unincorporated areas within the Management Act. Regulations governing and is exempt from review under
United States which are adjacent to the fishing by U.S. vessels in accordance Executive Order 12866.
City of El Paso as follows: with the FMP appear at subpart H of 50 Authority: 16 U.S.C. 1801 et seq.
(1) Within 15 miles of the corporate CFR part 600 and 50 CFR part 679.
limits of the City of El Paso; or The A season allowance of the 2016 Dated: February 19, 2016.
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(2) Within 15 miles of the corporate total allowable catch (TAC) of pollock in Jennifer M. Wallace,
limits of the City of San Elizario, TX; Statistical Area 630 of the GOA is Acting Director, Office of Sustainable
and 12,456 metric tons (mt) as established Fisheries, National Marine Fisheries Service.
(d) All municipalities wholly by the final 2015 and 2016 harvest [FR Doc. 2016–03864 Filed 2–19–16; 4:15 pm]
surrounded, or so surrounded except for specifications for groundfish of the GOA BILLING CODE 3510–22–P
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Document Created: 2016-02-23 23:55:52
Document Modified: 2016-02-23 23:55:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; interim final rule and request for comments. | |
| 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] | |
| FR Citation | 81 FR 9117 | |
| RIN Number | 2126-AB86 | |
| CFR Associated | Agricultural Commodities; Buses; Cooperatives; Freight Forwarders; Motor Carriers; Moving of Household Goods and Seafood |
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