Notice of Availability of a Draft Environmental Assessment for the City of El Paso, Texas, Commercial Zone Expansion, 2291-2293 [2016-00532]

Download as PDF Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.34 Robert W. Errett, Deputy Secretary. [FR Doc. 2016–00639 Filed 1–14–16; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 35988] mstockstill on DSK4VPTVN1PROD with NOTICES East Penn Railroad, LLC—Lease Exemption Containing Interchange Commitment—Norfolk Southern Railway Company East Penn Railroad, LLC (ESPN), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway Company (NSR) 1.8 miles of rail line located between milepost VE 0.00 and milepost VE 1.80 near Philadelphia, Pa. (the Line). ESPN will be the operator on the Line. ESPN states that it will shortly enter into an agreement with NSR for the lease of the Line. As required by 49 CFR 1150.43(h), ESPN has disclosed in this notice that the lease agreement contains a provision that will enable ESPN to reduce its lease payments by receiving a credit for each car interchanged with NSR.1 ESPN states that it requested the lease credit option in order to provide it with an opportunity to earn lower rental payment so that ESPN will be able to invest in improvements on the Line to increase traffic levels. The affected interchange point is West Falls Yard, Philadelphia, Pa. ESPN has certified that its projected annual revenues as a result of the proposed transaction will not result in ESPN becoming a Class II or Class I rail carrier. ESPN has further certified that its projected annual rail freight revenues from operation of the Line, when combined with ESPN’s projected revenues from current rail freight operations, would not exceed $5 million. ESPN states that it intends to consummate the transaction on or after January 29, 2016, the effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of 34 17 CFR 200.30–3(a)(12). has filed the lease agreement under seal pursuant to 49 CFR 1150.43(h)(1)(ii). 1 ESPN VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 the exemption. Petitions for stay must be filed no later than January 22, 2016 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35988, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Karl Morell, Karl Morell & Associates, Suite 225, 655 15th Street NW., Washington, DC 20005. According to ESPN, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: January 12, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016–00733 Filed 1–14–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 749X)] CSX Transportation, Inc.— Discontinuance of Service Exemption—in Harnett County, NC CSX Transportation, Inc. (CSXT) filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 0.34-mile rail line between mileposts SDS 56.66 and SDS 57.00 (the Line) on its Southern Region, Florence Division, South End Subdivision, in Harnett County, NC. The Line traverses United States Postal Service Zip Code 28334. CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) there is no overhead traffic on the Line that would have to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is pending either with the Surface Transportation Board or any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 2291 discontinuance shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, this exemption will become effective on February 17, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 1 must be filed by January 25, 2016.2 Petitions to reopen must be filed by February 4, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CSXT’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: January 11, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2016–00737 Filed 1–14–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0372] Notice of Availability of a Draft Environmental Assessment for the City of El Paso, Texas, Commercial Zone Expansion Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: 1 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 2 Because this is a discontinuance proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require an environmental review. E:\FR\FM\15JAN1.SGM 15JAN1 2292 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices Notice of availability; request for comments. ACTION: FMCSA announces the availability of a draft Environmental Assessment (EA) prepared for the expansion of the City of El Paso, Texas, commercial zone. The EA was prepared in compliance with the National Environmental Policy Act of 1969 (NEPA); the Council on Environmental Quality Regulations; and FMCSA NEPA Order 5610.1 (NEPA Implementing Procedures and Policy for Considering Environmental Impacts). Interested persons are invited to comment on the draft EA. DATES: Comments on the draft environmental assessment must be received on or before January 28, 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 https://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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 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: Ms. Andrea Pahlevanpour, Environmental Program Analyst, Regulatory Evaluation Division, U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave SE., Washington, DC 20590–0001, Telephone number: 202–366–5370, andrea.pahlevanpour@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Background The County of El Paso submitted a Presidential Permit application on April 14, 2003, to the U.S. Department of State for replacement of the Fabens-Caseta International Bridge (Fabens, Texas connecting Caseta, Chihuahua, Mexico) and port of entry. The Department of State, under its authority under Executive Order 11423, ‘‘Delegation of Functions to Secretary of State Respecting Certain Facilities Constructed and Maintained on United States Borders,’’ 33 FR 11741 (Aug. 16, 1968), for the construction, maintenance, and operation of U.S.Mexico cross-border facilities, issued the Presidential Permit on March 16, 2005. Presidential Permit 05–01 is titled ‘‘Authorizing the County of El Paso, Texas, to Construct, Operate, and Maintain an International Bridge, Its Approaches and Facilities, at the International Boundary Between the United States and Mexico.’’ This permit granted permission, subject to the conditions of the permit, to the County of El Paso, Texas, to construct, operate and maintain an international bridge. The permit noted that the name of the bridge was proposed as the ‘‘TornilloGuadalupe 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. Construction is complete on the United States’ side of the crossing, and non-commercial passenger-vehicle PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 crossings are ongoing at this location. Northbound traffic is using the existing bridge, built in 1938 that is to be destroyed and replaced along with the port-of-entry facilities, with the traffic detoured to the new Tornillo inspection facilities. The construction of facilities, interchanges, and roads on the Mexican side of the border has been delayed but is expected to be completed in the near future. The commercial zone of the City of El Paso, Texas (which had a population of 649,121 as of the 2010 census) is currently defined by the general provisions of 49 CFR Sections 372.239, 372.241 and 372.243. It includes the municipality of the City of El Paso, 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. It also includes ‘‘when the base municipality has a population of 500,000 but less than 1 million, 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 community of Tornillo, Texas, 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. Therefore, these areas are not included as part of the current City of El Paso, Texas commercial zone. FMCSA will expand the City of El Paso, TX, commercial zone to include all unincorporated areas within 15 miles of the corporate boundaries of the City of San Elizario, TX. The City of San Elizario (located southeast of the City of El Paso) was incorporated on November 18, 2013 under the general laws of Texas 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 commercial zone to include those unincorporated areas within 15 miles of the boundaries of San Elizario, the new Tornillo-Guadalupe POE and the roads and highways providing access to the POE will be within the commercial zone of the City of El Paso, TX. Most motor carriers operating entirely in a border commercial zone such as at El Paso are not required to obtain operating authority to perform such transportation. But under 49 U.S.C. 13902(c) and 49 CFR part 368, Mexicodomiciled motor carriers of property must obtain a certificate of registration to operate in border commercial zones. Allowing all of these carriers to continue their operations at El Paso E:\FR\FM\15JAN1.SGM 15JAN1 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES necessitates ensuring that the new bridge and port of entry are in a commercial zone. Issued on: January 7, 2016. T.F. Scott Darling, III, Acting Administrator. Environment NEPA (42 U.S.C. 4371 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 NEPA, the Council on Environmental Quality’s regulations implementing NEPA (40 CFR parts 1500–1508), FMCSA’s NEPA Order 5610.1, NEPA Implementing Procedures and Policy for Considering Environmental Impacts, and other applicable requirements (March 1, 2004 (69 FR 9680)), FMCSA has prepared a draft EA to review the potential impacts of the expansion of the El Paso commercial zone. FMCSA concludes that the action of expanding the existing commercial zone will not impact 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). The impact areas that may be affected and were evaluated in the Draft EA include air quality, noise, socioeconomics, environmental justice, land use public health and safety, and hazardous materials. FMCSA anticipates that expanding the El Paso commercial zone will have certain minor 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 potentially beneficial impacts on the quality of life in terms of job creation. The Draft EA is available for inspection or copying in the Regulations.gov Web site at https:// www.regulations.gov. The draft EA also provides an analysis under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and implementing regulations promulgated by the Environmental Protection Agency. None of the alternatives considered in the Draft EA are located in a nonattainment or maintenance area for any of the criteria pollutants; therefore, FMCSA has determined that it is not required to perform the CAA general conformity analysis. Subject to public notice and comment, FMCSA anticipates issuing a Finding of No Significant Impact (FONSI) related to this action. Issued pursuant to authority delegated in 49 CFR 1.87 on: [FR Doc. 2016–00532 Filed 1–14–16; 8:45 am] VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA–2015–0034] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. The Federal Transit Administration invites public comment about its intention to request the Office of Management and Budget’s (OMB) approval to renew the following information collection: SUMMARY: Bus Testing Program The information to be collected for the Bus Testing Program is necessary to ensure that buses have been tested at the Bus Testing Center for maintainability, reliability, safety, performance (including breaking performance), structural integrity, fuel economy, emissions, and noise. Specifically, this notice invites comment on FTA’s proposal to adopt new streamlined online procedures for accepting and reviewing applications for entry into the New Bus Model Testing Program. The Federal Register notice with a 60-day comment period soliciting comments for the Bus Testing Program was published on November 4, 2015 (Citation 80 FR 213). No comments were received from that notice. DATES: Comments must be submitted before February 16, 2016. A comment to OMB is most effective, if OMB receives it within 30 days of publication. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Office of Management Planning, (202) 366– 0354. SUPPLEMENTARY INFORMATION: Title: Bus Testing Program. OMB Number: 2132–0550. Abstract: The Bus Testing Program is a series of tests performed on new transit vehicles or existing vehicles that have been previously tested, but have undergone significant/major changes to their design. Bus Testing is required by law, for any model bus that will be purchased using federal funds. Before federal funds can be expended, the grantee certifies to FTA that the bus models being procured are compliant PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 2293 with 49 CFR 665 Bus Testing. In turn, FTA grantees delegate the burden of demonstrating compliance to the bus manufacturers. The Bus Testing Program provides assistance to transit bus manufacturers with achieving compliance with the testing requirement. A variety of information is collected from bus manufacturers during the bus testing process. Estimated Total Burden: 205 hours. ADDRESSES: All written comments must refer to the docket number that appears at the top of this document and be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FTA Desk Officer. Comments are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. William Hyre, Deputy Associate Administrator for Administration. [FR Doc. 2016–00715 Filed 1–14–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2015–0179] Pipeline Safety: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: On October 5, 2015, in accordance with the Paperwork Reduction Act of 1995, PHMSA published a notice in the Federal Register (80 FR 60242) inviting comments on information collections titled ‘‘Pipeline Integrity Management in High Consequence Areas Gas Transmission Pipeline Operators; Control Room Management/Human Factors; Integrity Management Program for Gas Distribution Pipelines, and SUMMARY: E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2291-2293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00532]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0372]


Notice of Availability of a Draft Environmental Assessment for 
the City of El Paso, Texas, Commercial Zone Expansion

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 2292]]


ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces the availability of a draft Environmental 
Assessment (EA) prepared for the expansion of the City of El Paso, 
Texas, commercial zone. The EA was prepared in compliance with the 
National Environmental Policy Act of 1969 (NEPA); the Council on 
Environmental Quality Regulations; and FMCSA NEPA Order 5610.1 (NEPA 
Implementing Procedures and Policy for Considering Environmental 
Impacts). Interested persons are invited to comment on the draft EA.

DATES: Comments on the draft environmental assessment must be received 
on or before January 28, 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 https://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: Ms. Andrea Pahlevanpour, Environmental 
Program Analyst, Regulatory Evaluation Division, U.S. Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave SE., Washington, DC 20590-0001, Telephone number: 202-366-
5370, andrea.pahlevanpour@dot.gov. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background

    The County of El Paso submitted a Presidential Permit application 
on April 14, 2003, to the U.S. Department of State for replacement of 
the Fabens-Caseta International Bridge (Fabens, Texas connecting 
Caseta, Chihuahua, Mexico) and port of entry. The Department of State, 
under its authority under Executive Order 11423, ``Delegation of 
Functions to Secretary of State Respecting Certain Facilities 
Constructed and Maintained on United States Borders,'' 33 FR 11741 
(Aug. 16, 1968), for the construction, maintenance, and operation of 
U.S.-Mexico cross-border facilities, issued the Presidential Permit on 
March 16, 2005.
    Presidential Permit 05-01 is titled ``Authorizing the County of El 
Paso, Texas, to Construct, Operate, and Maintain an International 
Bridge, Its Approaches and Facilities, at the International Boundary 
Between the United States and Mexico.'' This permit granted permission, 
subject to the conditions of the permit, to the County of El Paso, 
Texas, 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.
    Construction is complete on the United States' side of the 
crossing, and non-commercial passenger-vehicle crossings are ongoing at 
this location. Northbound traffic is using the existing bridge, built 
in 1938 that is to be destroyed and replaced along with the port-of-
entry facilities, with the traffic detoured to the new Tornillo 
inspection facilities. The construction of facilities, interchanges, 
and roads on the Mexican side of the border has been delayed but is 
expected to be completed in the near future.
    The commercial zone of the City of El Paso, Texas (which had a 
population of 649,121 as of the 2010 census) is currently defined by 
the general provisions of 49 CFR Sections 372.239, 372.241 and 372.243. 
It includes the municipality of the City of El Paso, 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. It also 
includes ``when the base municipality has a population of 500,000 but 
less than 1 million, 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 community of Tornillo, Texas, 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. Therefore, these areas are not included as part of the current 
City of El Paso, Texas commercial zone.
    FMCSA will expand the City of El Paso, TX, commercial zone to 
include all unincorporated areas within 15 miles of the corporate 
boundaries of the City of San Elizario, TX. The City of San Elizario 
(located southeast of the City of El Paso) was incorporated on November 
18, 2013 under the general laws of Texas 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 
commercial zone to include those unincorporated areas within 15 miles 
of the boundaries of San Elizario, the new Tornillo-Guadalupe POE and 
the roads and highways providing access to the POE will be within the 
commercial zone of the City of El Paso, TX. Most motor carriers 
operating entirely in a border commercial zone such as at El Paso are 
not required to obtain operating authority to perform such 
transportation. But under 49 U.S.C. 13902(c) and 49 CFR part 368, 
Mexico-domiciled motor carriers of property must obtain a certificate 
of registration to operate in border commercial zones. Allowing all of 
these carriers to continue their operations at El Paso

[[Page 2293]]

necessitates ensuring that the new bridge and port of entry are in a 
commercial zone.

Environment

    NEPA (42 U.S.C. 4371 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 NEPA, the Council 
on Environmental Quality's regulations implementing NEPA (40 CFR parts 
1500-1508), FMCSA's NEPA Order 5610.1, NEPA Implementing Procedures and 
Policy for Considering Environmental Impacts, and other applicable 
requirements (March 1, 2004 (69 FR 9680)), FMCSA has prepared a draft 
EA to review the potential impacts of the expansion of the El Paso 
commercial zone. FMCSA concludes that the action of expanding the 
existing commercial zone will not impact 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). 
The impact areas that may be affected and were evaluated in the Draft 
EA include air quality, noise, socioeconomics, environmental justice, 
land use public health and safety, and hazardous materials. FMCSA 
anticipates that expanding the El Paso commercial zone will have 
certain minor 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 potentially beneficial impacts on the quality of life 
in terms of job creation. The Draft EA is available for inspection or 
copying in the Regulations.gov Web site at https://www.regulations.gov.
    The draft EA also provides an analysis under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and 
implementing regulations promulgated by the Environmental Protection 
Agency. None of the alternatives considered in the Draft EA are located 
in a nonattainment or maintenance area for any of the criteria 
pollutants; therefore, FMCSA has determined that it is not required to 
perform the CAA general conformity analysis.
    Subject to public notice and comment, FMCSA anticipates issuing a 
Finding of No Significant Impact (FONSI) related to this action.
    Issued pursuant to authority delegated in 49 CFR 1.87 on:

    Issued on: January 7, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-00532 Filed 1-14-16; 8:45 am]
BILLING CODE 4910-EX-P

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