Commercial Zones at International Border With Mexico, 33144-33147 [2016-12184]

Download as PDF Lhorne on DSK30JT082PROD with RULES 33144 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations inspection file) and also provides online access via the system’s own Web site to back-up political file material in the event the online file becomes temporarily unavailable. Apart from these minor exceptions, the R&O does not adopt new or modified public inspection file requirements. The Commission’s goal was simply to adapt the existing cable public file requirements to an online format. 47 CFR 76.1700 requires cable system operators to place the public inspection file materials required to be retained by the following rules in the online public file hosted by the Commission, with the exception of existing political file material which cable systems may continue to retain in their local public file until the end of the retention period: 76.1701 (political file), 76.1702 (EEO), 76.1703 (commercial records for children’s programming), 76.1705 (performance tests—channels delivered); 76.1707 (leased access); and 76.1709 (availability of signals), 76.1710 (operator interests in video programming), 76.1715 (sponsorship identification), and 76.630 (compatibility with consumer electronics equipment). Cable systems with fewer than 5,000 subscribers may continue to retain their political file locally and are not required to upload new political file material to the online public file until March 1, 2018. In addition, cable systems may elect to retain the material required by 76.1708 (principal headend) locally rather than placing this material in the online public file. 47 CFR 76.1700(b) requires cable system operators to make the records required to be retained by the following rules available to local franchising authorities: 76.1704 (proof-ofperformance test data) and 76.1713 (complaint resolution). 47 CFR 76.1700(c) requires cable system operators to make the records required to be retained by the following rules available to the Commission: 76.1704 (proof-of-performance test data), 76.1706 (signal leakage logs and repair records), 76.1711 (emergency alert system and activations), 76.1713 (complaint resolution), and 76.1716 (subscriber records). 47 CFR 76.1700(d) exempts cable television systems having fewer than 1,000 subscribers from the online public file and the public inspection requirements contained in 47 CFR 76.1701 (political file); 76.1702 (equal employment opportunity); 76.1703 (commercial records for children’s programming); 76.1704 (proof-ofperformance test data); 76.1706 (signal VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 leakage logs and repair records); and 76.1715 (sponsorship identifications). 47 CFR 76.1700(e) requires that public file material that continues to be retained at the system be retained in a public inspection file maintained at the office which the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business or at any accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney’s office). Public files must be available for public inspection during regular business hours. 47 CFR 76.1700(f) requires cable systems to provide a link to the public inspection file hosted on the Commission’s Web site from the home page of its own Web site, if the system has a Web site, and provide contact information on its Web site for a system representative who can assist any person with disabilities with issues related to the content of the public files. A system also is required to include in the online public file the address of the system’s local public file, if the system retains documents in the local file that are not available in the Commission’s online file, and the name, phone number, and email address of the system’s designated contact for questions about the public file. In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the system. 47 CFR 76.1700(g) requires that cable operators make any material in the public inspection file that is not also available in the Commission’s online file available for machine reproduction upon request made in person, provided the requesting party shall pay the reasonable cost of reproduction. Requests for machine copies must be fulfilled at a location specified by the system operator, within a reasonable period of time, which in no event shall be longer than seven days. The system operator is not required to honor requests made by mail but may do so if it chooses. 47 CFR 76.1702(a) requires that every employment unit with six or more fulltime employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission and the equal employment opportunity program information described in 47 CFR 76.1702(b). These materials shall be placed in the Commission’s online public inspection file for each cable system associated with the employment unit. These materials must be placed in the Commission’s online public PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 inspection file annually by the date that the unit’s EEO program annual report is due to be filed and shall be retained for a period of five years. A headquarters employment unit file and a file containing a consolidated set of all documents pertaining to the other employment units of a multichannel video programming distributor that operates multiple units shall be maintained in the Commission’s online public file for every cable system associated with the headquarters employment unit. Special note—The information collection requirements contained in 47 CFR 76.630 was approved by the OMB on March 21, 2016 under a nonsubstantive change submission. The OMB control number is 3060–0667. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2016–11693 Filed 5–24–16; 8:45 am] BILLING CODE 6712–01–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: 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 TornilloGuadalupe 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 bryan.price@dot.gov. If you have questions on viewing or submitting SUMMARY: E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 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). 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 Lhorne on DSK30JT082PROD with RULES 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). VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 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 Farmto-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. 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. 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 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. 3 A map depicting the expanded commercial zone under the EA’s alternative 3 is included in the final EA as Figure 3. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 33145 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 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. 45 U.S.C 553(b). E:\FR\FM\25MYR1.SGM 25MYR1 33146 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES 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 VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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. E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 160322276–6276–01] RIN 0648–BF93 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2016 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim rule; request for comments. AGENCY: This interim rule establishes a limit for calendar year 2016 on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone (U.S. EEZ) and on the high seas between the latitudes of 20° N. and 20° S. in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). The limit is 1,828 fishing days. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party. DATES: Effective on May 25, 2016. Comments must be submitted in writing by June 24, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2016–0038, and the regulatory impact review (RIR) prepared for the interim rule, by either of the following methods: • Electronic submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20160038, Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 2. Click the ‘‘Comment Now!’’ icon, complete the required fields, and 3. Enter or attach your comments. - OR • Mail: Submit written comments to Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, might not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name and address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the RIR, and the programmatic environmental assessment (PEA) and supplemental information report prepared for National Environmental Policy Act (NEPA) purposes are available at www.regulations.gov or may be obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO (see address above). FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808–725–5032. SUPPLEMENTARY INFORMATION: Background on the Convention The Convention is concerned with the conservation and management of highly migratory species (HMS) and the management of fisheries for HMS. The objective of the Convention is to ensure, through effective management, the longterm conservation and sustainable use of HMS in the WCPO. To accomplish this objective, the Convention established the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC), which includes Members, Cooperating Nonmembers, and Participating Territories (collectively referred to here as ‘‘members’’). The United States of America is a Member. American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI) are Participating Territories. As a Contracting Party to the Convention and a Member of the Commission, the United States implements, as appropriate, PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 33147 conservation and management measures adopted by the Commission and other decisions of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Department in which the United States Coast Guard is operating (currently the Department of Homeland Security), to promulgate such regulations as may be necessary to carry out the obligations of the United States under the Convention, including the decisions of the Commission. The WCPFC Implementation Act further provides that the Secretary of Commerce shall ensure consistency, to the extent practicable, of fishery management programs administered under the WCPFC Implementation Act and the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce has delegated the authority to promulgate regulations under the WCPFC Implementation Act to NMFS. A map showing the boundaries of the area of application of the Convention (Convention Area), which comprises the majority of the WCPO, can be found on the WCPFC Web site at: www.wcpfc.int/ doc/convention-area-map. WCPFC Decision on Tropical Tunas At its Twelfth Regular Session, in December 2015, the WCPFC adopted Conservation and Management Measure (CMM) 2015–01, ‘‘Conservation and Management Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central Pacific Ocean.’’ CMM 2015–01 is the most recent in a series of CMMs for the management of tropical tuna stocks under the purview of the Commission. It is a successor to CMM 2014–01, adopted in December 2014. These and other CMMs are available at: www.wcpfc.int/ conservation-and-managementmeasures. The stated general objective of CMM 2015–01 and several of its predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at levels capable of producing their maximum sustainable yield as qualified by relevant environmental and economic factors. The CMM includes specific objectives for each of the three stocks: For each, the fishing mortality rate is to be reduced to or maintained at levels no greater than the fishing mortality rate E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33144-33147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12184]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 bryan.price@dot.gov. 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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ A map depicting the expanded commercial zone under the EA's 
alternative 3 is included in the final EA as Figure 3.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \4\ 5 U.S.C 553(b).
---------------------------------------------------------------------------

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