Commercial Zones at International Border With Mexico |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
February 24, 2016
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9117-9121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04029]
[[Page 9117]]
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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.
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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 bryan.price@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
The statutes authorizing FMCSA to regulate certain economic
activities of motor carriers provide for several exemptions. One of
them, the ``commercial zone'' exemption, now set out in 49 U.S.C.
13506(b)(1), provides that, except to the extent FMCSA finds it
necessary to exercise jurisdiction to carry out the transportation
policy of 49 U.S.C. 13101, FMCSA has no jurisdiction under 49 U.S.C.
subtitle IV, part B\1\ over transportation provided entirely in a
municipality, in contiguous municipalities, or in a zone that is
adjacent to, and commercially a part of, the municipality or
municipalities, except when the transportation is under common control,
management, or arrangement for a continuous carriage or shipment to or
from a place outside the municipality, municipalities, or zone. The
statute does not specify the geographic limits of a commercial zone.
From the outset commercial zone limits have usually been established by
agency rulemaking under authority provided by 49 U.S.C. 13301(a).
Authority to administer the provisions of 49 U.S.C. 13506 has been
delegated by the Secretary to the Administrator of FMCSA. 49 CFR
1.87(a)(3).
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\1\ This commercial zone exemption thus applies only to
commercial regulations applicable to motor carriers, such as the
requirements for operating authority set out in 49 U.S.C. 13901-
13904 and 49 CFR parts 365, and 390. Mexico-domiciled motor carriers
operating in commercial zones at the international border are
required to obtain certificates of registration under 49 U.S.C.
13902(c) and 49 CFR part 368. At one time, motor carrier operations
in commercial zones were exempt from most safety regulations, but
since 1989, such operations have been subject to all of the Federal
Motor Carrier Safety Regulations, with 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).
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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.
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\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.
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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.
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\6\ 70 FR 28990, at 29052, May 19, 2005.
\7\ 78 FR 52608.
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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\
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\8\ 33 FR 11741, Aug. 16, 1968.
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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.
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\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.
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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.
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\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.
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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.
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\11\ A map depicting the expanded commercial zone under the EA's
alternative 3 is included in the draft EA as Figure 3.
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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\
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\12\ 5 U.S.C 553(b).
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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