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DOT/FMCSA RIN: 2126-AA34 Publication ID: Spring 2004 
Title: Application by Certain Mexico-Domiciled Motor Carriers To Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border 
Abstract: This rulemaking will change FMCSA regulations and the form, OP-1(MX), governing applications by Mexico-domiciled property and passenger carriers who want to operate within the United States beyond the municipalities adjacent to Mexico in Texas, New Mexico, Arizona, and California, and beyond the commercial zones of such municipalities. FMCSA published interim rules in anticipation of a presidential order lifting the current statutory moratorium on authorizing such operations. On November 27, 2002, President Bush modified the moratorium. The form requires additional information about the applicant's business and operating practices, which will help the FMCSA determine if the applicant will be able to meet the safety standards established for operating in interstate commerce in the United States. The interim final rule included requirements that were not part of the NPRM but which were necessary to comply with the fiscal year 2002 DOT Appropriations Act. This action is significant because of substantial public interest. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 365   
Legal Authority: 5 USC 553 and 559    16 USC 1456    49 USC 13101, 13301, and 13901 et seq.    49 USC 31138 and 31144   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/03/2001  66 FR 22371   
NPRM Comment Period End  07/02/2001    
Interim Final Rule (IFR)  03/19/2002  67 FR 12702   
IFR Comment Period End  04/18/2002    
IFR Effective Date  05/03/2002    
Notice of Intent To Prepare EIS   08/26/2003  68 FR 51322   
Scoping Meetings on EIS  10/08/2003  68 FR 58162   
Final Action  To Be Determined    
Additional Information: *On April 21, 2004, the Supreme Court heard arguments on the Ninth Circuit Court's decision that DOT must prepare a full EIS under the National Environmental Policy Act (NEPA), and make state implementation plan conformity determinations under the Clean Air Act (CAA), before permitting Mexican-domiciled carriers to operate in the U.S. On June 7, 2004, the Supreme Court ruled unanimously that DOT can skip the environmental study.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Thomas Kozlowski
Department of Transportation
Federal Motor Carrier Safety Administration
MC-ES, Office of Safety Programs , Room 8314, 400 7th Street SW.,
Washington, DC 20590
Phone:202 366-4049