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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