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DOT/FMCSA RIN: 2126-AA34 Publication ID: Spring 2009 
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 would change FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It would also revise the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form would require additional information about the applicant´s business and operating practices to allow the FMCSA to determine if the applicant can meet the safety standards established for operating in interstate commerce in the United States. Carriers that had previously submitted an application would have to submit the updated form. These changes are needed to implement part of the North American Free Trade Agreement (NAFTA). On January 16, 2003, the Ninth Circuit Court remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 20, 2003. 
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    16 USC 1456    49 USC 13101    49 USC 31138    49 USC 31144    5 USC 559    49 USC 13301    49 USC 13901 et seq   
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 an EIS   08/26/2003  68 FR 51322   
EIS Public Scoping Meetings  10/08/2003  68 FR 58162   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Dominick Spataro
Chief, Borders Division
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Ave., SE,
Washington, DC 20590
Phone:202 266-2995
Email: dom.spataro@dot.gov