[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20653]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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

INTERSTATE COMMERCE COMMISSION

49 CFR Part 1048

[Ex Parte No. MC-37 (Sub-No. 43)]

 

McAllen, TX Commercial Zone--Passenger Operations

AGENCY: Interstate Commerce Commission.

ACTION: Advance Notice of Proposed Rulemaking.

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

SUMMARY: The City of McAllen, TX (petitioner) has filed a petition 
seeking withdrawal of the commercial zone exemption provided in 49 
U.S.C. 10526(b) so as to subject the local operations of motor 
passenger carriers that traverse the United States-Mexico border within 
the commercial zone of McAllen (and, if appropriate, other cities 
similarly situated) to the regulatory requirements normally applicable 
to the routes, rates, and services of motor carriers of passengers in 
interstate and foreign commerce. Petitioner alleges that the requested 
relief is necessary to alleviate problems of public safety, traffic 
congestion, and unfair competition by exempt foreign passenger carriers 
operating within the commercial zones of border municipalities. 
Petitioner alleges that these problems have been exacerbated by the 
recent passage of the North American Free Trade Agreement (NAFTA). 
Comments in support of the petition were filed by Valley Transit 
Company, Inc., the Railroad Commission of Texas, and the Attorney 
General of the State of Texas. Following receipt of public comments 
resulting from this advance notice of proposed rulemaking (ANPR), 
specific changes to our commercial zone regulations would be proposed 
for comment if we proceed to the notice of proposed rulemaking stage.

DATES: Any person interested in participating in this proceeding as a 
party of record may file comments by October 24, 1994.

ADDRESSES: Send an original and 10 copies of pleadings referring to Ex 
Parte No. MC-37 (Sub-No. 43) to: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, D.C. 20423.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: For a more detailed discussion of the 
current regulations, the issues raised by the petition, and the 
information that we seek, see the Commission's separate decision. To 
obtain a copy of this decision, write to, call, or pick up in person 
from: Office of the Secretary, Room 2215, Interstate Commission, 
Washington, D.C. 20423. Telephone: (202) 927-7428. [Assistance for the 
hearing impaired is available through TDD services (202) 927-5721.]

Regulatory Flexibility Analysis

    Because this is not a notice of proposed rulemaking within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
need not conduct now an examination of its impact on small businesses 
pursuant to that Act. Nevertheless, we welcome any comments regarding 
the small entities considerations embodied in that Act. If we decide to 
issue a notice of proposed rulemaking, we will conduct an appropriate 
Regulatory Flexibility Act examination.

Environmental and Energy Considerations

    Issuance of this ANPR will not significantly affect either the 
quality of the human environment or the conservation of energy 
resources because we merely seek information and are not proposing any 
change in current rules or policy.
    We preliminarily conclude that, even if we subsequently decide to 
grant the relief sought by petitioner, an environmental assessment 
would not be necessary under our regulations because the proposed 
action would not result in changes in carrier operations that exceed 
the thresholds established in our regulations. See 49 CFR 1105.6(c)(2). 
Nonetheless, we invite comments on the environmental and energy impacts 
of petitioner's proposal.

List of Subjects in 49 CFR Part 1048

    Commercial zones, Motor carriers.

    Authority: 49 U.S.C. 10321 and 10526; 5 U.S.C. 553.

    Decided: August 11, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
and Commissioners Simmons and Morgan.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-20653 Filed 8-22-94; 8:45 am]
BILLING CODE 7035-01-P