[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Pages 51322-51323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21743]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-98-3298 and FMCSA-98-3299]


Programmatic Environmental Impact Statement and General 
Conformity Evaluation for Proposed North American Free Trade Agreement 
Regulations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of intent.

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SUMMARY: The FMCSA is issuing this notice to advise the public a 
Programmatic Environmental Impact Statement (PEIS) will be prepared 
pursuant to the National Environmental Policy Act of 1969 (NEPA) and a 
General Conformity Evaluation will be made pursuant to the Clean Air 
Act (CAA) before promulgation of the FMCSA's proposed regulations 
regarding (1) the application process for Mexico-domiciled motor 
carriers desiring to operate beyond the U.S.-Mexico border commercial 
zones and (2) the safety monitoring system applicable to all Mexico-
domiciled motor carriers.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Rombro, Analysis Division, 
Office of Information Management, (202) 366-1861, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: The FMCSA is responsible for ensuring the 
safe operation of commercial motor vehicles within the United States. 
In carrying out these responsibilities, the FMCSA proposed regulations 
in May 2001 prescribing procedures for applications and safety 
monitoring for Mexico-domiciled carriers seeking authority to operate 
within the United States beyond the border commercial zones pursuant to 
the North American Free Trade Agreement and the anticipated 
modification by the President of the statutory moratorium on the grant 
of operating authority to these carriers. The proposed rules are 
commonly referred to as the ``Application'' and ``Safety Monitoring'' 
rules.
    The FMCSA conducted a Programmatic Environmental Assessment (PEA) 
for the Application and Safety Monitoring rules. Based on the PEA, 
FMCSA concluded a PEIS was not required for these rules because the 
rules did not significantly affect the quality of the human 
environment. The FMCSA issued interim final Application and Safety 
Monitoring rules on March 7, 2002 (see 67 FR 12702 and 67 FR 12758). 
The FMCSA placed the PEA and Finding of No Significant Impact in the 
respective dockets.
    On March 19, 2002, the FMCSA issued an interim final rule 
establishing certification standards for motor carrier safety auditors, 
investigators and inspectors (67 FR 12776). This rule (commonly 
referred to as the ``Certification'' rule) applied to all safety 
audits, inspections and reviews within the FMCSA's jurisdiction, not 
just those involving Mexico-domiciled carriers. Congress mandated this 
rule as part of the Motor Carrier Safety Improvement Act of 1999 (49 
U.S.C. 31148). However, Congress, as part of the Department of 
Transportation Appropriations Act for fiscal year 2002, also made 
issuance of the Certification rule one of several conditions that had 
to be met before FMCSA could expend appropriated funds to process 
applications filed by

[[Page 51323]]

Mexico-domiciled carriers seeking authority to operate in the United 
States beyond the border commercial zones. The FMCSA determined the 
Certification rule was not subject to environmental analysis due to a 
categorical exclusion.
    A group of labor, industry, and environmental organizations sought 
review of the regulations in the United States Court of Appeals for the 
Ninth Circuit, alleging FMCSA had violated NEPA and the CAA. The Ninth 
Circuit ruled a PEIS and General Conformity Evaluation under the CAA 
were required. The Court also determined the Certification rule did not 
fall within any of the existing DOT categorical exclusions and 
therefore, the court held DOT acted arbitrarily and capriciously by 
failing to conduct any environmental analysis.
    In light of the Ninth Circuit's opinion, the FMCSA intends to 
prepare a PEIS pursuant to NEPA and perform a General Conformity 
Evaluation pursuant to the CAA for the Application and Safety 
Monitoring rules. The PEIS will be developed pursuant to the Council on 
Environmental Quality (CEQ) regulations, 40 CFR 1500 et seq., and DOT 
Order 5610.1C, which supplements the CEQ regulations by applying them 
to DOT programs. The General Conformity Evaluation will be conducted 
pursuant to the U.S. Environmental Protection Agency's general 
conformity regulations, 40 CFR parts 51 and 93.
    The FMCSA is currently preparing an Environmental Assessment (EA) 
for the Certification rule. Should the EA determine an EIS is required 
for the Certification rule, a supplemental Notice of Intent will be 
issued.
    A letter describing the proposed regulations and soliciting 
comments will be sent to all appropriate Federal, State, local, and 
tribal agencies, as well as to private organizations and individuals 
who have expressed an interest in this matter. Interagency and public 
scoping meetings will be scheduled in the near future. Public notice 
will be given, providing the time and place of the meetings.
    To ensure the full range of issues related to these proposed 
regulations are addressed and all significant issues identified, 
comments and suggestions are invited from all interested parties. 
Comments or questions concerning the proposed regulations and the PEIS 
should be directed to the FMCSA at the above address.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction, and Number 20.218 National Motor 
Carrier Safety (MCSAP). The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)
    Issued on: August 20, 2003.
Annette M. Sandberg,
Administrator.
[FR Doc. 03-21743 Filed 8-25-03; 8:45 am]
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