[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Rules and Regulations]
[Pages 63981-63982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30239]
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INTERSTATE COMMERCE COMMISSION
49 CFR Parts 1043 and 1160
[Ex Parte No. 55 (Sub-No. 96)]
Freight Operations by Mexican Motor Carriers--Implementation of
North American Free Trade Agreement
AGENCY: Interstate Commerce Commission.
ACTION: Final rule.
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SUMMARY: This action amends Interstate Commerce Commission (ICC)
regulations relating to motor carrier operating authority and
insurance, in order to implement the second phase of the North American
Free Trade Agreement (NAFTA) relating to land transportation. The
amendments will establish procedures under which Mexican motor carriers
may apply for operating authority to provide service across the United
States-Mexico international boundary line to and from points in
California, Arizona, New Mexico, and Texas. They will also establish
procedures under which persons of Mexico who establish enterprises in
the United States to distribute international cargo in this country may
apply for operating authority.
EFFECTIVE DATE: December 18, 1995.
FOR FURTHER INFORMATION CONTACT: Applications for operating authority
may be obtained by calling the ICC's Automated Response Capability
(ARC) telephone system at (202) 927-7600 and selecting the option for
how to file an application. For additional information, contact either
Bernard Gaillard, (202) 927-5500 or Stanley M. Braverman, (202) 927-
6316. [TDD for the hearing impaired: (202) 927-5721.] To obtain a copy
of the Commission's full decision in this matter, contact D.C. News &
Data Inc., ICC Building, 1201 Constitution Avenue NW., Room 2229,
Washington, DC 20423.
SUPPLEMENTARY INFORMATION: The Commission published a notice of
proposed rulemaking in the Federal Register on October 18, 1995 (60 FR
53894). This notice proposed changes to ICC licensing and insurance
regulations, and it sought comments on a new application form created
to assist in the implementation of the second phase of NAFTA. After
reviewing the comments submitted, we have decided to adopt the proposed
rules. We have made some changes to Form OP-1MX, ``Application for
Operating Authority by Mexican Carriers,'' to correct inadvertent
oversights and to address points made in the comments.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., we
have examined the impact of our action on small businesses and small
organizations. We conclude that our action will not have a substantial
impact upon a significant number of small entities, and that any impact
it may have will be beneficial. We expect that the new application form
designated for Mexican applicants (Form OP-1MX), and the corresponding
regulations, will simplify and clarify the application process. Use of
the existing Form OP-1 for these new applications, by contrast, could
cause confusion and require more work on the part of Mexican carrier
applicants.
Environmental and Energy Considerations
We conclude that our rules will not significantly affect either the
quality of the human environment or the conservation of energy
resources.
List of Subjects
49 CFR Part 1043
Insurance, Motor Carriers, Surety Bonds.
49 CFR Part 1160
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Motor carriers, Moving of household
goods.
Decided: November 30, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen and
Commissioner Simmons.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
parts 1043 and 1160 are amended as set forth below:
PART 1043--SURETY BONDS AND POLICIES OF INSURANCE
1. The authority citation for part 1043 continues to read as
follows:
Authority: 49 U.S.C. 10101, 10321, 11701, 10927; 5 U.S.C. 553.
Sec. 1043.1 [Amended]
2. Section 1043.1, paragraphs (a)(1) and (b) are amended as
follows:
a. In paragraph (a)(1) in the first sentence add the words ``or
foreign (Mexican) motor private carrier or foreign motor carrier
transporting exempt commodities'' after the words ``No common or
contract carrier''.
b. In paragraph (b) in the first sentence add the words ``nor any
foreign (Mexican) common carrier of exempt commodities'' after the
words ``title 49 of the U.S. Code''.
PART 1160--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
3. The authority citation for part 1160 continues to read as
follows:
Authority: 5 U.S.C 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 10101,
10305, 10321, 10921, 10922, 10923, 10924, 10928 and 11102.
4. In Sec. 1160.1 a new paragraph (h) is added to read as follows:
[[Page 63982]]
Sec. 1160.1 Applications governed by these rules.
* * * * *
(h) Applications for Mexican carriers to operate in foreign
commerce as common, contract or private motor carriers of property
(including exempt items) between the U.S./Mexico border, and points in
California, Arizona, New Mexico and Texas.
Sec. 1160.3 [Amended]
5. In Sec. 1160.3, paragraph (a), remove the word ``and'' after the
words ``of household goods;''; add the words ``and Form OP-1MX for
Mexican motor property carriers'' after the words ``for water
carriers''.
Sec. 1160.4 [Amended]
6. Section 1160.4, paragraphs (a)(1) and (d) are amended as
follows:
a. In paragraph (a)(1) add the words ``, Mexican motor property
carriers that perform private carriage and transport exempt items,''
after the words ``(except household goods)''.
b. In paragraph (d) introductory text, add the words ``, including
Mexican carrier applicants'' after the words ``household goods
applications''.
c. In the Note at the end of Sec. 1160.4 add the words ``Form OP-
1MX for Mexican property carriers,'' after the words ``OP-1 for motor
property carriers,''.
7. In Sec. 1160.5 a new paragraph (a)(8) is added to read as
follows:
Sec. 1160.5 Commission review of the applications.
(a) * * *
(8) All applications must be completed in English.
* * * * *
[FR Doc. 95-30239 Filed 12-12-95; 8:45 am]
BILLING CODE 7035-01-P
