Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations 63981

S5.3.6.2, each truck tractor

manufactured on or after March 1, 1997

shall stop at least three times within the

12-foot lane, without any part of the

vehicle leaving the roadway.

S5.3.6.1 Using a full-treadle brake

application for the duration of the stop,

stop the vehicle from 30 mph or 75

percent of the maximum drive-through

speed, whichever is less, on a 500- foot

radius curved roadway with a wet level

surface having a peak friction coefficient

of 0.5 when measured on a straight or

curved section of the curved roadway

using an American Society for Testing

and Materials (ASTM) E1136 standard

reference tire, in accordance with ASTM

Method E1337–90, at a speed of 40 mph,

with water delivery.

* * * * *

S5.7.1 Emergency brake system

performance. When stopped six times

for each combination of weight and

speed specified in S5.3.1.1, except for a

loaded truck tractor with an unbraked

control trailer, on a road surface having

a PFC of 0.9, with a single failure in the

service brake system of a part designed

to contain compressed air or brake fluid

(except failure of a common valve,

manifold, brake fluid housing, or brake

chamber housing), the vehicle shall stop

at least once in not more than the

distance specified in Column 5 of Table

II, measured from the point at which

movement of the service brake control

begins, except that a truck-tractor tested

at its unloaded vehicle weight plus up

to 500 pounds shall stop at least once

in not more than the distance specified

in Column 6 of Table II. The stop shall

be made without any part of the vehicle

leaving the roadway, and with

unlimited wheel lockup permitted at

any speed.

* * * * *

Issued on: December 8, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–30375 Filed 12–11–95; 8:45 am]

BILLING CODE 4910–59–P

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.

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.

§ 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 § 1160.1 a new paragraph (h) is

added to read as follows:
63982 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

§ 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.

§ 1160.3 [Amended]

5. In § 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’’.

§ 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 § 1160.4

add the words ‘‘Form OP–1MX for

Mexican property carriers,’’ after the

words ‘‘OP–1 for motor property

carriers,’’.

7. In § 1160.5 a new paragraph (a)(8)

is added to read as follows:

§ 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