[Federal Register: March 24, 2008 (Volume 73, Number 57)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28055]
Demonstration Project on NAFTA Trucking Provisions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
ACTION: Notice; request for public comment.
SUMMARY: The FMCSA announces and requests public comment on data and
information concerning the Pre-Authority Safety Audits (PASAs) for
motor carriers that have applied to participate in the Agency's project
to demonstrate the ability of Mexico-domiciled motor carriers to
operate safely in the United States beyond the commercial zones on the
U.S.-Mexico border. This action is required by the "U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007."
DATES: Comments must be received on or before April 8, 2008.
ADDRESSES: You may submit comments identified by FDMS Docket ID Number
FMCSA-2007-28055 by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington,
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Request for
Comments heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Mr. Milt Schmidt, Division Chief,
North American Borders Division, Telephone (202) 366-4049; e-mail
On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28). Section 6901 of
the Act requires that certain actions be taken by the Department of
Transportation (the Department) as a condition of obligating or
expending appropriated funds to grant authority to Mexico-domiciled
motor carriers to operate beyond United States municipalities and
commercial zones on the United States-Mexico border (border commercial
Section 6901(b)(2)(B)(i) of the Act requires FMCSA to publish
comprehensive data and information on the pre-authority safety audits
(PASAs) conducted before and after the date of enactment of the Act of
motor carriers domiciled in Mexico that are granted authority to
operate beyond the border commercial zones. As of February 7, 2008,
twelve carriers have been granted authority to operate beyond the
border commercial zones as part of this cross-border demonstration
project. However, FMCSA has chosen to publish for public comment data
and information relating to all PASAs conducted as of February 7, 2008.
On October 17, 2007, FMCSA published PASA data for all motor
carriers that had applied to participate in the demonstration project,
based on information available as of October 9, 2007. The FMCSA
announces that the following Mexico-domiciled motor carriers in Table 1
have successfully completed their PASAs and notice of this fact was
published in the FMCSA Register after the publication of the October 17
Row number in Tables 2 through 4
of the Appendix to today's notice Name of carrier USDOT No.
18............................... MANUEL ENCINAS TERAN..... 654499
21............................... ABELARDO TRAHIN.......... 682402
23............................... TRANSPORTADORA TERRESTRE 711276
SA DE CV.
24............................... AUTOTRANSPORTES DE 711282
CONSOLIDACION SA DE CV.
27............................... RODOLFO RAMIREZ HEREDIA 762089
AND RAUL IVAN RAMIREZ.
33............................... TRANSPORTES SOTO E HIJOS 824454
SA DE C V.
35............................... GRUPO BEHR DE BAJA 861744
CALIFORNIA SA DE CV.
38............................... MARTIN KLASSEN KLASSEN... 883602
42............................... MAQUINARIA AGRICOLA DE 974841
NOROESTE SA DE CV.
44............................... WORLD TRAFFIC DE MEXICO 1041549
SA DE CV.
55............................... MARIA DE LOS ANGELES 1162107
58............................... DISTRIBUIDORA AZTECA DEL 1296357
NORTE SA DE CV.
59............................... HECTOR MANUEL ARTEAGA 1334185
60............................... MARIA ISABEL MENDIVIL 1548345
62............................... TRANSLOGISTICA SA DE CV.. 1677817
63............................... OSCAR ARTURO GRAGEDA 1693389
The FMCSA includes as an appendix to this Federal Register notice,
data and information on the PASAs for which the motor carrier
successfully completed the process before the enactment of the Act, and
any completed since then. See Tables 2, 3, and 4 in the appendix. The
appendix also includes information about carriers that failed the PASA
in Table 5. Although failure to successfully complete the PASA
precludes their participation in the project and the Act only requires
publication of data for carriers receiving operating authority, FMCSA
is publishing this information to show that two motor carriers, in
addition to the 26 motor carriers published on October 17, have failed
to meet U.S. safety standards. A narrative description of each column
heading contained within the appendix's Tables 2, 3, and 4,
"Successful Pre-Authority Safety Audit (PASA) Information as of
February 7, 2008" as well as in Table 5 "Failed Pre-Authority Safety
Audit (PASA) Information as of February 7, 2008," is provided below:
A. Row Number in the Appendix: The line in the table on which all
the PASA information concerning the motor carrier is presented.
B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the United States
(U.S.) beyond the border commercial zones and was considered for
participation in the cross-border demonstration project.
C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the power unit. If granted provisional operating authority, the
Mexico domiciled motor carrier will be required to add the suffix "X"
to the ending of its assigned U.S. DOT Number.
D. PASA Scheduled: The date the PASA was scheduled to be initiated.
E. PASA Completed: The date the PASA was completed.
F. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
Supervisor of the Auditor assigned to conduct the PASA and the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. The dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and
guidance. Upon approval, the PASA results are uploaded into the FMCSA
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
G. FMCSA Register: The date the FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
a. Current registration number (e.g., MX-123456);
b. Date the notice was published in the FMCSA Register;
c. The applicant's name and address; and
d. Representative or contact information for the applicant.
H. U.S. Drivers: The total number of drivers the motor carrier
intends to use in the United States.
I. U.S. Vehicles: The total number of power units the motor carrier
intends to operate in the United States.
J. Passed Verification 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40;
b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
c. Verify proof of financial responsibility;
d. Verify records of periodic vehicle inspections; and
e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
K. If No, Which Element Failed: If FMCSA could not verify one or
more of the five mandatory elements outlined in 49 CFR part 365,
appendix A, section III, this column will specify which mandatory
element(s) could not be verified.
Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item J above,
FMCSA will gather information by reviewing a motor carrier's compliance
with "acute and critical" regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so
severe as to require immediate corrective actions by a motor carrier
regardless of the overall basic safety management controls of the motor
carrier. Critical regulations are those where noncompliance relates to
management and/or operational controls. These are indicative of
breakdowns in a carrier's management controls. A list of acute and
critical regulations is included in 49 CFR part 385, appendix B,
Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called "factors." The
regulatory factors are intended to evaluate the adequacy of a carrier's
Factor 5 relates to the transportation of hazardous materials and
was omitted below, as Mexico-domiciled motor carriers that transport
hazardous materials are not permitted to participate in the cross-
border demonstration project.
L. Passed Phase 1, Factor 1: A "yes" in this column indicates the
carrier has successfully met Factor 1 (listed in Part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in Parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
M. Passed Phase 1, Factor 2: A "yes" in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in Parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
N. Passed Phase 1, Factor 3: A "yes" in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in Parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
O. Passed Phase 1, Factor 4: A "yes" in this column indicates the
carrier has successfully met Factor 4, which includes the Vehicle
Requirements outlined in Parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair and Maintenance) and
vehicle inspection and out-of-service data for the last 12 months.
P. Passed Phase 1, Factor 6: A "yes" in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable "accident" is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in: A fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
Q. Number U.S. Vehicles Inspected: The total number of vehicles
(power units and trailers) the motor carrier intends to operate in the
United States that received a vehicle inspection during the PASA.
During a PASA, FMCSA inspected all vehicles that did not display a
current Commercial Vehicle Safety Alliance (CVSA) inspection decal.
This number reflects the vehicles that were inspected, irrespective of
whether the vehicle received a CVSA inspection decal as a result of a
R. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units and trailers) the motor carrier intends
to operate in the United States that received a CVSA inspection decal
as a result of an inspection during the PASA.
S. Number U.S. Vehicles with Current CVSA Decal: The total number
of vehicles (power units and trailers) the motor carrier intends to
operate in the United States that displayed a current CVSA inspection
decal at the time of the PASA.
T. Controlled Substances Collection: Refers to the applicability
and/or country of origin of the controlled substance and alcohol
collection facility that will be used by a motor carrier who has
successfully completed the PASA.
a. "US" means the controlled substance and alcohol collection
facility is based in the United States.
b. "MX" means the controlled substance and alcohol collection
facility is based in Mexico.
c. "Non-CDL" means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec. 383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
U. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the U.S. controlled substances and
alcohol collection facility that will be used by a Mexico-domiciled
motor carrier who has successfully completed the PASA.
Request for Comments
In accordance with the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007,
FMCSA requests public comment from all interested persons on the PASA
information presented in the appendix to this notice. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the address section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, the FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Issued on: March 17, 2008.
John H. Hill,
BILLING CODE 4910-EX-P
[FR Doc. E8-5722 Filed 3-21-08; 8:45 am]
BILLING CODE 4910-EX-C