Demonstration Project on NAFTA Trucking Provisions, 58929-58936 [07-5134]
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Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices
more passengers, including the driver;
or (d) is of any size and is used to
transport hazardous materials as
hazardous materials are defined in 49
CFR 383.5.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued on: October 11, 2007.
Terry Shelton,
Associate Administrator, Research &
Information Technology.
[FR Doc. E7–20490 Filed 10–16–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Availability of Grant Program Funds
for Commercial Driver’s License
Program Improvements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
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AGENCY:
SUMMARY: The Federal Motor Carrier
Safety Administration announces the
availability of Commercial Driver’s
License Program Improvement (CDLPI)
grant funding as authorized by Section
4124 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU). The
program is a discretionary grant
program that provides funding for
improving States’ implementation of the
Commercial Driver’s License (CDL)
program, including expenses for
computer hardware and software,
publications, testing, personnel,
training, and quality control. Grants to
bring States into compliance with the
requirements in 49 CFR parts 383 and
384 will receive priority. Grants made
under this program may not be used to
rent, lease, or buy land or buildings. The
agency in each State designated as the
primary driver licensing agency
responsible for the development,
implementation, and maintenance of the
CDL program is eligible to apply for
grant funding. To apply for funding,
applicants must register with the
grants.gov Web site (https://
www.grants.gov/applicants/
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get_registered.jsp) and submit an
application in accordance with
instructions provided. Applications for
grant funding must be submitted
electronically to the FMCSA through the
grants.gov Web site.
DATES: FMCSA will initially consider
funding for applications submitted by
January 8, 2008, by qualified applicants.
If additional funding remains available,
applications submitted after January 8,
2008, will be considered on a case-bycase basis. Funds will not be available
for allocation until fiscal year 2008
appropriations legislation is passed and
signed into law.
FOR FURTHER INFORMATION CONTACT: Visit
https://www.grants.gov. Information on
the grant, application process, and
additional contact information is
available at that Web site. General
information about the CDLPI grant is
available in The Catalog of Federal
Domestic Assistance (CFDA) which can
be found on the Internet at https://
www.cfda.gov. The CFDA number for
CDLPI is 20.232. You may also contact
Mr. James Davis, Federal Motor Carrier
Safety Administration, Office of Safety
Programs, Commercial Driver’s License
Division (MC–ESL), 202–366–6406,
1200 New Jersey Avenue, SE., Suite
W65–226, Washington, DC 20590.
Office hours are from 8 a.m. to 4:30
p.m., ET, Monday through Friday,
except Federal holidays.
William Quade,
Associate Administrator, Enforcement and
Policy Program Delivery.
[FR Doc. E7–20487 Filed 10–16–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–28055]
Demonstration Project on NAFTA
Trucking Provisions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for public
comment.
AGENCY:
SUMMARY: The FMCSA announces and
requests public comment on data and
information concerning the PreAuthority Safety Audits (PASAs) for
motor carriers that have applied to
participate in the Agency’s project to
demonstrate the ability of Mexicodomiciled motor carriers to operate
safely in the United States beyond the
commercial zones along the U.S.Mexico border. This action is required
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58929
by the ‘‘U.S. Troop Readiness, Veterans’
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007.’’
DATES: Comments must be received on
or before November 1, 2007.
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
https://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, DC 20590.
• 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.
• Fax: 202–493–2251.
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 https://
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 https://
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
milt.schmidt@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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),
(Public Law 110–28). Section 6901 of
the Act requires that certain actions be
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Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices
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 zones).
Section 6901(b)(2)(B)(i) of the Act
requires FMCSA to publish
comprehensive data and information on
the pre-authorization 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 October
9, 2007, five carriers have been granted
authority to operate beyond the border
commercial zones as part of this
demonstration project. However,
FMCSA has chosen to publish for public
comment data and information relating
to all PASAs conducted as of October 9,
2007.
On June 8, 2007, FMCSA published
PASA data for all motor carriers that
had applied to participate in the
demonstration project, based on
information available as of May 31,
2007. The FMCSA announces that the
following Mexico-domiciled motor
carriers in Table 1 have successfully
completed their PASAs since the
publication of the June 8 notice:
TABLE 1
Name of carrier
3 ........................
6 ........................
12 ......................
13 ......................
15 ......................
18 ......................
22 ......................
24 ......................
25 ......................
31 ......................
32 ......................
34 ......................
44 ......................
45 ......................
47 ......................
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Row number in
tables 2 through
4 of the Appendix to today’s
notice
ARTEMIO GUERRERO ZAVALA .........................................................................................................................
GUADALUPE OCON & RUFUGIO ROMO SAUCEDO .......................................................................................
JOSE DAVID RUVALCABA ADAME ...................................................................................................................
´
TRINITY INDUSTRIES DE MEXICO, S. DE R.L. DE C.V. .................................................................................
GCC TRANSPORTE, S.A. DE C.V. .....................................................................................................................
MOISES ALVAREZ PEREZ .................................................................................................................................
VERONICA GONZALEZ & GILBERTO GONZALEZ NUNO ...............................................................................
NOE BASILIO MONTIEL ......................................................................................................................................
QNW DE BAJA SA DE CV ..................................................................................................................................
EDS INTERNACIONAL SA DE CV ......................................................................................................................
OSCAR HILARIO MARTINEZ ..............................................................................................................................
FIDEPAL S DE RL DE IP Y CV ...........................................................................................................................
AVOMEX INTERNACIONAL SA DE CV ..............................................................................................................
AGUIRRE RAMOS JORGE LUIS ........................................................................................................................
TRANSPORTES SELG SA DE CV ......................................................................................................................
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 an additional 20 motor
carriers, in addition to the six motor
carriers published on June 8, 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 October 9,
2007’’ as well as in Table 5 ‘‘Failed PreAuthority Safety Audit (PASA)
Information as of October 9, 2007,’’ 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.
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USDOT
umber
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 PreAuthorization Safety Audit (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
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557217
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650155
677516
736405
786826
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924559
947058
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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 Mexicodomiciled 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.
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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 must:
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 Conductor.
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 G 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, Section VII.
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 management
controls.
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
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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-General).
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)
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58931
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 passed inspection.
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 § 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
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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: October 11, 2007.
John H. Hill,
Administrator.
Appendix
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[FR Doc. 07–5134 Filed 10–16–07; 8:45 am]
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58936
]]>Agencies
[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58929-58936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5134]
-----------------------------------------------------------------------
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), DOT.
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 along
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 November 1, 2007.
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 https://
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,
DC 20590.
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.
Fax: 202-493-2251.
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 https://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 https://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
milt.schmidt@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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), (Public Law 110-28). Section 6901
of the Act requires that certain actions be
[[Page 58930]]
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 zones).
Section 6901(b)(2)(B)(i) of the Act requires FMCSA to publish
comprehensive data and information on the pre-authorization 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 October 9, 2007, five
carriers have been granted authority to operate beyond the border
commercial zones as part of this demonstration project. However, FMCSA
has chosen to publish for public comment data and information relating
to all PASAs conducted as of October 9, 2007.
On June 8, 2007, FMCSA published PASA data for all motor carriers
that had applied to participate in the demonstration project, based on
information available as of May 31, 2007. The FMCSA announces that the
following Mexico-domiciled motor carriers in Table 1 have successfully
completed their PASAs since the publication of the June 8 notice:
Table 1
------------------------------------------------------------------------
Row number in tables 2
through 4 of the Appendix Name of carrier USDOT number
to today's notice
------------------------------------------------------------------------
3.......................... ARTEMIO GUERRERO ZAVALA.... 555995
6.......................... GUADALUPE OCON & RUFUGIO 557217
ROMO SAUCEDO.
12......................... JOSE DAVID RUVALCABA ADAME. 563815
13......................... TRINITY INDUSTRIES DE 610385
MEXICO, S. DE R.L. DE C.V..
15......................... GCC TRANSPORTE, S.A. DE 650155
C.V..
18......................... MOISES ALVAREZ PEREZ....... 677516
22......................... VERONICA GONZALEZ & 736405
GILBERTO GONZALEZ NUNO.
24......................... NOE BASILIO MONTIEL........ 786826
25......................... QNW DE BAJA SA DE CV....... 791091
31......................... EDS INTERNACIONAL SA DE CV. 924559
32......................... OSCAR HILARIO MARTINEZ..... 947058
34......................... FIDEPAL S DE RL DE IP Y CV. 975522
44......................... AVOMEX INTERNACIONAL SA DE 1142107
CV.
45......................... AGUIRRE RAMOS JORGE LUIS... 1286830
47......................... TRANSPORTES SELG SA DE CV.. 1658656
------------------------------------------------------------------------
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 an additional 20 motor
carriers, in addition to the six motor carriers published on June 8,
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
October 9, 2007'' as well as in Table 5 ``Failed Pre-Authority Safety
Audit (PASA) Information as of October 9, 2007,'' 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 Pre-Authorization Safety Audit
(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.
[[Page 58931]]
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
must:
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
Conductor.
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 G 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,
Section VII.
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
management controls.
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-
General).
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
passed inspection.
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
[[Page 58932]]
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: October 11, 2007.
John H. Hill,
Administrator.
Appendix
BILLING CODE 4910-EX-P
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[FR Doc. 07-5134 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-EX-C
