Demonstration Project on NAFTA Trucking Provisions, 58929-58936 [07-5134]

Download as PDF 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. sroberts on PROD1PC70 with NOTICES 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 (http:// www.grants.gov/applicants/ VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 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 http://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 http:// 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 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 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 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, 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 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 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 E:\FR\FM\17OCN1.SGM 17OCN1 58930 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 ...................... sroberts on PROD1PC70 with NOTICES 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. VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 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 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 555995 557217 563815 610385 650155 677516 736405 786826 791091 924559 947058 975522 1142107 1286830 1658656 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. E:\FR\FM\17OCN1.SGM 17OCN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices 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 VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 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) PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17OCN1.SGM 17OCN1 58932 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices 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 sroberts on PROD1PC70 with NOTICES BILLING CODE 4910–EX–P VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1 VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4725 E:\FR\FM\17OCN1.SGM 17OCN1 58933 EN17OC07.027</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices VerDate Aug<31>2005 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices 19:05 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4725 E:\FR\FM\17OCN1.SGM 17OCN1 EN17OC07.028</GPH> sroberts on PROD1PC70 with NOTICES 58934 VerDate Aug<31>2005 19:10 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4725 E:\FR\FM\17OCN1.SGM 17OCN1 58935 EN17OC07.029</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices [FR Doc. 07–5134 Filed 10–16–07; 8:45 am] BILLING CODE 4910–EX–C VerDate Aug<31>2005 19:10 Oct 16, 2007 Jkt 214001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1 EN17OC07.030</GPH> sroberts on PROD1PC70 with NOTICES 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 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, 
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 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 
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

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[FR Doc. 07-5134 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-EX-C