Demonstration Project on NAFTA Trucking Provisions, 46963-46973 [E8-18604]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46963-46973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18604]


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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).

ACTION: Notice; request for public comment.

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SUMMARY: 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 August 27, 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 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 19476).
    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), (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 
zones).
    Section 6901(b)(2)(B)(i) of the Act requires FMCSA to publish 
comprehensive data and information on the 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 July 16, 2008, 27 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 July 16, 2008. On March 24, 2008, FMCSA published in 
the Federal Register PASA data for all motor carriers that had applied 
to participate in the demonstration project, based on information 
available as of February 7, 2008 (73 FR 15557). 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 March 24 
notice:

                                 Table 1
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    Row number in Tables 2
 through 4 of the appendix to     Name of carrier          USDOT No.
        today's notice
------------------------------------------------------------------------
22...........................  GOMEZ GARCIA JOSE                  710473
                                LUIS.
24...........................  GRUPO TRANSPORMEX SA               711208
                                DE CV.
63...........................  LUIS EDMUNDO GRIJALVA             1598518
                                GAMEZ.
65...........................  INTERLOGISTICS DE                 1659365
                                MEXICO S DE RL DE CV.
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    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 cross-border demonstration project 
and the Act only requires publication of data for carriers receiving 
operating authority, FMCSA is publishing this information to show that 
4 motor carriers in addition to the 28 motor carriers identified in the 
March 24 notice 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 July 16, 2008'' as well as in Table 5 ``Failed Pre-
Authority Safety Audit (PASA) Information as of July 16, 2008,'' is 
provided below:
    A. Row Number in the Appendix: The line in the table on which all 
the PASA

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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 
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 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 regulations 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)

[[Page 46965]]

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 Act, 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 ADDRESSES 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: August 6, 2008.
John H. Hill,
Administrator.
BILLING CODE 4910-EX-P

Appendix

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[FR Doc. E8-18604 Filed 8-11-08; 8:45 am]
BILLING CODE 4910-EX-C