Pilot Project on NAFTA Trucking Provisions; Commercial Driver's License Memorandum of Understanding with the Government of Mexico, 63344-63346 [2011-26442]
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63344
Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Notices
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The meetings will be accessible to
persons with disabilities. If special
services, such as an interpreter or sign
language services, are needed, please
contact Mr. Michael P. Anderson, New
York State Department of
Transportation.
Written comments on the scope of the
EIS can be sent to Michael P. Anderson,
Project Director, New York State
Department of Transportation, 4 Burnett
Boulevard, Poughkeepsie, New York
12603.
Comments on the scope of the EIS can
be submitted by 5 p.m. on November 15,
2011.
6. FHWA Procedures
The EIS is being prepared in
accordance with the National
Environmental Policy Act of 1969
(NEPA), as amended, and implemented
by the Council on Environmental
Quality (CEQ) regulations (40 CFR Parts
1500 to 1508) and FHWA environmental
impact regulations (23 CFR Part 771)
and the FHWA statewide planning/
metropolitan planning regulations (23
CFR Part 450) and Section 6002 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act—A Legacy
for Users (SAFETEA–LU) of 2005. This
EIS will also comply with requirements
of the Section 106 of the National
Historic Preservation Act of 1966, as
amended, Section 4(f) of the U.S.
Department of Transportation Act of
1966, the 1990 Clean Air Act
Amendments, the Rivers and Harbors
Act of 1899, the Coastal Zone
Management Act of 1972, Executive
Order 12898 (Federal Actions to
Address Environmental Justice in
Minority and Low-Income Populations),
Executive Order 11990 (Protection of
Wetlands), and other applicable federal
laws, rules, and regulations.
This EIS will also satisfy
environmental review requirements of
the New York State Environmental
Quality Review Act (SEQRA; 6 NYCRR
Part 617). Consistent with 6 NYCRR Part
617.15, this NOI eliminates the need for
a positive declaration under SEQRA.
Regulations implementing NEPA as
well as provisions of SAFETEA–LU call
for enhanced agency and public
involvement in the EIS process. An
invitation to all Federal and non-Federal
agencies and Native American tribes
that may have an interest in the
proposed project will be extended. In
the event that an agency or tribe is not
invited and would like to participate,
please contract Michael P. Anderson at
the contact information listed above. A
Coordination Plan will be developed
summarizing how the public and
agencies will be engaged in the process.
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The plan will be posted to the project
Web site (https://www.tzbsite.com). The
public coordination and outreach efforts
will include public meetings, open
houses, a project Web site, stakeholder
advisory and work groups, and public
hearings.
The project sponsor may identify a
locally preferred alternative in the DEIS
when made available for public and
agency comments. Public hearings on
the DEIS will be held in Rockland and
Westchester Counties. On the basis of
the DEIS and the public and agency
comments received, the Project Sponsor
will identify the locally preferred
alternative in the FEIS. The FEIS will
serve as the basis for federal and state
environmental findings and
determinations needed to conclude the
environmental review process.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Issued on October 12, 2011.
Jonathan D. McDade,
New York Division Administrator, Federal
Highway Administration.
[FR Doc. 2011–26280 Filed 10–11–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No FMCSA–2011–0097]
Pilot Project on NAFTA Trucking
Provisions; Commercial Driver’s
License Memorandum of
Understanding with the Government of
Mexico
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice.
AGENCY:
Since entering into a
Memorandum of Understanding (MOU)
with Mexico on November 21, 1991, on
the equivalency of a Mexican Licencia
Federal de Conductor (LF) and a
commercial driver’s license (CDL)
issued in the United States, the U.S.
motor carrier safety regulations have
recognized the LF as equivalent to a
CDL. As the Federal Motor Carrier
Safety Administration (FMCSA)
explained in its Federal Register notice
of April 13, 2011 (the April Notice),
proposing the requirements for the
United States-Mexico cross border longhaul trucking pilot program, the
Secretary of Transportation will accept
SUMMARY:
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only three areas of Mexican regulation
as being equivalent to U.S. regulations.
One of those areas is the reciprocal
recognition of the LF and the CDL.
In the Agency’s July 8, 2011, Federal
Register notice (the July Notice),
however, FMCSA recognized concerns
about the on-going acceptance of the
existing CDL MOU and committed to
site visits at Mexican driver training,
testing, and licensing locations prior to
beginning the pilot program to review
Mexico’s on-going compliance with the
terms of the current MOU. The Agency
agreed to post reports of these visits on
the FMCSA pilot program Web site at
http:/www.fmcsa.dot.gov/intl-programs/
trucking/Trucking-Program.aspx. The
Agency also added copies of the 1991
MOU regarding CDL reciprocity to the
docket for the pilot program.
This notice is provided to summarize
the results of the site visits and make
interested parties aware that the report
has been posted on the pilot program
Web site and added to the docket for
this pilot program.
You may search background
documents or comments to the docket
for this notice, identified by docket
number FMCSA–2011–0097, by visiting
the:
• eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for reviewing documents
and comments. Regulations.gov is
available electronically 24 hours each
day, 365 days a year; or
• DOT Docket Room: Room W12–140
on the ground floor of the DOT
Headquarters Building at 1200 New
Jersey Avenue, SE., Washington, DC
20590 between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays.
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 Privacy Act System of
Records Notice for the DOT Federal
Docket Management System published
in the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8–785.pdf.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001. Telephone (512) 916–5440 Ext.
228; e-mail marcelo.perez@dot.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Notices
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Background
In FMCSA’s April Notice (76 FR
20807) proposing the requirements for
the United States-Mexico cross border
long-haul trucking pilot program, the
Agency explained that the Secretary of
Transportation will accept only three
areas of Mexican regulations as being
equivalent to U.S. regulations. One of
these areas is the set of regulations
governing the licensing requirements for
the operation of commercial motor
vehicles (CMVs). The United States’
acceptance of a Mexican LF for CMV
operations in the United States dates
back to November 21, 1991, when the
Federal Highway Administrator, who
oversaw CMVs at the time, determined
that the Mexican LF is equivalent to a
CDL issued by a State in the United
States, revised the Federal motor carrier
safety regulations to recognize the
Mexican LF, and entered into an MOU
with Mexico that memorialized the
equivalency findings. In its April
Notice, FMCSA explained that the
Agency is in the process of updating
this MOU.
As part of this process, on February
17, 2011, representatives from FMCSA,
the Commercial Vehicle Safety Alliance
and the American Association of Motor
Vehicle Administrators visited a
Mexican driver license facility, medical
qualification facility, and test and
inspection location. During these site
visits, FMCSA and its partner
organizations observed Mexico to have
rigorous requirements for knowledge
and skills testing that are similar to
those in the United States. In addition,
Mexico requires that all new
commercial drivers undergo training
prior to testing and requires additional
retraining each time the license is
renewed.
In addition, in the Agency’s July
Notice (76 FR 40420), FMCSA
recognized concerns about the on-going
acceptance of the existing CDL MOU. It
committed to additional site visits to
Mexican driver training, testing, and
licensing locations prior to beginning
the pilot program to review Mexico’s
on-going compliance with the terms of
the current MOU. The Agency agreed to
post reports of these visits on the
FMCSA pilot program Web site at http:/
www.fmcsa.dot.gov/intl-programs/
trucking/Trucking-Program.aspx. The
Agency also added the 1991 MOU
regarding CDL reciprocity to the docket
for the pilot program.
The MOU Testing Requirements
The MOU requires that before
obtaining an LF, a driver must pass a
knowledge test. The areas covered in
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17:43 Oct 11, 2011
Jkt 226001
that test must be comparable to those in
49 CFR part 383. In addition, the test
must have at least 80 questions and a
driver must have a minimum score of 80
percent to pass. The tests must be
administered separately for each LF
class. The MOU also requires that before
obtaining an LF, a driver must pass a
skills test that is comparable to that in
49 CFR part 383. The skills test must be
given in a CMV that is representative of
the LF class of license sought. Lastly,
the skills test must be conducted in onstreet or a combination of on/off street
conditions.
During the review process, FMCSA
learned that until April 21, 2010,
commercial driver’s license testing was
conducted by both the Government of
Mexico’s Secretaria de Comunicaciones
y Transportes (SCT) and private
Mexican training centers. Since April
21, 2010, however, a driver must take
his/her test at a private training center
rather than directly from SCT. As a
result, while some Mexican drivers have
LFs based on testing from SCT, others
have LFs based on testing by private
training centers.
SCT Testing
FMCSA reviewed the database of
questions SCT used in its tests and
confirmed that it covered the required
subject matter. FMCSA also confirmed
the number of questions on the SCT test,
that SCT imposed the required passing
rate of 80 percent, that SCT conducted
skills tests in representative vehicles,
and that a portion of SCT skills test
included a demonstration of skills on
the highway. Therefore, FMCSA is
confident that SCT-issued tests are in
compliance with the CDL MOU.
Training Center Testing
Per SCT, there are 204 SCT-certified
training schools for first issuance LFs in
Mexico. Similar to the United States,
some of the certified training schools are
public and others are training centers
run by trucking companies.
Representatives from FMCSA visited
nine training centers in Mexico in
Nuevo Laredo, Tuiltitlan, Veracruz,
Guadaljara, Tijuana (two schools),
Monterrey, Tlaxcala and Mexico City.
FMCSA selected these cities based on
the number of international LFs issued
and renewed in these locations, the
number of cargo drivers trained in the
cities, the number of training centers
they cover, the number of LFs from the
cities that are verified in the United
States via the Commercial Driver’s
License Information System check, and
their general populations. Other factors
considered in selecting specific
locations included the number of main
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63345
trade corridors linking each location,
their geographical position, and
proximity to the U.S. border. The
Tlaxcala training center was selected to
represent training centers outside of
large urban areas in Mexico.
Prior to the visits, FMCSA requested
from SCT a list of drivers who were
trained at the centers between July 2010
and June 2011. The drivers selected
were first time LF applicants for an LF
Class B international license. The list
included close to 30,000 drivers. The
review team randomly selected and
reviewed driver files at each of the
training centers and the SCT field
offices to determine compliance with
the requirements of the MOU. The
review team visited each training center
to document whether drivers trained
and tested there had to pass a
knowledge and skills test as prescribed
in the MOU. The review team also
visited the SCT Field Office
corresponding to each of the training
centers. The reviewers confirmed that
drivers were licensed to operate the
same class of vehicles on which they
were trained.
Based on its review of the nine
schools, FMCSA determined that while
the schools were close to full
compliance with the terms of the MOU,
there are improvements needed in the
schools’ testing to ensure consistent
compliance. Specifically, FMCSA
discovered two schools that had passing
scores below the required 80 percent
threshold; one school with 71 questions
on its exam; and several schools that
missed one or two of the required 20
subject matter areas. The report
detailing the site visits is available at the
Agency’s Web site for the pilot program
at https://www.fmcsa.dot.gov/intlprograms/trucking/TruckingProgram.aspx. In addition, the report
has been added to the docket for the
pilot program.
FMCSA shared the results of the
report with SCT. SCT has committed to
sending out information to all of the
testing centers, reminding them of the
MOU requirements and to requiring
corrective action from the testing
centers visited. In addition, in six
months, FMCSA will be revisiting the
training centers reviewed in the report
as well as additional sites to confirm
compliance with the MOU.
FMCSA does not believe that the
findings described above compel any
modifications to the pilot program’s
driver qualification standards
established in the MOU. To implement
the program in a manner that will
ensure compliance with those standards
and the safety of drivers seeking to
participate in the pilot program, the
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Notices
Agency will approve only those drivers
who were tested by SCT. If a driver’s
original test was conducted by a private
training center rather than by SCT, the
driver will be required to be retested by
SCT before he/she may be approved for
the pilot program. SCT has agreed to
conduct such testing for the pilot
program participant drivers.
Issued on: October 6, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–26442 Filed 10–7–11; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Transit Administration
Environmental Impact Statement,
Tappan Zee Bridge/I–287 Corridor
Project (Rockland and Westchester
Counties, New York)
Federal Highway
Administration (FHWA), Federal
Transit Administration (FTA), United
States Department of Transportation
(USDOT).
ACTION: Rescinded Notice of Intent.
AGENCY:
The FHWA and FTA are
issuing this rescinded notice to advise
the public that the FHWA and FTA will
not be preparing an Environmental
Impact Statement (EIS) for the proposed
Tappan Zee Bridge/I–287 Corridor
project involving approximately 30
miles of Interstate 287 between
Hillburn/Suffern, Rockland County,
New York and Port Chester, Westchester
County, New York including the
Tappan Zee Bridge over the Hudson
River. The Tappan Zee Bridge/I–287
Corridor project considered alternatives
for highway, bridge, and transit
improvements along the 30-mile
Interstate 287 corridor. A Notice of
Intent (NOI) to prepare an Alternatives
Analysis (AA) and EIS was published in
the Federal Register on December 23,
2002. A Revised NOI to prepare a tiered
EIS was published in the Federal
Register on February 14, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael P. Anderson, Project Director,
New York State Department of
Transportation, 4 Burnett Boulevard,
Poughkeepsie, New York 12603,
Telephone: 518–810–9864; Jonathan
McDade, Division Administrator,
Federal Highway Administration, New
York Division, Leo W. O’Brien Federal
Building, 7th Floor, Clinton Avenue and
North Pearl Street, Albany, New York
12207, Telephone: (518) 431–4127; or
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:43 Oct 11, 2011
Jkt 226001
Anthony Carr, Region II Acting
Administrator, Federal Transit
Administration, One Bowling Green,
Room 429, New York, New York 10004,
Telephone: (1212) 668–2170.
SUPPLEMENTARY INFORMATION: On
December 23, 2002, the FHWA and
FTA, in cooperation with the New York
State Thruway Authority (NYSTA) and
Metro-North Commuter Railroad, a
subsidiary of the Metropolitan
Transportation Authority (MTA/MNR)
issued an Notice of Intent (NOI) to
prepare an Alternatives Analysis (AA)
and Environmental Impact Statement
(EIS) for the I–287 Corridor in Rockland
and Westchester Counties, New York.
The AA explored a number of options
to rehabilitate or replace the Tappan Zee
Bridge over the Hudson River and to
provide new transit service between
Rockland and Westchester Counties
with continuing service to New York
City.
In February 2008, FHWA and FTA
issued a revised NOI to advise the
public of lead agency roles; outline how
the provisions of SAFETEA–LU 6002
would be met; update interested parties
regarding the approach to prepare and
EIS; provide updated information on the
proposed project, purpose and need;
and range of alternatives; and re-invite
participation in project scoping and
announce the dates and announce the
dates and times for public scoping
meetings. The revised NOI announced
that a Tiered EIS would be prepared to
assess alternatives developed and
advanced for further study. The Tiered
EIS would include a Tier 1 transit
analysis of general alignment and mode
choice while simultaneously assessing
site specific impacts, cost, and
mitigation measures in a Tier 2 EIS for
bridge and highway elements of the
project. The February 14, 2008 NOI also
identified the New York State
Department of Transportation
(NYSDOT) as another sponsoring
agency for the NEPA review and the
State project manager.
Because of the current economic
realities which severely limit financing
capability, FHWA, NYSTA, and
NYSDOT propose to terminate the
Tappan Zee Bridge/I–287 Corridor
Tiered EIS and advance a project that
will address the needs of the Tappan
Zee Hudson River crossing alone.
Transit improvements will not be
considered.
The new project will be as analyzed
in a new EIS that considers alternatives
for the Hudson River crossing between
Rockland and Westchester Counties,
New York. Prior completed studies will
be used to inform the new EIS process
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
and all reasonable alternatives under
consideration for the project would not
preclude cross-Hudson commuter rail
and bus rapid transit services in the
future.
FHWA and FTA will terminate efforts
to secure a Tier 1 Record of Decision on
the transit improvements, and would
advance the corridor and transit
improvements through appropriate
planning and environmental studies in
the future as circumstances and finances
dictate. Any such future action will be
progressed under a separate
environmental review, in accordance
with all applicable laws and regulations.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Issued on: September 26, 2011.
Jonathan D. McDade,
New York Division Administrator, Federal
Highway Administration.
Anthony Carr,
Region II Acting Administrator, Federal
Transit Administration.
[FR Doc. 2011–26489 Filed 10–11–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Notice of Delays in Processing of
Special Permits Applications
Office of Hazardous Materials
Safety, Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
List of Applications Delayed
more than 180 days.
ACTION:
In accordance with the
requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list
of special permit applications that have
been in process for 180 days or more.
The reason(s) for delay and the expected
completion date for action on each
application is provided in association
with each identified application.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ryan Paquet, Director, Office of
Hazardous Materials Special Permits
and Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, East
Building, PHH–30, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001, (202) 366–4535.
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Agencies
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Notices]
[Pages 63344-63346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26442]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No FMCSA-2011-0097]
Pilot Project on NAFTA Trucking Provisions; Commercial Driver's
License Memorandum of Understanding with the Government of Mexico
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Since entering into a Memorandum of Understanding (MOU) with
Mexico on November 21, 1991, on the equivalency of a Mexican Licencia
Federal de Conductor (LF) and a commercial driver's license (CDL)
issued in the United States, the U.S. motor carrier safety regulations
have recognized the LF as equivalent to a CDL. As the Federal Motor
Carrier Safety Administration (FMCSA) explained in its Federal Register
notice of April 13, 2011 (the April Notice), proposing the requirements
for the United States-Mexico cross border long-haul trucking pilot
program, the Secretary of Transportation will accept only three areas
of Mexican regulation as being equivalent to U.S. regulations. One of
those areas is the reciprocal recognition of the LF and the CDL.
In the Agency's July 8, 2011, Federal Register notice (the July
Notice), however, FMCSA recognized concerns about the on-going
acceptance of the existing CDL MOU and committed to site visits at
Mexican driver training, testing, and licensing locations prior to
beginning the pilot program to review Mexico's on-going compliance with
the terms of the current MOU. The Agency agreed to post reports of
these visits on the FMCSA pilot program Web site at http:/
www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. The
Agency also added copies of the 1991 MOU regarding CDL reciprocity to
the docket for the pilot program.
This notice is provided to summarize the results of the site visits
and make interested parties aware that the report has been posted on
the pilot program Web site and added to the docket for this pilot
program.
ADDRESSES: You may search background documents or comments to the
docket for this notice, identified by docket number FMCSA-2011-0097, by
visiting the:
eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for reviewing documents and comments.
Regulations.gov is available electronically 24 hours each day, 365 days
a year; or
DOT Docket Room: Room W12-140 on the ground floor of the
DOT Headquarters Building at 1200 New Jersey Avenue, SE., Washington,
DC 20590 between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.
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
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey Avenue, SE., Washington, DC 20590-
0001. Telephone (512) 916-5440 Ext. 228; e-mail marcelo.perez@dot.gov.
SUPPLEMENTARY INFORMATION:
[[Page 63345]]
Background
In FMCSA's April Notice (76 FR 20807) proposing the requirements
for the United States-Mexico cross border long-haul trucking pilot
program, the Agency explained that the Secretary of Transportation will
accept only three areas of Mexican regulations as being equivalent to
U.S. regulations. One of these areas is the set of regulations
governing the licensing requirements for the operation of commercial
motor vehicles (CMVs). The United States' acceptance of a Mexican LF
for CMV operations in the United States dates back to November 21,
1991, when the Federal Highway Administrator, who oversaw CMVs at the
time, determined that the Mexican LF is equivalent to a CDL issued by a
State in the United States, revised the Federal motor carrier safety
regulations to recognize the Mexican LF, and entered into an MOU with
Mexico that memorialized the equivalency findings. In its April Notice,
FMCSA explained that the Agency is in the process of updating this MOU.
As part of this process, on February 17, 2011, representatives from
FMCSA, the Commercial Vehicle Safety Alliance and the American
Association of Motor Vehicle Administrators visited a Mexican driver
license facility, medical qualification facility, and test and
inspection location. During these site visits, FMCSA and its partner
organizations observed Mexico to have rigorous requirements for
knowledge and skills testing that are similar to those in the United
States. In addition, Mexico requires that all new commercial drivers
undergo training prior to testing and requires additional retraining
each time the license is renewed.
In addition, in the Agency's July Notice (76 FR 40420), FMCSA
recognized concerns about the on-going acceptance of the existing CDL
MOU. It committed to additional site visits to Mexican driver training,
testing, and licensing locations prior to beginning the pilot program
to review Mexico's on-going compliance with the terms of the current
MOU. The Agency agreed to post reports of these visits on the FMCSA
pilot program Web site at http:/www.fmcsa.dot.gov/intl-programs/
trucking/Trucking-Program.aspx. The Agency also added the 1991 MOU
regarding CDL reciprocity to the docket for the pilot program.
The MOU Testing Requirements
The MOU requires that before obtaining an LF, a driver must pass a
knowledge test. The areas covered in that test must be comparable to
those in 49 CFR part 383. In addition, the test must have at least 80
questions and a driver must have a minimum score of 80 percent to pass.
The tests must be administered separately for each LF class. The MOU
also requires that before obtaining an LF, a driver must pass a skills
test that is comparable to that in 49 CFR part 383. The skills test
must be given in a CMV that is representative of the LF class of
license sought. Lastly, the skills test must be conducted in on-street
or a combination of on/off street conditions.
During the review process, FMCSA learned that until April 21, 2010,
commercial driver's license testing was conducted by both the
Government of Mexico's Secretaria de Comunicaciones y Transportes (SCT)
and private Mexican training centers. Since April 21, 2010, however, a
driver must take his/her test at a private training center rather than
directly from SCT. As a result, while some Mexican drivers have LFs
based on testing from SCT, others have LFs based on testing by private
training centers.
SCT Testing
FMCSA reviewed the database of questions SCT used in its tests and
confirmed that it covered the required subject matter. FMCSA also
confirmed the number of questions on the SCT test, that SCT imposed the
required passing rate of 80 percent, that SCT conducted skills tests in
representative vehicles, and that a portion of SCT skills test included
a demonstration of skills on the highway. Therefore, FMCSA is confident
that SCT-issued tests are in compliance with the CDL MOU.
Training Center Testing
Per SCT, there are 204 SCT-certified training schools for first
issuance LFs in Mexico. Similar to the United States, some of the
certified training schools are public and others are training centers
run by trucking companies. Representatives from FMCSA visited nine
training centers in Mexico in Nuevo Laredo, Tuiltitlan, Veracruz,
Guadaljara, Tijuana (two schools), Monterrey, Tlaxcala and Mexico City.
FMCSA selected these cities based on the number of international LFs
issued and renewed in these locations, the number of cargo drivers
trained in the cities, the number of training centers they cover, the
number of LFs from the cities that are verified in the United States
via the Commercial Driver's License Information System check, and their
general populations. Other factors considered in selecting specific
locations included the number of main trade corridors linking each
location, their geographical position, and proximity to the U.S.
border. The Tlaxcala training center was selected to represent training
centers outside of large urban areas in Mexico.
Prior to the visits, FMCSA requested from SCT a list of drivers who
were trained at the centers between July 2010 and June 2011. The
drivers selected were first time LF applicants for an LF Class B
international license. The list included close to 30,000 drivers. The
review team randomly selected and reviewed driver files at each of the
training centers and the SCT field offices to determine compliance with
the requirements of the MOU. The review team visited each training
center to document whether drivers trained and tested there had to pass
a knowledge and skills test as prescribed in the MOU. The review team
also visited the SCT Field Office corresponding to each of the training
centers. The reviewers confirmed that drivers were licensed to operate
the same class of vehicles on which they were trained.
Based on its review of the nine schools, FMCSA determined that
while the schools were close to full compliance with the terms of the
MOU, there are improvements needed in the schools' testing to ensure
consistent compliance. Specifically, FMCSA discovered two schools that
had passing scores below the required 80 percent threshold; one school
with 71 questions on its exam; and several schools that missed one or
two of the required 20 subject matter areas. The report detailing the
site visits is available at the Agency's Web site for the pilot program
at https://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. In addition, the report has been added to the docket for
the pilot program.
FMCSA shared the results of the report with SCT. SCT has committed
to sending out information to all of the testing centers, reminding
them of the MOU requirements and to requiring corrective action from
the testing centers visited. In addition, in six months, FMCSA will be
revisiting the training centers reviewed in the report as well as
additional sites to confirm compliance with the MOU.
FMCSA does not believe that the findings described above compel any
modifications to the pilot program's driver qualification standards
established in the MOU. To implement the program in a manner that will
ensure compliance with those standards and the safety of drivers
seeking to participate in the pilot program, the
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Agency will approve only those drivers who were tested by SCT. If a
driver's original test was conducted by a private training center
rather than by SCT, the driver will be required to be retested by SCT
before he/she may be approved for the pilot program. SCT has agreed to
conduct such testing for the pilot program participant drivers.
Issued on: October 6, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-26442 Filed 10-7-11; 11:15 am]
BILLING CODE 4910-EX-P