Pilot Project on NAFTA Trucking Provisions; Pre-Authorization Safety Audits, 63988-63990 [2011-26687]
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices
MASPS:
• MASPS Development Status &
Schedule.
• Date, Place and Time of Next Meeting.
• New Business.
• Other Business.
• Review Action Items/Work Programs.
• Adjourn Plenary Session.
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on October 6,
2011.
Robert L. Bostiga,
Manager, RTCA Advisory Committee.
[FR Doc. 2011–26621 Filed 10-13-11; 8:45 am]
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0097]
Pilot Project on NAFTA Trucking
Provisions; Pre-Authorization Safety
Audits
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:
AGENCY:
Background
On September 12 and 14,
2011, the Federal Motor Carrier Safety
Administration (FMCSA) announced
and requested public comment on data
and information concerning the PreAuthorization Safety Audits (PASAs) for
two motor carriers that applied to
participate in the Agency’s long-haul
pilot program to test and demonstrate
the ability of Mexico-domiciled motor
carriers to operate safely in the United
States beyond the commercial zones on
the United States-Mexico border. This
action is required by the ‘‘U.S. Troop
Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability
Appropriations Act, 2007’’ and all
subsequent appropriations. The Agency
received responses to the PASA notices
from 11 commenters. The purpose of
this notice is to respond to those
comments that were in the scope of the
PASA notice.
ADDRESSES: You may search background
documents or comments to the docket
for this notice, identified by Docket
On July 8, 2011, FMCSA announced
in the Federal Register [76 FR 40420] its
intent to proceed with the initiation of
a United States-Mexico cross-border
long-haul trucking pilot program to test
and demonstrate the ability of Mexicodomiciled motor carriers to operate
safely in the United States beyond the
municipalities and commercial zones
along the United States-Mexico border,
as detailed in the Agency’s April 13,
2011, Federal Register notice [76 FR
20807]. The pilot program is a part of
FMCSA’s implementation of the North
American Free Trade Agreement
(NAFTA) cross-border long-haul
trucking provisions in compliance with
section 6901(b)(2)(B) of the U.S. Troop
Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability
Appropriations Act, 2007 [Pub. L. 110–
28, 121 Stat. 112, 183, May 25, 2007].
In accordance with section
6901(b)(2)(B)(i), FMCSA is required to
publish in the Federal Register, and
provide sufficient opportunity for
public notice and comment,
comprehensive data and information on
the PASAs conducted of motor carriers
domiciled in Mexico that applied for
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; response to public
comments.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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15:20 Oct 13, 2011
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authority to operate beyond the United
States municipalities and commercial
zones on the United States-Mexico
border.
On August 25 and 26, FMCSA
conducted PASAs on two Mexican
carriers: Grupo Behr and Transportes
Olympic. In accordance with section
6901, on September 12 and September
14, FMCSA published notices in the
Federal Register [76 FR 56272, 56868],
in which FMCSA announced that the
two companies had successfully
completed their PASAs and provided an
opportunity for public comment on the
data and information relating to those
PASAs.
In accordance with section 6901,
FMCSA requested public comment from
all interested persons on the PASA
information presented in the notice. All
comments received before the close of
business on the comment closing date
were considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. FMCSA notes that
under its regulations, preliminary grants
of authority, pending the carrier’s
showing of compliance with insurance
and process agent requirements and the
resolution of any protests, are publically
noticed through publication in the
FMCSA Register. Any protests of such
grants must be filed within 10 days of
such publication. No protests for either
Grupo Behr or Transportes Olympic
were received.
Response to Comments
FMCSA received 11 timely comments
on its Federal Register notice. Seven of
the 11 commenters provided general
letters in support of the PASA results.
These included the National Potato
Council, the California Table Grape
Commission, the National Pork
Producers Council, the California Grape
and Tree Fruit League, the Northwest
Horticultural Council, the American
Apparel and Footwear Association, and
the U.S.-Mexico Chamber of Commerce.
Advocates for Highway and Auto
Safety (Advocates), the Owner Operator
Independent Driver Association
(OOIDA), the International Brotherhood
of Teamsters (Teamsters), and Knight
Transportation provided comments
questioning the PASAs for Grupo Behr
and Transportes Olympic. In addition,
these four groups provided more general
comments on the pilot program itself.
Those comments are outside of the
scope of the PASA notices and will not
be addressed in this notice.
PASA Process Issues
OOIDA questioned how PASAs could
be completed so soon after the Office of
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices
the Inspector General (OIG) published
its August 22 report, citing concerns
about the Agency’s PASA process, and
before FMCSA had submitted its report
to Congress in response to the OIG
report.
tkelley on DSK3SPTVN1PROD with NOTICES
FMCSA Response
The OIG advised that FMCSA needed
to finalize plans for how the Agency
will comply with section 350(a) of
Public Law 107–87, requirements to
conduct 50 percent of the PASAs and
compliance reviews in Mexico (section
350 of the Department of Transportation
and Related Agencies Appropriations
Act, 2002 [Pub. L. 107–87, 115 Stat. 833,
864, December 18, 2001]). The OIG did
not question the Agency’s PASA
process. As both the Grupo Behr and
Transportes Olympic PASAs were
conducted in Mexico, the question
raised by the OIG was not at issue. In
addition, the Agency has completed its
plans for ensuring compliance with
section 350(a) since the August 22
report and has provided this
information to the OIG.
FMCSA is required to submit its
report to Congress in advance of
initiating the pilot program, which it
did on October 5, 2011. The Agency
defines the initiation of the pilot
program as the issuance of long-haul
operating authority. FMCSA has not yet
issued long-haul operating authority to
any of the applicants.
Compliance With Section 6901
Advocates, OOIDA, and Teamsters
questioned the level of information
provided in the PASA notices and noted
that section 6901 requires
‘‘comprehensive’’ data to be provided
for notice and comment. Advocates
recommended that the Agency publish
the full records of the PASAs.
Advocates also expressed concern that
the public notice did not allow adequate
time for review and comment.
Advocates and OOIDA expressed
concern that information from Grupo
Behr’s and Transportes Olympic’s
participation in the Agency’s previous
demonstration project was not provided
in the PASA notice. In addition,
Advocates noted that FMCSA failed to
provide public disclosure of information
on the compliance reviews conducted of
these carriers in 2010. Advocates and
Teamsters asked that FMCSA provide
public disclosure of all information on
these carriers that is held by the Agency.
OOIDA provided a list of 14
additional questions to be answered in
the PASA notices and requested that
public information include
identification of the vehicles inspected
during the PASA. Additionally, OOIDA
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15:20 Oct 13, 2011
Jkt 226001
noted that the inspections for the
participating vehicles were not yet in
the Agency’s Safety Measurement
System (SMS).
OOIDA also advised that they
requested copies of the applications for
the two carriers and were denied copies.
FMCSA Response
FMCSA notes that it published the
same categories of information in the
notices for the PASAs conducted during
the 2007–2009 demonstration project,
and provided the same amount of time
for notice and comment. As this is not
a rulemaking action, the Agency does
not agree that a 30 day review period is
required or appropriate.
To facilitate the availability of
information on the pilot program
participants, FMCSA has created a link
on FMCSA’s public Web site—https://
www.fmcsa.dot.gov/intl-programs/
trucking/Trucking-Program.aspx—that
contains pilot program information.
Information on the demonstration
program carriers is also available on this
Web site, including prior compliance
reviews conducted in 2010, the numbers
of trucks and drivers participating under
each carrier, information about numbers
of inspections and the results of those
inspections, FMCSA’s reports on the
monitoring of participating carriers, and
other information about the program.
This Web site also contains copies of the
recent PASAs and further detail,
including identification of the vehicles
inspected and approved for use in the
pilot.
Due to changes to FMCSA’s
information technology systems to
support the pilot program, information
from the previous demonstration project
had to be removed from public view so
that the system could be used for this
pilot program. To ensure the most
comprehensive record is available,
however, FMCSA will make the
demonstration project PASA
information available on the public Web
site.
Inspection information from the
recent PASAs will become available in
SMS during the monthly update
following the upload of the inspections.
FMCSA will also be making the results
of these inspections available on the
public Web site. Going forward, FMCSA
will post copies of OP–1(MX)
applications on its pilot program Web
site at the time of publication of PASA
results. Future PASA notices in the
Federal Register will indicate the
availability of this information on the
Web site. The applications for Grupo
Behr and Olympic have also been added
to this site.
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63989
Grupo Behr
Advocates and Teamsters pointed out
that Grupo Behr’s out-of-service rate is
28.6%, which is higher than the
national average of 20.7%. In addition,
both commenters noted that Grupo
Behr’s vehicle maintenance rating is
45.8%. Advocates further noted that
Grupo Behr had 40 vehicle violations in
the 24 months prior to August 26, 2011.
OOIDA indicated that publicly-available
information indicates that Grupo Behr
has an inadequate safety history.
OOIDA researched the vehicle
identification numbers from inspections
reports and questioned if Grupo Behr
would be using a 1991 Class 8
Freightliner, which does not comply
with the EPA requirement for vehicles
of model year 1998 or later.
OOIDA questioned the safety data
collected on Grupo Behr’s straight
trucks and asked how this is affected by
SMS segmentation. In addition, OOIDA
challenged the accuracy of Grupo Behr’s
vehicle BASIC and alleged that the
event group–the group of carriers that
Grupo Behr is compared against in
SMS–‘‘watered down’’ their scores.
Overall, OOIDA concluded that Grupo
Behr’s inspections indicate a lack of
systemic maintenance.
Advocates asked if the drivers and
vehicles to be used in the pilot program
had been subject to any of Grupo Behr’s
out-of-service orders.
The Teamsters noted that Grupo
Behr’s insurance history has a period
between July 2007 and April 2010
where ‘‘cancelled’’ is listed six times.
Based on this information, the
Teamsters questioned if Grupo Behr will
be able to obtain and maintain
insurance.
FMCSA Response
Based on the information provided by
Advocates, OOIDA, and Teamsters, the
Agency is conducting additional
reviews of Grupo Behr’s inspections and
vehicles. As a result, the Agency will
not issue long-haul operating authority
to Grupo Behr until such time as this
review is complete and the above noted
comments are fully addressed in a
subsequent Federal Register notice.
Transportes Olympic
OOIDA searched media records and
reviewed online data and concluded
that Transportes Olympic is owned by
an individual who also owns two U.S.based enterprise motor carriers. OOIDA
advised that the available safety records
for these U.S. motor carrier companies
show that they are deficient in the
Driver Fitness BASIC. OOIDA expressed
concern that the PASA notice was silent
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Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices
on Transportes Olympic’s possible
affiliations.
OOIDA also alleged that Transportes
Olympic’s scores are artificially low
because law enforcement did not cite
them as out-of-service for certain out-ofservice violations.
Advocates noted that Transportes
Olympic received commercial zone
authority in 2009, but SMS shows no
information on this company. As a
result, Transportes Olympic’s SMS
scores indicate ‘‘insufficient data’’ or
‘‘not public.’’
FMCSA Response
tkelley on DSK3SPTVN1PROD with NOTICES
Issues Outside of the Scope of the PASA
Notice
Commenters raised issues regarding
the pilot program’s design and
implementation and the review of
additional driver’s license information
that are outside of the scope of the
PASA notices. In addition, these issues
were already considered in publishing
the Agency’s July 8, 2011, Federal
Register notice announcing the pilot
program and the Agency’s
Environmental Assessment published
on October 3, 2011 [76 FR 61138]. As a
result, they will not be addressed in this
notice.
15:20 Oct 13, 2011
Federal Railroad Administration
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590 (telephone:
(202) 493–6132). (These telephone
numbers are not toll-free.)
[Docket No. FRA 2011–001–N–14]
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–26687 Filed 10–12–11; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:
In its application and during the
PASA, Transportes Olympic
acknowledged its affiliation with two
U.S. carriers. The safety records of these
two carriers include a large number of
English language proficiency violations,
which provide the basis for the
deficiency in the Driver Fitness BASIC.
In the pilot program, however, FMCSA
is testing participating drivers for
English language proficiency during the
PASA and is only approving drivers
with adequate English language
proficiency for participation.
Accordingly, these violations are not
relevant to the approval of Transportes
Olympic’s application for provisional
operating authority under the pilot
program.
Transportes Olympic received its
commercial zone authority in 2009, but
has not been operating under that
authority in the United States. As a
result, there is no information in
FMCSA’s system on this company.
During the PASA, however, the
company provided information on its
safety management processes that was
validated by the FMCSA auditor.
As a result, FMCSA continues to find
that Transportes Olympics meets the
requirements of the pilot program.
Therefore, FMCSA will issue long-haul
operating authority to this carrier.
VerDate Mar<15>2010
Issued on: October 11, 2011.
Anne S. Ferro,
Administrator.
Jkt 226001
In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than December 13, 2011.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., S.E., Mail Stop 17,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.,
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–0506.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via e-mail to
Mr. Brogan at robert.brogan@dot.gov, or
to Ms. Toone at kim.toone@dot.gov.
Please refer to the assigned OMB control
number in any correspondence
submitted. FRA will summarize
comments received in response to this
notice in a subsequent notice and
include them in its information
collection submission to OMB for
approval.
SUMMARY:
Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
FOR FURTHER INFORMATION CONTACT:
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The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, § 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)–(iv); 5 CFR
1320.8(d)(1)(I)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
currently approved ICR that FRA will
submit for clearance by OMB as
required under the PRA:
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]]>Agencies
[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63988-63990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26687]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0097]
Pilot Project on NAFTA Trucking Provisions; Pre-Authorization
Safety Audits
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; response to public comments.
-----------------------------------------------------------------------
SUMMARY: On September 12 and 14, 2011, the Federal Motor Carrier Safety
Administration (FMCSA) announced and requested public comment on data
and information concerning the Pre-Authorization Safety Audits (PASAs)
for two motor carriers that applied to participate in the Agency's
long-haul pilot program to test and demonstrate the ability of Mexico-
domiciled motor carriers to operate safely in the United States beyond
the commercial zones on the United States-Mexico border. This action is
required by the ``U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007'' and all
subsequent appropriations. The Agency received responses to the PASA
notices from 11 commenters. The purpose of this notice is to respond to
those comments that were in the scope of the PASA notice.
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:
Background
On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a United States-
Mexico cross-border long-haul trucking pilot program to test and
demonstrate the ability of Mexico-domiciled motor carriers to operate
safely in the United States beyond the municipalities and commercial
zones along the United States-Mexico border, as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 [Pub. L. 110-28, 121 Stat. 112, 183, May 25,
2007].
In accordance with section 6901(b)(2)(B)(i), FMCSA is required to
publish in the Federal Register, and provide sufficient opportunity for
public notice and comment, comprehensive data and information on the
PASAs conducted of motor carriers domiciled in Mexico that applied for
authority to operate beyond the United States municipalities and
commercial zones on the United States-Mexico border.
On August 25 and 26, FMCSA conducted PASAs on two Mexican carriers:
Grupo Behr and Transportes Olympic. In accordance with section 6901, on
September 12 and September 14, FMCSA published notices in the Federal
Register [76 FR 56272, 56868], in which FMCSA announced that the two
companies had successfully completed their PASAs and provided an
opportunity for public comment on the data and information relating to
those PASAs.
In accordance with section 6901, FMCSA requested public comment
from all interested persons on the PASA information presented in the
notice. All comments received before the close of business on the
comment closing date were considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. FMCSA notes that under its regulations,
preliminary grants of authority, pending the carrier's showing of
compliance with insurance and process agent requirements and the
resolution of any protests, are publically noticed through publication
in the FMCSA Register. Any protests of such grants must be filed within
10 days of such publication. No protests for either Grupo Behr or
Transportes Olympic were received.
Response to Comments
FMCSA received 11 timely comments on its Federal Register notice.
Seven of the 11 commenters provided general letters in support of the
PASA results. These included the National Potato Council, the
California Table Grape Commission, the National Pork Producers Council,
the California Grape and Tree Fruit League, the Northwest Horticultural
Council, the American Apparel and Footwear Association, and the U.S.-
Mexico Chamber of Commerce.
Advocates for Highway and Auto Safety (Advocates), the Owner
Operator Independent Driver Association (OOIDA), the International
Brotherhood of Teamsters (Teamsters), and Knight Transportation
provided comments questioning the PASAs for Grupo Behr and Transportes
Olympic. In addition, these four groups provided more general comments
on the pilot program itself. Those comments are outside of the scope of
the PASA notices and will not be addressed in this notice.
PASA Process Issues
OOIDA questioned how PASAs could be completed so soon after the
Office of
[[Page 63989]]
the Inspector General (OIG) published its August 22 report, citing
concerns about the Agency's PASA process, and before FMCSA had
submitted its report to Congress in response to the OIG report.
FMCSA Response
The OIG advised that FMCSA needed to finalize plans for how the
Agency will comply with section 350(a) of Public Law 107-87,
requirements to conduct 50 percent of the PASAs and compliance reviews
in Mexico (section 350 of the Department of Transportation and Related
Agencies Appropriations Act, 2002 [Pub. L. 107-87, 115 Stat. 833, 864,
December 18, 2001]). The OIG did not question the Agency's PASA
process. As both the Grupo Behr and Transportes Olympic PASAs were
conducted in Mexico, the question raised by the OIG was not at issue.
In addition, the Agency has completed its plans for ensuring compliance
with section 350(a) since the August 22 report and has provided this
information to the OIG.
FMCSA is required to submit its report to Congress in advance of
initiating the pilot program, which it did on October 5, 2011. The
Agency defines the initiation of the pilot program as the issuance of
long-haul operating authority. FMCSA has not yet issued long-haul
operating authority to any of the applicants.
Compliance With Section 6901
Advocates, OOIDA, and Teamsters questioned the level of information
provided in the PASA notices and noted that section 6901 requires
``comprehensive'' data to be provided for notice and comment. Advocates
recommended that the Agency publish the full records of the PASAs.
Advocates also expressed concern that the public notice did not allow
adequate time for review and comment.
Advocates and OOIDA expressed concern that information from Grupo
Behr's and Transportes Olympic's participation in the Agency's previous
demonstration project was not provided in the PASA notice. In addition,
Advocates noted that FMCSA failed to provide public disclosure of
information on the compliance reviews conducted of these carriers in
2010. Advocates and Teamsters asked that FMCSA provide public
disclosure of all information on these carriers that is held by the
Agency.
OOIDA provided a list of 14 additional questions to be answered in
the PASA notices and requested that public information include
identification of the vehicles inspected during the PASA. Additionally,
OOIDA noted that the inspections for the participating vehicles were
not yet in the Agency's Safety Measurement System (SMS).
OOIDA also advised that they requested copies of the applications
for the two carriers and were denied copies.
FMCSA Response
FMCSA notes that it published the same categories of information in
the notices for the PASAs conducted during the 2007-2009 demonstration
project, and provided the same amount of time for notice and comment.
As this is not a rulemaking action, the Agency does not agree that a 30
day review period is required or appropriate.
To facilitate the availability of information on the pilot program
participants, FMCSA has created a link on FMCSA's public Web site--
https://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx--
that contains pilot program information. Information on the
demonstration program carriers is also available on this Web site,
including prior compliance reviews conducted in 2010, the numbers of
trucks and drivers participating under each carrier, information about
numbers of inspections and the results of those inspections, FMCSA's
reports on the monitoring of participating carriers, and other
information about the program. This Web site also contains copies of
the recent PASAs and further detail, including identification of the
vehicles inspected and approved for use in the pilot.
Due to changes to FMCSA's information technology systems to support
the pilot program, information from the previous demonstration project
had to be removed from public view so that the system could be used for
this pilot program. To ensure the most comprehensive record is
available, however, FMCSA will make the demonstration project PASA
information available on the public Web site.
Inspection information from the recent PASAs will become available
in SMS during the monthly update following the upload of the
inspections. FMCSA will also be making the results of these inspections
available on the public Web site. Going forward, FMCSA will post copies
of OP-1(MX) applications on its pilot program Web site at the time of
publication of PASA results. Future PASA notices in the Federal
Register will indicate the availability of this information on the Web
site. The applications for Grupo Behr and Olympic have also been added
to this site.
Grupo Behr
Advocates and Teamsters pointed out that Grupo Behr's out-of-
service rate is 28.6%, which is higher than the national average of
20.7%. In addition, both commenters noted that Grupo Behr's vehicle
maintenance rating is 45.8%. Advocates further noted that Grupo Behr
had 40 vehicle violations in the 24 months prior to August 26, 2011.
OOIDA indicated that publicly-available information indicates that
Grupo Behr has an inadequate safety history.
OOIDA researched the vehicle identification numbers from
inspections reports and questioned if Grupo Behr would be using a 1991
Class 8 Freightliner, which does not comply with the EPA requirement
for vehicles of model year 1998 or later.
OOIDA questioned the safety data collected on Grupo Behr's straight
trucks and asked how this is affected by SMS segmentation. In addition,
OOIDA challenged the accuracy of Grupo Behr's vehicle BASIC and alleged
that the event group-the group of carriers that Grupo Behr is compared
against in SMS-``watered down'' their scores. Overall, OOIDA concluded
that Grupo Behr's inspections indicate a lack of systemic maintenance.
Advocates asked if the drivers and vehicles to be used in the pilot
program had been subject to any of Grupo Behr's out-of-service orders.
The Teamsters noted that Grupo Behr's insurance history has a
period between July 2007 and April 2010 where ``cancelled'' is listed
six times. Based on this information, the Teamsters questioned if Grupo
Behr will be able to obtain and maintain insurance.
FMCSA Response
Based on the information provided by Advocates, OOIDA, and
Teamsters, the Agency is conducting additional reviews of Grupo Behr's
inspections and vehicles. As a result, the Agency will not issue long-
haul operating authority to Grupo Behr until such time as this review
is complete and the above noted comments are fully addressed in a
subsequent Federal Register notice.
Transportes Olympic
OOIDA searched media records and reviewed online data and concluded
that Transportes Olympic is owned by an individual who also owns two
U.S.-based enterprise motor carriers. OOIDA advised that the available
safety records for these U.S. motor carrier companies show that they
are deficient in the Driver Fitness BASIC. OOIDA expressed concern that
the PASA notice was silent
[[Page 63990]]
on Transportes Olympic's possible affiliations.
OOIDA also alleged that Transportes Olympic's scores are
artificially low because law enforcement did not cite them as out-of-
service for certain out-of-service violations.
Advocates noted that Transportes Olympic received commercial zone
authority in 2009, but SMS shows no information on this company. As a
result, Transportes Olympic's SMS scores indicate ``insufficient data''
or ``not public.''
FMCSA Response
In its application and during the PASA, Transportes Olympic
acknowledged its affiliation with two U.S. carriers. The safety records
of these two carriers include a large number of English language
proficiency violations, which provide the basis for the deficiency in
the Driver Fitness BASIC. In the pilot program, however, FMCSA is
testing participating drivers for English language proficiency during
the PASA and is only approving drivers with adequate English language
proficiency for participation. Accordingly, these violations are not
relevant to the approval of Transportes Olympic's application for
provisional operating authority under the pilot program.
Transportes Olympic received its commercial zone authority in 2009,
but has not been operating under that authority in the United States.
As a result, there is no information in FMCSA's system on this company.
During the PASA, however, the company provided information on its
safety management processes that was validated by the FMCSA auditor.
As a result, FMCSA continues to find that Transportes Olympics
meets the requirements of the pilot program. Therefore, FMCSA will
issue long-haul operating authority to this carrier.
Issues Outside of the Scope of the PASA Notice
Commenters raised issues regarding the pilot program's design and
implementation and the review of additional driver's license
information that are outside of the scope of the PASA notices. In
addition, these issues were already considered in publishing the
Agency's July 8, 2011, Federal Register notice announcing the pilot
program and the Agency's Environmental Assessment published on October
3, 2011 [76 FR 61138]. As a result, they will not be addressed in this
notice.
Issued on: October 11, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-26687 Filed 10-12-11; 11:15 am]
BILLING CODE 4910-EX-P
