Pilot Project on NAFTA Trucking Provisions, 73765-73769 [2011-30735]

Download as PDF Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices trailer-mounted electronic brake controllers provides a level of safety that is equivalent to the level of safety achieved without the exemption. As noted earlier, the use of a trailermounted electronic brake controller does not alter the braking capability of a trailer equipped with electric brakes; instead, it alters the method by which the trailer’s electric brakes are applied. The Agency emphasizes that the exemption should not be construed as an exception to the brake performance requirements under § 393.52; motor carriers using trailer-mounted electric brake controllers must ensure that any commercial motor vehicle, or combination of commercial motor vehicles, complies with the brake performance requirements under § 393.52 when operated in interstate commerce. FMCSA has decided to grant Innovative Electronics’ exemption application. The FMCSA encourages any party, including Innovative Electronics, having information that motor carriers utilizing this exemption are not achieving the requisite level of safety immediately to notify the Agency. If safety is being compromised, or if the continuation of the exemption is not consistent with 49 U.S.C. 31315(b) and 31136(e), FMCSA will take immediate steps to revoke the temporary exemption. Terms and Conditions for the Exemption Based on its evaluation of the application for an exemption, FMCSA has decided to grant Innovative Electronics’ exemption application. The Agency believes that the level of safety that will be achieved using a trailermounted electric brake controller during the 2-year exemption period will likely be equivalent to, or greater than, the level of safety without the exemption. The Agency hereby grants the exemption for a two-year period, beginning November 29, 2011 and ending November 29, 2013. During the temporary exemption period, motor carriers must meet the hydraulic surge brake requirements of §§ 393.48(d) and 393.49(c), substituting ‘‘trailer-mounted electric brake controller’’ for ‘‘surge brake’’ as follows: mstockstill on DSK4VPTVN1PROD with NOTICES 393.48 * * Brakes to be operative. * * * (d)(1) Trailer-mounted electric brake controllers are allowed on: (i) Any trailer with a gross vehicle weight rating (GVWR) of 12,000 pounds or less, when its GVWR does not exceed 1.75 times the GVWR of the towing vehicle; and (ii) Any trailer with a GVWR greater than 12,000 pounds, but less than 20,001 pounds, VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 when its GVWR does not exceed 1.25 times the GVWR of the towing vehicle. (2) The gross vehicle weight (GVW) of a trailer equipped with a trailer-mounted electric brake controller may be used instead of its GVWR to calculate compliance with the weight ratios specified in paragraph (d)(1) of this section when the trailer manufacturer’s GVWR label is missing. (3) The GVW of a trailer equipped with a trailer-mounted electric brake controller must be used to calculate compliance with the weight ratios specified in paragraph (d)(1) of this section when the trailer’s GVW exceeds its GVWR. (4) The trailer equipped with a trailermounted electric brake controller must meet the requirements of § 393.40. 393.49 * * Control valves for brakes. * * * (c) Trailer-mounted electric brake controller exception. This requirement is not applicable to trailers equipped with trailermounted electric brake controllers that satisfy the conditions specified in 393.48(d). Interested parties possessing information that would demonstrate that motor carriers using the exemption for trailer-mounted electric brake controllers are not achieving the requisite statutory level of safety should provide that information to FMCSA, and that information will be placed in Docket No. FMCSA–2011–0022. Placement of information in the docket is addressed at 75 FR 33667, June 14, 2010. The Agency will evaluate any such information placed in the docket and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31315(b)(4) and 31136(e), will take immediate steps to revoke this exemption, if warranted. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption to allow commercial motor vehicle operators to use trailer-mounted electric brake controllers which monitor and actuate electric trailer brakes based on inertial forces developed in response to the braking action of the towing vehicle. Issued on: November 18, 2011. Anne S. Ferro, Administrator. [FR Doc. 2011–30739 Filed 11–28–11; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 73765 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0097] Pilot Project on NAFTA Trucking Provisions Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for public comment. AGENCY: FMCSA announces and requests public comment on data and information concerning the PreAuthorization Safety Audits (PASAs) for motor carriers that have 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 municipalities in the United States on the United StatesMexico international border or the commercial zones of such municipalities. This action is required by the ‘‘U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007’’ and all subsequent appropriations. DATES: Comments must be received on or before December 9, 2011. ADDRESSES: You may submit comments identified by FDMS Docket Number FMCSA–2011–0097 using any one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–(202) 493–2251. • Mail: Docket Management Facility, (M–30), U.S. Department of Transportation (DOT), 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room 12–140, Washington, DC 20590–0001. • Hand Delivery: Same as mail address above, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. To avoid duplication, please use only one of these four methods. All submissions must include the Agency name and docket number for this notice. See the ‘‘Public Participation’’ heading below for instructions on submitting comments and additional information. Note that all comments received, including any personal information provided, will be posted without change to http://www.regulations.gov. Please see the ‘‘Privacy Act’’ heading below. Docket: For access to the docket to read background documents or SUMMARY: E:\FR\FM\29NON1.SGM 29NON1 73766 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices comments received, go to http:// www.regulations.gov at any time or to Room W12–140 on the ground floor of the DOT Headquarters Building at 1200 New Jersey Avenue SE., Washington, DC, 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 http://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. Public Participation: The http:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the http://www.regulations.gov Web site. Comments received after the comment closing date will be included in the docket, and will be considered to the extent practicable. 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: mstockstill on DSK4VPTVN1PROD with NOTICES 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, 121 Stat. 112, 183, May 25, 2007]. 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 the municipalities in the United States on the United States-Mexico international border or the commercial zones of such municipalities (border commercial zones). On July 8, 2011, FMCSA announced in the Federal Register [76 FR 40420] its intent to proceed with the initiation of a U.S.-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 VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 border commercial zones 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) crossborder long-haul trucking provisions in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed, assessed, and evaluated the required safety measures as noted in the July 8, 2011, notice and considered all comments received on or before May 13, 2011, in response to the April 13, 2011, notice. Additionally, to the extent practicable, FMCSA considered comments received after May 13, 2011. In accordance with section 6901(b)(2)(B)(i) of the Act, 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 are granted authority to operate beyond the border commercial zones. This notice serves to fulfill this requirement. FMCSA is publishing for public comment the data and information relating to one PASA that was completed on October 7, 2011. FMCSA announces that the Mexico-domiciled motor carrier in Table 1 successfully completed its PASA. Notice of this completion was also published in the FMCSA Register. Tables 2, 3 and 4 ‘‘Successful PreAuthorization Safety Audit (PASA) Information’’ set out additional information on the carrier(s) noted in Table 1. A narrative description of each column in the tables is provided as follows: A. Row Number in the Appendix for the Specific Carrier: The row number for each line in the tables. 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 long-haul pilot program. 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 motor carrier’s power units. 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 for those vehicles approved to participate in the pilot program. D. FMCSA Register Number: The number assigned to the Mexicodomiciled motor carrier’s operating PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 authority as found in the FMCSA Register. E. PASA Initiated: The date the PASA was initiated. F. PASA Completed: The date the PASA was completed. G. 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 by the FMCSA Service Center New Entrant Specialist designated for the specific FMCSA Division Office. This 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’s 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. H. FMCSA Register: The date 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. The FMCSA Register may be accessed through FMCSA’s Licensing and Insurance public Web site at http://lipublic.fmcsa.dot.gov/, and selecting FMCSA Register in the drop down menu. I. U.S. Drivers: The total number of the motor carrier’s drivers approved for long-haul transportation in the United States beyond the border commercial zones. J. U.S. Vehicles: The total number of the motor carrier’s power units approved for long-haul transportation in the United States beyond the border commercial zones. K. Passed Verification 5 Elements (Yes/No): A Mexico-domiciled motor carrier will not be granted provisional operating authority if FMCSA cannot E:\FR\FM\29NON1.SGM 29NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices 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 the ability to obtain financial responsibility as required by 49 CFR 387, including the ability to obtain insurance in the United States; 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 and English language proficiency. L. If No, Which Element Failed: If FMCSA cannot 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) cannot 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. M. 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). N. 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). O. 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). P. 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. Q. Passed Phase 1, Factor 5: A ‘‘yes’’ in this column indicates the carrier has successfully met Factor 5, which includes the hazardous material requirements outlined in parts 171 (General Information, Regulations, and Definitions), 177 (Carriage by Public Highway), 180 (Continuing Qualification and Maintenance of Packagings) and 397 (Transportation of Hazardous Materials; driving and parking rules). R. 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 73767 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. S. Number U.S. Vehicles Inspected: The total number of vehicles (power units) the motor carrier is approved to operate in the United States beyond the border commercial zones and that received a vehicle inspection during the PASA. During a PASA, FMCSA inspected all power units to be used by the motor carrier in the pilot program and applied 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. T. Number U.S. Vehicles Issued CVSA Decal: The total number of inspected vehicles (power units) the motor carrier is approved to operate in the United States beyond the border commercial zones that received a CVSA inspection decal as a result of an inspection during the PASA. U. 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 that 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. V. Name of Controlled Substances and Alcohol Collection Facility: Shows the name and location of the controlled substances and alcohol collection facility that will be used by a Mexicodomiciled motor carrier who has successfully completed the PASA. TABLE 1 Row number in Tables 2, 3, and 4 of the Appendix to today’s notice Name of carrier Moises Alvarez Perez DBA Distribuidora Marina El Pescador ... VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1 USDOT No. 677516 73768 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices TABLE 2—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 3 AND 4) Column A— row number Column B— name of carrier Column C— US DOT number Column D— FMCSA register number Column E—PASA initiated 1 .................. Moises Alvarez Perez DBA Distribuidora Marina El Pescador. 677516 MX–313931 10/6/2011 Column F— PASA completed 10/7/2011 Column G—PASA results Column H— FMCSA register Column I—US drivers Pass ......... 11/21/2011 .. 1 ............ Column J—US vehicles 1 TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 2 AND 4) Column A—row number Column B— name of carrier Column C— US DOT number Column D— FMCSA register number Column K— passed verification 5 elements (yes/no) 1 .............. Moises Alvarez Perez DBA Distribuidora Marina El Pescador. 677516 MX–313931 Yes ............... Column M— passed phase 1 factor 1 Column N— passed phase 1 factor 2 Column O— passed phase 1 factor 3 Pass ........ Pass ........ Pass ........ Column L—if no, which element failed Column P— passed phase 1 factor 4 Pass TABLE 4—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION AS OF SEPTEMBER 9, 2011 (SEE ALSO TABLES 2 AND 3) Column B— name of carrier 1 .............. mstockstill on DSK4VPTVN1PROD with NOTICES Column A—row number Column C— US DOT number 677516 MX–313931 Moises Alvarez Perez DBA Distribuidora Marina El Pescador. In an effort to provide as much information as possible for review, the application and PASA results for this carrier are posted at the Agency’s Web site for the pilot program at http://www. fmcsa.dot.gov/intl-programs/trucking/ Trucking-Program.aspx. Both documents were redacted so that personal information regarding the drivers is not released. Sensitive business information, such as the carrier’s tax identification number, was also redacted. In response to previous comments received regarding the PASA notice process, FMCSA also posted copies of the vehicle inspections conducted during the PASA in the PASA document. A list of the carrier’s vehicles approved by FMCSA for use in the pilot program is also available at the above referenced Web site. VerDate Mar<15>2010 Column Q— passed phase I factor 5 Column R— passed phase I factor 6 N/A .......... Pass ........ Column D— FMCSA register number 15:20 Nov 28, 2011 Jkt 226001 Column S— Number US vehicles inspected Column T— Number US vehicles issued CVSA decal Column U— Controlled substance collection 1 1 U.S. ........ To date, no carriers have failed the PASA. The Act only requires publication of data for carriers receiving operating authority, as failure to successfully complete the PASA precludes the carrier from being granted authority to participate in the long-haul pilot program. FMCSA will publish this information to show motor carriers that failed to meet U.S. safety standards. Request for Comments In accordance with the Act, FMCSA requests public comment from all interested persons on the PASA information presented in 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 PO 00000 Frm 00187 Fmt 4703 Sfmt 4703 Column V—Name of controlled substances and alcohol collection facility RMC Testing Solutions 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. 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 E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices publication of notice in the FMCSA Register. Issued on: November 9, 2011. Anne S. Ferro, Administrator. [FR Doc. 2011–30735 Filed 11–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0299] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 8 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision requirement. SUMMARY: Comments must be received on or before December 29, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0299 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–(202) 493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. 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 for further information. Docket: For access to the docket to read background documents or comments, go to http:// mstockstill on DSK4VPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ FMCSA can renew exemptions at the end of each 2-year period. The 8 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. Qualifications of Applicants Marion J. Coleman, Jr. Mr. Coleman, age 40, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/70 and in his left eye, 20/25. Following an PO 00000 Frm 00188 Fmt 4703 Sfmt 4703 73769 examination in 2011, his ophthalmologist noted, ‘‘He has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Coleman reported that he has driven tractor-trailer combinations for 12 years, accumulating 1.8 million miles. He holds a Class A Commercial Driver’s License (CDL) from Kentucky. His driving record for the last 3 years shows no crashes but one conviction for speeding in a Commercial Motor Vehicle (CMV). He exceeded the speed limit by 9 mph. Layne C. Coscorrosa Mr. Coscorrosa, 33, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2011, his ophthalmologist noted, ‘‘I certify that he can perform the tasks required to operate a commercial vehicle.’’ Mr. Coscorrosa reported that he has driven buses for 6 years, accumulating 150,000 miles. He holds a Class B CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Lex A. Fabrizio Mr. Fabrizio, 39, has had complete loss of vision in his left eye, due to coat’s disease since age 3. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2011, his ophthalmologist noted, ‘‘In my opinion, Lex has normal vision and can perform all visual tasks necessary in driving a commercial truck.’’ Mr. Fabrizio reported that he has driven straight trucks for 5 years, accumulating 50,000 miles and tractor-trailer combinations for 5 years, accumulating 400,000 miles. He holds a Class A CDL from Utah. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mark A. Ferris Mr. Ferris, 55, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/70. Following an examination in 2011, his optometrist noted, ‘‘In my professional opinion, Mr. Ferris has more than sufficient vision to perform the driving tasks required to operate any commercial motor vehicle.’’ Mr. Ferris reported that he has driven straight trucks for 21 years, accumulating 651,000 miles and tractor-trailer combinations for 5 years, accumulating 150,000 miles. He holds a Class A CDL E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73765-73769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30735]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0097]


Pilot Project on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces and requests public comment on data and 
information concerning the Pre-Authorization Safety Audits (PASAs) for 
motor carriers that have 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 municipalities in the United States on the United States-Mexico 
international border or the commercial zones of such municipalities. 
This action is required by the ``U.S. Troop Readiness, Veterans' Care, 
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'' 
and all subsequent appropriations.

DATES: Comments must be received on or before December 9, 2011.

ADDRESSES: You may submit comments identified by FDMS Docket Number 
FMCSA-2011-0097 using any one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-(202) 493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department 
of Transportation (DOT), 1200 New Jersey Avenue, SE., West Building, 
Ground Floor, Room 12-140, Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., ET, Monday through Friday, except Federal holidays. The 
telephone number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
All submissions must include the Agency name and docket number for this 
notice. See the ``Public Participation'' heading below for instructions 
on submitting comments and additional information.
    Note that all comments received, including any personal information 
provided, will be posted without change to http://www.regulations.gov. 
Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or

[[Page 73766]]

comments received, go to http://www.regulations.gov at any time or to 
Room W12-140 on the ground floor of the DOT Headquarters Building at 
1200 New Jersey Avenue SE., Washington, DC, 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 http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site. Comments 
received after the comment closing date will be included in the docket, 
and will be considered to the extent practicable.

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 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, 121 Stat. 112, 
183, May 25, 2007]. 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 the 
municipalities in the United States on the United States-Mexico 
international border or the commercial zones of such municipalities 
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR 
40420] its intent to proceed with the initiation of a U.S.-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 border commercial zones 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 Act. FMCSA reviewed, 
assessed, and evaluated the required safety measures as noted in the 
July 8, 2011, notice and considered all comments received on or before 
May 13, 2011, in response to the April 13, 2011, notice. Additionally, 
to the extent practicable, FMCSA considered comments received after May 
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, 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 are granted authority to operate beyond the border 
commercial zones. This notice serves to fulfill this requirement.
    FMCSA is publishing for public comment the data and information 
relating to one PASA that was completed on October 7, 2011. FMCSA 
announces that the Mexico-domiciled motor carrier in Table 1 
successfully completed its PASA. Notice of this completion was also 
published in the FMCSA Register.
    Tables 2, 3 and 4 ``Successful Pre-Authorization Safety Audit 
(PASA) Information'' set out additional information on the carrier(s) 
noted in Table 1. A narrative description of each column in the tables 
is provided as follows:
    A. Row Number in the Appendix for the Specific Carrier: The row 
number for each line in the tables.
    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 long-haul pilot program.
    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 motor carrier's power units. 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 for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA 
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. 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 by the FMCSA 
Service Center New Entrant Specialist designated for the specific FMCSA 
Division Office. This 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's 
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.
    H. FMCSA Register: The date 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.
    The FMCSA Register may be accessed through FMCSA's Licensing and 
Insurance public Web site at http://li-public.fmcsa.dot.gov/, and 
selecting FMCSA Register in the drop down menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers 
approved for long-haul transportation in the United States beyond the 
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power 
units approved for long-haul transportation in the United States beyond 
the border commercial zones.
    K. Passed Verification 5 Elements (Yes/No): A Mexico-domiciled 
motor carrier will not be granted provisional operating authority if 
FMCSA cannot

[[Page 73767]]

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 the ability to obtain financial responsibility as 
required by 49 CFR 387, including the ability to obtain insurance in 
the United States;
    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 and English language proficiency.
    L. If No, Which Element Failed: If FMCSA cannot 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) cannot 
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.
    M. 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).
    N. 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).
    O. 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).
    P. 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.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the 
carrier has successfully met Factor 5, which includes the hazardous 
material requirements outlined in parts 171 (General Information, 
Regulations, and Definitions), 177 (Carriage by Public Highway), 180 
(Continuing Qualification and Maintenance of Packagings) and 397 
(Transportation of Hazardous Materials; driving and parking rules).
    R. 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.
    S. Number U.S. Vehicles Inspected: The total number of vehicles 
(power units) the motor carrier is approved to operate in the United 
States beyond the border commercial zones and that received a vehicle 
inspection during the PASA. During a PASA, FMCSA inspected all power 
units to be used by the motor carrier in the pilot program and applied 
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.
    T. Number U.S. Vehicles Issued CVSA Decal: The total number of 
inspected vehicles (power units) the motor carrier is approved to 
operate in the United States beyond the border commercial zones that 
received a CVSA inspection decal as a result of an inspection during 
the PASA.
    U. 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 that 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.
    V. Name of Controlled Substances and Alcohol Collection Facility: 
Shows the name and location of the controlled substances and alcohol 
collection facility that will be used by a Mexico-domiciled motor 
carrier who has successfully completed the PASA.

                                 Table 1
------------------------------------------------------------------------
 Row number in Tables 2, 3, and 4
of the Appendix to today's notice       Name of carrier       USDOT No.
------------------------------------------------------------------------
                                   Moises Alvarez Perez DBA       677516
                                    Distribuidora Marina El
                                    Pescador.
------------------------------------------------------------------------


[[Page 73768]]


                                                 Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (See Also Tables 3 and 4)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Column D--
                                  Column B--name of  Column C--US      FMCSA       Column E--PASA     Column F--     Column G--PASA      Column H--FMCSA      Column I--US        Column J--US
      Column A--row number             carrier        DOT number     register         initiated          PASA            results            register             drivers            vehicles
                                                                      number                           completed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1..............................  Moises Alvarez            677516     MX-313931  10/6/2011.........     10/7/2011  Pass..............  11/21/2011........  1.................  1
                                  Perez DBA
                                  Distribuidora
                                  Marina El
                                  Pescador.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                 Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (See Also Tables 2 and 4)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Column D--                       Column L--if
                                  Column B--name of  Column C--US      FMCSA      Column K--passed     no, which    Column M--passed    Column N--passed    Column O--passed    Column P--passed
      Column A--row number             carrier        DOT number     register      verification 5       element     phase 1 factor 1    phase 1 factor 2    phase 1 factor 3    phase 1 factor 4
                                                                      number     elements  (yes/no)     failed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1..............................  Moises Alvarez            677516     MX-313931  Yes...............  ............  Pass..............  Pass..............  Pass..............  Pass
                                  Perez DBA
                                  Distribuidora
                                  Marina El
                                  Pescador.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                     Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (See Also Tables 2 and 3)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                               Column V--Name of
                                                                      Column D--                                              Column S--    Column T--        Column U--          controlled
                                   Column B--name of   Column C--US      FMCSA       Column Q--passed     Column R--passed     Number US     Number US        Controlled        substances and
      Column A--row number              carrier         DOT number     register      phase I factor 5     phase I factor 6     vehicles      vehicles         substance             alcohol
                                                                        number                                                 inspected    issued CVSA       collection          collection
                                                                                                                                               decal                               facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................  Moises Alvarez             677516     MX-313931  N/A................  Pass...............             1             1  U.S................  RMC Testing
                                   Perez DBA                                                                                                                                   Solutions
                                   Distribuidora
                                   Marina El Pescador.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    In an effort to provide as much information as possible for review, 
the application and PASA results for this carrier are posted at the 
Agency's Web site for the pilot program at http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. Both documents were 
redacted so that personal information regarding the drivers is not 
released. Sensitive business information, such as the carrier's tax 
identification number, was also redacted. In response to previous 
comments received regarding the PASA notice process, FMCSA also posted 
copies of the vehicle inspections conducted during the PASA in the PASA 
document.
    A list of the carrier's vehicles approved by FMCSA for use in the 
pilot program is also available at the above referenced Web site.
    To date, no carriers have failed the PASA. The Act only requires 
publication of data for carriers receiving operating authority, as 
failure to successfully complete the PASA precludes the carrier from 
being granted authority to participate in the long-haul pilot program. 
FMCSA will publish this information to show motor carriers that failed 
to meet U.S. safety standards.

Request for Comments

    In accordance with the Act, FMCSA requests public comment from all 
interested persons on the PASA information presented in 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.
    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

[[Page 73769]]

publication of notice in the FMCSA Register.

    Issued on: November 9, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-30735 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-EX-P