Pilot Program on NAFTA Trucking Provisions, 56255-56258 [2012-22457]
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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
Wednesday, October 3, 2012
Plenary Discussion
• WG–1 DO–315C draft review.
• WG–2 objectives and overview.
Thursday, October 4, 2012
Plenary Discussion
• WG–1 DO–315C draft review.
• Administrative items.
• Adjourn.
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 September 6,
2012
David Sicard,
Manager, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2012–22460 Filed 9–11–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No FMCSA–2011–0097]
Pilot Program 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 Audit (PASA) for
Transportes Monteblanco SA de CV
which applied to participate in the
Agency’s long-haul pilot program to test
and demonstrate the ability of Mexicodomiciled motor carriers to operate
safely in the United States beyond the
municipalities on the 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.
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SUMMARY:
Comments must be received on
or before September 24, 2012.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
DATES:
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2011–0097 by any one of the following
methods: Federal eRulemaking Portal:
Go to https://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 https://www.regulations.gov. Please
see the ‘‘Privacy Act’’ heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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, 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.
Public Participation: The https://
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 https://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–
PO 00000
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56255
0001. Telephone (512) 916–5440 Ext.
228; email 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 Mexicodomiciled 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) 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 of motor
carriers domiciled in Mexico that are
granted authority to operate beyond the
border commercial zones. This notice
fulfills that requirement.
FMCSA is publishing for public
comment the data and information
relating to one PASA that was
completed on June 17, 2012. FMCSA
announces that the Mexico-domiciled
motor carrier in Table 1 successfully
completed the PASA. Notice of this
completion was also published in the
FMCSA Register.
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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
Tables 2, 3 and 4 all titled
(‘‘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 Mexicodomiciled 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
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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 https://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 of 5 Elements
(Yes/No): A Mexico-domiciled motor
carrier will not be granted provisional
operating authority if FMCSA cannot
verify all of the following five
mandatory elements. FMCSA must:
a. Verify a controlled substances and
alcohol testing program consistent with
49 CFR part 40.
b. Verify a system of compliance with
hours-of-service rules of 49 CFR part
395, including recordkeeping and
retention;
c. Verify 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 K above, FMCSA will gather
information by reviewing a motor
carrier’s compliance with ‘‘acute and
critical’’ regulations of the Federal
Motor Carrier Safety Regulations
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(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
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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
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 that received a
vehicle inspection during the PASA.
During a PASA, FMCSA inspected all
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.
power units to be used by the motor
carrier in the pilot program and applied
a current Commercial Vehicle Safety
Alliance (CVSA) inspection decal, if the
inspection is passed successfully. This
number reflects the vehicles that were
inspected, irrespective of whether the
vehicle received a CVSA inspection at
the time of the PASA 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.
TABLE 1
Row number in
Tables 2, 3
and 4 of the
Appendix to
today’s notice
1 ......................
Name of
carrier
USDOT
No.
Transportes
Monteblanco
SA de CV.
1059694
TABLE 2—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION
[See also Tables 3 and 4]
Column A—
Row number
1 .......................................
Column
D—
FMCSA
register
number
Column
C—
US DOT
number
Column B—
Name of Carrier
Transportes Monteblanco
SA de CV.
1059694
Column
E—
PASA
initiated
MX–
443410
Column
F—
PASA
completed
5/8/12
Column
G—
PASA
results
6/7/12
Column
H—
FMCSA
register
Pass
Column I—
US drivers
8/31/12
Column
J—
US
vehicles
4
2
TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION
[See also Tables 2 and 4]
Column A—
Row number
1 ...............................
Column
D—
FMCSA
register
number
Column
C—
US DOT
number
Column B—
Name of carrier
Transportes .................
Monteblanco ...............
SA de CV ....................
1059694
Column K—
Passed
verification of 5
elements
(yes/no)
MX–
443410
Column L—
If no, which
element failed
Column
M—
Passed
phase 1
factor 1
Column
N—
Passed
phase 1
factor 2
Column
O—
Passed
phase 1
factor 3
Column
P—
Passed
phase 1
factor 4
Yes .................
None ...............
Pass .........
Pass .........
Pass .........
Pass
TABLE 4—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION AS OF SEPTEMBER 9, 2011
[See also Tables 2 and 3]
Column
C—
US DOT
number
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Column A—
Row number
Column B—
Name of carrier
1 ...................................
Transportes .....................
Monteblanco ...................
SA de CV ........................
In an effort to provide as much
information as possible for review, the
application and PASA results for this
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1059694
Column
D—
FMCSA
register
number
MX–
443410
Column
Q—
Passed
phase I
factor 5
N/A
Column
R—
Passed
phase I
factor 6
Column
S—
Number
US vehicles inspected
Column
T—
Number
US vehicles issued
cvsa decal
Column U—
Controlled
substance
collection
Pass .........
2 ...............
2 ...............
US ..............
carrier are posted at the Agency’s Web
site for the pilot program at https://
www.fmcsa.dot.gov/intl-programs/
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Column V—
Name of controlled substances and
alcohol collection facility
Laredo Examiners, Inc.
trucking/Trucking-Program.aspx. For
carriers that participated in the
Agency’s demonstration project that
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Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Notices
ended in 2009, copies of the previous
PASA and compliance review, if
conducted, are also posted. All
documents were redacted so that
personal information regarding the
drivers is not released. Sensitive
business information, such as the
carrier’s tax identification number, is
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.
The Agency acknowledges that
through the PASA process it determined
that Transportes Monteblanco SA de CV
has affiliations with additional
companies. An attachment to the PASA
provides information regarding these
affiliations. During the carrier vetting
and PASA process, FMCSA reviewed its
records related to the affiliates, and
confirmed that the companies are U.S.domiciled motor carriers registered with
FMCSA.
FMCSA notes that Transportes
Monteblanco SA de CV is affiliated with
two companies: Transportes
Monteblanco (US DOT number
1871386, an interstate motor carrier)
and MG Alimentos Inc. (US DOT
number 1442274, an intrastate motor
carrier). While this information was not
reflected on the carrier’s application, it
was noted during the Agency’s vetting
and documented during the PASA.
Additionally, the Agency is aware that
the operating authority associated with
Transportes Monteblanco (US DOT
number 1871386) was revoked on April
18, 2012, as a result of a lapse of
insurance. The Agency notes that this
carrier has been inspected three times
since this date, but has not been cited
for operating without authority. The
Agency confirmed that the reason for
this is that the carrier was transporting
exempt commodities which do not
require operating authority. The carrier
filed evidence of insurance on April 26,
2012 and submitted the required
reinstatement fee. FMCSA reinstated
Transportes Monteblanco’s (USDOT
number 1871386) operating authority
effective July 23, 2012, and it may now
transport non-exempt commodities.
FMCSA is aware that one of the
affiliated companies, Transportes
Monteblanco (USDOT number
1871386), an enterprise carrier, has a
Safety Measurement System (SMS) alert
in the fatigued driving (hours of service)
Behavior Analysis and Safety
Improvement Category (BASIC). While
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18:51 Sep 11, 2012
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this is a matter of concern with respect
to the safety performance of that carrier,
the Agency has confirmed that
Transportes Monteblanco SA de CV
(USDOT number 1059694) was created
to fulfill a separate business need and
not to evade or conceal a negative safety
performance history of the affiliated
motor carriers. The Agency will
continue monitoring the safety of the
affiliated interstate motor carrier
through SMS and will take action
directly on the carrier, if appropriate.
Therefore, we will not apply the SMS
scores of the affiliated carriers to
Transportes Monteblanco SA de CV
when considering whether Transportes
Monteblanco SA de CV has
demonstrated that it is willing and able
to comply with the safety regulations.
The Agency reiterates that during the
PASA, we determined that Transportes
Monteblanco SA de CV has the systems
in place to comply with the FMCSRs,
including U.S. hours-of-service
regulations.
Lastly, it is noted that Transportes
Monteblanco SA de CV currently has a
100 percent Driver out of service rate as
a commercial zone carrier. This is based
on the only two inspections completed
within the preceding 24 months. Both
inspections were conducted by FMCSA
staff members on May 10, 2012 to verify
the compliance of the vehicles and the
drivers proposed to participate in the
pilot program. During these inspections,
the drivers were cited for failing to
communicate in English. However,
these drivers proposed for participation
in the pilot program were retested for
English language proficiency on May 31,
2012, and passed that evaluation.
To date, no carriers have failed the
PASA. The Act requires publication of
data of only those 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
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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
publication of notice in the FMCSA
Register.
Issued on: September 5, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–22457 Filed 9–11–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0219]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemption from the diabetes mellitus
requirement; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 14 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
SUMMARY:
Comments must be received on
or before October 12, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0219 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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.
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56255-56258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22457]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No FMCSA-2011-0097]
Pilot Program 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 Audit (PASA) for
Transportes Monteblanco SA de CV which 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 on the 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 September 24, 2012.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0097 by any one of the following
methods: Federal eRulemaking Portal: Go to https://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 https://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
Docket: For access to the docket to read background documents or
comments received, go to https://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, 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.
Public Participation: The https://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 https://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; email 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 of motor carriers domiciled in Mexico that are
granted authority to operate beyond the border commercial zones. This
notice fulfills that requirement.
FMCSA is publishing for public comment the data and information
relating to one PASA that was completed on June 17, 2012. FMCSA
announces that the Mexico-domiciled motor carrier in Table 1
successfully completed the PASA. Notice of this completion was also
published in the FMCSA Register.
[[Page 56256]]
Tables 2, 3 and 4 all titled (``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 https://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 of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
c. Verify 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 K 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
[[Page 56257]]
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 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,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA 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.
------------------------------------------------------------------------
1................................... Transportes 1059694
Monteblanco SA de CV.
------------------------------------------------------------------------
Table 2--Successful Pre-Authorization Safety Audit (PASA) Information
[See also Tables 3 and 4]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column D--
Column B-- Name of Column C-- FMCSA Column E-- Column F-- Column G-- Column H-- Column I-- Column J--
Column A-- Row number Carrier US DOT register PASA PASA PASA FMCSA US drivers US
number number initiated completed results register vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................. Transportes 1059694 MX-443410 5/8/12 6/7/12 Pass 8/31/12 4 2
Monteblanco SA de
CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Successful Pre-Authorization Safety Audit (PASA) Information
[See also Tables 2 and 4]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column D--
Column B-- Name of Column C-- FMCSA Column K-- Passed Column L-- If no, Column M-- Column N-- Column O-- Column P--
Column A-- Row number carrier US DOT register verification of 5 which element failed Passed phase 1 Passed phase 1 Passed phase 1 Passed phase 1
number number elements (yes/no) factor 1 factor 2 factor 3 factor 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................... Transportes........ 1059694 MX-443410 Yes................. None................ Pass............ Pass............ Pass............ Pass
Monteblanco........
SA de CV...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 C-- Column D-- Column Q-- Column S-- Number Column T-- Number Column U-- controlled
Column A-- Row number Column B-- Name of US DOT FMCSA Passed Column R-- Passed US vehicles US vehicles Controlled substances and
carrier number register phase I phase I factor 6 inspected issued cvsa decal substance alcohol collection
number factor 5 collection facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1................................. Transportes.......... 1059694 MX-443410 N/A Pass.............. 2................ 2................ US................ Laredo Examiners,
Monteblanco.......... Inc.
SA de CV.............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 https://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that
participated in the Agency's demonstration project that
[[Page 56258]]
ended in 2009, copies of the previous PASA and compliance review, if
conducted, are also posted. All documents were redacted so that
personal information regarding the drivers is not released. Sensitive
business information, such as the carrier's tax identification number,
is 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.
The Agency acknowledges that through the PASA process it determined
that Transportes Monteblanco SA de CV has affiliations with additional
companies. An attachment to the PASA provides information regarding
these affiliations. During the carrier vetting and PASA process, FMCSA
reviewed its records related to the affiliates, and confirmed that the
companies are U.S.- domiciled motor carriers registered with FMCSA.
FMCSA notes that Transportes Monteblanco SA de CV is affiliated
with two companies: Transportes Monteblanco (US DOT number 1871386, an
interstate motor carrier) and MG Alimentos Inc. (US DOT number 1442274,
an intrastate motor carrier). While this information was not reflected
on the carrier's application, it was noted during the Agency's vetting
and documented during the PASA. Additionally, the Agency is aware that
the operating authority associated with Transportes Monteblanco (US DOT
number 1871386) was revoked on April 18, 2012, as a result of a lapse
of insurance. The Agency notes that this carrier has been inspected
three times since this date, but has not been cited for operating
without authority. The Agency confirmed that the reason for this is
that the carrier was transporting exempt commodities which do not
require operating authority. The carrier filed evidence of insurance on
April 26, 2012 and submitted the required reinstatement fee. FMCSA
reinstated Transportes Monteblanco's (USDOT number 1871386) operating
authority effective July 23, 2012, and it may now transport non-exempt
commodities. FMCSA is aware that one of the affiliated companies,
Transportes Monteblanco (USDOT number 1871386), an enterprise carrier,
has a Safety Measurement System (SMS) alert in the fatigued driving
(hours of service) Behavior Analysis and Safety Improvement Category
(BASIC). While this is a matter of concern with respect to the safety
performance of that carrier, the Agency has confirmed that Transportes
Monteblanco SA de CV (USDOT number 1059694) was created to fulfill a
separate business need and not to evade or conceal a negative safety
performance history of the affiliated motor carriers. The Agency will
continue monitoring the safety of the affiliated interstate motor
carrier through SMS and will take action directly on the carrier, if
appropriate.
Therefore, we will not apply the SMS scores of the affiliated
carriers to Transportes Monteblanco SA de CV when considering whether
Transportes Monteblanco SA de CV has demonstrated that it is willing
and able to comply with the safety regulations. The Agency reiterates
that during the PASA, we determined that Transportes Monteblanco SA de
CV has the systems in place to comply with the FMCSRs, including U.S.
hours-of-service regulations.
Lastly, it is noted that Transportes Monteblanco SA de CV currently
has a 100 percent Driver out of service rate as a commercial zone
carrier. This is based on the only two inspections completed within the
preceding 24 months. Both inspections were conducted by FMCSA staff
members on May 10, 2012 to verify the compliance of the vehicles and
the drivers proposed to participate in the pilot program. During these
inspections, the drivers were cited for failing to communicate in
English. However, these drivers proposed for participation in the pilot
program were retested for English language proficiency on May 31, 2012,
and passed that evaluation.
To date, no carriers have failed the PASA. The Act requires
publication of data of only those 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 publication of
notice in the FMCSA Register.
Issued on: September 5, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-22457 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-EX-P
