Pilot Program on NAFTA Trucking Provisions, 20373-20376 [2013-07867]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20373-20376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07867]


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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.

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SUMMARY: FMCSA announces information concerning the Pre-Authorization 
Safety Audit (PASA) for Transportes Mor SA de CV (USDOT 
555687) and Adriana De Leon Amaro (USDOT 2117609), 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 in the 
United States on the United States-Mexico international border or the 
commercial zones of such municipalities. These motor carriers did not 
successfully complete the PASA.

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 United States (U.S.) Department of 
Transportation (DOT) 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 United States-
Mexico cross-border long-haul trucking pilot program to test and 
demonstrate the ability of Mexico-domiciled motor carriers to operate 
safely in the United States beyond the border commercial zones as 
detailed in the Agency's April 13, 2011, Federal Register proposal [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 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 in the Federal 
Register to provide sufficient opportunity for public notice and 
comment. There is no requirement to provide information to the public 
on the motor carriers that failed the PASA, and, therefore, will not be 
granted authority to operate in the pilot program. However, FMCSA 
committed in previous notices to provide information on the motor 
carriers that did not pass the PASA.
    The Mexico-domiciled motor carriers in Table 1 did not successfully 
complete the PASA.
    Tables 2, 3 and 4 all titled (``Failed Pre-Authorization Safety 
Audit (PASA) Information'') set out additional information on the 
carriers 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 
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.

[[Page 20374]]

    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 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

[[Page 20375]]

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--Applicants That Failed Pre-Authorization Safety Audit (PASA)
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Row number in Tables 2, 3 and 4
  of the Appendix to  today's        Name of carrier         USDOT No.
             notice
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1..............................  Transportes Mor SA de    555687
                                  CV.
2..............................  Adriana De Leon Amaro..  2117609
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                                               Table 2--Failed PASA Information (See Also Tables 3 and 4)
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A                              B..............          C            D            E            F  G..............  H..............          I          J
          Row number           Name of carrier    US DOT      FMCSA         PASA         PASA       PASA results    FMCSA register      US         US
                                                  number     register    initiated    completed                                      drivers    vehicles
                                                              number
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1............................  Transportes Mor     555687    MX0228295   05/31/2012   09/26/2012  Fail...........  Not published..          2          2
                                SA de CV.
2............................  Adriana De Leon    2117609    MX-738224   11/27/2012   11/27/2012  Fail...........  Not published..          1          1
                                Amaro.
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                                                                   Table 3--Failed PASA Information (See Also Tables 2 and 4)
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A                                B.................          C            D  K.................  L.................  M.................  N................  O................  P
           Row number              Name of carrier     US DOT      FMCSA      Passed verifica-      If no, which       Passed phase 1      Passed phase 1     Passed phase 1     Passed phase 1
                                                       number     register   tion of 5 elements     element failed         factor 1           factor 2           factor 3           factor 4
                                                                   number     (Yes/No).
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1..............................  Transportes Mor SA     555687    MX-228295  No................  a. Verify a         Not Completed.....  No...............  Not Completed....  Not Completed
                                  de CV.                                                          controlled
                                                                                                  substances and
                                                                                                  alcohol testing
                                                                                                  program
                                                                                                  consistent with
                                                                                                  49 CFR part 40.
2..............................  Adriana De Leon       2117609    MX-738224  No................  a. Verify a         Not Completed.....  No...............  Not Completed....  Not Completed
                                  Amaro.                                                          controlled
                                                                                                  substances and
                                                                                                  alcohol testing
                                                                                                  program
                                                                                                  consistent with
                                                                                                  49 CFR part 40.
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[[Page 20376]]


                                                                   Table 4--Failed PASA Information (See Also Tables 2 and 3)
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A                                B.................          C            D  Q.................  R.................  S.................  T................  U................  V
           Row number              Name of carrier     US DOT      FMCSA       Passed phase I      Passed phase I    Number US vehicles      Number US          Controlled          Name of
                                                       number     register         factor 5            factor 6           inspected        vehicles issued       substance         controlled
                                                                   number                                                                    CVSA decal         collection       substances and
                                                                                                                                                                                     alcohol
                                                                                                                                                                                   collection
                                                                                                                                                                                    facility
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1..............................  Transportes Mor SA     555687    MX-228295  Not Completed.....  Not Completed.....  None..............  None.............  Not Completed....  Not Completed
                                  de CV.
2..............................  Adriana De Leon       2117609    MX-738224  Not Completed.....  Not Completed.....  None..............  None.............  Not Completed....  Not Completed
                                  Amaro.
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    At the point that the Auditors determined that the applicants 
failed Phase 1, the PASA was discontinued. As a result, other factors 
were not assessed and are marked ``Not Completed.''
    To date, these are the only two carriers that have failed the PASA. 
The Act only requires publication of data for carriers receiving 
operating authority, as failure to successfully complete the PASA 
prevents the carrier from being granted authority to participate in the 
long-haul pilot program. FMCSA agreed to publish this information to 
show motor carriers that failed to meet U.S. safety standards.

    Issued on: March 28, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-07867 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-EX-P