Pilot Program on NAFTA Trucking Provisions, 25525-25529 [2013-10305]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices provided above. The Caltrans EA/FONSI can be viewed and downloaded from the project Web site at: http:// www.dot.ca.gov/dist05/projects/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 300(f)–300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 133(b)(11)]. 5. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; and Migratory Bird Treaty Act [16 U.S.C. 703–712]. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq.]; and Native American Graves Protection and Repatriation Act [25 U.S.C. 3001–3013]. 7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986; and Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O.12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of the Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and E.O. 13112 Invasive Species. VerDate Mar<15>2010 14:21 Apr 30, 2013 Jkt 229001 (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: April 25, 2013. Steve Pyburn, North Team Leader, State Programs, Federal Highway Administration, Sacramento, California. [FR Doc. 2013–10266 Filed 4–30–13; 8:45 am] BILLING CODE 4910–RY–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). ACTION: Notice; request for public comment. AGENCY: SUMMARY: FMCSA announces and requests public comment on data and information concerning the PreAuthorization Safety Audit (PASA) for Servicio de Transporte Internacional y Local SA de CV (STIL) with U.S. Department of Transportation (USDOT) number 557341, 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 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. Comments must be received on or before May 13, 2013. 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 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 DATES: PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 25525 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 comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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; email marcelo.perez@dot.gov. E:\FR\FM\01MYN1.SGM 01MYN1 25526 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES 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 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 June 13, 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. Tables 2, 3 and 4 all titled (‘‘Successful Pre-Authorization Safety Audit (PASA) Information’’) set out VerDate Mar<15>2010 14:21 Apr 30, 2013 Jkt 229001 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 Washington, DC. The notice in the FMCSA Register lists the following information: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 a. Current registration number (e.g., MX–226885); 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 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 E:\FR\FM\01MYN1.SGM 01MYN1 25527 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices 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 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 § 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 1 Servicio de Transporte Internacional y Local SA de CV ......................................................................... USDOT No. 557341 wreier-aviles on DSK5TPTVN1PROD with NOTICES TABLE 2—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 3 AND 4) Column B—name of carrier Column C— US DOT number Column D— FMCSA register number Column E— PASA initiated Column F— PASA completed Column G— PASA results Column H— FMCSA register Servicio de Transporte Internacional y Local SA de CV. 557341 MX–226885 05/23/2012 06/13/2012 Pass ........... 4/17/2013 Column A—row Number 1 ............. VerDate Mar<15>2010 14:21 Apr 30, 2013 Jkt 229001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\01MYN1.SGM 01MYN1 Column I— US drivers 13 Column J— US vehicles 20 25528 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 2 AND 4) Column A–row Number 1 ............. Column B–name of carrier Column C– US DOT number 557341 Servicio de Transporte Internacional y Local SA de CV. Column D– FMCSA register Number Column K– passed verification of 5 elements (Yes/No) 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 MX–226885 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 A—row No. wreier-aviles on DSK5TPTVN1PROD with NOTICES 1 .............. Column B—name of carrier Servicio de Transporte Internacional y Local SA de CV. Column C— US DOT No. Column D— FMCSA register No. Column Q— passed phase I factor 5 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 Column V—Name of controlled substances and alcohol collection facility 557341 MX–226885 N/A ............. Pass ........... 20 ............... 20 MX .............. Quest Diagnostics Mexico 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 http:// www.fmcsa.dot.gov/intl-programs/ trucking/Trucking-Program.aspx. For carriers that participated in the Agency’s demonstration project that 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. During the PASA process, the auditor conducting the PASA identified no acute violations but did identify violations of three critical regulations: (1) driver qualification files that did not include drivers’ certification of violations (49 CFR § 391.51(a)), (2) absence of carrier inquiries about drivers’ drug and alcohol history (49 CFR 391.51(b)(2)), and (3) improper use of the 100-air-mile-radius exemption (49 CFR 395.1(e). None of the violations, alone or in combination, rises to a level that results in a failure of the PASA or a failure in any of the five factors for evaluation. The Agency acknowledges that through the PASA process it was VerDate Mar<15>2010 14:21 Apr 30, 2013 Jkt 229001 determined that STIL had affiliations not identified in the original application. It was noted during the Agency’s vetting and documented as an attachment to the PASA. STIL submitted for the record a letter confirming the relationship with a U.S.domiciled motor carrier, International Transportation Services, Inc. (USDOT#2257332). During its vetting of the application and the PASA, FMCSA confirmed that STIL did not establish or use the affiliated companies to evade FMCSA regulation in continuing motor carrier operations, or for the purpose of avoiding or hiding previous noncompliance or safety problems. FMCSA reviewed the inspection records of the affiliated carrier, International Transportation Services, Inc. (USDOT number 2257332), an OP– 1 carrier. International Transportation Services is currently in the Agency’s New Entrant program and has limited inspection data. The company’s SMS data reflects scores of 0% in the Unsafe Driving, Hours of Service Compliance, Driver Fitness and Controlled Substances/Alcohol BASICs. International Transportation Services has insufficient inspections to receive a score in the Vehicle Maintenance BASIC. FMCSA notes that STIL exceeds the intervention thresholds in the Safety Measurement System (SMS) in the Driver Fitness (99.5%) and Vehicle Maintenance (94.8%) Behavioral Analysis and Safety Improvement Categories (BASICs), as of the most recent 2-year period of data ending on March 22, 2013. Of the 1,332 violations in the Driver Fitness BASIC, 1,320 involve the English language proficiency (ELP) of PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 the drivers. The drivers approved for this pilot program completed ELP testing during the PASA. Regarding Vehicle Maintenance, the Agency notes that STIL will be using 2008 and 2011 model year vehicles in the program and the vehicles passed the inspections required to obtain a Commercial Vehicle Safety Alliance (CVSA) decal. As a requirement of the pilot program, the vehicles must be reinspected every 90 days and display a valid CVSA decal. STIL has requested the use of 13 drivers and 20 vehicles to participate in the pilot program. None of the proposed drivers have any driver out of service violations noted on the 415 inspections conducted during the 24 months prior to March 22, 2013. Of the 20 vehicles on which FMCSA conducted inspections, all passed inspection and received CVSA decals. The fleet includes both 2008 Freightliners and 2011 Internationals. A review of the 20 vehicles’ inspection histories indicates 804 inspections during the 24 months on or before March 22, 2013. The inspections resulted in 197 violations, of which 38 constituted out-of-service violations. The Agency identified 3 crashes involving STIL reported to the Motor Carrier Management Information System (MCMIS) during the 2-year reporting period ending March 22, 2013. All crashes involved tow-away activity but no fatalities or injuries. STIL has had 13 enforcement actions between 2000 and 2012; all but one of those cases occurred prior to 2012. The most recent enforcement action in 2012 involved a violation of 49 CFR 396.7, operating a motor vehicle in such a condition as to likely cause accident or breakdown, discovered during a roadside E:\FR\FM\01MYN1.SGM 01MYN1 wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices inspection. The notice of claim (NOC) was closed with a signed settlement agreement and prompt payment of assessments. STIL does not have any open enforcement cases. The motor carrier currently has a driver out-ofservice rate of 0% and a vehicle out-ofservice rate of 9.0%. Both rates fall well below the current national averages of 5.5% and 20.7%, respectively. STIL is currently a hazardous materials carrier (registration #060210600018SU) registered with the Pipeline and Hazardous Materials Safety Agency (PHMSA) and reports the transportation of 7 types of hazardous materials on its MCS–150 filing for its OP–2 (commercial zone) authority. The motor carrier uses a specific fleet of vehicles and a specific dispatch location for its commercial zone operations. The fleet of vehicles and the dispatch location for these operations differ entirely from the vehicles and dispatch location for the upcoming OP–1MX authority operations. STIL will be subject to the terms and conditions of the pilot program, and during the PASA process FMCSA confirmed that STIL will not transport placardable hazardous materials under the upcoming OP–1MX authority the pilot program. To obtain additional information about the current operating characteristics of the company and to further explore the reasons for the carrier’s high BASICs scores, FMCSA completed a compliance review on February 15, 2013. The results identified five violations: (1) Sec. 382.301(a), using a driver before the motor carrier has received a negative pre-employment controlled substance test result; (2) Sec. 390.15(b), failing to maintain, for a period of 3 years after an accident occurs, an accident register; (3) Sec. 391.11(b)(6), failing to require driver to furnish list of motor vehicle traffic violations each 12 months; (4) Sec. 395.8(a), failing to require driver to make a record of duty status; and (5) Sec. 396.9(d)(3), failing to maintain completed inspection form for 12 months from the date of inspection at the carrier’s principal place of business). No acute violations were discovered, and the violations of critical regulations did not rise to the level of critical violation. The carrier received a ‘‘Satisfactory’’ safety rating upon conclusion of the compliance review. The Agency provided the carrier with recommendations for correcting the violations, and corrective actions will be verified when the Agency conducts another compliance review on the company within 18 months, as required under the Pilot Program. VerDate Mar<15>2010 14:21 Apr 30, 2013 Jkt 229001 A copy of the compliance review report is available on the Agency’s Web site for the Pilot Program with the PASA document. The Agency noted some differences between information provided by the motor carrier during the PASA and the compliance review, such as vehicle and driver counts, mileage, and gross revenues. The motor carrier explained that they ceased some operations, reducing the vehicles, drivers, and mileage. The differences on revenue figures were the company’s total revenue versus the revenue of the cross border operations. 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: April 19, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–10305 Filed 4–30–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2013 0048] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ALCHEMY; Invitation for Public Comments Maritime Administration, Department of Transportation. AGENCY: PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 ACTION: 25529 Notice. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before May 31, 2013. ADDRESSES: Comments should refer to docket number MARAD–2013–0048. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel ALCHEMY is: Intended Commercial Use of Vessel: ‘‘Uninspected six-pack sailing charters and instruction’’. Geographic Region: ‘‘California, Washington, Oregon’’. The complete application is given in DOT docket MARAD–2013–0048 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25525-25529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10305]


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

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).

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 
Servicio de Transporte Internacional y Local SA de CV (STIL) with U.S. 
Department of Transportation (USDOT) number 557341, 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. 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 May 13, 2013.

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 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 
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    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; email marcelo.perez@dot.gov.

[[Page 25526]]


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 June 13, 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.
    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-226885);
    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 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

[[Page 25527]]

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 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 Servicio de Transporte                       557341  .................
 Internacional y Local SA de CV...
------------------------------------------------------------------------


                             Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Column E--    Column F--                     Column H--
Column A--row   Column B--name of  Column C--US   Column D--FMCSA      PASA          PASA       Column G--PASA      FMCSA     Column I--US  Column J--US
    Number           carrier        DOT number    register number    initiated     completed       results        register       drivers      vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............  Servicio de               557341  MX-226885           05/23/2012    06/13/2012  Pass...........     4/17/2013            13            20
                Transporte
                Internacional y
                Local SA de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 25528]]


                             Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Column K-
 Column A-   Column B-name of   Column C-US  Column D-FMCSA      passed        Column L-If      Column M-      Column N-      Column O-      Column P-
 row Number       carrier       DOT number       register     verification      no, which    passed phase 1   passed phase   passed phase   passed phase
                                                 Number       of 5 elements  element failed      factor 1     1  factor 2    1  factor 3    1  factor 4
----------------------------------------------------------------(Yes/No)--------------------------------------------------------------------------------
1..........  Servicio de             557341  MX-226885       Yes...........  None..........  Pass..........  Pass.........  Pass.........  Pass
              Transporte
              Internacional y
              Local 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
                                                               Column Q--      Column R--      Column S--    Column T--     Column U--    of controlled
 Column A--   Column B--name   Column C--US    Column D--    passed phase I  passed phase I    Number US      Number US     controlled    substances and
  row No.       of carrier        DOT No.         FMCSA          factor 5        factor 6       vehicles      vehicles      substance        alcohol
                                              register No.                                     inspected     issued CVSA    collection      collection
                                                                                                                decal                        facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..........  Servicio de             557341  MX-226885       N/A...........  Pass..........  20...........            20  MX...........  Quest
              Transporte                                                                                                                  Diagnostics
              Internacional y                                                                                                             Mexico SA de
              Local SA de CV.                                                                                                             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 http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that 
participated in the Agency's demonstration project that 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.
    During the PASA process, the auditor conducting the PASA identified 
no acute violations but did identify violations of three critical 
regulations: (1) driver qualification files that did not include 
drivers' certification of violations (49 CFR Sec.  391.51(a)), (2) 
absence of carrier inquiries about drivers' drug and alcohol history 
(49 CFR 391.51(b)(2)), and (3) improper use of the 100-air-mile-radius 
exemption (49 CFR 395.1(e). None of the violations, alone or in 
combination, rises to a level that results in a failure of the PASA or 
a failure in any of the five factors for evaluation.
    The Agency acknowledges that through the PASA process it was 
determined that STIL had affiliations not identified in the original 
application. It was noted during the Agency's vetting and documented as 
an attachment to the PASA. STIL submitted for the record a letter 
confirming the relationship with a U.S.-domiciled motor carrier, 
International Transportation Services, Inc. (USDOT2257332). 
During its vetting of the application and the PASA, FMCSA confirmed 
that STIL did not establish or use the affiliated companies to evade 
FMCSA regulation in continuing motor carrier operations, or for the 
purpose of avoiding or hiding previous non-compliance or safety 
problems.
    FMCSA reviewed the inspection records of the affiliated carrier, 
International Transportation Services, Inc. (USDOT number 2257332), an 
OP-1 carrier. International Transportation Services is currently in the 
Agency's New Entrant program and has limited inspection data. The 
company's SMS data reflects scores of 0% in the Unsafe Driving, Hours 
of Service Compliance, Driver Fitness and Controlled Substances/Alcohol 
BASICs. International Transportation Services has insufficient 
inspections to receive a score in the Vehicle Maintenance BASIC.
    FMCSA notes that STIL exceeds the intervention thresholds in the 
Safety Measurement System (SMS) in the Driver Fitness (99.5%) and 
Vehicle Maintenance (94.8%) Behavioral Analysis and Safety Improvement 
Categories (BASICs), as of the most recent 2-year period of data ending 
on March 22, 2013.
    Of the 1,332 violations in the Driver Fitness BASIC, 1,320 involve 
the English language proficiency (ELP) of the drivers. The drivers 
approved for this pilot program completed ELP testing during the PASA. 
Regarding Vehicle Maintenance, the Agency notes that STIL will be using 
2008 and 2011 model year vehicles in the program and the vehicles 
passed the inspections required to obtain a Commercial Vehicle Safety 
Alliance (CVSA) decal. As a requirement of the pilot program, the 
vehicles must be reinspected every 90 days and display a valid CVSA 
decal.
    STIL has requested the use of 13 drivers and 20 vehicles to 
participate in the pilot program. None of the proposed drivers have any 
driver out of service violations noted on the 415 inspections conducted 
during the 24 months prior to March 22, 2013. Of the 20 vehicles on 
which FMCSA conducted inspections, all passed inspection and received 
CVSA decals. The fleet includes both 2008 Freightliners and 2011 
Internationals.
    A review of the 20 vehicles' inspection histories indicates 804 
inspections during the 24 months on or before March 22, 2013. The 
inspections resulted in 197 violations, of which 38 constituted out-of-
service violations.
    The Agency identified 3 crashes involving STIL reported to the 
Motor Carrier Management Information System (MCMIS) during the 2-year 
reporting period ending March 22, 2013. All crashes involved tow-away 
activity but no fatalities or injuries. STIL has had 13 enforcement 
actions between 2000 and 2012; all but one of those cases occurred 
prior to 2012. The most recent enforcement action in 2012 involved a 
violation of 49 CFR 396.7, operating a motor vehicle in such a 
condition as to likely cause accident or breakdown, discovered during a 
roadside

[[Page 25529]]

inspection. The notice of claim (NOC) was closed with a signed 
settlement agreement and prompt payment of assessments. STIL does not 
have any open enforcement cases. The motor carrier currently has a 
driver out-of-service rate of 0% and a vehicle out-of-service rate of 
9.0%. Both rates fall well below the current national averages of 5.5% 
and 20.7%, respectively.
    STIL is currently a hazardous materials carrier (registration 
060210600018SU) registered with the Pipeline and Hazardous 
Materials Safety Agency (PHMSA) and reports the transportation of 7 
types of hazardous materials on its MCS-150 filing for its OP-2 
(commercial zone) authority. The motor carrier uses a specific fleet of 
vehicles and a specific dispatch location for its commercial zone 
operations. The fleet of vehicles and the dispatch location for these 
operations differ entirely from the vehicles and dispatch location for 
the upcoming OP-1MX authority operations. STIL will be subject to the 
terms and conditions of the pilot program, and during the PASA process 
FMCSA confirmed that STIL will not transport placardable hazardous 
materials under the upcoming OP-1MX authority the pilot program.
    To obtain additional information about the current operating 
characteristics of the company and to further explore the reasons for 
the carrier's high BASICs scores, FMCSA completed a compliance review 
on February 15, 2013. The results identified five violations: (1) Sec. 
382.301(a), using a driver before the motor carrier has received a 
negative pre-employment controlled substance test result; (2) Sec. 
390.15(b), failing to maintain, for a period of 3 years after an 
accident occurs, an accident register; (3) Sec. 391.11(b)(6), failing 
to require driver to furnish list of motor vehicle traffic violations 
each 12 months; (4) Sec. 395.8(a), failing to require driver to make a 
record of duty status; and (5) Sec. 396.9(d)(3), failing to maintain 
completed inspection form for 12 months from the date of inspection at 
the carrier's principal place of business). No acute violations were 
discovered, and the violations of critical regulations did not rise to 
the level of critical violation. The carrier received a 
``Satisfactory'' safety rating upon conclusion of the compliance 
review. The Agency provided the carrier with recommendations for 
correcting the violations, and corrective actions will be verified when 
the Agency conducts another compliance review on the company within 18 
months, as required under the Pilot Program.
    A copy of the compliance review report is available on the Agency's 
Web site for the Pilot Program with the PASA document. The Agency noted 
some differences between information provided by the motor carrier 
during the PASA and the compliance review, such as vehicle and driver 
counts, mileage, and gross revenues. The motor carrier explained that 
they ceased some operations, reducing the vehicles, drivers, and 
mileage. The differences on revenue figures were the company's total 
revenue versus the revenue of the cross border operations.

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: April 19, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-10305 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-EX-P