Pilot Program on NAFTA Trucking Provisions, 25525-25529 [2013-10305]
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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Notices
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of this notice and all laws under which
such actions were taken, including but
not limited to:
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Policy Act (NEPA) [42 U.S.C. 4321–
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2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
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8. Hazardous Materials:
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Act [42 U.S.C. 9601–9675]; Superfund
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9. Executive Orders: E.O. 11990
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Floodplain Management; E.O.12898
Federal Actions to Address
Environmental Justice in Minority
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Populations; E.O. 11593 Protection and
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13175 Consultation and Coordination
with Indian Tribal Governments; E.O.
11514 Protection and Enhancement of
Environmental Quality; and E.O. 13112
Invasive Species.
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(Catalog of Federal Domestic Assistance
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Authority: 23 U.S.C. 139(l)(1).
Issued on: April 25, 2013.
Steve Pyburn,
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[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
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
DATES:
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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 https://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
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.
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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
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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:
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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 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
(FMCSRs) and Hazardous Materials
Regulations (HMRs). Acute regulations
are those where noncompliance is so
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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
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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 .............
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Column I—
US drivers
13
Column J—
US vehicles
20
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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.
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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 https://
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
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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
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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
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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 https://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 https://
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
https://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 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, 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 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.
[[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 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
[[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 https://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
