Pilot Program on NAFTA Trucking Provisions, 38431-38435 [2013-15330]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Mark Winter, Tennessee Valley Authority, 1101 Market Street (MP–3C), Chattanooga, Tennessee 37402–2801; (423) 751–6004. Comments should be sent to the Agency Clearance Officer no later than July 26, 2013. SUPPLEMENTARY INFORMATION: Type of Request: Reauthorization. Title of Information Collection: Section 26a Permit Application. Frequency of Use: On occasion. Type of Affected Public: Individuals or households, state or local governments, farms, businesses, or other for-profit Federal agencies or employees, non-profit institutions, small businesses or organizations. Small Businesses or Organizations Affected: Yes. Federal Budget Functional Category Code: 452. Estimated Number of Annual Responses: 4000. Estimated Total Annual Burden Hours: 8000. Estimated Average Burden Hours per Response: 2.0. Need For and Use of Information: TVA Land Management activities and Section 26a of the Tennessee Valley Authority Act of 1933, as amended, require TVA to collect information relevant to projects that will impact TVA land and land rights and review and approve plans for the construction, operation, and maintenance of any dam, appurtenant works, or other obstruction affecting navigation, flood control, or public lands or reservations across, along, or in the Tennessee River or any of its tributaries. The information is collected via paper forms and/or electronic submissions and is used to assess the impact of the proposed project on TVA land or land rights and statutory TVA programs to determine if the project can be approved. Rules for implementation of TVA’s Section 26a responsibilities are published in 18 CFR part 1304. Michael T. Tallent, Director, Enterprise Information Security & Policy. [FR Doc. 2013–15206 Filed 6–25–13; 8:45 am] BILLING CODE 8120–08–P VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Safe Disposition of Life-Limited Aircraft Parts Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. This collection involves response to the Wendall H. Ford Investment and Reform Act for the 21st Century which requires that all persons who remove any life-limited aircraft part have a method to prevent the installation of that part after it has reached its life limit. DATES: Written comments should be submitted by August 26, 2013. FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at (405) 954–9362, or by email at: Kathy.A.DePaepe@faa.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 2120–0665. Title: Safe Disposition of Life-Limited Aircraft Parts. Form Numbers: There are no FAA forms associated with this collection of information. Type of Review: Renewal of an information collection. Background: 14 CFR Part 43 requires a record keeping system to be maintained that will aid aircraft operators in determining the status of the life-limited parts from inadvertently being installed that have reached their life limit. This action reduces the risk of life-limited parts being used beyond their life limits. This action also requires that manufacturers of lifelimited parts provide marking instructions, when requested. Respondents: Approximately 8,000 air carriers, repair stations, and mechanics. Frequency: Information is collected on occasion. Estimated Average Burden per Response: 15 minutes. Estimated Total Annual Burden: 104,000 hours. ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy DePaepe, Room 126B, Federal Aviation Administration, AES–200, 6500 S. SUMMARY: PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 38431 MacArthur Blvd., Oklahoma City, OK 73169. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Issued in Washington, DC, on June 20, 2013. Albert R. Spence, FAA Assistant Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. 2013–15315 Filed 6–25–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0097] Pilot Program on NAFTA Trucking Provisions Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice; request for public comment. AGENCY: FMCSA announces and requests public comment on data and information concerning the PreAuthorization Safety Audit (PASA) for Sergio Tristan Maldonado doing business as Tristan Transfer (Tristan) with U.S. Department of Transportation (USDOT) number 2348928, which applied to participate in the Agency’s long-haul pilot program to test and demonstrate the ability of Mexicodomiciled motor carriers to operate safely in the United States beyond the municipalities 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. SUMMARY: Comments must be received on or before July 8, 2013. • ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– DATES: E:\FR\FM\26JNN1.SGM 26JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 38432 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices 2011–0097 by any one of the following methods: • Federal eRulemaking Portal: To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number ‘‘FMCSA–2011–0097’’ and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. • 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. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. All submissions must include the Agency name and docket number for this notice. See the ‘‘Public Participation’’ heading below for instructions on retrieving 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 received, go to http:// www.regulations.gov at any time and in the search box insert the docket number ‘‘FMCSA–2011–0097’’ and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. You may also go to Room W12–140 on the ground floor of the DOT Headquarters Building at 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. Public Participation: The http:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can get VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 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. 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 the DOT Privacy Act Statement for the Federal Docket Management System published in the Federal Register on December 29, 2010 (75 FR 82132), or you may visit http:// www.gpo.gov/fdsys/pkg/FR-2010-12-29/ pdf/2010-32876.pdf. FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Telephone (512) 916–5440 Ext. 228; email marcelo.perez@dot.gov. SUPPLEMENTARY INFORMATION: Background On May 25, 2007, the President signed into law the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (the Act), (Pub. L. 110–28, 121 Stat. 112, 183, May 25, 2007). Section 6901 of the Act requires that certain actions be taken by the Department of Transportation (the Department) as a condition of obligating or expending appropriated funds to grant authority to Mexico-domiciled motor carriers to operate beyond the municipalities in the United States on the United States-Mexico international border or the commercial zones of such municipalities (border commercial zones). On July 8, 2011, FMCSA announced in the Federal Register [76 FR 40420] its intent to proceed with the initiation of a U.S.-Mexico cross-border long-haul trucking pilot program to test and demonstrate the ability of 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 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 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 November 20, 2012. FMCSA announces that the Mexicodomiciled 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 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 E:\FR\FM\26JNN1.SGM 26JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices 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#—not yet assigned); 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; VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 d. Verify records of periodic vehicle inspections; and e. Verify the qualifications of each driver the carrier intends to use under such authority, as required by 49 CFR parts 383 and 391, including confirming the validity of each driver’s Licencia Federal de Conductor and English language proficiency. L. If No, Which Element Failed: If FMCSA cannot verify one or more of the five mandatory elements outlined in 49 CFR part 365, Appendix A, Section III, this column will specify which mandatory element(s) cannot be verified. Please note that for items L through P below, during the PASA, after verifying the five mandatory elements discussed in item K above, FMCSA will gather information by reviewing a motor carrier’s compliance with ‘‘acute and critical’’ regulations of the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). Acute regulations are those where noncompliance is so severe as to require immediate corrective actions by a motor carrier regardless of the overall basic safety management controls of the motor carrier. Critical regulations are those where noncompliance relates to management and/or operational controls. These regulations are indicative of breakdowns in a carrier’s management controls. A list of acute and critical regulations is included in 49 CFR part 385, Appendix B, Section VII. Parts of the FMCSRs and HMRs having similar characteristics are combined together into six regulatory areas called ‘‘factors.’’ The regulatory factors are intended to evaluate the adequacy of a carrier’s management controls. M. Passed Phase 1, Factor 1: A ‘‘yes’’ in this column indicates the carrier has successfully met Factor 1 (listed in part 365, Subpart E, Appendix A, Section IV(f)). Factor 1 includes the General Requirements outlined in parts 387 (Minimum Levels of Financial Responsibility for Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations—General). N. Passed Phase 1, Factor 2: A ‘‘yes’’ in this column indicates the carrier has successfully met Factor 2, which includes the Driver Requirements outlined in parts 382 (Controlled Substances and Alcohol Use and Testing), 383 (Commercial Driver’s License Standards; Requirements and Penalties) and 391 (Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors). O. Passed Phase 1, Factor 3: A ‘‘yes’’ in this column indicates the carrier has PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 38433 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 E:\FR\FM\26JNN1.SGM 26JNN1 38434 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices 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 that has 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. Sergio Tristan Maldonado dba Tristan Transfer ....................................................................................................................................................................... 2348928 TABLE 2—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION [See also Tables 3 and 4] Column A— row No. 1 ................. Column C— US DOT No. Column D— FMCSA register No. Column E— PASA initiated Column F— PASA completed Column G— PASA results Column H— FMCSA register Column I— US drivers Column J— US vehicles 2348928 Column B—name of carrier MX-None .... 11/13/2012 11/20/2012 Pass ........... 6/17/2013 2 1 Sergio Tristan Maldonado dba Tristan Transfer. TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION [See also Tables 2 and 4] Column A— row No. 1 ................. Column B—name of carrier Column C— US DOT No. Column D— FMCSA register No. 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 2348928 MX-None .... Yes ............. None ........... Pass ........... Pass ........... Pass ........... Pass. Sergio Tristan Maldonado dba Tristan Transfer. TABLE 4—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION [See also Tables 2 and 3] Column B—name of carrier 1 ................. mstockstill on DSK4VPTVN1PROD with NOTICES Column A— row No. 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 2348928 MX-None .... N/A Pass ........... 3 3 MX .............. Sergio Tristan Maldonado dba Tristan Transfer. 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 VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 carrier’s tax identification number, is also redacted. In response to previous comments received regarding the PASA notice process, FMCSA also posted copies of the vehicle inspections conducted during the PASA in the PASA document. A list of the carrier’s vehicles approved by FMCSA for use in the pilot program is also available at the above referenced Web site. The Agency acknowledges that through the PASA process it was determined that Sergio Tristan Maldonado had an affiliation not identified in the original application. It PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 Column V— name of controlled substances and alcohol collection facility Laredo Urgent Care. was noted during the Agency’s vetting and documented as an attachment to the PASA. Sergio Tristan Maldonado submitted for the record a letter explaining the relationship with a Mexico-domiciled motor carrier, Maria Higinia Tristan Maldonado dba Trujillo’s Transfer (USDOT #1771021). Maria Higinia Tristan Maldonado is the sister of Sergio Tristan Maldonado. She currently employs him as a manager and operates the vehicle and employs the two drivers that Sergio Tristan Maldonado plans to use in the Pilot Program. During its vetting of the application and the PASA, FMCSA E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES confirmed that Sergio Tristan Maldonado did not establish or use the affiliated company to evade FMCSA regulation in continuing motor carrier operations, or fail to disclose the affiliation for the purpose of avoiding or hiding previous non-compliance or safety problems. FMCSA reviewed the inspection records of the affiliated carrier, Maria Higinia Tristan Maldonado dba Trujillo’s Transfer, an OP–2 carrier. This affiliated company has Safety Measurement System (SMS) scores that exceed the Behavioral Analysis and Safety Improvement Categories (BASICs) thresholds in two areas: Driver Fitness and Vehicle Maintenance. The Agency will be monitoring the safety of the affiliated carrier through SMS and will take action directly on the carriers, if appropriate. Researching further, FMCSA reviewed a relationship that Maria Higinia Tristan Maldonado dba Trujillo’s Transfer has with a Mexico-domiciled motor carrier, Maria Dolores Rosas Velazquez dba Transportes Cel; USDOT #2161024, because Trujillo’s Transfer vehicles (including the vehicle Tristan Transfer plans to use in the Pilot Program) were used by Transportes Cel in the past. According to a statement provided by the Pilot Program applicant Sergio Tristan Maldonado, Transportes Cel operated these vehicles for a period of time under an agreement made between Trujillo’s Transfer and Transportes Cel. Sergio Tristan Maldonado has no affiliation with Transportes Cel. Two of the three vehicles submitted for planned operation in the Pilot Program, a 1995 U.S. manufactured Volvo, and a 1996 U.S. manufactured International, were deemed ineligible for participation as not able to meet EPA vehicle emissions standards required for the Pilot Program. The two approved drivers passed the English language proficiency evaluation during the PASA. 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 VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 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: June 18, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–15330 Filed 6–25–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0181] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus requirement; request for comments. AGENCY: FMCSA announces receipt of applications from 24 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 26, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2013–0181 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 38435 DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 24 individuals listed in this notice have recently requested such an E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38431-38435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15330]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0097]


Pilot Program on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice; request for public comment.

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SUMMARY: FMCSA announces and requests public comment on data and 
information concerning the Pre-Authorization Safety Audit (PASA) for 
Sergio Tristan Maldonado doing business as Tristan Transfer (Tristan) 
with U.S. Department of Transportation (USDOT) number 2348928, 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 July 8, 2013.

 ADDRESSES: You may submit comments identified by 
Federal Docket Management System Number FMCSA-

[[Page 38432]]

2011-0097 by any one of the following methods:
     Federal eRulemaking Portal: To submit your comment online, 
go to http://www.regulations.gov and in the search box insert the 
docket number ``FMCSA-2011-0097'' and click the search button. When the 
new screen appears, click on the blue ``Comment Now!'' button on the 
right hand side of the page. On the new page, enter information 
required including the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation.
     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. If 
you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. All submissions must include the 
Agency name and docket number for this notice. See the ``Public 
Participation'' heading below for instructions on retrieving 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 received, go to http://www.regulations.gov at any time and in 
the search box insert the docket number ``FMCSA-2011-0097'' and click 
``Search.'' Next, click ``Open Docket Folder'' and you will find all 
documents and comments related to this notice. You may also go to Room 
W12-140 on the ground floor of the DOT Headquarters Building at 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal holidays.
    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.
    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 the DOT 
Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on December 29, 2010 (75 FR 82132), 
or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American 
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone (512) 916-5440 Ext. 228; email marcelo.perez@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2007, the President signed into law the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112, 
183, May 25, 2007). Section 6901 of the Act requires that certain 
actions be taken by the Department of Transportation (the Department) 
as a condition of obligating or expending appropriated funds to grant 
authority to Mexico-domiciled motor carriers to operate beyond the 
municipalities in the United States on the United States-Mexico 
international border or the commercial zones of such municipalities 
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR 
40420] its intent to proceed with the initiation of a U.S.-Mexico 
cross-border long-haul trucking pilot program to test and demonstrate 
the ability of Mexico-domiciled motor carriers to operate safely in the 
United States beyond the border commercial zones as detailed in the 
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The 
pilot program is a part of FMCSA's implementation of the North American 
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions 
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed, 
assessed, and evaluated the required safety measures as noted in the 
July 8, 2011, notice and considered all comments received on or before 
May 13, 2011, in response to the April 13, 2011, notice. Additionally, 
to the extent practicable, FMCSA considered comments received after May 
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is 
required to publish in the Federal Register, and provide sufficient 
opportunity for public notice and comment comprehensive data and 
information on the PASAs 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 November 20, 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

[[Page 38433]]

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--not yet 
assigned);
    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 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

[[Page 38434]]

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 that has 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.
------------------------------------------------------------------------
Sergio Tristan Maldonado dba Tristan Transfer..............      2348928
------------------------------------------------------------------------


                                          Table 2--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                [See also Tables 3 and 4]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Column C--                     Column E--   Column F--                     Column H--   Column I--   Column J--
Column A--row No.   Column B--name of    US DOT No.   Column D--FMCSA      PASA         PASA      Column G--PASA      FMCSA      US drivers  US vehicles
                         carrier                       register No.     initiated    completed        results        register
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................  Sergio Tristan           2348928  MX-None.........   11/13/2012   11/20/2012  Pass............    6/17/2013            2            1
                    Maldonado dba
                    Tristan Transfer.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 3--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                [See also Tables 2 and 4]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Column K--
                                   Column C--    Column D--        Passed      Column L-- If    Column M--     Column N--     Column O--     Column P--
 Column A--row   Column B--name    US DOT No.       FMCSA       verification     no, which     Passed phase   passed phase   passed phase   passed phase
      No.          of carrier                   register No.    of 5 elements     element      1  factor 1    1  factor 2    1  factor 3    1  factor 4
                                                                  (yes/no)         failed
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............  Sergio Tristan        2348928  MX-None.......  Yes...........  None.........  Pass.........  Pass.........  Pass.........  Pass.
                 Maldonado dba
                 Tristan
                 Transfer.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 4--Successful Pre-Authorization Safety Audit (PASA) Information
                                                                [See also Tables 2 and 3]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Column V--name
                                                                   Column Q--                    Column S--   Column T--    Column U--     of controlled
 Column A--row   Column B--name of   Column C--  Column D--FMCSA     passed       Column R--     number US    number US     controlled    substances and
      No.             carrier        US DOT No.    register No.     phase I     passed phase I    vehicles     vehicles      substance        alcohol
                                                                    factor 5       factor 6      inspected   issued CVSA    collection      collection
                                                                                                                decal                        facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..............  Sergio Tristan         2348928  MX-None........          N/A  Pass...........            3            3  MX............  Laredo Urgent
                  Maldonado dba                                                                                                            Care.
                  Tristan Transfer.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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.
    The Agency acknowledges that through the PASA process it was 
determined that Sergio Tristan Maldonado had an affiliation not 
identified in the original application. It was noted during the 
Agency's vetting and documented as an attachment to the PASA. Sergio 
Tristan Maldonado submitted for the record a letter explaining the 
relationship with a Mexico-domiciled motor carrier, Maria Higinia 
Tristan Maldonado dba Trujillo's Transfer (USDOT 1771021). 
Maria Higinia Tristan Maldonado is the sister of Sergio Tristan 
Maldonado. She currently employs him as a manager and operates the 
vehicle and employs the two drivers that Sergio Tristan Maldonado plans 
to use in the Pilot Program. During its vetting of the application and 
the PASA, FMCSA

[[Page 38435]]

confirmed that Sergio Tristan Maldonado did not establish or use the 
affiliated company to evade FMCSA regulation in continuing motor 
carrier operations, or fail to disclose the affiliation for the purpose 
of avoiding or hiding previous non-compliance or safety problems.
    FMCSA reviewed the inspection records of the affiliated carrier, 
Maria Higinia Tristan Maldonado dba Trujillo's Transfer, an OP-2 
carrier. This affiliated company has Safety Measurement System (SMS) 
scores that exceed the Behavioral Analysis and Safety Improvement 
Categories (BASICs) thresholds in two areas: Driver Fitness and Vehicle 
Maintenance. The Agency will be monitoring the safety of the affiliated 
carrier through SMS and will take action directly on the carriers, if 
appropriate.
    Researching further, FMCSA reviewed a relationship that Maria 
Higinia Tristan Maldonado dba Trujillo's Transfer has with a Mexico-
domiciled motor carrier, Maria Dolores Rosas Velazquez dba Transportes 
Cel; USDOT 2161024, because Trujillo's Transfer vehicles 
(including the vehicle Tristan Transfer plans to use in the Pilot 
Program) were used by Transportes Cel in the past. According to a 
statement provided by the Pilot Program applicant Sergio Tristan 
Maldonado, Transportes Cel operated these vehicles for a period of time 
under an agreement made between Trujillo's Transfer and Transportes 
Cel. Sergio Tristan Maldonado has no affiliation with Transportes Cel.
    Two of the three vehicles submitted for planned operation in the 
Pilot Program, a 1995 U.S. manufactured Volvo, and a 1996 U.S. 
manufactured International, were deemed ineligible for participation as 
not able to meet EPA vehicle emissions standards required for the Pilot 
Program.
    The two approved drivers passed the English language proficiency 
evaluation during the PASA.

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: June 18, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-15330 Filed 6-25-13; 8:45 am]
BILLING CODE 4910-EX-P