Pilot Program on NAFTA Trucking Provisions, 60010-60014 [2013-23760]
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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices
assessment on immediate and mid-term
improvements to the current toll barrier
that will improve operations, safety, and
reduce congestion. Proposed immediate
actions in the feasibility study will
improve operations and safety, and midterm improvements have the potential
to address all capacity issues at the
barrier today, as well as maintain
viability of the toll plaza for the next 10
years. The improvements now being
considered will not have a significant
impact on the environment and will be
progressed as Categorical Exclusion(s)
or equivalent under the State
Environmental Quality Review Process.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 315; 23 CFR 771.123.
Issued on: September 23, 2013.
Michael Canavan,
Chief, Operating Officer, Federal Highway
Administration, Albany, New York .
[FR Doc. 2013–23585 Filed 9–27–13; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No FMCSA–2011–0097]
Pilot Program on NAFTA Trucking
Provisions
Public Participation and Request for
Comments
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
Transportation and Cargo Solutions S de
RL de CV (TRACSO) with U.S.
Department of Transportation (USDOT)
number 779973, 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.
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SUMMARY:
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Comments must be received on
or before October 10, 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.
FOR FURTHER INFORMATION CONTACT:
Carla Vagnini, FMCSA, North American
Borders Division, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Telephone (202) 366–3771 or
email carla.vagnini@dot.gov. Office
hours are from 8:00 a.m. to 4:30 p.m.,
e.t., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
DATES:
FMCSA encourages you to participate
by submitting comments and related
materials. 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 Web site. Comments received
after the comment closing date will be
included in the docket, and will be
considered to the extent practicable.
Submitting Comments
If you submit a comment, please
include the docket number (FMCSA–
2011–0097), indicate the specific
question to which each comment
responds, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
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address, an email address, or a phone
number in the body of your document
so the Agency can contact you if it has
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov and type
‘‘FMCSA–2011–0097’’ in the search box.
Locate this document in the list and
click on ‘‘Comment Now!’’ 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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and type
‘‘FMCSA–2011–0097’’ in the search box
and locate this document in the list.
Next, click ‘‘Open Docket Folder’’ and
click on the title of the document you
wish to view. If you do not have access
to the Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday.
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.
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.
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
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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 18, 2013. 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.
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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:
a. Current registration number (e.g.,
[INSERT MX NUMBER]);
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.
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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
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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 that has
completed the PASA.
TABLE 1
Row number
in Tables 2,
3 and 4 of
the Appendix
to today’s notice
1 ..................
Name of carrier
USDOT No.
Transportation and
Cargo Solutions S
de RL de
CV.
779973
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
1 ...............
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Column
A—Row
Number
Transportation and
Cargo Solutions S
de RL de
CV.
779973
MX–347064
04/23/2013
06/18/2013
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Col. G—
PASA
Results
Pass
Col. H—
FMCSA
Register
MX–347064
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Col. I US
Drivers
Col. J—US
Vehicles
4
7
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TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 2 AND 4)
Column
A—Row
Number
Column B—
Name of
Carrier
Column C—
US DOT
Number
1 ...............
Transportation and
Cargo Solutions S
de RL de
CV.
779973
Column DFMCSA
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
YES
N/A
YES
YES
YES
YES
MX–347064
TABLE 4—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION AS OF SEPTEMBER 9, 2011 (SEE ALSO
TABLES 2 AND 3)
Column B—
Name of
Carrier
Column C—
US DOT
Number
Column D—
FMCSA
Register
Number
Column Q—
Passed
Phase I
Factor 5
Column R—
Passed
Phase I
Factor 6
Column S—
Number US
Vehicles
inspected
1 ...............
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Column
A—Row
Number
Column T—
Number US
Vehicles
issued
CVSA decal
Transportation and
Cargo Solutions S
de RL de
CV.
779973
MX–347064
YES
YES
7
7
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.
The Agency acknowledges that
through the PASA process it was
determined that TRACSO had an
affiliation not identified in the original
application. This was noted during the
Agency’s vetting and documented as an
attachment to the PASA. TRACSO
officials submitted for the record a letter
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confirming the relationship with a U.S.domiciled motor carrier, XIM
Enterprises, LLC. The letter states XIM
Enterprises LLC received their authority
in January 2013, which was after
TRACSO submitted their OP–1 (MX)
application to participate in the Pilot
Program. The letter further stated that
XIM Enterprises LLC has never begun
operations. It should be noted that
TRACSO officials have since
deactivated the US DOT number and
operating authority for XIM Enterprises
LLC. During its vetting of the
application and the PASA, FMCSA
confirmed that TRACSO did not
establish or use the affiliated company
to evade FMCSA regulations in
continuing motor carrier operations, or
for the purpose of avoiding or hiding
previous non-compliance or safety
problems.
TRACSO was issued a Certificate of
Registration to operate wholly within
the commercial zones and
municipalities along the southern
international border in September 2003
and had a safety audit conducted on its
operations in the United States on
October 16, 2003. The company passed
the safety audit with no violations noted
on the report.
During the PASA, the Agency found
that TRACSO had deficiencies noted in
its driver qualification file, as the files
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Column U—
Controlled
Substance
Collection
US
Column V—
Name of
Controlled
Substances
and
Alcohol
Collection
Facility
Quest
Diagnostic
Laboratories
were missing complete employment
applications and controlled substance
and alcohol testing history from
previous employers.
The PASA also found that on at least
one occasion the motor carrier failed to
require its driver to prepare and submit
a record of duty status when it failed to
meet each of the requirements of the 100
air-mile radius exemption. Finally, on at
least one occasion the motor carrier
failed to ensure that drivers do not drive
a vehicle without the cargo being
properly distributed and adequately
secured. However, these issues, while
noted as violations on the PASA, are not
grounds for the motor carrier to fail the
PASA.
On July 30, 2013, TRACSO provided
a corrective action plan to ensure that
the company had rectified the
deficiencies found in its driver
qualification records, records of duty
status and cargo securement during the
PASA.
Following the PASA, FMCSA
scheduled a compliance review on
TRACSO’s OP–2 commercial zone
operations because TRACSO had Safety
Measurement System (SMS) alerts in
both the Driver Fitness (99.2%) and
Vehicle Maintenance (98.9%)
Behavioral Analysis and Safety
Improvement Categories (BASICs), as of
the most recent 2-year period of data
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ending on July 26, 2013. Of the 1,709
violations in the Driver Fitness BASIC,
1,695 involve the English Language
Proficiency (ELP) of their drivers. The
drivers approved for this pilot program
completed ELP testing during the PASA.
Regarding the Vehicle Maintenance
BASIC, the Agency notes that TRACSO
will be using all 2013 model year
vehicles in the program and the vehicles
passed the inspections required to
obtain a Commercial Vehicle Safety
Alliance safety decal.
The compliance review began on
April 23, 2013, and identified six
violations: (1) 49 CFR
§ 382.401(c)(6)(iii)—Failing to maintain
semi-annual laboratory statistical
summaries of urinalysis required by 49
CFR § 40.111(a); (2) 49 CFR
§ 390.15(b)(1)—Failing to keep an
accident register in the form and
manner prescribed; (3) 49 CFR
391.11(b)(2)/391.11(a)—Using a driver
unable to read and/or speak the English
language; (4) 49 CFR 391.21(a)—Using a
driver who has not completed and
furnished an employment application;
(5) 49 CFR 391.23(e)(1)—Failing to
investigate the driver’s alcohol and
controlled substances history for the
previous 3 years; and (6) 49 CFR
395.8(a)—Failing to require driver to
make a record of duty status. No acute
violations were discovered, and the
violations of critical regulations did not
rise to the level of critical violation.
Thus the carrier received a
‘‘Satisfactory’’ safety rating upon the
conclusion of the compliance review.
The Agency provided TRACSO with
recommendations for correcting the
violations. To address the high Driver
Fitness BASIC, carrier officials stated
they have scheduled English proficiency
training for their drivers, and will
continue to test and monitor their
drivers’ English language proficiency.
Additionally, to address the high
Vehicle Maintenance BASIC, carrier
officials stated they will start a training
program for their drivers on driver
vehicle inspections so they can identify
problems with vehicles and have them
repaired before roadside inspections.
The Agency will monitor the safety of
TRACSO through SMS and take action,
if appropriate. TRACSO is currently a
hazardous materials carrier (reg. #
062212551016U) registered with the
Pipeline and Hazardous Materials Safety
Agency and reports the transportation of
three types of hazardous materials on its
most recent MCS–150 filing in May
2013. TRACSO will be subject to the
terms and conditions of the pilot
program and during the PASA process
FMCSA confirmed that TRACSO will
not transport placardable hazardous
VerDate Mar<15>2010
18:06 Sep 27, 2013
Jkt 229001
materials under the upcoming OP–1MX
authority in the pilot program.
Based on TRACSO’s safety record and
corrective action plan, FMCSA will
proceed in issuing provisional operating
authority for participation in the pilot
program.
Request for Comments
In accordance with the Act, FMCSA
requests public comment from all
interested persons on the PASA
information presented in this notice. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, the FMCSA will also
continue to file, in the public docket,
relevant information that becomes
available after the comment closing
date. Interested persons should continue
to examine the public docket for new
material.
FMCSA notes that under its
regulations, preliminary grants of
authority, pending the carrier’s showing
of compliance with insurance and
process agent requirements and the
resolution of any protests, are publically
noticed through publication in the
FMCSA Register. Any protests of such
grants must be filed within 10 days of
publication of notice in the FMCSA
Register.
Issued on: September 18, 2013.
Anne S. Ferro,
Administrator.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2013–0020]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 16 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.
The exemptions will enable these
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s 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, or
other entity). 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).
Background
[FR Doc. 2013–23760 Filed 9–27–13; 8:45 am]
SUMMARY:
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are effective
September 30, 2013. The exemptions
expire on September 30, 2015.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, Room
W64–224, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
On June 26, 2013, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 16
individuals and requested comments
from the public (78 FR 38439). The
public comment period closed on July
26, 2013, and two comments were
received.
FMCSA has evaluated the eligibility
of the 16 applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(3).
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
E:\FR\FM\30SEN1.SGM
30SEN1
]]>Agencies
[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60010-60014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23760]
-----------------------------------------------------------------------
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
Transportation and Cargo Solutions S de RL de CV (TRACSO) with U.S.
Department of Transportation (USDOT) number 779973, 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 October 10, 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.
FOR FURTHER INFORMATION CONTACT: Carla Vagnini, FMCSA, North American
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone (202) 366-3771 or email carla.vagnini@dot.gov. Office
hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday,
except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. 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 Web site. Comments received after the comment closing date will
be included in the docket, and will be considered to the extent
practicable.
Submitting Comments
If you submit a comment, please include the docket number (FMCSA-
2011-0097), indicate the specific question to which each comment
responds, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so the Agency can contact
you if it has questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
type ``FMCSA-2011-0097'' in the search box. Locate this document in the
list and click on ``Comment Now!'' 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
type ``FMCSA-2011-0097'' in the search box and locate this document in
the list. Next, click ``Open Docket Folder'' and click on the title of
the document you wish to view. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday. 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.
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.
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
[[Page 60011]]
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 18, 2013. 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., [INSERT MX NUMBER]);
b. Date the notice was published in the FMCSA Register;
c. The applicant's name and address; and
d. Representative or contact information for the applicant.
The FMCSA Register may be accessed through FMCSA's Licensing and
Insurance public Web site at https://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down menu.
I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
d. Verify records of periodic vehicle inspections; and
e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so severe as to
require immediate corrective actions by a motor carrier regardless of
the overall basic safety management controls of the motor carrier.
Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR Part 385, Appendix
B, Section VII.
Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory
[[Page 60012]]
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 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.
------------------------------------------------------------------------
1................................. Transportation and 779973
Cargo Solutions S
de RL de CV.
------------------------------------------------------------------------
Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column D--
Column B--Name of Column C-- FMCSA Column E-- Column F-- Col. G-- Col. H-- Col. I US Col. J--US
Column A--Row Number Carrier US DOT Register PASA PASA PASA FMCSA Drivers Vehicles
Number Number Initiated Completed Results Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................... Transportation and Cargo 779973 MX-347064 04/23/2013 06/18/2013 Pass MX-347064 4 7
Solutions S de RL de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 60013]]
Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column K--
Column D- Passed Column L-- Column M-- Column N-- Column O-- Column P--
Column B--Name of Column C-- FMCSA Verification If No, Passed Passed Passed Passed
Column A--Row Number Carrier US DOT Register of 5 Which Phase 1 Phase 1 Phase 1 Phase 1
Number Number Elements Element Factor 1 Factor 2 Factor 3 Factor 4
(Yes/No) Failed
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................... Transportation and 779973 MX-347064 YES N/A YES YES YES YES
Cargo Solutions S de
RL de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (see also Tables 2 and 3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column V--
Column T-- Name of
Column C-- Column D-- Column Q-- Column R-- Column S-- Number US Column U-- Controlled
Column A--Row Number Column B--Name of US DOT FMCSA Passed Passed Number US Vehicles Controlled Substances
Carrier Number Register Phase I Phase I Vehicles issued CVSA Substance and Alcohol
Number Factor 5 Factor 6 inspected decal Collection Collection
Facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................... Transportation and Cargo 779973 MX-347064 YES YES 7 7 US Quest
Solutions S de RL de CV. Diagnostic
Laboratorie
s
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
The Agency acknowledges that through the PASA process it was
determined that TRACSO had an affiliation not identified in the
original application. This was noted during the Agency's vetting and
documented as an attachment to the PASA. TRACSO officials submitted for
the record a letter confirming the relationship with a U.S.-domiciled
motor carrier, XIM Enterprises, LLC. The letter states XIM Enterprises
LLC received their authority in January 2013, which was after TRACSO
submitted their OP-1 (MX) application to participate in the Pilot
Program. The letter further stated that XIM Enterprises LLC has never
begun operations. It should be noted that TRACSO officials have since
deactivated the US DOT number and operating authority for XIM
Enterprises LLC. During its vetting of the application and the PASA,
FMCSA confirmed that TRACSO did not establish or use the affiliated
company to evade FMCSA regulations in continuing motor carrier
operations, or for the purpose of avoiding or hiding previous non-
compliance or safety problems.
TRACSO was issued a Certificate of Registration to operate wholly
within the commercial zones and municipalities along the southern
international border in September 2003 and had a safety audit conducted
on its operations in the United States on October 16, 2003. The company
passed the safety audit with no violations noted on the report.
During the PASA, the Agency found that TRACSO had deficiencies
noted in its driver qualification file, as the files were missing
complete employment applications and controlled substance and alcohol
testing history from previous employers.
The PASA also found that on at least one occasion the motor carrier
failed to require its driver to prepare and submit a record of duty
status when it failed to meet each of the requirements of the 100 air-
mile radius exemption. Finally, on at least one occasion the motor
carrier failed to ensure that drivers do not drive a vehicle without
the cargo being properly distributed and adequately secured. However,
these issues, while noted as violations on the PASA, are not grounds
for the motor carrier to fail the PASA.
On July 30, 2013, TRACSO provided a corrective action plan to
ensure that the company had rectified the deficiencies found in its
driver qualification records, records of duty status and cargo
securement during the PASA.
Following the PASA, FMCSA scheduled a compliance review on TRACSO's
OP-2 commercial zone operations because TRACSO had Safety Measurement
System (SMS) alerts in both the Driver Fitness (99.2%) and Vehicle
Maintenance (98.9%) Behavioral Analysis and Safety Improvement
Categories (BASICs), as of the most recent 2-year period of data
[[Page 60014]]
ending on July 26, 2013. Of the 1,709 violations in the Driver Fitness
BASIC, 1,695 involve the English Language Proficiency (ELP) of their
drivers. The drivers approved for this pilot program completed ELP
testing during the PASA.
Regarding the Vehicle Maintenance BASIC, the Agency notes that
TRACSO will be using all 2013 model year vehicles in the program and
the vehicles passed the inspections required to obtain a Commercial
Vehicle Safety Alliance safety decal.
The compliance review began on April 23, 2013, and identified six
violations: (1) 49 CFR Sec. 382.401(c)(6)(iii)--Failing to maintain
semi-annual laboratory statistical summaries of urinalysis required by
49 CFR Sec. 40.111(a); (2) 49 CFR Sec. 390.15(b)(1)--Failing to keep
an accident register in the form and manner prescribed; (3) 49 CFR
391.11(b)(2)/391.11(a)--Using a driver unable to read and/or speak the
English language; (4) 49 CFR 391.21(a)--Using a driver who has not
completed and furnished an employment application; (5) 49 CFR
391.23(e)(1)--Failing to investigate the driver's alcohol and
controlled substances history for the previous 3 years; and (6) 49 CFR
395.8(a)--Failing to require driver to make a record of duty status. No
acute violations were discovered, and the violations of critical
regulations did not rise to the level of critical violation. Thus the
carrier received a ``Satisfactory'' safety rating upon the conclusion
of the compliance review.
The Agency provided TRACSO with recommendations for correcting the
violations. To address the high Driver Fitness BASIC, carrier officials
stated they have scheduled English proficiency training for their
drivers, and will continue to test and monitor their drivers' English
language proficiency. Additionally, to address the high Vehicle
Maintenance BASIC, carrier officials stated they will start a training
program for their drivers on driver vehicle inspections so they can
identify problems with vehicles and have them repaired before roadside
inspections.
The Agency will monitor the safety of TRACSO through SMS and take
action, if appropriate. TRACSO is currently a hazardous materials
carrier (reg. 062212551016U) registered with the Pipeline and
Hazardous Materials Safety Agency and reports the transportation of
three types of hazardous materials on its most recent MCS-150 filing in
May 2013. TRACSO will be subject to the terms and conditions of the
pilot program and during the PASA process FMCSA confirmed that TRACSO
will not transport placardable hazardous materials under the upcoming
OP-1MX authority in the pilot program.
Based on TRACSO's safety record and corrective action plan, FMCSA
will proceed in issuing provisional operating authority for
participation in the pilot program.
Request for Comments
In accordance with the Act, FMCSA requests public comment from all
interested persons on the PASA information presented in this notice.
All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, the FMCSA will also continue to file, in the public
docket, relevant information that becomes available after the comment
closing date. Interested persons should continue to examine the public
docket for new material.
FMCSA notes that under its regulations, preliminary grants of
authority, pending the carrier's showing of compliance with insurance
and process agent requirements and the resolution of any protests, are
publically noticed through publication in the FMCSA Register. Any
protests of such grants must be filed within 10 days of publication of
notice in the FMCSA Register.
Issued on: September 18, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-23760 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-EX-P
