Pilot Program on NAFTA Trucking Provisions, 67445-67449 [2013-26939]
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices
11. Section IX.B.3. Federal Agency
Responsibilities and Coordination:
Tracking Mandatory/Flexibility and
PM2.5 Set-aside Funds
uses are eligible for CMAQ operating
assistance for an additional 5 years as
discussed in the Interim Guidance.
7. Section VII.F.1, Diesel Engine
Retrofits & Other Advanced Truck
Technologies
The Interim Guidance discusses
CMAQ eligibility for diesel retrofits
under MAP–21. While SAFETEA–LU
included eligibility provisions for diesel
retrofit projects, MAP–21 places
increased emphasis on the use of diesel
retrofits. Such projects are included in
the ‘‘Priority Consideration’’ provisions
in 23 U.S.C. 149(g)(3), and MAP–21
includes diesel retrofit eligibility for
projects undertaken to reduce PM2.5
emissions using the PM2.5 set-aside
under 23 U.S.C. 149(k).
8. Section VII.F.6.c–e, Transit
Improvements: Fuel, Operating
Assistance and Transit Fare Subsidies
The Interim Guidance discusses
transit-specific aspects of transit fuel
assistance, operating assistance, and
transit fare subsidies. The MAP–21 does
not alter the types of transit projects or
the range of transit project sponsors able
to receive this type of assistance. The
Interim Guidance relocates the primary
discussion of operating assistance to
Section VII.A.2, leaving only transitspecific details in VII.F.6.d.
9. Section VII.F.7. Bicycle and
Pedestrian Facilities Programs
The Interim Guidance explains that
CMAQ eligibility is available to
programs authorized in the bicycle and
pedestrian programs governed by 23
CFR Part 652, with an example
discussed.
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10. Section VII.F.17. Alternative Fuels
and Vehicles
The Interim Guidance explains that
stand-alone fuel acquisitions outside of
transit operating support are not eligible
for CMAQ funding. The fuel exception
from SAFETEA–LU 1808(k) continues
under MAP–21, subject to the time
period and other limitations that govern
all types of operating assistance.
The Interim Guidance discusses the
scope of CMAQ eligibility for electric
vehicle charging stations and natural gas
vehicle refueling stations under 23
U.S.C. 149(c)(2). The Interim Guidance
reaffirms prior FHWA guidance that,
consistent with 23 U.S.C. 111(a), such
activities may be located in Interstate
rest areas only if no fee is charged to
users.
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DEPARTMENT OF TRANSPORTATION
The MAP–21 provisions on flexible
funding and the PM2.5 set-aside created
a need for revised financial management
systems. The Interim Guidance adds a
description of the Fiscal Management
Information System coding used to track
mandatory and flexible CMAQ
spending, including the new PM2.5 setaside.
[Docket No FMCSA–2011–0097]
12. Section IX.D. Performance Plan
Under MAP–21, MPOs serving a
transportation management area (as
defined in 23 U.S.C. 134) with a
population over 1,000,000 people and
representing a nonattainment or
maintenance area are required to
develop a performance plan under 23
U.S.C. 149(l). The requirements for the
plan are discussed in the Interim
Guidance, together with how FHWA
plans to administer the reporting
requirement in 23 U.S.C. 149(l).
Performance planning and performance
management are key elements of MAP–
21, and several parts of MAP–21 contain
performance planning and management
requirements that touch on activities
under the CMAQ Program. Several of
the provisions will be the subject of
rulemaking, and CMAQ guidance will
be updated as needed following the
conclusion of the rulemaking
proceedings.
III. Request for Comments
The FHWA invites interested parties
to submit comments on the Interim
Guidance’s implementation of MAP–21
and other changes to the 2008 Program
Guidance. The FHWA will consider
these comments in developing final
guidance for the CMAQ Program. Latefiled comments will be considered to
the extent practicable.
Authority: 23 U.S.C. 104(b)(4), 126, and
149.
Issued on: October 18, 2013.
Victor M. Mendez,
FHWA Administrator.
[FR Doc. 2013–26795 Filed 11–8–13; 8:45 am]
BILLING CODE 4910–22–P
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Federal Motor Carrier Safety
Administration
Pilot Program on NAFTA Trucking
Provisions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for public
comment.
AGENCY:
FMCSA announces and
requests public comment on data and
information concerning the PreAuthorization Safety Audit (PASA) for
Road Machinery Co SA de CV with U.S.
Department of Transportation (USDOT)
number 2091627, 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.
SUMMARY:
Comments must be received on
or before November 22, 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:
Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey
DATES:
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Avenue SE., Washington, DC 20590–
0001. Telephone (202) 510–0211 or
email marcelo.perez@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.
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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 8c 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.,
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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
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
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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 August 8, 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 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
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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.
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
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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
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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
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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
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.
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.
1 ................................................................................................................................
Road Machinery SA de CV ....................
2091627
TABLE 2—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 3 AND 4)
Column A—
Row No.
1 .................
Column C—
U.S. DOT
No.
Road Machinery Co
SA de CV.
Column D—
FMCSA
register No.
Column E—
PASA initiated
2091627
Column B—Name of
carrier
MX–729757
Column F—
PASA
completed
July 23, 2012
Col. G—
PASA
results
August 16,
2012.
Col. H—
FMCSA
register
Pass ...........
Col. I U.S.
drivers
October 23,
2013.
Col. J—U.S.
vehicles
1
1
TABLE 3—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION (SEE ALSO TABLES 2 AND 4)
Column A—
Row No.
Column B—Name
of carrier
1 .................
Column C—
U.S. 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
2091627
MX–729757
YES ................
N/A .................
YES ................
YES ................
YES ............
YES
Road Machinery
Co SA de CV.
TABLE 4—SUCCESSFUL PRE-AUTHORIZATION SAFETY AUDIT (PASA) INFORMATION AS OF SEPTEMBER 9, 2011 (SEE ALSO
TABLES 2 AND 3)
Column C—
U.S. DOT
No.
Column B—Name
of carrier
1 .................
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Column A—
Row No.
Road Machinery Co SA
de CV.
Column D—
FMCSA
register No.
Column Q—
Passed phase
I factor 5
Column R—
Passed phase
I Factor 6
Column S—
Number
U.S.
vehicles inspected
2091627
MX–729757
YES ................
YES ................
1
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
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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 Road Machinery Co SA
de CV had affiliations not identified in
the original application. This was noted
during the Agency’s vetting and
documented as an attachment to the
PASA. Road Machinery Co SA de CV
submitted for the record a letter
confirming the relationship with a U.S.domiciled motor carrier, Road
Machinery, LLC. In addition, Road
Machinery acknowledged an affiliation
with Mitsui & Company USA, Inc.
which holds a broker authority. During
its vetting of the application and the
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Column T—
Number
U.S. vehicles issued
CVSA decal
Column U—
Controlled
substance
collection
1
U.S .............
Column V—
Name of
controlled
substances
and alcohol
collection
facility
J 2 Laboratories
PASA, FMCSA confirmed that Road
Machinery Co SA de CV did not
establish or use the affiliated companies
to evade FMCSA regulation in
continuing motor carrier operations, or
for the purpose of avoiding or hiding
previous non-compliance or safety
problems.
Road Machinery Co SA de CV was
issued a Certificate of Registration to
operate wholly within the commercial
zones and municipalities along the
southern international border in 2010
and had a safety audit conducted on its
operations in the United States on
February 23, 2011. The company passed
the safety audit but problems in its
compliance were noted on the report.
FMCSA is aware that its data systems
show that Road Machinery Co SA de CV
had a safety suspension of its Certificate
to operate within the commercial zones
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and municipalities along the southern
international border from October 27,
2011, to March 5, 2012. However, the
Agency determined that, due to a
FMCSA system problem, a ‘‘Notice of
Expedited Action’’ was not, in fact, sent
to Road Machinery Co SA de CV.
Therefore, because the applicant was
not notified and was not afforded the
opportunity to submit a written
response demonstrating immediate
corrective action, the safety suspension
was not enforced during roadside
inspections. Road Machinery Co SA de
CV was made aware of this issue on
February 28, 2012, and Road Machinery
Co SA de CV submitted a written
response demonstrating its corrective
action on March 2, 2012, that was
accepted by the Agency and the
suspension was removed.
During the PASA, the Agency found
that Road Machinery Co SA de CV had
one driver subject to controlled
substance and alcohol testing while
operating in the United States. Road
Machinery Co SA de CV had preemployment tested the driver and
enrolled the driver in a third party
random testing pool prior to the
completion of the PASA and was in
substantial compliance with the testing
requirements of 49 CFR Parts 40 and
382. However, it was determined that,
in 2011, Road Machinery Co SA de CV
failed to have a controlled substance
testing program for its commercial zone
operations, as required. Road Machinery
Co SA de CV’s failure to test a driver
prior to performing a safety sensitive
function and failing to implement a
random controlled substance and
alcohol testing program in the previous
year was noted as a deficiency on the
PASA, but is not grounds to fail the
PASA.
Deficiencies in Road Machinery Co.
SA de CV’s driver qualification file were
identified during the PASA, as the file
did not contain the driver’s certification
of violations and a complete history
with previous employers.
In addition, on at least one occasion
the motor carrier failed to ensure that
drivers are not permitted to drive a
vehicle without the cargo 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.
Subsequent to the PASA, Road
Machinery provided evidence of a valid
controlled substance testing program
and a corrective action plan to ensure
that the company had rectified the
deficiencies found in its drug and
alcohol testing program and driver
qualification records. Because the cargo
securement violation was only noted
VerDate Mar<15>2010
17:41 Nov 08, 2013
Jkt 232001
one time, the Agency did not request
corrective action in this area.
Based on Road Machinery’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: November 1, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013–26939 Filed 11–8–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0094; FMCSA2013–0107]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant requests from nine
individuals for exemptions from the
regulatory requirement that interstate
commercial motor vehicle (CMV)
SUMMARY:
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
67449
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
regulation and the associated advisory
criteria published in the Code of Federal
Regulations as the ‘‘Instructions for
Performing and Recording Physical
Examinations’’ have resulted in
numerous drivers being prohibited from
operating CMVs in interstate commerce
based on the fact that they have had one
or more seizures and are taking antiseizure medication, rather than an
individual analysis of their
circumstances by a qualified medical
examiner. The Agency concluded that
granting exemptions for these CMV
drivers will provide a level of safety that
is equivalent to or greater than the level
of safety maintained without the
exemptions. FMCSA grants exemptions
that will allow these nine individuals to
operate CMVs in interstate commerce
for a 2-year period. The exemptions
preempt State laws and regulations and
may be renewed.
DATES: The exemptions are effective
November 12, 2013. The exemptions
expire on November 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Division Chief, Physical
Qualifications, Office of Medical
Programs, (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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
A. 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., e.t., 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
complete Privacy Act Statement in the
Federal Register (73 FR 3316, January
E:\FR\FM\12NON1.SGM
12NON1
]]>Agencies
[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67445-67449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26939]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No FMCSA-2011-0097]
Pilot Program on NAFTA Trucking Provisions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces and requests public comment on data and
information concerning the Pre-Authorization Safety Audit (PASA) for
Road Machinery Co SA de CV with U.S. Department of Transportation
(USDOT) number 2091627, 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 November 22, 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: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey
[[Page 67446]]
Avenue SE., Washington, DC 20590-0001. Telephone (202) 510-0211 or
email marcelo.perez@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[frac12] 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 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 August 8, 2012. FMCSA
announces that the Mexico-domiciled motor carrier in Table 1
successfully completed the PASA. Notice of this completion was also
published in the FMCSA Register.
Tables 2, 3 and 4 all titled (``Successful Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier(s) noted in Table 1. A narrative description of each column in
the tables is provided as follows:
A. Row Number in the Appendix for the Specific Carrier: The row
number for each line in the tables.
B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the United States
(U.S.) beyond the border commercial zones and was considered for
participation in the long-haul pilot program.
C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the motor carrier's power units. If granted provisional
operating authority, the Mexico-domiciled motor carrier will be
required to add the suffix ``X'' to the ending of its assigned U.S. DOT
Number for those vehicles approved to participate in the pilot program.
D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA
Register.
E. PASA Initiated: The date the PASA was initiated.
F. PASA Completed: The date the PASA was completed.
G. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
supervisor of the auditor assigned to conduct the PASA and by the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. This dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and
guidance. Upon approval, the PASA
[[Page 67447]]
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 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
[[Page 67448]]
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 Name of carrier USDOT No.
notice
------------------------------------------------------------------------
1............................... Road Machinery SA 2091627
de CV.
------------------------------------------------------------------------
Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column C-- Col. J--
Column A--Row No. Column B--Name of U.S. DOT Column D--FMCSA Column E--PASA Column F--PASA Col. G--PASA Col. H--FMCSA Col. I U.S. U.S.
carrier No. register No. initiated completed results register drivers vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.................. Road Machinery Co SA 2091627 MX-729757 July 23, 2012......... August 16, 2012...... Pass.............. October 23, 2013..... 1 1
de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column C-- Column K--Passed
Column A--Row No. Column B--Name of U.S. DOT Column D--FMCSA verification of 5 Column L--If no, Column M--Passed Column N--Passed Column O--Passed Column P--Passed
carrier No. register No. elements (yes/no) which element failed phase 1 factor 1 phase 1 factor 2 phase 1 factor 3 phase 1 factor 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1................ Road Machinery Co 2091627 MX-729757........ YES................. N/A................. YES................ YES................ YES............. YES
SA de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (see also Tables 2 and 3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column V--
Column S-- Column T-- Name of
Column C-- Column D-- Number U.S. Number U.S. Column U-- controlled
Column A--Row Column B--Name U.S. DOT FMCSA Column Q--Passed Column R--Passed vehicles vehicles Controlled substances
No. of carrier No. register No. phase I factor 5 phase I Factor 6 inspected issued CVSA substance and alcohol
decal collection collection
facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............. Road Machinery 2091627 MX-729757 YES............. YES............. 1 1 U.S.......... J 2
Co SA de CV. Laboratories
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 Road Machinery Co SA de CV had affiliations not
identified in the original application. This was noted during the
Agency's vetting and documented as an attachment to the PASA. Road
Machinery Co SA de CV submitted for the record a letter confirming the
relationship with a U.S.-domiciled motor carrier, Road Machinery, LLC.
In addition, Road Machinery acknowledged an affiliation with Mitsui &
Company USA, Inc. which holds a broker authority. During its vetting of
the application and the PASA, FMCSA confirmed that Road Machinery Co SA
de CV did not establish or use the affiliated companies to evade FMCSA
regulation in continuing motor carrier operations, or for the purpose
of avoiding or hiding previous non-compliance or safety problems.
Road Machinery Co SA de CV was issued a Certificate of Registration
to operate wholly within the commercial zones and municipalities along
the southern international border in 2010 and had a safety audit
conducted on its operations in the United States on February 23, 2011.
The company passed the safety audit but problems in its compliance were
noted on the report.
FMCSA is aware that its data systems show that Road Machinery Co SA
de CV had a safety suspension of its Certificate to operate within the
commercial zones
[[Page 67449]]
and municipalities along the southern international border from October
27, 2011, to March 5, 2012. However, the Agency determined that, due to
a FMCSA system problem, a ``Notice of Expedited Action'' was not, in
fact, sent to Road Machinery Co SA de CV. Therefore, because the
applicant was not notified and was not afforded the opportunity to
submit a written response demonstrating immediate corrective action,
the safety suspension was not enforced during roadside inspections.
Road Machinery Co SA de CV was made aware of this issue on February 28,
2012, and Road Machinery Co SA de CV submitted a written response
demonstrating its corrective action on March 2, 2012, that was accepted
by the Agency and the suspension was removed.
During the PASA, the Agency found that Road Machinery Co SA de CV
had one driver subject to controlled substance and alcohol testing
while operating in the United States. Road Machinery Co SA de CV had
pre-employment tested the driver and enrolled the driver in a third
party random testing pool prior to the completion of the PASA and was
in substantial compliance with the testing requirements of 49 CFR Parts
40 and 382. However, it was determined that, in 2011, Road Machinery Co
SA de CV failed to have a controlled substance testing program for its
commercial zone operations, as required. Road Machinery Co SA de CV's
failure to test a driver prior to performing a safety sensitive
function and failing to implement a random controlled substance and
alcohol testing program in the previous year was noted as a deficiency
on the PASA, but is not grounds to fail the PASA.
Deficiencies in Road Machinery Co. SA de CV's driver qualification
file were identified during the PASA, as the file did not contain the
driver's certification of violations and a complete history with
previous employers.
In addition, on at least one occasion the motor carrier failed to
ensure that drivers are not permitted to drive a vehicle without the
cargo 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.
Subsequent to the PASA, Road Machinery provided evidence of a valid
controlled substance testing program and a corrective action plan to
ensure that the company had rectified the deficiencies found in its
drug and alcohol testing program and driver qualification records.
Because the cargo securement violation was only noted one time, the
Agency did not request corrective action in this area.
Based on Road Machinery'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: November 1, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-26939 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P
