The Crittenden Automotive Library

Pilot Program on NAFTA Trucking Provisions

Pilot Program on NAFTA Trucking Provisions

Anne S. Ferro
Federal Motor Carrier Safety Administration
July 8, 2014

[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38647-38649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15936]

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

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.

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

SUMMARY: FMCSA announces information concerning the Pre-Authorization
Safety Audit (PASA) for Trans-Mex Inc., SA de CV (USDOT
710381) 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 along the United States-Mexico international border or
the commercial zones of such municipalities. This motor carrier did not
successfully complete the PASA.

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

SUPPLEMENTARY INFORMATION:

Background

On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112,
183, May 25, 2007). Section 6901 of the Act requires that certain
actions be taken by the Department of Transportation (the Department)
as a condition of obligating or expending appropriated funds to grant
authority to Mexico-domiciled motor carriers to operate beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities
(border commercial zones).
On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a U.S.-Mexico
cross-border long-haul trucking pilot program to test and demonstrate
the ability of Mexico-domiciled motor carriers to operate safely in the
United States beyond the border commercial zones as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed,
assessed, and evaluated the required safety measures as noted in the
July 8, 2011, notice and considered all comments received on or before
May 13, 2011, in response to the April 13, 2011, notice. Additionally,
to the extent practicable, FMCSA considered comments received after May
13, 2011.
In accordance with section 6901(b)(2)(B)(i) of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), FMCSA is required to publish
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 in the Federal Register to provide
sufficient opportunity for public notice and comment. There is no
requirement to provide information to the public on the motor carriers
that failed the PASA, and, therefore, will not be granted authority to
operate in the pilot program. However, FMCSA committed in previous
notices to provide information on the motor carriers that did not pass
the PASA.
The Mexico-domiciled motor carrier in Table 1 did not successfully
complete the PASA.
Tables 2, 3 and 4 all titled (``Failed Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier 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 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

[[Page 38648]]

guidance. Upon approval, the PASA results are uploaded into the FMCSA's
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
a. Current registration number (e.g., MX-123456);
b. Date the notice was published in the FMCSA Register;
c. The applicant's name and address; and
d. Representative or contact information for the applicant.
The FMCSA Register may be accessed through FMCSA's Licensing and
Insurance public Web site at http://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down menu.
I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
d. Verify records of periodic vehicle inspections; and
e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so severe as to
require immediate corrective actions by a motor carrier regardless of
the overall basic safety management controls of the motor carrier.
Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR Part 385, Appendix
B, Section VII.
Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called ``factors.'' The
regulatory factors are intended to evaluate the adequacy of a carrier's
management controls.
M. Passed Phase 1, Factor 1: A ``yes'' in this column indicates the
carrier has successfully met Factor 1 (listed in part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
General).
N. Passed Phase 1, Factor 2: A ``yes'' in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
O. Passed Phase 1, Factor 3: A ``yes'' in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
P. Passed Phase 1, Factor 4: A ``yes'' in this column indicates the
carrier has successfully met Factor 4, which includes the Vehicle
Requirements outlined in parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair and Maintenance) and
vehicle inspection and out-of-service data for the last 12 months.
Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the
carrier has successfully met Factor 5, which includes the hazardous
material requirements outlined in parts 171 (General Information,
Regulations, and Definitions), 177 (Carriage by Public Highway), 180
(Continuing Qualification and Maintenance of Packagings) and 397
(Transportation of Hazardous Materials; Driving and Parking Rules).
R. Passed Phase 1, Factor 6: A ``yes'' in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable ``accident'' is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in a fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
S. Number U.S. Vehicles Inspected: The total number of vehicles
(power units) the motor carrier is approved to operate in the United
States beyond the border commercial zones that received a vehicle
inspection during the PASA. During a PASA, FMCSA inspected all power
units to be used by the motor carrier in the pilot program and applied
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA decal as a result of
a passed inspection.
T. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units) the motor carrier is approved to
operate in the United States beyond the border commercial 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 38649]]

that will be used by a motor carrier that has successfully completed
the PASA.
a. ``U.S.'' means the controlled substance and alcohol collection
facility is based in the United States.
b. ``MX'' means the controlled substance and alcohol collection
facility is based in Mexico.
c. ``Non-CDL'' means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec. 383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
V. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the controlled substances and alcohol
collection facility that will be used by a Mexico-domiciled motor
carrier who has successfully completed the PASA.

Table 1-- Applicant That Failed the PASA
------------------------------------------------------------------------
Row number in Tables 2, 3 and 4
of the Appendix to today's notice Name of carrier USDOT No.
------------------------------------------------------------------------
1................................ Trans-Mex Inc., SA 710381
de CV.
------------------------------------------------------------------------

Table 2--Failed Pre-Authorization Safety Audit (PASA) Information
[See also Tables 3 and 4]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column D-- Column E-- Column F--
Column A--Row No. Column B--Name of Column C--US FMCSA PASA PASA Column G--PASA Results Column H--FMCSA Column I--US Column J--US
Carrier DOT No. Register No. Initiated Completed Register Drivers Vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1................................... Trans-Mex Inc. SA de 710381 MX-324695 10/22/2013 10/22/2013 Failed................ Not published......... 10 5
CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Table 3--Failed Pre-Authorization Safety Audit (PASA) Information
[See also Tables 2 and 4]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column K--
passed
Column B--name of Column C--US Column D-- verification Column L--If no, Column M--passed Column N--passed Column O--passed Column P--passed
Column A--row No. Carrier DOT No. FMCSA of 5 which element phase 1 factor 1 phase 1 factor 2 phase 1 factor 3 phase 1 factor 4
register No. elements failed
(yes/no)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................... Trans-Mex, Inc SA 710381 MX324695 No Hours of Service Not Completed..... Not Completed..... Not Completed..... Not Completed
de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Table 4--Failed Pre-Authorization Safety Audit (PASA) Information
[See also Tables 2 and 3]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Column T-- Column V--Name of
Column D-- Column S-- No. US Column U-- controlled
Column A--Row No. Column B--Name of Column C--US FMCSA Column Q--Passed Column R--Passed No. US Vehicles Controlled substances and
carrier DOT No. Register No. Phase I Factor 5 Phase I Factor 6 vehicles issued CVSA substance alcohol collection
inspected decal collection facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................... Trans-Mex Inc. SA 710381 MX-324695 Not Completed...... Not Completed...... None None Not Completed...... Not Completed.
de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

At the point that the Auditor determined that the applicant failed
Phase 1, the PASA was discontinued. As a result, other factors were not
assessed and are marked ``Not Completed.''
To date, this is the third carrier that has failed the PASA. The
Act only requires publication of data for carriers receiving operating
authority, as failure to successfully complete the PASA prevents the
carrier from being granted authority to participate in the long-haul
pilot program. FMCSA agreed to publish this information to show motor
carriers that failed to meet U.S. safety standards.

Issued under the authority of delegation in 49 CFR 1.87: June
20, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-15936 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P