Pilot Program on NAFTA Trucking Provisions |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
April 10, 2014
[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19965-19969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08064]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No FMCSA-2011-0097]
Pilot Program on NAFTA Trucking Provisions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S. DOT.
ACTION: Notice; request for public comment.
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SUMMARY: FMCSA announces the availability of and requests public
comment on data and information about Importaciones y Distribuciones
Latina America Gami SA de CV (IDLA), a new motor carrier that does not
currently have a U.S. Department of Transportation (U.S.DOT)
registration number. IDLA 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 April 21, 2014.
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 http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1- 202-493-2251. Each submission must include the Agency name
and the docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Marcelo Perez, North American Borders
Division, (202) 510-0211; marcelo.perez@dot.gov. If you have questions
on viewing or submitting material to the docket, contact Barbara
Hairston, Acting Program Manager, Docket Operations, telephone (202)
366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number (FMCSA-
2011-0097), indicate the specific question to which each comment
[[Page 19966]]
applies, 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 http://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 http://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., Monday through Friday.
Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
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 DOT 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 Pre-Authorization Safety Audits (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 seeking public comment about the data and information
relating to a PASA completed on January 14, 2014. 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 designated for the specific FMCSA Division Office. This
dual review ensures the successfully completed PASA was conducted in
accordance with FMCSA policy, procedures and guidance. Upon approval,
the PASA results are uploaded into the FMCSA's Motor Carrier Management
Information System (MCMIS). The PASA information and results are then
recorded in the Mexico-domiciled motor carrier's safety performance
record in MCMIS.
H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
a. Current registration number (e.g., [MX-12345]);
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.
[[Page 19967]]
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 part 387, including the ability to obtain insurance
in the United States;
d. Verify records of periodic vehicle inspections as required by 49
CFR part 396, 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 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.
[[Page 19968]]
Table 1
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Row number in Tables 2, 3 and 4
of the Appendix to today's Name of carrier U.S. DOT No.
notice
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1.............................. Importaciones y N/A
Distribuciones Latina
America Gami SA de CV.
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Table 2--Successful Pre-Authorization Safety Audit (PASA) Information
[See also Tables 3 and 4]
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Column D-- Column E-- Column F-- Col. G-- Col. H--
Column A-- Row No. Column B--Name of Column C-- FMCSA PASA PASA PASA FMCSA Col. I-- US Col. J-- US
carrier US DOT No. Register No. initiated completed results register drivers vehicles
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1.................. Importaciones y N/A MX-861978 01/06/2014 01/14/2014 PASS 03/31/2014 1 1
Distribuciones
Latina America Gami
SA de CV (IDLA).
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Table 3--Successful Pre-Authorization Safety Audit (PASA) Information
[See also Tables 2 and 4]
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Column K--
Passed Column L--
Column B--Name of Column C-- Column D-- verification If no, which Column M-- Column N-- Column O-- Column P--
Column A--Row No. carrier US DOT No. FMCSA of 5 element passed phase passed phase passed phase passed phase
Register No. elements failed 1 factor 1 1 factor 2 1 factor 3 1 factor 4
(Yes/No)
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1.................. Importaciones y N/A MX-861978 Yes N/A Yes Yes Yes Yes.
Distribuciones
Latina America Gami
SA de CV (IDLA).
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Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011
[See also Tables 2 and 3]
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Column V--
Column T-- Name of
Column C-- Column D-- Column Q-- Column R-- Column S-- Number US Column U controlled
Column A-- Row No. Column B--name of US DOT No. FMCSA Passed Phase Passed Phase Number US vehicles controlled substances
carrier Register No. I Factor 5 I Factor 6 vehicles issued CVSA substance and alcohol
inspected decal collection Collection
Facility
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1.................. Importaciones y N/A MX-861978 Yes Yes 1 1 N/A N/A
Distribuciones
Latina America Gami
SA de CV (IDLA).
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In an effort to provide as much information as possible for review,
the application and PASA results for this carrier are posted at the
Agency's Web site for the pilot program at http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that
participated in the Agency's demonstration project that ended in 2009,
copies of the previous PASA and compliance review, if conducted, are
also posted. All documents were redacted so that personal information
regarding the drivers is not released. Sensitive business information,
such as the carrier's tax identification number, is also redacted. In
response to previous comments received regarding the PASA notice
process, FMCSA also posted copies of the vehicle inspections conducted
during the PASA in the PASA document.
IDLA is a Mexico-domiciled motor carrier based in Tijuana, Baja
California del Norte, Mexico. The applicant is not currently registered
as an OP-2 commercial zone carrier. The applicant has no history in the
Demonstration Project. The applicant does not have any existing
inspections or SMS scores.
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. IDLA
will be operating a vehicle that is less than 26,001 pounds. Therefore,
IDLA is not subject to controlled substances and alcohol testing
requirements found in 49 CFR part 40 and Part 382.
In its application, IDLA acknowledged an affiliation with Hector
Serrano Lee dba Importaciones y Distribuciones Latina America Gami, a
U.S.-domiciled motor carrier with USDOT number 1983616 and MC number
702408. The affiliated motor carrier, Hector Serrano Lee, has no
identified safety issues, and no Safety Measurement System scores at or
above alert thresholds as of February 21, 2014. Hector Serrano Lee has
no enforcement history with FMCSA.
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
[[Page 19969]]
to examine the public docket for new material.
FMCSA notes that under its regulations, preliminary grants of
authority, pending the carrier's showing of compliance with insurance
and process agent requirements and the resolution of any protests, are
publically noticed through publication in the FMCSA Register. Any
protests of such grants must be filed within 10 days of publication of
notice in the FMCSA Register.
Issued On: April 2, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-08064 Filed 4-9-14; 8:45 am]
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