Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices 58929 

more passengers, including the driver; 

or (d) is of any size and is used to 

transport hazardous materials as 

hazardous materials are defined in 49 

CFR 383.5. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

Issued on: October 11, 2007. 

Terry Shelton, 

Associate Administrator, Research & 

Information Technology. 

[FR Doc. E7–20490 Filed 10–16–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Availability of Grant Program Funds 

for Commercial Driver’s License 

Program Improvements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Motor Carrier 

Safety Administration announces the 

availability of Commercial Driver’s 

License Program Improvement (CDLPI) 

grant funding as authorized by Section 

4124 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU). The 

program is a discretionary grant 

program that provides funding for 

improving States’ implementation of the 

Commercial Driver’s License (CDL) 

program, including expenses for 

computer hardware and software, 

publications, testing, personnel, 

training, and quality control. Grants to 

bring States into compliance with the 

requirements in 49 CFR parts 383 and 

384 will receive priority. Grants made 

under this program may not be used to 

rent, lease, or buy land or buildings. The 

agency in each State designated as the 

primary driver licensing agency 

responsible for the development, 

implementation, and maintenance of the 

CDL program is eligible to apply for 

grant funding. To apply for funding, 

applicants must register with the 

grants.gov Web site (http:// 

www.grants.gov/applicants/

get_registered.jsp) and submit an 

application in accordance with 

instructions provided. Applications for 

grant funding must be submitted 

electronically to the FMCSA through the 

grants.gov Web site. 

DATES: FMCSA will initially consider 

funding for applications submitted by 

January 8, 2008, by qualified applicants. 

If additional funding remains available, 

applications submitted after January 8, 

2008, will be considered on a case-bycase basis. Funds will not be available 

for allocation until fiscal year 2008 

appropriations legislation is passed and 

signed into law. 

FOR FURTHER INFORMATION CONTACT: Visit 

http://www.grants.gov. Information on 

the grant, application process, and 

additional contact information is 

available at that Web site. General 

information about the CDLPI grant is 

available in The Catalog of Federal 

Domestic Assistance (CFDA) which can 

be found on the Internet at http:// 

www.cfda.gov. The CFDA number for 

CDLPI is 20.232. You may also contact 

Mr. James Davis, Federal Motor Carrier 

Safety Administration, Office of Safety 

Programs, Commercial Driver’s License 

Division (MC–ESL), 202–366–6406, 

1200 New Jersey Avenue, SE., Suite 

W65–226, Washington, DC 20590. 

Office hours are from 8 a.m. to 4:30 

p.m., ET, Monday through Friday, 

except Federal holidays. 

William Quade, 

Associate Administrator, Enforcement and 

Policy Program Delivery. 

[FR Doc. E7–20487 Filed 10–16–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28055] 

Demonstration Project on NAFTA 

Trucking Provisions 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; request for public 

comment. 

SUMMARY: The FMCSA announces and 

requests public comment on data and 

information concerning the PreAuthority Safety Audits (PASAs) for 

motor carriers that have applied to 

participate in the Agency’s project to 

demonstrate the ability of Mexicodomiciled motor carriers to operate 

safely in the United States beyond the 

commercial zones along the U.S.- 

Mexico border. This action is required 

by the ‘‘U.S. Troop Readiness, Veterans’

Care, Katrina Recovery, and Iraq 

Accountability Appropriations Act, 

2007.’’

DATES: Comments must be received on 

or before November 1, 2007. 

ADDRESSES: You may submit comments 

identified by FDMS Docket ID Number 

FMCSA–2007–28055 by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Alternatively, you can file comments 

using the following methods: 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Room W12–

140, Washington, DC 20590. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Request for Comments heading 

of the Supplementary Information 

section of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

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 complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Milt Schmidt, Division Chief, North 

American Borders Division, Telephone 

(202) 366–4049; e-mail 

milt.schmidt@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), 

(Public Law 110–28). Section 6901 of 

the Act requires that certain actions be 


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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 United States 

municipalities and commercial zones on 

the United States-Mexico border (border 

commercial zones). 

Section 6901(b)(2)(B)(i) of the Act 

requires FMCSA to publish 

comprehensive data and information on 

the pre-authorization safety audits 

(PASAs) conducted before and after the 

date of enactment of the Act of motor 

carriers domiciled in Mexico that are 

granted authority to operate beyond the 

border commercial zones. As of October 

9, 2007, five carriers have been granted 

authority to operate beyond the border 

commercial zones as part of this 

demonstration project. However, 

FMCSA has chosen to publish for public 

comment data and information relating 

to all PASAs conducted as of October 9, 

2007. 

On June 8, 2007, FMCSA published 

PASA data for all motor carriers that 

had applied to participate in the 

demonstration project, based on 

information available as of May 31, 

2007. The FMCSA announces that the 

following Mexico-domiciled motor 

carriers in Table 1 have successfully 

completed their PASAs since the 

publication of the June 8 notice: 

TABLE 1 

Row number in 

tables 2 through 

4 of the Appendix to today’s 

notice 

Name of carrier USDOT 

umber 

3 ........................ ARTEMIO GUERRERO ZAVALA ......................................................................................................................... 555995 

6 ........................ GUADALUPE OCON & RUFUGIO ROMO SAUCEDO ....................................................................................... 557217 

12 ...................... JOSE DAVID RUVALCABA ADAME ................................................................................................................... 563815 

13 ...................... TRINITY INDUSTRIES DE ME ́ XICO, S. DE R.L. DE C.V. ................................................................................. 610385 

15 ...................... GCC TRANSPORTE, S.A. DE C.V. ..................................................................................................................... 650155 

18 ...................... MOISES ALVAREZ PEREZ ................................................................................................................................. 677516 

22 ...................... VERONICA GONZALEZ & GILBERTO GONZALEZ NUNO ............................................................................... 736405 

24 ...................... NOE BASILIO MONTIEL ...................................................................................................................................... 786826 

25 ...................... QNW DE BAJA SA DE CV .................................................................................................................................. 791091 

31 ...................... EDS INTERNACIONAL SA DE CV ...................................................................................................................... 924559 

32 ...................... OSCAR HILARIO MARTINEZ .............................................................................................................................. 947058 

34 ...................... FIDEPAL S DE RL DE IP Y CV ........................................................................................................................... 975522 

44 ...................... AVOMEX INTERNACIONAL SA DE CV .............................................................................................................. 1142107 

45 ...................... AGUIRRE RAMOS JORGE LUIS ........................................................................................................................ 1286830 

47 ...................... TRANSPORTES SELG SA DE CV ...................................................................................................................... 1658656 

The FMCSA includes as an appendix 

to this Federal Register notice, data and 

information on the PASAs for which the 

motor carrier successfully completed 

the process before the enactment of the 

Act, and any completed since then. See 

Tables 2, 3, and 4 in the appendix. The 

appendix also includes information 

about carriers that failed the PASA in 

Table 5. Although failure to successfully 

complete the PASA precludes their 

participation in the project and the Act 

only requires publication of data for 

carriers receiving operating authority, 

FMCSA is publishing this information 

to show that an additional 20 motor 

carriers, in addition to the six motor 

carriers published on June 8, have failed 

to meet U.S. safety standards. A 

narrative description of each column 

heading contained within the 

appendix’s Tables 2, 3, and 4, 

‘‘Successful Pre-Authority Safety Audit 

(PASA) Information as of October 9, 

2007’’ as well as in Table 5 ‘‘Failed PreAuthority Safety Audit (PASA) 

Information as of October 9, 2007,’’ is 

provided below: 

A. Row Number in the Appendix: The 

line in the table on which all the PASA 

information concerning the motor 

carrier is presented. 

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 cross border 

demonstration project. 

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 power unit. 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. 

D. PASA Scheduled: The date the PreAuthorization Safety Audit (PASA) was 

scheduled to be initiated. 

E. PASA Completed: The date the 

PASA was completed. 

F. 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 the FMCSA Service Center 

New Entrant Specialist designated for 

the specific FMCSA Division Office. 

The 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 Motor Carrier 

Management Information System 

(MCMIS). The PASA information and 

results are then recorded in the Mexicodomiciled motor carrier’s safety 

performance record in MCMIS. 

G. FMCSA Register: The date the 

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. 

H. U.S. Drivers: The total number of 

drivers the motor carrier intends to use 

in the United States. 


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I. U.S. Vehicles: The total number of 

power units the motor carrier intends to 

operate in the United States. 

J. Passed Verification 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 proof of financial 

responsibility; 

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. 

K. If No, Which Element Failed: If 

FMCSA could not 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) could not be 

verified. 

Please note that for items L through P 

below, during the PASA, after verifying 

the five mandatory elements discussed 

in item G 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 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. 

Factor 5 relates to the transportation 

of hazardous materials and was omitted 

below, as Mexico-domiciled motor 

carriers that transport hazardous 

materials are not permitted to 

participate in the cross-border 

demonstration project. 

L. 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). 

M. 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). 

N. 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). 

O. 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. 

P. 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. 

Q. Number U.S. Vehicles Inspected: 

The total number of vehicles (power 

units and trailers) the motor carrier 

intends to operate in the United States 

that received a vehicle inspection 

during the PASA. During a PASA, 

FMCSA inspected all vehicles that did 

not display a current Commercial 

Vehicle Safety Alliance (CVSA) 

inspection decal. This number reflects 

the vehicles that were inspected, 

irrespective of whether the vehicle 

received a CVSA inspection decal as a 

result of a passed inspection. 

R. Number U.S. Vehicles Issued CVSA 

Decal: The total number of inspected 

vehicles (power units and trailers) the 

motor carrier intends to operate in the 

United States that received a CVSA 

inspection decal as a result of an 

inspection during the PASA. 

S. Number U.S. Vehicles with Current 

CVSA Decal: The total number of 

vehicles (power units and trailers) the 

motor carrier intends to operate in the 

United States that displayed a current 

CVSA inspection decal at the time of the 

PASA. 

T. 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 who 

has successfully completed the PASA. 

a. ‘‘US’’ means the controlled 

substance and alcohol collection facility 

is based in the United States. 

b. ‘‘MX’’ means the controlled 

substance and alcohol collection facility 

is based in Mexico. 

c. ‘‘Non-CDL’’ means that during the 

PASA, FMCSA verified that the motor 

carrier is not utilizing commercial motor 

vehicles subject to the commercial 

driver’s license requirements as defined 

in 49 CFR 383.5 (Definition of 

Commercial Motor Vehicle). Any motor 

carrier that does not operate commercial 

motor vehicles as defined in § 383.5 is 

not subject to DOT controlled substance 

and alcohol testing requirements. 

U. Name of Controlled Substances 

and Alcohol Collection Facility: Shows 

the name and location of the U.S. 

controlled substances and alcohol 

collection facility that will be used by 

a Mexico-domiciled motor carrier who 

has successfully completed the PASA. 

Request for Comments 

In accordance with the U.S. Troop 

Readiness, Veterans’ Care, Katrina 

Recovery, and Iraq Accountability 

Appropriations Act, 2007, FMCSA 

requests public comment from all 

interested persons on the PASA 

information presented in the appendix 

to 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 address 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 


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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. 

Issued on: October 11, 2007. 

John H. Hill, 

Administrator. 

Appendix 

BILLING CODE 4910–EX–P 


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[FR Doc. 07–5134 Filed 10–16–07; 8:45 am] 

BILLING CODE 4910–EX–C 


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