Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46963 

Dated: August 4, 2008. 

Emily Yee, 

Designated Federal Officer, Department of 

State. 

[FR Doc. E8–18600 Filed 8–11–08; 8:45 am] 

BILLING CODE 4710–07–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). 

ACTION: Notice; request for public 

comment. 

SUMMARY: 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 on 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 August 27, 2008. 

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 

19476). 

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), 

(Pub. L. 110–28). 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 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 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 July 

16, 2008, 27 carriers have been granted 

authority to operate beyond the border 

commercial zones as part of this crossborder demonstration project. However, 

FMCSA has chosen to publish for public 

comment data and information relating 

to all PASAs conducted as of July 16, 

2008. On March 24, 2008, FMCSA 

published in the Federal Register PASA 

data for all motor carriers that had 

applied to participate in the 

demonstration project, based on 

information available as of February 7, 

2008 (73 FR 15557). FMCSA announces 

that the following Mexico-domiciled 

motor carriers in Table 1 have 

successfully completed their PASAs and 

notice of this fact was published in the 

FMCSA Register after the publication of 

the March 24 notice: 

TABLE 1 

Row number in Tables 2 through 4 of 

the appendix to today’s notice Name of carrier USDOT No. 

22 ........................................................... GOMEZ GARCIA JOSE LUIS ................................................................................ 710473 

24 ........................................................... GRUPO TRANSPORMEX SA DE CV ................................................................... 711208 

63 ........................................................... LUIS EDMUNDO GRIJALVA GAMEZ .................................................................... 1598518 

65 ........................................................... INTERLOGISTICS DE MEXICO S DE RL DE CV ................................................ 1659365 

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 cross-border 

demonstration project and the Act only 

requires publication of data for carriers 

receiving operating authority, FMCSA is 

publishing this information to show that 

4 motor carriers in addition to the 28 

motor carriers identified in the March 

24 notice 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 July 16, 2008’’

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

Information as of July 16, 2008,’’ is 

provided below: 

A. Row Number in the Appendix: The 

line in the table on which all the PASA 


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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 Mexicodomiciled 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 

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. 

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 J 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. 

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) 


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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 Act, 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 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. 

Issued on: August 6, 2008. 

John H. Hill, 

Administrator. 

BILLING CODE 4910–EX–P 

Appendix 


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[FR Doc. E8–18604 Filed 8–11–08; 8:45 am] 

BILLING CODE 4910–EX–C 


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DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket ID. FMCSA–2008–0231] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 23 individuals for 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce 

without meeting the Federal vision 

standard. 

DATES: Comments must be received on 

or before September 11, 2008. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA–

2008–0231 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: 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 ID for this 

Notice. Note that DOT posts all 

comments received without change to 

http://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 http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, 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 the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476). This information is also 

available at http://Docketsinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, 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 from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ FMCSA can renew 

exemptions at the end of each 2-year 

period. The 23 individuals listed in this 

notice each have requested an 

exemption from the vision requirement 

in 49 CFR 391.41(b)(10), which applies 

to drivers of CMVs in interstate 

commerce. Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

Qualifications of Applicants 

William C. Ball 

Mr. Ball, age 39, has had amblyopia 

in his right eye since childhood. The 

best corrected visual acuity in his right 

is eye is 20/200 and in the left, 20/20. 

Following an examination in 2008 his 

ophthalmologist noted, ‘‘I certify in my 

medical opinion that Mr. Ball has 

sufficient vision to perform the driving 

task required to operate a commercial 

vehicle.’’ Mr. Ball reported that he has 

driven straight trucks for 41⁄2 years, 

accumulating 146,250 miles. He holds a 

Class A Commercial Driver’s License 

(CDL) from North Carolina. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Terrence L. Benning 

Mr. Benning, 53, has aphakia in his 

left eye due to a traumatic injury he 

sustained as a child. The best corrected 

visual acuity in his right eye is 20/25 

and in the left, hand-motion vision. 

Following an examination in 2008, his 

ophthalmologist noted, ‘‘Based on the 

fact that he has recently been 

functioning well driving a commercial 

vehicle, it is my medical opinion that he 

does have sufficient vision to operate a 

commercial vehicle.’’ Mr. Benning 

reported that he has driven straight 

trucks for 10 years, accumulating 

250,000 miles, and tractor-trailer 

combinations for 25 years, accumulating 

2.9 million miles. He holds a Class A 

CDL from Wisconsin. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Rickie L. Boone 

Mr. Boone, 48, has loss of vision in 

his right eye due to a detached retina 

which occurred in 2001. The visual 

acuity in his right eye is light perception 

and in the left, 20/20. Following an 

examination in 2008, his optometrist 

noted, ‘‘In my medical opinion, Mr. 

Boone is able to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Boone reported that he has 

driven straight trucks for 28 years, 

accumulating 1.1 million miles, and 

tractor-trailer combinations for 28 years, 

accumulating 1.1 million miles. 

He holds a Class A CDL from North 

Carolina. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Robert S. Bowen 

Mr. Bowen, 49, has had a prosthetic 

left eye due to a history of melanoma 

since 1994. The best corrected visual 

acuity in his right eye is 20/20. 

Following an examination in 2008, his 

optometrist noted, ‘‘It is my opinion that 

Mr. Bowen is visually qualified to 

perform the tasks necessary to operate a 

commercial vehicle.’’ Mr. Bowen 

reported that he has driven tractortrailer combinations for 31 years, 

accumulating 2.5 million miles. He 

holds a Class A CDL from Georgia. His 

driving record for the last 3 years shows 

one crash, for which he was not cited, 

and no convictions for moving 

violations in a CMV. 


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