Federal Register / Vol. 72, No.

110 / Friday, June 8, 2007 / Notices 31877

Patterson, John H. Pitts, Kurt L. Recovery, and Iraq Accountability information provided. Please see the
Podjaski, Lee M. Powell, Samuel N. Appropriations Act, 2007,’’ FMCSA Privacy Act heading below.
Prindle, Ronald R. Reineke, Marks W. provides for public comment certain Docket: For access to the Docket
Sadowski, Thomas M. Sandahl, Bruce additional details concerning the Management System (DMS) to read
G. Scheffert, Carl W. Smith, Theodore demonstration project. The FMCSA will background documents or comments
M. Smith, Gilbert E. Strickland, John R. carefully consider all comments received, go to http://dms.dot.gov at any
Thomas, Everett Tolbert, Kenneth R. received in response to the May 1, 2007, time or to the U.S. Department of
Walker, John L. Waite, Jr., Donald S. notice and this supplemental notice Transportation, Docket Operations, M–
Welch, James W. Williams, Milton L. before further decisions are made 30, West Building Ground Floor, Room
Worsley, John A. Yarde, and Anthony concerning the implementation of the W12–140, 1200 New Jersey Avenue, SE.,
Ybarra from the ITDM standard in 49 NAFTA trucking demonstration/pilot Washington DC, 20590 between 9 a.m.
CFR 391.41(b)(3), subject to the project. and 5 p.m., e.t., Monday through Friday,
conditions listed under ‘‘Conditions and except Federal holidays. The DMS is
DATES: Comments must be received on
Requirements’’ above. available electronically 24 hours each
In accordance with 49 U.S.C. 31136(e) or before June 28, 2007.
day, 365 days each year, except as noted
and 31315 each exemption will be valid ADDRESSES: You may submit comments
above.
for two years unless revoked earlier by identified by DOT DMS Docket Number
Privacy Act: Anyone is able to search
FMCSA. The exemption will be revoked FMCSA–2007–28055 by any of the
the electronic form of all comments
if: (1) The person fails to comply with following methods:
received into any of our dockets by the
the terms and conditions of the • Web Site: http://dms.dot.gov.
name of the individual submitting the
exemption; (2) the exemption has Follow the instructions for submitting
comment (or signing the comment, if
resulted in a lower level of safety than comments on the DOT electronic docket
submitted on behalf of an association,
was maintained before it was granted; or site. Please note that the web site will
business, labor union, etc.). You may
(3) continuation of the exemption would not be available for use from June 13
review DOT’s complete Privacy Act
not be consistent with the goals and through June 17, 2007 (72 FR 28092;
Statement in the Federal Register
objectives of 49 U.S.C. 31136(e) and May 18, 2007). During this period the
published on April 11, 2000 (65 FR
31315. If the exemption is still effective Department of Transportation will be
19477–78) or you may visit http://
at the end of the 2-year period, the relocating the computers that host the
dms.dot.gov.
person may apply to FMCSA for a electronic dockets. The electronic
Public Participation: The DMS is
renewal under procedures in effect at docket will again be available to users
available 24 hours each day, 365 days
that time. beginning on June 18, 2007. While the
each year, except during the relocation
electronic docket is down from June 13
Issued on: June 4, 2007. period noted above. You can get
through June 17, interested parties may
Larry W. Minor, electronic submission and retrieval help
submit comments by fax, mail, or hand
Acting Associate Administrator, Policy and and guidelines under the ‘‘help’’ section
delivery, as described below. However,
Program Development. of the DMS Web site. Comments
staff will not begin to place documents
[FR Doc. E7–11120 Filed 6–7–07; 8:45 am] received after the comment closing date
received during this period into the
BILLING CODE 4910–EX–P will be included in the docket, and will
electronic docket until the computer
be considered to the extent practicable.
goes back on line June 18.
• Fax: 1–202–493–2251. FOR FURTHER INFORMATION CONTACT: Mr.
DEPARTMENT OF TRANSPORTATION • Mail: U.S. Department of Milt Schmidt. Telephone (202) 366–
Transportation, Docket Operations, M– 4049; E-mail: [email protected].
Federal Motor Carrier Safety
30, West Building Ground Floor, Room SUPPLEMENTARY INFORMATION:
Administration
W12–140, 1200 New Jersey Avenue, SE.,
[Docket No. FMCSA–2007–28055] Background
Washington, DC 20590.
• Hand Delivery: U.S. Department of On May 1, 2007, FMCSA announced
Demonstration Project on NAFTA Transportation, Docket Operations, M– the initiation of a project to demonstrate
Trucking Provisions 30, West Building Ground Floor, Room the ability of Mexico-based motor
AGENCY: Federal Motor Carrier Safety W12–140, 1200 New Jersey Avenue, SE., carriers to operate safely in the United
Administration (FMCSA). Washington DC, 20590 between 9 a.m. States beyond the commercial zones
ACTION: Notice; supplemental request for and 5 p.m., e.t., Monday through Friday, along the U.S.-Mexico border (72 FR
public comment. except Federal holidays. 23883). The demonstration project will
• Federal eRulemaking Portal: Go to allow up to 100 Mexico-domiciled
SUMMARY: The FMCSA announces www.regulations.gov. Follow the online motor carriers to operate throughout the
additional details about the initiation of instructions for submitting comments. United States for one year. Up to 100
a project to demonstrate the ability of Please note that submission of U.S.-domiciled motor carriers will be
Mexico-domiciled motor carriers to comments via this web site will be granted reciprocal rights to operate in
operate safely in the United States affected by the relocation of the Mexico for the same period.
beyond the commercial zones along the Department’s computers which host its Participating Mexican carriers and
U.S.-Mexico border. On May 1, 2007, electronic docket system. drivers must comply with all applicable
FMCSA published a notice in the Instructions: All submissions must U.S. laws and regulations, including
Federal Register announcing its plans to include the Agency name and docket those concerned with motor carrier
initiate the project as part of the number for this notice. For detailed safety, customs, immigration, vehicle
Agency’s implementation of the North instructions on submitting comments emissions, vehicle registration and
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American Free Trade Agreement and additional information, see the taxation, and fuel taxation. The Agency
(NAFTA) cross-border trucking Public Participation heading below. explained the safety performance of the
provisions. In response to section Note that all comments received will be participating carriers will be tracked
6901(b)(2)(B) of the ‘‘U.S. Troop posted without change to http:// closely by FMCSA and its State
Readiness, Veterans’’ Care, Katrina dms.dot.gov, including any personal partners, a joint U.S.-Mexico monitoring

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 31878 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Notices

group, and an evaluation panel implementation of safety requirements the health and safety of study
independent of the Department of at the U.S.-Mexico border. In a January participants and the general public. As
Transportation (DOT). The FMCSA 2005 follow-up report, the OIG part of a pilot program, temporary
indicated the resulting data will be concluded that FMCSA had sufficient regulatory relief from one or more
considered carefully before further staff, facilities, equipment, and FMCSR may be given to a person or
decisions are made concerning the procedures in place to substantially class of persons subject to the
implementation of the NAFTA trucking meet all eight requirements under regulations, or a person or class of
provisions. The comment period for the section 350 the OIG was required to persons who intend to engage in an
notice ended on May 31. review. activity that would be subject to the
On May 25, 2007, the President In consideration of the above OIG regulations. During the pilot program,
signed into law the U.S. Troop reports which are available in docket these participants would be given an
Readiness, Veterans’ Care, Katrina FMCSA–2007–28055, and FMCSA’s exemption from one or more sections or
Recovery, and Iraq Accountability May 1, 2007, announcement that parts of the regulations.
Appropriations Act, 2007 (the Act), participating carriers will be required to The FMCSA believes the requirement
(Pub. L. 110–28). Section 6901 of the comply with all rules issued in response that the demonstration project satisfy
Act requires that certain actions be to section 350 (in addition to full the pilot program statutory provision is
taken by the Department of compliance with all safety regulations satisfied through the May 1, 2007,
Transportation (the Department) as a applicable to U.S.-domiciled motor notice, and the additional details
condition of obligating or expending carriers), the Agency believes the contained in this notice. The Agency
appropriated funds to grant authority to provision in the 2007 supplemental notes that during the demonstration
Mexico-domiciled motor carriers to appropriations act mandating that the project participating Mexico-domiciled
operate beyond United States demonstration project satisfy the motor carriers would not be provided
municipalities and commercial zones on requirements of section 350 has already with relief from any of the rules
the United States-Mexico border. been satisfied. The Agency requests implementing section 350, or any of the
Section 6901(a) of the Act requires that public comment on this issue. safety regulations.
granting of such authority be tested as
Section 6901(a)—Fulfilling the Section 6901(b)(2)(B) of the Act
part of a ‘‘pilot program.’’ The pilot
Requirements of 49 U.S.C. 31315 Section 6901(b)(2)(B) of the Act
program must comply with section 350
of the DOT and Related Agencies Section 4007 of the Transportation provides that FMCSA must request
Appropriations Act for Fiscal Year 2002 Equity Act for the 21st Century (TEA– public comment on five specific aspects
(Pub. L. 107–87, 115 Stat. 833, at 864) 21) amended 49 U.S.C. 31136(e) and of the demonstration project. For the
and 49 U.S.C. 31315(c), concerning 31315 concerning the Secretary of convenience of the reader, these items
requirements for pilot programs. Transportation’s authority to grant are listed below. A complete copy of
waivers from the Federal Motor Carrier section 6901 is included in the docket
Section 6901(a)—Fulfilling the Safety Regulations (FMCSRs) for those FMCSA–2007–28055.
Requirements of Section 350 seeking regulatory relief from those (1) Comprehensive data and
Section 350 of the DOT requirements. With the enactment of information on the pre-authorization
Appropriations Act, 2002 (Pub. L. 107– TEA–21, FMCSA may grant a waiver or safety audits (PASAs) conducted before
87), prohibited FMCSA from using exemption that relieves a person from and after the date of enactment of this
Federal funds to review or process compliance in whole or in part with a Act of motor carriers domiciled in
applications from Mexico-domiciled regulation if the Agency determines that Mexico that are granted authority to
motor carriers to operate beyond the the waiver is in the public interest, and operate beyond the United States
border commercial zones until certain the waiver or exemption would be likely municipalities and commercial zones on
conditions and safety requirements were to achieve a level of safety equivalent to, the United States-Mexico border;
met. The requirements of section 350 or greater than, the level that would be (2) Specific measures to be required to
have been reenacted in each subsequent achieved by complying with the protect the health and safety of the
DOT Appropriations Act since 2002. applicable regulation. Section 4007 of public, including enforcement measures
The rulemaking requirements of section TEA–21 also permits FMCSA to conduct and penalties for noncompliance;
350 were met by a series of rules pilot programs to evaluate alternatives (3) Specific measures to be required to
published on March 19, 2002 (67 FR to regulations relating to motor carrier, ensure compliance with section
12652, 67 FR 12702, 67 FR 12758, 67 FR commercial motor vehicle (CMV), and 391.11(b)(2) of title 49, CFR, concerning
12776) and a further rule published on driver safety.1 FMCSA’s English language proficiency
May 13, 2002 (67 FR 31978). In a pilot program, the FMCSA requirement, and section 365.501(b) of
In November 2002, Secretary of collects specific data for evaluating title 49, CFR, concerning FMCSA’s
Transportation Norman Mineta alternatives to the regulations or prohibition against Mexico-domiciled
certified, as required by section innovative approaches to safety while drivers engaging in the transportation of
350(c)(2), that authorizing Mexican ensuring that the safety performance domestic freight within the U.S.;
carrier operations beyond the border goals of the regulations are satisfied. A (4) Specific standards to be used to
commercial zones does not pose an pilot program may not last more than 3 evaluate the pilot program and compare
unacceptable safety risk to the American years. The number of participants in a any change in the level of motor carrier
public. Later that month, the President pilot program must be large enough to safety as a result of the pilot program;
modified the longstanding moratorium ensure statistically valid findings. Pilot and
to permit Mexico-domiciled motor programs must include an oversight (5) A list of Federal motor carrier
carriers to provide cross-border cargo plan to ensure that participants comply safety laws and regulations, including
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transportation beyond the border with the terms and conditions of the commercial driver’s license (CDL)
commercial zones. The Secretary’s participation, and procedures to protect requirements, for which the Secretary of
certification was made in response to Transportation will accept compliance
the June 25, 2002, report of DOT’s Office 1 On August 20, 2004, FMSCA published a final with a corresponding Mexican law or
of Inspector General (OIG) on the rule implementing section 4007. regulation as the equivalent to

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 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Notices 31879

compliance with the United States law repeated this column on tables 2, 3, and 4. ‘‘Withdrew’’ status refers to a motor
or regulation, including for each law or 4. carrier that, after being contacted by the
regulation an analysis as to how the B. Column B—Name of Carrier: The Safety Auditor, has chosen to withdraw
corresponding United States and legal name of the Mexico-domiciled from participating in the cross border
Mexican laws and regulations differ. motor carrier that applied for authority demonstration project, or has
to operate in the United States (U.S.) withdrawn its application required to
FMCSA Approach for Fulfilling the beyond the municipalities and obtain authority to operate beyond the
Requirements of Section 6901(b)(2)(B) commercial zones and was considered municipalities and commercial zones.
of the Act for participation in the cross border 5. ‘‘Unable to contact’’ status refers to
Comprehensive Data and Information demonstration project. FMCSA has a motor carrier that the assigned FMCSA
on Pre-Authorization Safety Audits repeated this column on tables 2, 3, and Safety Auditor has been unable to
4. contact based on the information
As noted above, section
C. Column C—US DOT Number: The submitted or filed by the motor carrier
6901(b)(2)(B)(i) of the Act requires
identification number presumptively in its application.
FMCSA to publish comprehensive data assigned to the Mexico-domiciled motor
and information on the PASAs G. Column G—FMCSA Register: The
carrier and required to be displayed on date the publication notice was
conducted before and after the date of each side of the power unit. If granted
enactment of this Act of motor carriers generated in the FMCSA Register of a
provisional operating authority, the successfully completed PASA. The
domiciled in Mexico that are granted Mexico domiciled motor carrier will be
authority to operate beyond the United FMCSA Register notice advises
required to add the suffix ‘‘X’’ to the interested parties that the application
States municipalities and commercial ending of its assigned U.S. DOT
zones on the United States-Mexico has been preliminarily granted and that
Number. FMCSA has repeated this protests to the application must be filed
border. No carriers have yet been column on tables 2, 3, and 4.
granted authority to operate beyond the within 10 days of the publication date.
D. Column D—PASA Scheduled: The Protests are filed with FMCSA
municipalities and commercial zones as date the PASA was scheduled to be
part of this demonstration project. Headquarters in Washington, DC. The
initiated. FMCSA Register can be viewed by going
Consequently, at this time there is no E. Column E—PASA Completed: The
requirement to publish data or to: http://li-public.fmcsa.dot.gov/
date the PASA was completed. LIVIEW/pkg_html.prc_limain and then
information from any of the PASAs F. Column F—PASA Results: The
conducted. Nonetheless, FMCSA has selecting ‘‘FMCSA Register’’ from the
results upon completion of the PASA. drop-down box in the upper right corner
chosen to go ahead and publish data The PASA undergoes a quality
and information relating to all PASAs of the screen. The notice in the FMCSA
assurance review prior to approval. The Register lists the following information:
conducted to date. quality assurance process involves a 1. Current registration number (e.g.,
The FMCSA includes one table in the dual review by the FMCSA Division MX–123456);
text of this notice and three additional Office Supervisor of the Auditor 2. Date the notice was filed in the
tables at the end of this Federal Register assigned to conduct the PASA and the FMCSA Register;
notice. Table 1 below outlines the FMCSA Service Center New Entrant 3. The applicant name and address,
specific U.S. and Mexican regulations in Specialist designated for the specific and 4.Representative or contact
the three areas where the Mexican FMCSA Division Office. The dual information for the applicant.
regulations or processes are being review ensures the successfully H. Column H—Drivers Identified Who
accepted as meeting U.S. requirements. completed PASA was conducted in Motor Carrier Intends to Operate in the
Table 2 contains general information accordance with FMCSA policy, United States: The total number of
on the PASAs the Agency completed procedures and guidance. Upon drivers the motor carrier intends to
before the enactment of the Act, and any approval the PASA is uploaded into the operate in the United States.
completed since then. Table 3 contains FMCSA Motor Carrier Management I. Column I—Vehicles Identified
the results of each applicant’s PASA, if Information System (MCMIS). The Which Motor Carrier Intends to Operate
applicable. Table 4 contains data about PASA information and results are then in the United States: The total number
each applicant’s PASA, if applicable. recorded in the Mexico-domiciled motor of power units the motor carrier intends
The first three columns of tables 2, 3, carrier’s safety performance record in to operate in the United States.
and 4 are the same in each table for the MCMIS. J. Column J—Passed Verification 5
ease of the reader. The information for 1. ‘‘Passed’’ status refers to a motor Elements (Yes/No): A Mexico-domiciled
all three tables is in USDOT number carrier that has successfully completed motor carrier will not be granted
order. Applicants who had not been the PASA and the quality assurance provisional operating authority if
issued a presumptive USDOT number as process and is listed as approved in FMCSA cannot verify all of the
of May 31, 2007 are listed at the end of MCMIS. following five mandatory elements.
the table. Rows 1 through 107 on each 2. ‘‘Pending’’ status refers to a motor FMCSA must:
of the three tables applies to the same carrier that has successfully completed 1. Verify a controlled substances and
motor carrier applicant. For example, a PASA, but the results are pending alcohol testing program consistent with
row 6 contains information for David FMCSA approval through the quality 49 CFR part 40.
Klassen Peters, USDOT Number 556741 assurance review. 2. Verify a system of compliance with
on tables 2, 3, and 4. A narrative 3. ‘‘Failed’’ status refers to a motor hours-of-service rules consistent with 49
description of each column heading carrier for which FMCSA was unable to CFR part 395, including recordkeeping
contained within tables 2, 3, and 4 is verify one or more of the five mandatory and retention;
provided below: elements in Part 365, Subpart E, 3. Verify proof of financial
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A. Column A—Row: Sequential Appendix A, Section III; or a motor responsibility consistent with 49 CFR
number for ease of reading across tables carrier that has inadequate basic safety part 387;
2, 3, and 4. Row 6 contains all the management controls in three or more 4. Verify records of periodic vehicle
information for the same motor carrier factors set forth in Part 365, Subpart E, inspections consistent with 49 CFR part
split across the three tables. FMCSA has Appendix A, Section IV(f). 396; and

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5. Verify the qualifications of each M. Column M—Passed Phase 1, R. Column R—Number of Vehicles
driver the carrier intends to use under Factor 2: A ‘‘yes’’ in this column Issued CVSA Decal During PASA Which
such authority, as required by parts 383 indicates the carrier has successfully Carrier Intends to Operate in the US:
and 391, including confirming the met Factor 2, which includes the Driver The total number of inspected vehicles
validity of each driver’s Licencia Requirements outlined in Parts 382 (power units and trailers) the motor
Federal de Conductor. (Controlled Substances and Alcohol Use carrier intends to operate in the United
K. Column K—If Motor Carrier Failed and Testing), 383 (Commercial Driver’s States that received a CVSA inspection
Pre-Authorization Safety Audit, Which License Standard; Requirements and decal as a result of an inspection during
Element(s) Failed: If FMCSA could not Penalties) and 391 (Qualifications of the PASA.
verify one of the five mandatory Drivers and Longer Combination S. Column S—Number of Vehicles
elements outlined in Part 365, Vehicle (LCV) Driver Instructors). Displaying Current CVSA Decal During
Appendix A, Section III, this column N. Column N—Passed Phase 1, Factor PASA Which Carrier Intends to Operate
will specify which mandatory 3: A ‘‘yes’’ in this column indicates the in the US: The total number of vehicles
element(s) could not be verified. carrier has successfully met Factor 3, (power units and trailers) the motor
Please note that for columns L which includes the Operational carrier intends to operate in the United
through P below and shown on table 3 Requirements outlined in Parts 392 States that displayed a current
at the end of this notice, during the (Driving of Commercial Motor Vehicles) Commercial Vehicle Safety Alliance
PASA, after verifying the five and 395 (Hours of Service of Drivers). (CVSA) inspection decal at the time of
mandatory elements discussed in O. Column O—Passed Phase 1, Factor the PASA.
column J above and also shown on table 4: A ‘‘yes’’ in this column indicates the T. Column T—Controlled Substances
3, FMCSA will gather additional carrier has successfully met Factor 4, Collection: Refers to the applicability
information. The additional information which includes the Vehicle and/or country of origin of the
FMCSA will gather is to review a motor Requirements outlined in Parts 393 controlled substance and alcohol
carrier’s compliance with ‘‘acute and (Parts and Accessories Necessary for collection facility contracted to use/or
critical’’ regulations of the FMCSRs and Safe Operation) and 396 (Inspection, will be used by a motor carrier who has
Hazardous Materials Regulations Repair and Maintenance) and vehicle successfully completed the PASA.
(HMRs). This is nearly identical to new inspection and out-of-service data for 1. ’’US’’ means the controlled
entrant audits and compliance reviews the last 12 months. substance and alcohol collection facility
of U.S.- and Canada-domiciled motor P. Column P—Passed Phase 1, Factor is based in the United States.
carriers, except for those statutory 6: A ‘‘yes’’ in this column indicates the 2. ’’MX’’ means the controlled
provisions unique to Mexico-domiciled carrier has successfully met Factor 6, substance and alcohol collection facility
motor carriers. Acute regulations are which includes Accident History. This is based in Mexico. Currently there are
those where noncompliance is so severe factor is the recordable accident rate per not any collection facilities certified in
as to require immediate corrective million miles traveled during the past Mexico to collect controlled substance
actions by a motor carrier regardless of 12 months. A recordable ‘‘accident’’ is and alcohol specimens in accordance
the overall basic safety management defined in 49 CFR 390.5, and means an with 49 CFR part 40.
controls of the motor carrier. Critical accident involving a commercial motor 3. ’’Non-CDL’’ means that during the
regulations are those where vehicle operating on a public road in PASA, FMCSA verified that the motor
noncompliance relates to management interstate or intrastate commerce which carrier is not utilizing commercial motor
and/or operational controls. These are results in: A fatality; a bodily injury to vehicles subject to the commercial
indicative of breakdowns in a carrier’s a person who, as a result of the injury, driver’s license requirements as defined
management controls. A list of acute immediately received medical treatment in 49 CFR 383.5 (Definition of
and critical regulations is included in away from the scene of the accident; or Commercial Motor Vehicle).
part 385, Appendix B, Section VII. one or more motor vehicles incurring Note: Any motor carrier that does not
Parts of the FMCSRs and HMRs disabling damage as a result of the operate commercial motor vehicles as
having similar characteristics are accident requiring the motor vehicle to defined in § 383.5 is not subject to controlled
combined together into six regulatory be transported away from the scene by substance and alcohol testing requirements.
areas called ‘‘factors.’’ The regulatory a tow truck or other motor vehicle. U. Column U—Name of Controlled
factors are intended to evaluate the Note: If the Mexico-domiciled motor Substances and Alcohol Collection
adequacy of carrier’s management carrier has successfully met all five Facility: ‘‘Name of Controlled
controls. mandatory elements, but the PASA reveals Substances and Alcohol Collection
Factor 5 relates to the transportation the motor carrier has inadequate basic safety Facility’’ is the name and location of the
of hazardous materials and was omitted management controls in at least three U.S. drug and alcohol collection facility
below, as Mexico-domiciled motor separate factors, the motor carrier will fail the for a Mexico-domiciled motor carrier
carriers that transport hazardous PASA and not be granted provisional
operating authority.
who has successfully completed the
materials are not permitted to PASA.
participate in the cross border Q. Column Q—Number of Vehicles
demonstration project. Inspected Which Carrier Intends to Measures To Protect the Health and
L. Column L—Passed Phase 1, Factor Operate in the US: The total number of Safety of the Public
1: A ‘‘yes’’ in this column indicates the vehicles (power units and trailers) the The FMCSA has developed an
carrier has successfully met Factor 1 motor carrier intends to operate in the extensive oversight system to protect the
(listed in Part 365, Subpart E, Appendix United States that received a vehicle health and safety of the public and
A, Section IV(f)). Factor 1 includes the inspection during the PASA. During a FMCSA will apply it to Mexico-
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General Requirements outlined in Parts PASA, FMCSA inspected available domiciled motor carriers. These
387 (Minimum Levels of Financial vehicles that did not display a current measures are outlined in 49 CFR parts
Responsibility for Motor Carriers) and Commercial Vehicle Safety Alliance 350–396 and include providing grants to
390 (Federal Motor Carrier Safety (CVSA) inspection decal. This number States for commercial vehicle
Regulations-General). reflects the vehicles that were inspected. enforcement activities, regulations

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outlining the application procedures, (2) Verify a system of compliance public.fmcsa.dot.gov/LIVIEW/

regulations explaining how FMCSA will with FMCSA’s hours-of-service rules in pkg_html.prc_limain and then selecting
assess safety ratings and civil penalties 49 CFR part 395, including ‘‘FMCSA Register’’ from the drop-down
as well as amounts of possible civil recordkeeping and retention; box in the upper right corner of the
penalties, insurance requirements, drug (3) Verify proof of financial screen. Any member of the public may,
and alcohol testing requirements, responsibility; within ten days of publication in the
commercial driver’s license (CDL) (4) Verify records of periodic vehicle FMCSA Register, protest the carrier’s
requirements, general operating inspections; and application before the Agency on the
requirements, driver qualification (5) Verify the qualifications of each grounds that the carrier is not fit,
requirements, vehicle parts and driver the carrier intends to assign to willing, or able to provide the
maintenance requirements, and hours- operate under such authority, as transportation services for which it has
of-service requirements. These required by 49 CFR parts 383 and 391, requested approval.2 FMCSA will
requirements apply to Mexico- including confirming the validity of consider all protests before determining
domiciled carriers operating in this each driver’s Licencia Federal de whether to grant provisional operating
demonstration project, just as they do to Conductor. authority. Under FMCSA regulations, all
any commercial motor vehicle, driver, Upon verification of the five essential motor carriers receive provisional
or carrier operating in the United States. elements listed above, FMCSA will operating authority for 18 months after
The description below is limited to the then: receiving a USDOT number and are
main features of FMCSA’s system to (1) Verify performance data and safety subject to enhanced safety scrutiny
protect the health and safety of the management programs; during the provisional operating period.
public during this demonstration (2) Review data concerning the
carrier’s safety history, and other Financial Responsibility and Process
project, but is not intended to imply that
information necessary to determine the Agent Filing Requirements
all regulations outlined above do not
apply at all times. carrier’s preparedness to comply with If FMCSA grants the carrier’s
the Federal Motor Carrier Safety application, it will not issue provisional
Application Process Regulations, 49 CFR parts 382 through operating authority until:
The process begins with a 28-page 399, (1) An insurance company licensed in
(3) Inspect commercial motor vehicles the United States files with FMCSA
application that gathers specific
to be used under provisional operating verification that the carrier maintains
information about the carrier, its
authority, if any of these vehicles do not the legally required level of public
affiliations, its insurance, its safety
display a current Commercial Vehicle liability insurance coverage; and
programs, and its compliance with U.S.
Safety Alliance (CVSA) inspection decal (2) The carrier provides FMCSA with
laws. In addition to providing general
required by 49 CFR 385.103(d); a list of agents for the service of legal
information, the carrier must complete
(4) Evaluate the carrier’s safety process for each State in which the
up to 35 safety and compliance
inspection, maintenance, and repair carrier will operate.
certifications and provide information
facilities or management systems,
regarding its systems for monitoring Limitation on Authority
including verification of records of
hours-of-service and accidents and
periodic vehicle inspections; and Carriers that successfully complete
complying with DOT drug and alcohol (5) Interview carrier officials to review
testing requirements. the PASA will receive provisional
safety management controls and operating authority to provide long-haul
Pre-Authorization Safety Audits evaluate any written safety oversight transportation in the U.S. under this
policies and practices. demonstration program. However, their
The next step in the oversight system In addition to sampling records for
is the PASA. Upon completion of the authority will be limited in several ways
compliance, FMCSA will also compile a compared to U.S.-domiciled carriers.
application and its review, FMCSA will list of vehicles and drivers the carrier
then schedule a PASA. The PASA They will not be permitted to transport
intends to use in the U.S. and will hazardous materials or passengers, and
evaluation process developed by the conduct vehicle inspections of any
FMCSA is used to evaluate safety they will not be permitted to provide
trucks and trailers intended to be used point-to-point transportation while
management controls and determine if a in the U.S. which does not display a
Mexico-domiciled carrier and each operating in the United States.
current CVSA inspection decal. Once all In addition, as a condition of
driver is able to operate safely in the this information is collected and/or
United States. It also identifies motor participating in the demonstration
verified, it will then be evaluated program, Mexico-domiciled motor
carriers and drivers that have safety according to the criteria set forth in
problems and need to improve their carriers must sign a form that allows
Section IV of Appendix A to Subpart E FMCSA to revoke their authority.
compliance with the FMCSRs, before of part 365. The results of the PASA are
FMCSA grants the carrier’s provisional reviewed at the FMCSA Division Office Cross Border Monitoring
authority to operate beyond the U.S. where the auditor is assigned and the
municipalities and commercial zones on Any carrier that receives provisional
respective FMCSA Service Center for operating authority to provide
the US-Mexico international border. that Division office. Upon approval by
The PASA will be conducted at the transportation outside the commercial
the Division Office and Service Center, zone will be subject to inspection each
carrier’s principal place of business in the PASA is uploaded into FMCSA’s
Mexico in accordance with the time it crosses the border. Because these
information system (MCMIS). vehicles will have a DOT number that
procedures in Appendix A to Subpart E
of Part 365. The carrier will not be FMCSA Register—Public Comment ends in an ‘‘X,’’ they will be easily
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granted provisional operating authority identifiable to FMCSA, State, or

If the carrier has passed the PASA,
unless FMCSA can: Customs and Border Protection staff. All
FMCSA will publish the carrier’s
(1) Verify a controlled substances and request for authority in the FMCSA 2 See 49 CFR 365.201 through 365.207 on how to
alcohol testing program consistent with Register. The FMCSA Register can be oppose requests for FMCSA provisional operating
DOT requirements in 49 CFR part 40; viewed by going to: http://li- authority.

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commercial motor vehicles used by a compliance review or require the carrier registration if it receives an
Mexican carrier with long-haul to provide written response Unsatisfactory safety rating. Any
authority will be required to have demonstrating corrective action. These Mexico-domiciled carrier that receives a
current CVSA inspection decals at all conditions include: Conditional safety rating as a result of
times when operating in the U.S. The • Using a driver not possessing or a compliance review will have its
CVSA inspection decal is evidence that operating with a valid Licencia Federal authority revoked unless it can
the vehicle passed a comprehensive 38- de Conductor (an invalid Licencia demonstrate corrective action within 30
point inspection within the past 90 Federal de Conductor includes one that days. In addition, any carrier in the
days. When crossing the border these is falsified, revoked, expired or missing demonstration project will have its
trucks will, at a minimum, be checked a required endorsement), authority suspended if it fails to
to verify that the driver is properly • Operating vehicles that have been maintain insurance on file with FMCSA.
licensed and that the vehicle displays a placed out of service for violations of Any vehicles found operating in the
current CVSA inspection decal. If the the CVSA North American Standard United States by a carrier without active
vehicle lacks a current decal, the driver Out-of-Service Criteria without making operating authority will be placed out of
and vehicle will receive a repairs, service.
comprehensive inspection and will not • Using a driver who tests positive for In addition to loss of authority for less
be permitted to proceed unless both the controlled substances or alcohol or who than satisfactory safety ratings or
driver and vehicle pass this inspection. refuses to submit to testing, absence of insurance, drivers and
License checks will be conducted • Operating within the U.S. without carriers participating in the
through the Mexican LFIS (Licencias valid insurance, or demonstration project, like all
Federales de Conductor Information • Having a driver or vehicle out-of- commercial motor vehicle drivers and
System) database and the FMCSA service rate of more than 50 percent motor carriers operating in the U.S., are
repository of Mexican driver based on at least three inspections subject to civil penalties for violations
convictions while in the U.S., known as occurring within a consecutive 90-day of the Federal Motor Carrier Safety
the ‘‘52nd State’’ system. Any driver period. Regulations. The amounts of the civil
who is not properly licensed in the penalties are laid out in Appendices A
Compliance Reviews
Mexican database will not be allowed to and B to 49 CFR Part 386 and include:
provide transportation in the U.S. In The FMCSA may conduct a • Up to $2,100 per violation for
addition, any Mexican driver with compliance review on a motor carrier operating a vehicle after being placed
traffic convictions in the U.S. that for a variety of reasons including but not out of service (driver),
would have resulted in disqualification limited to: • Up to $16,000 per violation for
from driving a commercial motor • The carrier is identified as being requiring or permitting a driver to
vehicle under 49 CFR 383.51 will be ‘‘high-risk’’ based on FMCSA’s SafeStat operate a vehicle after being placed out
prohibited from providing system, of service (carrier),
transportation in the U.S. • The carrier is the subject of a non- • Up to $550 per day for each
In addition to the check of the CVSA frivolous complaint, recordkeeping violation, up to $5,500,
inspection decal and Mexican drivers’ • FMCSA discovers one or more of 11 • Up to $5,500 for knowingly
licenses described above, all vehicles violations during a pre-authorization falsifying documents,
used by a carrier with long-haul safety audit that requires a compliance • Up to $11,000 for each non-
authority will be subject to more review. recordkeeping violation 5
comprehensive driver inspections, Carriers participating in the • Up to $3,750 for each violation of
walk-around inspections, or full vehicle demonstration project will be subject to the CDL regulations,
inspections. During 2006, FMCSA and compliance reviews for the above • Up to $16,000 for each violation of
its State partners performed over conditions, as would any other carrier financial responsibility (insurance)
210,000 inspections of Mexican vehicles operating in the U.S. regulations.
entering the U.S. The compliance review is an in-depth Finally, FMCSA has the authority
examination of a carrier’s safety under 49 U.S.C. 521(b)(5) to shut down
On-Going Monitoring management practices. During the any vehicle, driver, or carrier operation,
The FMCSA will be providing on- compliance review the FMCSA whether U.S., Canadian, or Mexican,
going performance monitoring of investigator will look at the carrier’s whose regulatory violations are so
carriers participating in the compliance with all applicable serious that they constitute an imminent
demonstration project. Monitoring will regulations including driver hazard.
include checking the carrier’s qualifications, hours of service, drug
compliance during cross-border and and alcohol testing, insurance, Measures to Ensure Compliance with
roadside inspections as well as any maintenance, and operating authority. 49 CFR 391.11(b)(2) and 365.501(b)
vehicle crashes that occur in the United The compliance review will result in a English proficiency
States. The FMCSA will conduct a safety rating based on five factors 4 as Section 391.11(b)(2) requires drivers
compliance review if the carrier is outlined in Appendix B to Part 385. operating commercial motor vehicles, as
flagged as high-risk in FMCSA’s defined in 49 CFR 390.5, in interstate
Penalties
SafeStat 3 system. In addition, 49 CFR commerce to be able to ‘‘read and speak
385.105 sets forth certain violations and Any Mexico-domiciled carrier
operating as part of this demonstration the English language sufficiently to
conditions that, if discovered, will converse with the general public, to
prompt FMCSA to conduct a program will immediately be subject to
suspension and revocation of its understand highway traffic signs and
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3 SafeStat (short for Motor Carrier Safety Status

signals in the English language, to
Measurement System) is an automated, data driven 4 While there are 6 factors considered in respond to official inquiries, and to
analysis system designed by FMCSA. For more determining a motor carrier’s safety rating, only 5
information, see http://ai.fmcsa.dot.gov/safestat/ will be applicable to carriers operating in the 5 Violations of the English proficiency and

disclaimer.asp?RedirectedURL=/safestat/ demonstration project because transportation of cabotage rules are both non-recordkeeping
safestatmain.asp. hazardous materials will not be authorized. violations.

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make entries on reports and records.’’ cabotage violations during stops of traveling public than U.S. CDL holders
CVSA recently adopted English commercial motor vehicles for traffic in terms of demonstrated unsafe driving
proficiency as a part of its North violations. This training, aimed at law practices, such as speeding, improper
American Standard Out-of-Service enforcement agents who are not full- lane changes, controlled substances use/
criteria; CVSA gave the States guidance time truck inspectors, but may alcohol misuse?
on this matter. encounter a Mexican truck during a • Are the trucks operated by Mexico-
FMCSA and its State partners will traffic stop, is being conducted in domiciled motor carriers maintained at
check each driver and vehicle entering association with the International levels similar to those of U.S.-domiciled
the U.S. as part of this demonstration Association of Chiefs of Police. carriers, or do they have higher out-of-
project. During that check, which will The FMCSA’s training on service rates?
include verification of a current CVSA enforcement of operating authority has • In the course of conducting PASAs,
decal on the vehicle and the driver’s been successful. In 2006 the Southern did FMCSA detect violations of the 11
Mexican CDL, inspectors will interact border States (California, Arizona, New critical safety regulations in any greater
with the driver in English. If there Mexico, and Texas) discovered 2,328 proportion than found in new entrant
appears to be a communication instances (from 951,229 inspections) audits of U.S.-domiciled carriers?
problem, the driver will be directed to where a Mexico-domiciled carrier was • What other safety problems are
a secondary inspection site where a full found to be operating outside the scope being experienced by enforcement
driver inspection will be conducted. If of its operating authority. While these personnel and others in the course of
this inspection results in a finding the carriers may have been operating implementing the demonstration
driver does not speak sufficient English outside the scope of their authority for project?
to satisfy the regulation, the violation reasons other than cabotage (i.e.,
will be cited on the inspection report operating beyond the commercial zones Crash Rate (Recordable Crashes Per
and the driver will be placed out-of- or having not received authority), this Million Miles)
service. English proficiency will also be data shows State and Federal Consistent with the New Entrant
evaluated during any other vehicle enforcement personnel are enforcing Safety Assurance Process, the
inspections occurring in the U.S. and this regulation. evaluation will consider whether the
will likewise result in an out-of-service The Agency will also use records like crash rate of a participating carrier is
order if the driver can not meet the logbooks and associated supporting indicative of a carrier with inadequate
requirements of this section. documents, such as bills of lading, basic safety management controls.
during compliance reviews to determine
Prohibition Against Point-to-Point Driver Behavior (Violations for Unsafe
if a Mexican carrier has operated
Transportation Services Within the U.S. Driving Practices)
beyond the scope of its authority by
Section 365.501(b) requires that ‘‘a engaging in cabotage. The evaluation will assess the number
Mexico-domiciled carrier may not of moving violations, such as excessive
provide point-to-point transportation Specific Standards to be Used to speed and unsafe lane changes, and for
services, including express delivery Evaluate the Pilot Program violations of regulations relating to
services, within the United States for The Secretary has appointed a panel licenses, hours of service, and
goods other than international cargo.’’ of three transportation experts to assess controlled substances use/alcohol
The transportation of domestic freight the safety performance of Mexico- misuse, compared to the national
between points in the United States is domiciled carriers operating beyond the average for U.S.-domiciled driver.
known as ‘‘cabotage.’’ border commercial zone in the United
The provisional operating authority States. The team is Mortimer L. Downey Violation/Driver Safety Compliance
granted to a Mexican domiciled motor III, former Deputy Secretary of (Number of Out-of-Service Orders)
carrier to operate beyond the Transportation, Kenneth M. Mead, The evaluation will assess the number
commercial zone is limited to the former DOT Inspector General, and of times a motor carrier’s drivers or
transportation of international freight. James T. Kolbe, former U.S. vehicles are placed out of service for
Therefore, a carrier providing point-to- Congressman from Arizona. The violations of the FMCSRs or compatible
point transportation services in the U.S. FMCSA has entered into a State laws and regulations, compared to
is operating beyond the scope of its Memorandum of Understanding (MOU) the average for U.S. carriers.
operating authority and is in violation of with the Research and Innovative
49 CFR 392.9a(a). Commercial vehicles Carrier Safety Compliance (Number of
Technology Administration’s
found to be operating beyond the scope Pre-Authorization Safety Audit
Transportation Safety Institute (TSI) to
of the carrier’s provisional operating Violations)
provide independent management of the
authority will be placed out of service, project. Using carrier PASA data, the
and the motor carrier may be subject to The evaluation will provide an evaluation will assess the number of
penalties. assessment of whether the safety carriers that had violations of 11 critical
The FMCSA has trained all State performance of Mexico-domiciled safety regulations, compared to the
truck inspectors in the enforcement of carriers operating beyond the border average found for U.S. carriers. The
operating authority restrictions and commercial zone in the U.S. differs from FMCSA has determined that a violation
conducted significant outreach to the the performance exhibited by U.S.- of any of the following 11 critical
law enforcement community to ensure domiciled carriers. Specifically, the regulations is so significant that it
they are aware of these provisions and evaluation will focus on answering the merits failure of the safety audit:
that they will examine MX trucks to following five key safety questions: 1. Failing to implement an alcohol
determine if they are violating these • Are the available crash data for and/or controlled substances testing
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restrictions. Additionally, we have and Mexico-domiciled carriers participating program.

will continue to provide training to in the project statistically different from 2. Using a driver who has refused to
State and local law enforcement comparable U.S.-domiciled carriers? submit to an alcohol or controlled
agencies on conducting roadside • Do Mexico-licensed commercial substances test required under 49 CFR
vehicle/driver traffic stops and detecting drivers pose a greater risk to the part 382.

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3. Using a driver known to have tested 3.Involvement in, due to an act or specimens collected by Mexican
positive for a controlled substance. omission of the carrier, a hazardous collection facilities are equivalent to
4. Knowingly allowing, requiring, materials incident within the U.S. examinations and test specimens
permitting, or authorizing an employee 4.Using a driver who tests positive for conducted or collected in the United
with a CDL which is suspended, controlled substances or alcohol or States. In Mexico, in order to obtain the
revoked, or canceled by a State or who refuses to submit to required tests. Licencia Federal de Conductor a driver
is disqualified to operate a commercial 5.Operating in the U.S. without the must meet the requirements established
motor vehicle. required minimum levels of financial by the Ley de Caminos, Puentes y
5. Knowingly allowing, requiring, responsibility. Autotransporte Federal (LCPAF or
permitting, or authorizing a driver to 6.Having a driver or vehicle out-of- Roads, Bridges and Federal Motor
operate a commercial motor vehicle service rate of 50 percent or more, based Carrier Transportation Act) Article 36,
while the driver is disqualified. on at least three inspections occurring and Reglamento de Autotransporte
6. Operating a commercial motor within a 90 consecutive-day period. Federal y Servicios Auxiliares (RAFSA,
vehicle without having in effect the List of Federal Motor Carrier Safety or Federal Motor Carrier Transportation
required minimum levels of financial Laws and Regulations for Which Act) Article 89, which state a Mexican
responsibility. FMCSA Will Accept Compliance With a driver must pass the medical exam
7. Using a disqualified driver. Corresponding Mexican Law or performed by Mexico’s Secretariat of
8. Using a physically unqualified Regulation Communications and Transportation
driver. The Secretary of Transportation will (SCT), Directorship General of
9. Failing to require a driver to make accept only three areas of Mexican Protection and Prevention Medicine in
a record of duty status. regulations as being equivalent to Transportation (DGPMPT). This is the
10. Requiring or permitting the United States regulations. The first area same medical exam performed on
operation of a commercial motor vehicle is the regulations governing Mexican applicants in all modes of transportation
declared ‘‘out of service’’ before repairs Commercial Driver’s Licenses (CDL). (airline pilots, merchant mariners, and
are made. The U.S. acceptance of a Mexican CDL, locomotive operators). It is conducted
11. Using a commercial motor vehicle known as the Licencia Federal de by government doctors instead of the
that has not been periodically inspected. Conductor, dates back to November 21, private physicians performing the
Carrier Safety Compliance (Number of 1991, when the Federal Highway examination on U.S. drivers.
Post-Authorization Safety Audit Administrator determined that the Third, controlled substances testing in
Violations) Mexican CDLs are equivalent to the Mexico is also conducted by personnel
standards of the U.S. regulations. from Mexico’s SCT. The U.S. DOT and
The evaluation will consider the Mexico will disqualify a driver’s CDL
number of violations of critical safety SCT have a Memorandum of
for safety infractions or testing positive Understanding (MOU) under which
regulations found when a safety audit is for the use of drugs. However, since
triggered by operating violations, Mexico has agreed to collect drug
Mexico’s disqualification standards are testing specimens using U.S. specimen
compared to the average found for U.S. not identical to U.S. standards, FMCSA,
carriers. Following the PASA, few collection procedures and U.S.
working with the States, has developed collection forms. The U.S. DOT has
carriers are expected to be cited for a system to monitor the performance of
violations. However, under 49 CFR translated its drug testing collection
Mexican drivers while in the U.S. and
385.105, violations of six regulations, forms into Spanish as part of this MOU.
take steps to disqualify these drivers if
identified through roadside inspections While to date all Mexican carriers that
they incur violations that would result
or any other established means, may have undergone a PASA from the
in a U.S. driver’s license being
subject the Mexico-domiciled carrier to FMCSA are sending their drivers to U.S.
suspended. Therefore, the U.S. is not
an expedited safety audit, compliance collection facilities, the Secretary of
relying solely on Mexico’s
review, or submission of evidence of disqualification standards, but is Transportation would accept a drug test
correcting the deficiency. The six imposing its own standards in addition using a specimen collected in Mexico
violations include: to any disqualifications that may be using our forms and procedures.
1. Using a driver without a valid taken by the Mexican government. Table 1 below outlines the specific
license. Second, the Secretary of U.S. and Mexican regulations in the
2. Using a vehicle that has been Transportation will also consider that three areas where the Mexican
placed out of service without physical examinations conducted by regulations or processes are being
completing the required repairs. Mexican doctors and drug testing accepted as meeting U.S. requirements.

TABLE 1
Description United States Mexico

Drug and Alcohol Testing Proce- • 49 CFR Part 382 ....................... • Requires random drug testing by motor carrier at a
dures—Random Testing. 50 percent rate.
• Reglamento del Servicio de Medicina Preventiva del Transporte.
• Government conducts random drug testing at terminals, ports of
entry, and specific areas along corridors.
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TABLE 1—Continued
Description United States Mexico

Drug and Alcohol Testing Proce- 49 CFR Part 40 ............................. • Reglamento del Servicio de Medicina Preventiva del Transporte.
dures—Collection of Samples. • Collection of procedures out- • DGPMPT–IT–02–01; DGPMPT–PE–02–F–01.
lined and detailed description of •–DGPMPT–PE–02.
the custody. • DGPMPT–IT–02–01 thru 08.
• Collection procedures have been ISO certified.
• The U.S. and Mexico have a Memorandum of Understanding that
Mexico will, when collecting samples to satisfy U.S. drug testing
regulations, use U.S. collection procedures and forms. These forms
have been translated into Spanish and provided to Mexico.
Drug and Alcohol Testing Proce- • 49 CFR Part 40 ......................... Reglamento del Servicio de Medicina Preventiva del Transporte.
dures—Laboratory Testing. • Laboratories approved by the • DGPMPT–PE–01–IE–01.
U.S. Department of Health and • Regulations and procedures are equivalent to U.S. standards.
Human Services. • Laboratory is not certified due to lack of proper equipment and
other procedural requirements.
Commercial Driver’s License— • 49 CFR Part 383 ....................... • Ley de Caminos, Puentes y Autotransporte Federal.
Issuance. • Outlines the knowledge, skills • Articlos 89 y 90, Reglamento de Autotransportes Federal y Servicio
and testing procedures required Auxilares.
to obtain a commercial driver’s • Driver must provide proof of medical qualification, proof of address,
license. and training(both skills and knowledge).
• Must be renewed every 2 years.
Commercial Driver’s License—Dis- • 49 CFR Part 383 ....................... • Ley de Caminos, Puentes y Autotransporte Federal.
qualifications. • Outlines CDL disqualifications • Reglamento del Servicio de Medicina Preventiva del Transporte.
for major and serious traffic vio- • Provides for the disqualification of drivers for major and serious
lations. traffic violations.
• License can be canceled by a judge.
• License can be canceled for three speeding violations in a one
year period.
• License can be canceled for leaving the scene of an accident with-
out notifyingthe closest authority or abandoning the vehicle.
• License can be canceled for altering the license.
• License can be canceled for failing to a drug test.
• License cannot be obtained after failing a drug test without proof of
success completion of a rehabilitation program.
• License can be suspended for failing to provide accurate informa-
tion on application.
• Cancellation is valid for 10 years—cannot obtain a license for 10
years.
Medical Standards .......................... • 49 CFR Part 391 ....................... Reglamento del Servicio de Medicina Preventiva del Transporte.
• US—Requires a comprehensive MX—Requires a comprehensive physical and psychological examina-
physical and psychological ex- tion.
amination. • Medical Medical examination is a pre-requisite to obtaining a
• Medical examination is not part Licencia de Federal de Conductor.
of the CDL issuance process. • Medical examination may be required while the driver is ‘‘in oper-
ation’’ (on duty) to determine if the driver is still qualified to drive.

Request for Comments available for examination in the docket relevant information that becomes
at the location listed under the address available after the comment closing
In accordance with the Act, FMCSA date. Interested persons should continue
section of this notice. Comments
requests public comment from all to examine the public docket for new
received after the comment closing date
interested persons on the Agency’s plan material.
for fulfilling the requirements of will be filed in the public docket and
sections 6901(a) and 6901(b)(2)(B)(i) will be considered to the extent Issued: June 5, 2007.
through (v). All comments received practicable. In addition to late John H. Hill,
before the close of business on June 28, comments, the FMCSA will also Administrator.
2007 will be considered and will be continue to file, in the public docket, BILLING CODE 4910–EX–P
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[FR Doc. 07–2870 Filed 6–6–07; 9:09 am]

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