Daily Rules, Proposed Rules, and Notices of the Federal Government
To avoid duplication, please use only one of these four methods. All submissions must include the Agency name and docket number for this notice. See the "Public Participation" heading below for instructions on submitting comments and additional information.
Note that all comments received, including any personal information provided, will be posted without change to
On May 25, 2007, the President signed into law the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112, 183, May 25, 2007). Section 6901 of the Act requires that certain actions be taken by the Department of Transportation (the Department) as a condition of obligating or expending appropriated funds to grant authority to Mexico-domiciled motor carriers to operate beyond the municipalities in the United States on the United States-Mexico international border or the commercial zones of such municipalities (border commercial zones).
On July 8, 2011, FMCSA announced in the
In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is required to publish in the
FMCSA is publishing for public comment the data and information relating to one PASA that was completed on June 17, 2012. FMCSA announces that the Mexico-domiciled motor carrier in Table 1 successfully completed the PASA. Notice of this completion was also published in the FMCSA Register.
Tables 2, 3 and 4 all titled (“Successful Pre-Authorization Safety Audit (PASA) Information”) set out additional information on the carrier(s) noted in Table 1. A narrative description of each column in the tables is provided as follows:
a. Current registration number (e.g., MX-123456);
b. Date the notice was published in the FMCSA Register;
c. The applicant's name and address; and
d. Representative or contact information for the applicant.
The FMCSA Register may be accessed through FMCSA's Licensing and Insurance public Web site at
a. Verify a controlled substances and alcohol testing program consistent with 49 CFR part 40.
b. Verify a system of compliance with hours-of-service rules of 49 CFR part 395, including recordkeeping and retention;
c. Verify the ability to obtain financial responsibility as required by 49 CFR 387, including the ability to obtain insurance in the United States;
d. Verify records of periodic vehicle inspections; and
e. Verify the qualifications of each driver the carrier intends to use under such authority, as required by 49 CFR parts 383 and 391, including confirming the validity of each driver's Licencia Federal de Conductor and English language proficiency.
Please note that for items L through P below, during the PASA, after verifying the five mandatory elements discussed in item K above, FMCSA will gather information by reviewing a motor carrier's compliance with “acute and critical” regulations of the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). Acute regulations are those where noncompliance is so severe as to require immediate corrective actions by a motor carrier regardless of the overall basic safety management controls of the motor carrier. Critical regulations are those where noncompliance relates to management and/or operational controls. These regulations are indicative of breakdowns in a carrier's management controls. A list of acute and critical regulations is included in 49 CFR part 385, Appendix B, Section VII.
Parts of the FMCSRs and HMRs having similar characteristics are combined together into six regulatory areas called “factors.” The regulatory factors are intended to evaluate the adequacy of a carrier's management controls.
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.
In an effort to provide as much information as possible for review, the application and PASA results for this carrier are posted at the Agency's Web site for the pilot program at
A list of the carrier's vehicles approved by FMCSA for use in the pilot program is also available at the above referenced Web site.
The Agency acknowledges that through the PASA process it determined that Transportes Monteblanco SA de CV has affiliations with additional companies. An attachment to the PASA provides information regarding these affiliations. During the carrier vetting and PASA process, FMCSA reviewed its records related to the affiliates, and confirmed that the companies are U.S.- domiciled motor carriers registered with FMCSA.
FMCSA notes that Transportes Monteblanco SA de CV is affiliated with two companies: Transportes Monteblanco (US DOT number 1871386, an interstate motor carrier) and MG Alimentos Inc. (US DOT number 1442274, an intrastate motor carrier). While this information was not reflected on the carrier's application, it was noted during the Agency's vetting and documented during the PASA. Additionally, the Agency is aware that the operating authority associated with Transportes Monteblanco (US DOT number 1871386) was revoked on April 18, 2012, as a result of a lapse of insurance. The Agency notes that this carrier has been inspected three times since this date, but has not been cited for operating without authority. The Agency confirmed that the reason for this is that the carrier was transporting exempt commodities which do not require operating authority. The carrier filed evidence of insurance on April 26, 2012 and submitted the required reinstatement fee. FMCSA reinstated Transportes Monteblanco's (USDOT number 1871386) operating authority effective July 23, 2012, and it may now transport non-exempt commodities. FMCSA is aware that one of the affiliated companies, Transportes Monteblanco (USDOT number 1871386), an enterprise carrier, has a Safety Measurement System (SMS) alert in the fatigued driving (hours of service) Behavior Analysis and Safety Improvement Category (BASIC). While this is a matter of concern with respect to the safety performance of that carrier, the Agency has confirmed that Transportes Monteblanco SA de CV (USDOT number 1059694) was created to fulfill a separate business need and not to evade or conceal a negative safety performance history of the affiliated motor carriers. The Agency will continue monitoring the safety of the affiliated interstate motor carrier through SMS and will take action directly on the carrier, if appropriate.
Therefore, we will not apply the SMS scores of the affiliated carriers to Transportes Monteblanco SA de CV when considering whether Transportes Monteblanco SA de CV has demonstrated that it is willing and able to comply with the safety regulations. The Agency reiterates that during the PASA, we determined that Transportes Monteblanco SA de CV has the systems in place to comply with the FMCSRs, including U.S. hours-of-service regulations.
Lastly, it is noted that Transportes Monteblanco SA de CV currently has a 100 percent Driver out of service rate as a commercial zone carrier. This is based on the only two inspections completed within the preceding 24 months. Both inspections were conducted by FMCSA staff members on May 10, 2012 to verify the compliance of the vehicles and the drivers proposed to participate in the pilot program. During these inspections, the drivers were cited for failing to communicate in English. However, these drivers proposed for participation in the pilot program were retested for English language proficiency on May 31, 2012, and passed that evaluation.
To date, no carriers have failed the PASA. The Act requires publication of data of only those carriers receiving operating authority, as failure to successfully complete the PASA precludes the carrier from being granted authority to participate in the long-haul pilot program. FMCSA will publish this information to show motor carriers that failed to meet U.S. safety standards.
In accordance with the Act, FMCSA requests public comment from all interested persons on the PASA information presented in this notice. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the
FMCSA notes that under its regulations, preliminary grants of authority, pending the carrier's showing of compliance with insurance and process agent requirements and the resolution of any protests, are publically noticed through publication in the FMCSA Register. Any protests of such grants must be filed within 10 days of publication of notice in the FMCSA Register.