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Federal Register / Vol. 73, No.

57 / Monday, March 24, 2008 / Notices 15557

DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION comment (or signing the comment, if


submitted on behalf of an association,
[Public Notice 6144]
Federal Motor Carrier Safety business, labor union, etc.). You may
Administration review DOT’s complete Privacy Act
Culturally Significant Objects Imported [Docket No. FMCSA–2007–28055] Statement in the Federal Register
for Exhibition Determinations: ‘‘Glass published on April 11, 2000 (65 FR
of the Alchemists: Lead Crystal-Gold Demonstration Project on NAFTA 19477–78).
Ruby’’ Trucking Provisions Docket: For access to the docket to
read background documents or
AGENCY: Federal Motor Carrier Safety
SUMMARY: Notice is hereby given of the comments received, go to http://
Administration (FMCSA), Department
following determinations: Pursuant to www.regulations.gov. Follow the online
of Transportation.
the authority vested in me by the Act of instructions for accessing the dockets.
ACTION: Notice; request for public
October 19, 1965 (79 Stat. 985; 22 U.S.C. comment. FOR FURTHER INFORMATION CONTACT: Mr.
2459), Executive Order 12047 of March Milt Schmidt, Division Chief, North
27, 1978, the Foreign Affairs Reform and SUMMARY: The FMCSA announces and American Borders Division, Telephone
Restructuring Act of 1998 (112 Stat. requests public comment on data and (202) 366–4049; e-mail
2681, et seq.; 22 U.S.C. 6501 note, et information concerning the Pre- milt.schmidt@dot.gov.
seq.), Delegation of Authority No. 234 of Authority Safety Audits (PASAs) for
motor carriers that have applied to SUPPLEMENTARY INFORMATION:
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as participate in the Agency’s project to Background
amended, and Delegation of Authority demonstrate the ability of Mexico-
domiciled motor carriers to operate On May 25, 2007, the President
No. 257 of April 15, 2003 [68 FR 19875], signed into law the U.S. Troop
I hereby determine that the objects to be safely in the United States beyond the
commercial zones on the U.S.-Mexico Readiness, Veterans’ Care, Katrina
included in the exhibition ‘‘Glass of the Recovery, and Iraq Accountability
Alchemists: Lead Crystal-Gold Ruby’’, border. This action is required by the
‘‘U.S. Troop Readiness, Veterans’ Care, Appropriations Act, 2007 (the Act),
imported from abroad for temporary (Pub. L. 110–28). Section 6901 of the
Katrina Recovery, and Iraq
exhibition within the United States, are Act requires that certain actions be
Accountability Appropriations Act,
of cultural significance. The objects are taken by the Department of
2007.’’
imported pursuant to loan agreements Transportation (the Department) as a
with the foreign owners or custodians. DATES: Comments must be received on
condition of obligating or expending
I also determine that the exhibition or or before April 8, 2008. appropriated funds to grant authority to
display of the exhibit objects at the ADDRESSES: You may submit comments Mexico-domiciled motor carriers to
Corning Museum of Glass, Corning, identified by FDMS Docket ID Number operate beyond United States
New York, from on or about June 27, FMCSA–2007–28055 by any of the municipalities and commercial zones on
2008, until on or about January 4, 2009, following methods: the United States-Mexico border (border
and at possible additional exhibitions or • Federal eRulemaking Portal: Go to commercial zones).
http://www.regulations.gov. Follow the
venues yet to be determined, is in the Section 6901(b)(2)(B)(i) of the Act
online instructions for submitting
national interest. Public Notice of these requires FMCSA to publish
comments.
Determinations is ordered to be comprehensive data and information on
Alternatively, you can file comments
published in the Federal Register. the pre-authority safety audits (PASAs)
using the following methods:
• Mail: Docket Management Facility: conducted before and after the date of
FOR FURTHER INFORMATION CONTACT: For enactment of the Act of motor carriers
further information, including a list of U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Room W12– domiciled in Mexico that are granted
the exhibit objects, contact Richard authority to operate beyond the border
Lahne, Attorney-Adviser, Office of the 140, Washington, DC 20590.
• Hand Delivery or Courier: West commercial zones. As of February 7,
Legal Adviser, U.S. Department of State 2008, twelve carriers have been granted
Building Ground Floor, Room W12–140,
(telephone: 202/453–8058). The address authority to operate beyond the border
1200 New Jersey Avenue, SE., between
is U.S. Department of State, SA–44, 301 commercial zones as part of this cross-
9 a.m. and 5 p.m. ET, Monday through
4th Street, SW., Room 700, Washington, Friday, except Federal holidays. border demonstration project. However,
DC 20547–0001. • Fax: 202–493–2251. FMCSA has chosen to publish for public
Dated: March 17, 2008. Instructions: For detailed instructions comment data and information relating
on submitting comments and additional to all PASAs conducted as of February
C. Miller Crouch,
information on the rulemaking process, 7, 2008.
Principal Deputy Assistant, Secretary for
see the Request for Comments heading On October 17, 2007, FMCSA
Educational and Cultural Affairs, Department
of State. of the SUPPLEMENTARY INFORMATION published PASA data for all motor
section of this document. Note that all carriers that had applied to participate
[FR Doc. E8–5891 Filed 3–21–08; 8:45 am]
comments received will be posted in the demonstration project, based on
BILLING CODE 4710–05–P
without change to http:// information available as of October 9,
www.regulations.gov, including any 2007. The FMCSA announces that the
personal information provided. Please following Mexico-domiciled motor
see the Privacy Act heading below. carriers in Table 1 have successfully
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Privacy Act: Anyone is able to search completed their PASAs and notice of
the electronic form of all comments this fact was published in the FMCSA
received into any of our dockets by the Register after the publication of the
name of the individual submitting the October 17 notice:

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15558 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices

TABLE 1
Row number in Tables 2 through 4 of the USDOT
Name of carrier
Appendix to today’s notice No.

18 ................................................................ MANUEL ENCINAS TERAN ........................................................................................... 654499


21 ................................................................ ABELARDO TRAHIN ....................................................................................................... 682402
23 ................................................................ TRANSPORTADORA TERRESTRE SA DE CV ............................................................. 711276
24 ................................................................ AUTOTRANSPORTES DE DISTRIBUCION Y CONSOLIDACION SA DE CV ............. 711282
27 ................................................................ RODOLFO RAMIREZ HEREDIA AND RAUL IVAN RAMIREZ ...................................... 762089
33 ................................................................ TRANSPORTES SOTO E HIJOS SA DE C V ................................................................ 824454
35 ................................................................ GRUPO BEHR DE BAJA CALIFORNIA SA DE CV ....................................................... 861744
38 ................................................................ MARTIN KLASSEN KLASSEN ........................................................................................ 883602
42 ................................................................ MAQUINARIA AGRICOLA DE NOROESTE SA DE CV ................................................ 974841
44 ................................................................ WORLD TRAFFIC DE MEXICO SA DE CV ................................................................... 1041549
55 ................................................................ MARIA DE LOS ANGELES RAMIREZ ........................................................................... 1162107
58 ................................................................ DISTRIBUIDORA AZTECA DEL NORTE SA DE CV ..................................................... 1296357
59 ................................................................ HECTOR MANUEL ARTEAGA PLASCENCIA ............................................................... 1334185
60 ................................................................ MARIA ISABEL MENDIVIL VELARDE ............................................................................ 1548345
62 ................................................................ TRANSLOGISTICA SA DE CV ....................................................................................... 1677817
63 ................................................................ OSCAR ARTURO GRAGEDA DUARTE ......................................................................... 1693389

The FMCSA includes as an appendix D. PASA Scheduled: The date the H. U.S. Drivers: The total number of
to this Federal Register notice, data and PASA was scheduled to be initiated. drivers the motor carrier intends to use
information on the PASAs for which the E. PASA Completed: The date the in the United States.
motor carrier successfully completed PASA was completed. I. U.S. Vehicles: The total number of
the process before the enactment of the F. PASA Results: The results upon power units the motor carrier intends to
Act, and any completed since then. See completion of the PASA. The PASA operate in the United States.
Tables 2, 3, and 4 in the appendix. The receives a quality assurance review J. Passed Verification 5 Elements
appendix also includes information before approval. The quality assurance (Yes/No): A Mexico-domiciled motor
about carriers that failed the PASA in process involves a dual review by the carrier will not be granted provisional
Table 5. Although failure to successfully FMCSA Division Office Supervisor of operating authority if FMCSA cannot
complete the PASA precludes their the Auditor assigned to conduct the verify all of the following five
participation in the project and the Act PASA and the FMCSA Service Center mandatory elements. FMCSA must:
only requires publication of data for New Entrant Specialist designated for a. Verify a controlled substances and
carriers receiving operating authority, the specific FMCSA Division Office. alcohol testing program consistent with
FMCSA is publishing this information The dual review ensures the 49 CFR part 40;
to show that two motor carriers, in successfully completed PASA was b. Verify a system of compliance with
addition to the 26 motor carriers conducted in accordance with FMCSA hours-of-service rules of 49 CFR part
published on October 17, have failed to policy, procedures and guidance. Upon 395, including recordkeeping and
meet U.S. safety standards. A narrative approval, the PASA results are retention;
description of each column heading uploaded into the FMCSA Motor Carrier c. Verify proof of financial
contained within the appendix’s Tables Management Information System responsibility;
2, 3, and 4, ‘‘Successful Pre-Authority (MCMIS). The PASA information and d. Verify records of periodic vehicle
Safety Audit (PASA) Information as of results are then recorded in the Mexico- inspections; and
February 7, 2008’’ as well as in Table 5 domiciled motor carrier’s safety e. Verify the qualifications of each
‘‘Failed Pre-Authority Safety Audit performance record in MCMIS. driver the carrier intends to use under
(PASA) Information as of February 7, such authority, as required by 49 CFR
G. FMCSA Register: The date the
2008,’’ is provided below: parts 383 and 391, including confirming
FMCSA published notice of a
A. Row Number in the Appendix: The the validity of each driver’s Licencia
successfully completed PASA in the
line in the table on which all the PASA Federal de Conductor.
FMCSA Register. The FMCSA Register
information concerning the motor K. If No, Which Element Failed: If
notice advises interested parties that the
carrier is presented. FMCSA could not verify one or more of
application has been preliminarily
B. Name of Carrier: The legal name of the five mandatory elements outlined in
granted and that protests to the
the Mexico-domiciled motor carrier that 49 CFR part 365, appendix A, section
application must be filed within 10 days
applied for authority to operate in the III, this column will specify which
of the publication date. Protests are filed
United States (U.S.) beyond the border mandatory element(s) could not be
with FMCSA Headquarters in
commercial zones and was considered verified.
Washington, DC. The notice in the
for participation in the cross-border Please note that for items L through P
FMCSA Register lists the following
demonstration project. below, during the PASA, after verifying
information:
C. U.S. DOT Number: The the five mandatory elements discussed
identification number assigned to the a. Current registration number (e.g., in item J above, FMCSA will gather
Mexico-domiciled motor carrier and MX–123456); information by reviewing a motor
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required to be displayed on each side of b. Date the notice was published in carrier’s compliance with ‘‘acute and
the power unit. If granted provisional the FMCSA Register; critical’’ regulations of the Federal
operating authority, the Mexico c. The applicant’s name and address; Motor Carrier Safety Regulations
domiciled motor carrier will be required and (FMCSRs) and Hazardous Materials
to add the suffix ‘‘X’’ to the ending of d. Representative or contact Regulations (HMRs). Acute regulations
its assigned U.S. DOT Number. information for the applicant. are those where noncompliance is so

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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices 15559

severe as to require immediate outlined in Parts 393 (Parts and that will be used by a motor carrier who
corrective actions by a motor carrier Accessories Necessary for Safe has successfully completed the PASA.
regardless of the overall basic safety Operation) and 396 (Inspection, Repair a. ‘‘US’’ means the controlled
management controls of the motor and Maintenance) and vehicle substance and alcohol collection facility
carrier. Critical regulations are those inspection and out-of-service data for is based in the United States.
where noncompliance relates to the last 12 months. b. ‘‘MX’’ means the controlled
management and/or operational P. Passed Phase 1, Factor 6: A ‘‘yes’’ substance and alcohol collection facility
controls. These are indicative of in this column indicates the carrier has is based in Mexico.
breakdowns in a carrier’s management successfully met Factor 6, which c. ‘‘Non-CDL’’ means that during the
controls. A list of acute and critical includes Accident History. This factor is PASA, FMCSA verified that the motor
regulations is included in 49 CFR part the recordable accident rate during the carrier is not utilizing commercial motor
385, appendix B, section VII. past 12 months. A recordable vehicles subject to the commercial
Parts of the FMCSRs and HMRs ‘‘accident’’ is defined in 49 CFR 390.5, driver’s license requirements as defined
having similar characteristics are and means an accident involving a in 49 CFR 383.5 (Definition of
combined together into six regulatory commercial motor vehicle operating on Commercial Motor Vehicle). Any motor
areas called ‘‘factors.’’ The regulatory a public road in interstate or intrastate carrier that does not operate commercial
factors are intended to evaluate the commerce which results in: A fatality; a motor vehicles as defined in § 383.5 is
adequacy of a carrier’s management bodily injury to a person who, as a not subject to DOT controlled substance
controls. result of the injury, immediately and alcohol testing requirements.
Factor 5 relates to the transportation received medical treatment away from U. Name of Controlled Substances
of hazardous materials and was omitted the scene of the accident; or one or more and Alcohol Collection Facility: Shows
below, as Mexico-domiciled motor motor vehicles incurring disabling the name and location of the U.S.
carriers that transport hazardous damage as a result of the accident controlled substances and alcohol
materials are not permitted to requiring the motor vehicle to be collection facility that will be used by
participate in the cross-border transported away from the scene by a a Mexico-domiciled motor carrier who
demonstration project. tow truck or other motor vehicle. has successfully completed the PASA.
L. Passed Phase 1, Factor 1: A ‘‘yes’’ Q. Number U.S. Vehicles Inspected:
in this column indicates the carrier has The total number of vehicles (power Request for Comments
successfully met Factor 1 (listed in Part units and trailers) the motor carrier In accordance with the U.S. Troop
365, Subpart E, Appendix A, Section intends to operate in the United States Readiness, Veterans’ Care, Katrina
IV(f)). Factor 1 includes the General that received a vehicle inspection Recovery, and Iraq Accountability
Requirements outlined in Parts 387 during the PASA. During a PASA, Appropriations Act, 2007, FMCSA
(Minimum Levels of Financial FMCSA inspected all vehicles that did requests public comment from all
Responsibility for Motor Carriers) and not display a current Commercial interested persons on the PASA
390 (Federal Motor Carrier Safety Vehicle Safety Alliance (CVSA) information presented in the appendix
Regulations—General). inspection decal. This number reflects to this notice. All comments received
M. Passed Phase 1, Factor 2: A ‘‘yes’’ the vehicles that were inspected, before the close of business on the
in this column indicates the carrier has irrespective of whether the vehicle comment closing date indicated at the
successfully met Factor 2, which received a CVSA inspection decal as a beginning of this notice will be
includes the Driver Requirements result of a passed inspection. considered and will be available for
outlined in Parts 382 (Controlled R. Number U.S. Vehicles Issued CVSA examination in the docket at the
Substances and Alcohol Use and Decal: The total number of inspected location listed under the address section
Testing), 383 (Commercial Driver’s vehicles (power units and trailers) the of this notice. Comments received after
License Standards; Requirements and motor carrier intends to operate in the the comment closing date will be filed
Penalties) and 391 (Qualifications of United States that received a CVSA in the public docket and will be
Drivers and Longer Combination inspection decal as a result of an considered to the extent practicable. In
Vehicle (LCV) Driver Instructors). inspection during the PASA. addition to late comments, the FMCSA
N. Passed Phase 1, Factor 3: A ‘‘yes’’ S. Number U.S. Vehicles with Current will also continue to file, in the public
in this column indicates the carrier has CVSA Decal: The total number of docket, relevant information that
successfully met Factor 3, which vehicles (power units and trailers) the becomes available after the comment
includes the Operational Requirements motor carrier intends to operate in the closing date. Interested persons should
outlined in Parts 392 (Driving of United States that displayed a current continue to examine the public docket
Commercial Motor Vehicles) and 395 CVSA inspection decal at the time of the for new material.
(Hours of Service of Drivers). PASA.
O. Passed Phase 1, Factor 4: A ‘‘yes’’ T. Controlled Substances Collection: Issued on: March 17, 2008.
in this column indicates the carrier has Refers to the applicability and/or John H. Hill,
successfully met Factor 4, which country of origin of the controlled Administrator.
includes the Vehicle Requirements substance and alcohol collection facility BILLING CODE 4910–EX–P
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[FR Doc. E8–5722 Filed 3–21–08; 8:45 am]


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