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Pilot Program on NAFTA Trucking Provisions

American Government Special Collections Reference Desk

Trucking American Government

Pilot Program on NAFTA Trucking Provisions

Anne S. Ferro
Federal Highway Administration
September 30, 2013


[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60010-60014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23760]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]


Pilot Program on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice; request for public comment.

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SUMMARY: FMCSA announces and requests public comment on data and 
information concerning the Pre-Authorization Safety Audit (PASA) for 
Transportation and Cargo Solutions S de RL de CV (TRACSO) with U.S. 
Department of Transportation (USDOT) number 779973, which applied to 
participate in the Agency's long-haul pilot program to test and 
demonstrate the ability of Mexico-domiciled motor carriers to operate 
safely in the United States beyond the municipalities in the United 
States on the United States-Mexico international border or the 
commercial zones of such municipalities. This action is required by the 
``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007'' and all subsequent 
appropriations.

DATES: Comments must be received on or before October 10, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2011-0097 by any one of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department 
of Transportation (DOT), 1200 New Jersey Avenue SE., West Building, 
Ground Floor, Room 12-140, Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., ET, Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    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.

FOR FURTHER INFORMATION CONTACT: Carla Vagnini, FMCSA, North American 
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone (202) 366-3771 or email carla.vagnini@dot.gov. Office 
hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, 
except Federal Holidays.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials. The http://www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Web site. Comments received after the comment closing date will 
be included in the docket, and will be considered to the extent 
practicable.

Submitting Comments

    If you submit a comment, please include the docket number (FMCSA-
2011-0097), indicate the specific question to which each comment 
responds, and provide a reason for each suggestion or recommendation. 
You may submit your comments and material online or by fax, mail, or 
hand delivery, but please use only one of these means. FMCSA recommends 
that you include your name and a mailing address, an email address, or 
a phone number in the body of your document so the Agency can contact 
you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
type ``FMCSA-2011-0097'' in the search box. Locate this document in the 
list and click on ``Comment Now!'' If you submit your comments by mail 
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
type ``FMCSA-2011-0097'' in the search box and locate this document in 
the list. Next, click ``Open Docket Folder'' and click on the title of 
the document you wish to view. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday. Note that all comments 
received, including any personal information provided, will be posted 
without change to http://www.regulations.gov. 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 
Privacy Act System of Records Notice for the DOT Federal Docket 
Management System published in the Federal Register on January 17, 2008 
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

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, 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

[[Page 60011]]

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 Federal Register [76 FR 
40420] its intent to proceed with the initiation of a U.S.-Mexico 
cross-border long-haul trucking pilot program to test and demonstrate 
the ability of Mexico-domiciled motor carriers to operate safely in the 
United States beyond the border commercial zones as detailed in the 
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The 
pilot program is a part of FMCSA's implementation of the North American 
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions 
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed, 
assessed, and evaluated the required safety measures as noted in the 
July 8, 2011, notice and considered all comments received on or before 
May 13, 2011, in response to the April 13, 2011, notice. Additionally, 
to the extent practicable, FMCSA considered comments received after May 
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is 
required to publish in the Federal Register, and provide sufficient 
opportunity for public notice and comment comprehensive data and 
information on the PASAs conducted of motor carriers domiciled in 
Mexico that are granted authority to operate beyond the border 
commercial zones. This notice serves to fulfill this requirement.
    FMCSA is publishing for public comment the data and information 
relating to one PASA that was completed on June 18, 2013. 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. Row Number in the Appendix for the Specific Carrier: The row 
number for each line in the tables.
    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 long-haul pilot program.
    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 motor carrier's power units. If granted provisional 
operating authority, the Mexico-domiciled motor carrier will be 
required to add the suffix ``X'' to the ending of its assigned U.S. DOT 
Number for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA 
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. 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 by the FMCSA 
Service Center New Entrant Specialist designated for the specific FMCSA 
Division Office. This 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's 
Motor Carrier Management Information System (MCMIS). The PASA 
information and results are then recorded in the Mexico-domiciled motor 
carrier's safety performance record in MCMIS.
    H. FMCSA Register: The date 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., [INSERT MX NUMBER]);
    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 http://li-public.fmcsa.dot.gov/, and 
selecting FMCSA Register in the drop down menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers 
approved for long-haul transportation in the United States beyond the 
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power 
units approved for long-haul transportation in the United States beyond 
the border commercial zones.
    K. Passed Verification of 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 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.
    L. If No, Which Element Failed: If FMCSA cannot 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) cannot 
be verified.
    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

[[Page 60012]]

areas called ``factors.'' The regulatory factors are intended to 
evaluate the adequacy of a carrier's management controls.
    M. 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).
    N. 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).
    O. 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).
    P. 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.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the 
carrier has successfully met Factor 5, which includes the hazardous 
material requirements outlined in parts 171 (General Information, 
Regulations, and Definitions), 177 (Carriage by Public Highway), 180 
(Continuing Qualification and Maintenance of Packagings) and 397 
(Transportation of Hazardous Materials; Driving and Parking Rules).
    R. 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.
    S. Number U.S. Vehicles Inspected: The total number of vehicles 
(power units) the motor carrier is approved to operate in the United 
States beyond the border commercial zones that received a vehicle 
inspection during the PASA. During a PASA, FMCSA inspected all power 
units to be used by the motor carrier in the pilot program and applied 
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal, 
if the inspection is passed successfully. This number reflects the 
vehicles that were inspected, irrespective of whether the vehicle 
received a CVSA inspection at the time of the PASA decal as a result of 
a passed inspection.
    T. Number U.S. Vehicles Issued CVSA decal: The total number of 
inspected vehicles (power units) the motor carrier is approved to 
operate in the United States beyond the border commercial zones that 
received a CVSA inspection decal as a result of an inspection during 
the PASA.
    U. 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 that 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 Sec.  383.5 is not 
subject to DOT controlled substance and alcohol testing requirements.
    V. Name of Controlled Substances and Alcohol Collection Facility: 
Shows the name and location of the controlled substances and alcohol 
collection facility that will be used by a Mexico-domiciled motor 
carrier that has completed the PASA.

                                 Table 1
------------------------------------------------------------------------
Row number in Tables 2, 3 and 4 of
  the Appendix to today's notice       Name of carrier       USDOT No.
------------------------------------------------------------------------
1.................................  Transportation and            779973
                                     Cargo Solutions S
                                     de RL de CV.
------------------------------------------------------------------------


                             Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Column D--
                            Column B--Name of      Column C--     FMCSA      Column E--   Column F--    Col. G--     Col. H--    Col. I US    Col. J--US
 Column A--Row Number            Carrier             US DOT      Register       PASA         PASA         PASA        FMCSA       Drivers      Vehicles
                                                     Number       Number     Initiated    Completed     Results      Register
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................  Transportation and Cargo       779973    MX-347064   04/23/2013   06/18/2013         Pass    MX-347064            4            7
                         Solutions S de RL de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 60013]]


                             Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Column K--
                                                               Column D-      Passed      Column L--   Column M--   Column N--   Column O--   Column P--
                           Column B--Name of      Column C--     FMCSA     Verification     If No,       Passed       Passed       Passed       Passed
 Column A--Row Number           Carrier             US DOT      Register       of 5         Which       Phase 1      Phase 1      Phase 1      Phase 1
                                                    Number       Number      Elements      Element      Factor 1     Factor 2     Factor 3     Factor 4
                                                                             (Yes/No)       Failed
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................  Transportation and            779973    MX-347064           YES          N/A          YES          YES          YES          YES
                         Cargo Solutions S de
                         RL de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                 Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (see also Tables 2 and 3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Column V--
                                                                                                                    Column T--                 Name of
                                                   Column C--   Column D--   Column Q--   Column R--   Column S--   Number US    Column U--   Controlled
 Column A--Row Number       Column B--Name of        US DOT       FMCSA        Passed       Passed     Number US     Vehicles    Controlled   Substances
                                 Carrier             Number      Register     Phase I      Phase I      Vehicles   issued CVSA   Substance   and Alcohol
                                                                  Number      Factor 5     Factor 6    inspected      decal      Collection   Collection
                                                                                                                                               Facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................  Transportation and Cargo       779973    MX-347064          YES          YES            7            7           US        Quest
                         Solutions S de RL de CV.                                                                                             Diagnostic
                                                                                                                                             Laboratorie
                                                                                                                                                       s
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that 
participated in the Agency's demonstration project that ended in 2009, 
copies of the previous PASA and compliance review, if conducted, are 
also posted. All documents were redacted so that personal information 
regarding the drivers is not released. Sensitive business information, 
such as the carrier's tax identification number, is also redacted. In 
response to previous comments received regarding the PASA notice 
process, FMCSA also posted copies of the vehicle inspections conducted 
during the PASA in the PASA document.
    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 was 
determined that TRACSO had an affiliation not identified in the 
original application. This was noted during the Agency's vetting and 
documented as an attachment to the PASA. TRACSO officials submitted for 
the record a letter confirming the relationship with a U.S.-domiciled 
motor carrier, XIM Enterprises, LLC. The letter states XIM Enterprises 
LLC received their authority in January 2013, which was after TRACSO 
submitted their OP-1 (MX) application to participate in the Pilot 
Program. The letter further stated that XIM Enterprises LLC has never 
begun operations. It should be noted that TRACSO officials have since 
deactivated the US DOT number and operating authority for XIM 
Enterprises LLC. During its vetting of the application and the PASA, 
FMCSA confirmed that TRACSO did not establish or use the affiliated 
company to evade FMCSA regulations in continuing motor carrier 
operations, or for the purpose of avoiding or hiding previous non-
compliance or safety problems.
    TRACSO was issued a Certificate of Registration to operate wholly 
within the commercial zones and municipalities along the southern 
international border in September 2003 and had a safety audit conducted 
on its operations in the United States on October 16, 2003. The company 
passed the safety audit with no violations noted on the report.
    During the PASA, the Agency found that TRACSO had deficiencies 
noted in its driver qualification file, as the files were missing 
complete employment applications and controlled substance and alcohol 
testing history from previous employers.
    The PASA also found that on at least one occasion the motor carrier 
failed to require its driver to prepare and submit a record of duty 
status when it failed to meet each of the requirements of the 100 air-
mile radius exemption. Finally, on at least one occasion the motor 
carrier failed to ensure that drivers do not drive a vehicle without 
the cargo being properly distributed and adequately secured. However, 
these issues, while noted as violations on the PASA, are not grounds 
for the motor carrier to fail the PASA.
    On July 30, 2013, TRACSO provided a corrective action plan to 
ensure that the company had rectified the deficiencies found in its 
driver qualification records, records of duty status and cargo 
securement during the PASA.
    Following the PASA, FMCSA scheduled a compliance review on TRACSO's 
OP-2 commercial zone operations because TRACSO had Safety Measurement 
System (SMS) alerts in both the Driver Fitness (99.2%) and Vehicle 
Maintenance (98.9%) Behavioral Analysis and Safety Improvement 
Categories (BASICs), as of the most recent 2-year period of data

[[Page 60014]]

ending on July 26, 2013. Of the 1,709 violations in the Driver Fitness 
BASIC, 1,695 involve the English Language Proficiency (ELP) of their 
drivers. The drivers approved for this pilot program completed ELP 
testing during the PASA.
    Regarding the Vehicle Maintenance BASIC, the Agency notes that 
TRACSO will be using all 2013 model year vehicles in the program and 
the vehicles passed the inspections required to obtain a Commercial 
Vehicle Safety Alliance safety decal.
    The compliance review began on April 23, 2013, and identified six 
violations: (1) 49 CFR Sec.  382.401(c)(6)(iii)--Failing to maintain 
semi-annual laboratory statistical summaries of urinalysis required by 
49 CFR Sec.  40.111(a); (2) 49 CFR Sec.  390.15(b)(1)--Failing to keep 
an accident register in the form and manner prescribed; (3) 49 CFR 
391.11(b)(2)/391.11(a)--Using a driver unable to read and/or speak the 
English language; (4) 49 CFR 391.21(a)--Using a driver who has not 
completed and furnished an employment application; (5) 49 CFR 
391.23(e)(1)--Failing to investigate the driver's alcohol and 
controlled substances history for the previous 3 years; and (6) 49 CFR 
395.8(a)--Failing to require driver to make a record of duty status. No 
acute violations were discovered, and the violations of critical 
regulations did not rise to the level of critical violation. Thus the 
carrier received a ``Satisfactory'' safety rating upon the conclusion 
of the compliance review.
    The Agency provided TRACSO with recommendations for correcting the 
violations. To address the high Driver Fitness BASIC, carrier officials 
stated they have scheduled English proficiency training for their 
drivers, and will continue to test and monitor their drivers' English 
language proficiency. Additionally, to address the high Vehicle 
Maintenance BASIC, carrier officials stated they will start a training 
program for their drivers on driver vehicle inspections so they can 
identify problems with vehicles and have them repaired before roadside 
inspections.
    The Agency will monitor the safety of TRACSO through SMS and take 
action, if appropriate. TRACSO is currently a hazardous materials 
carrier (reg.  062212551016U) registered with the Pipeline and 
Hazardous Materials Safety Agency and reports the transportation of 
three types of hazardous materials on its most recent MCS-150 filing in 
May 2013. TRACSO will be subject to the terms and conditions of the 
pilot program and during the PASA process FMCSA confirmed that TRACSO 
will not transport placardable hazardous materials under the upcoming 
OP-1MX authority in the pilot program.
    Based on TRACSO's safety record and corrective action plan, FMCSA 
will proceed in issuing provisional operating authority for 
participation in the pilot program.

Request for Comments

    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 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.
    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.

    Issued on: September 18, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-23760 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-EX-P



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