[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60010-60014]
[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<PHONE_NUMBER>.
    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<PHONE_NUMBER> or email<EMAIL_ADDRESS>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

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

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
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Row number in Tables 2, 3 and 4 of
  the Appendix to today's notice       Name of carrier       USDOT No.
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1.................................  Transportation and            779973
                                     Cargo Solutions S
                                     de RL de CV.
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                             Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
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                                                                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
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1.....................  Transportation and Cargo       779973    MX-347064   04/23/2013   06/18/2013         Pass    MX-347064            4            7
                         Solutions S de RL de CV.
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                             Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
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                                                                            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
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1.....................  Transportation and            779973    MX-347064           YES          N/A          YES          YES          YES          YES
                         Cargo Solutions S de
                         RL de CV.
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                 Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (see also Tables 2 and 3)
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                                                                                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
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1.....................  Transportation and Cargo       779973    MX-347064          YES          YES            7            7           US        Quest
                         Solutions S de RL de CV.                                                                                Diagnostic
                                                                                Laboratorie
                                                                                s
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    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

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.<PHONE_NUMBER>16U) 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


Argillon LLC 1345 Ridgeland Parkway Suite 116, Alpharetta, GA 30004 Tel ( 678) 256 5680 Fax ( 678) 256 1550 List of Toxic Agents for SINOx

Systems and Catalysts To keep our guarantee the following values ( maximum concentrations of catalyst poisons in the exhaust gas) must be strictly adhered to:

Alkali metals mg/ m3 wet. max. 5 Alkaline earth metals mg/ m3 wet. max. 1 Hydrochloric acid, chlorides mg/ m3 wet. max. 100 Hydrofluoric acid, fluorides mg/ m3 wet max. 1 P2O5, organic phosphorus Compound, As, As compounds, Si organics, Si halides mg/ m3 wet max. 0.005 Pb + Zn mg/ m3 wet max. 0.1 Hg + Cd mg/ m3 wet max. 0.1 Rev.

2 Date 2001 05 31 Provided by/ Department.

Dr. Joisten / CE C P Released by/ Department Dr. Pajonk / CE C D


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20256-20257]
[FR Doc No: 2019-09467]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0081; Airspace Docket No. 19-AGL-8]
RIN 2120-AA66

Amendment of Class E Airspace; Manitowoc and Sheboygan, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace extending upward
from 700 feet above the surface at Manitowoc County Airport, Manitowoc,
WI, and Sheboygan County Memorial Airport, Sheboygan, WI. This action
is due to an airspace review caused by the decommissioning of the
Manitowoc VHF omnidirectional range (VOR), which provided navigation
information to the instrument procedures at these airports, as part of
the VOR Minimum Operational Network (MON) Program. The geographic
coordinates of Sheboygan County Memorial Airport are also being updated
to coincide with the FAA's aeronautic database. Airspace redesign is
necessary for the safety and management of instrument flight rules
(IFR) operations at these airports.

DATES: Effective 0901 UTC, August 15, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Manitowoc County Airport, Manitowoc, WI, and Sheboygan
County Memorial Airport, Sheboygan, WI, to support IFR operations at
these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 6711; February 28, 2019) for Docket No. FAA-2019-0081
to amend the Class E airspace extending upward from 700 feet above the
surface at Manitowoc County Airport, Manitowoc, WI, and Sheboygan
County Memorial Airport, Sheboygan, WI. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received.
    Subsequent to publication, the FAA discovered a typographic error
in the bearing in the Manitowoc, WI, airspace legal description. That
error is corrected in this action.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by:
    Modifying the Class E airspace extending upward from 700 feet above
the surface at Manitowoc County Airport, Manitowoc, WI, by adding an
extension 9.7 mile west and 5.8 miles east of the 350[deg] (corrected
from 352) bearing from the Manitowoc County: RWY 17-LOC extending from
the Manitowoc County: RWY 17-LOC to 11 miles north of the Manitowoc
County: RWY 17-LOC; and
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.7-mile radius (reduced from a 7-mile radius)
at the Sheboygan County Memorial Airport, Sheboygan, WI; and updating
the geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is due to an airspace review caused by the
decommissioning of the Manitowoc VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Manitowoc, WI [Amended]

Manitowoc County Airport, WI
    (Lat. 44[deg]07'44'' N, long. 87[deg]40'50'' W)
Manitowoc County: RWY 17-LOC
    (Lat. 44[deg]07'04'' N, long. 87[deg]40'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Manitowoc County Airport, and within
9.7 mile west and 5.8 miles east of the 350[deg] bearing from the
Manitowoc County: RWY 17-LOC extending from the Manitowoc County:
RWY 17-LOC to 11 miles north of the Manitowoc County: RWY 17-LOC.
* * * * *

AGL WI E5 Sheboygan, WI [Amended]

Sheboygan County Memorial Airport, WI
    (Lat. 43[deg]46'11'' N, long. 87[deg]51'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Sheboygan County Memorial Airport.

    Issued in Fort Worth, Texas, on May 1, 2019.
John A. Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-09467 Filed 5-8-19; 8:45 am]
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