[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27001]
[[Page Unknown]]
[Federal Register: November 1, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Memorandum of Understanding Between the United States and Canada
Relating to the Recognition of Motor Carrier Safety and Compliance
Reviews by the United States and Facility Audits by Canada
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice.
SUMMARY: The Secretary of Transportation for the United States and the
Minister of Transport for Canada signed an agreement at the North
American Free Trade Agreement (NAFTA) Transportation Summit on April
29, 1994, which allows for the reciprocal recognition of safety ratings
resulting from motor carrier compliance reviews conducted by the United
States and facility audits conducted by Canadian Provinces. As each
Province enters into this agreement, notification will be published in
the Federal Register. The terms of the Memorandum of Understanding
(MOU) will not restrict U.S. or Canadian officials from performing
investigations, facility audits, or safety and compliance reviews of a
motor carrier in the other country when such investigation or review is
deemed necessary.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald G. Ashby, Office of Motor
Carrier Field Operations, (202) 366-1795, or Mrs. Allison Smith, Office
of Chief Counsel, (202) 366-1353, Federal Highway Administration, 400
Seventh Street SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Pursuant to the Federal Register Act (44
U.S.C. Chapter 15), the Administrative Procedure Act (5 U.S. C. 551 et
seq.), and the Freedom of Information Act (5 U.S.C. 552) notice is
hereby given that an agreement was signed by the governments of the
United States and Canada as set forth below.
(23 U.S.C. 315; 49 CFR 1.48).
Issued on: October 24, 1994.
Rodney E. Slater,
Federal Highway Administrator.
An Understanding Between the Government of the United States of America
and the Government of Canada Relating to the Recognition of Motor
Carrier Safety and Compliance Reviews by the United States and Facility
Audits By Canada
The Government of the United States of America and the Government
of Canada (hereinafter referred to as the ``Parties'');
Desiring to improve the productivity and foster the economic
vitality of the transborder motor carrier industry;
Seeking to promote adoption and application of compatible
international safety standards for motor carriers;
Recognizing that the Parties will benefit from the elimination of
the duplication of effort in the monitoring of motor carrier compliance
performance;
Noting that the Parties intend that their systems for rating a
motor carrier's safety fitness be compatible; and
Desiring that transborder motor carrier's safety fitness be rated
in the most efficient and accurate manner possible;
Have established the following working arrangements:
Article 1--Definitions
For the purpose of this Understanding:
(A) ``Central Authorities'' for the United States means the
Department of Transportation and for Canada means Transport Canada;
(B) ``Compliance Review'' for the United States means an on-site
investigation by the Federal Highway Administration of a motor
carrier's safety operations to determine whether a motor carrier meets
safety fitness standards. The compliance review may result in the
initiation of enforcement activity;
(C) ``Facility Audit'' for Canada means an on-site assessment by
the responsible authority of a Province or Territory of a motor
carrier's compliance with all applicable highway safety regulations
covered by the National Safety Code for motor carriers. The facility
audit may result in the initiation of enforcement activity;
(D) ``Home Jurisdiction'' means the State, Province or Territory of
a Party which a motor carrier maintains or designates as its principal
place of business;
(E) ``Implementing Agency'' for the United States means the Federal
Highway Administration and for Canada means the Provincial or
Territorial authority that has responsibility over safety regulations
for transborder motor carrier operations and where a transborder motor
carrier operates motor vehicles;
(F) ``Motor Carrier'' means a person, or legal entity, who is
responsible for the vehicle, goods or passengers, and the behavior of
the driver;
(G) ``Motor Carrier Safety Rating'' means a measure of a motor
carrier's safety management controls in effect and an evaluation of
motor carrier's performance with respect to safety standards by an
Implementing Agency as determined by:
(1) The results of a facility audit or motor carrier safety or
compliance review conducted at the motor carrier's place of business
covering the safety standards of Central Authority and an Implementing
Agency; and
(2) The motor carrier's performance as evidenced by a driver and
vehicle roadside inspection or examination or other pertinent safety
data;
(H) ``Safety Review'' for the United States means an on-site
assessment by the Federal Highway Administration to determine if a
motor carrier has adequate safety management controls in place and
functioning to meet safety standards. It includes a review of the
records and operations of selected motor carriers, and is used to
assign motor carrier safety ratings to unrated carriers or to change an
existing rating of a motor carrier; and
(I) ``Safety Standards'' means the motor carrier safety standards
and regulations in effect of each Central Authority and Implementing
Agency that apply to drivers, vehicles, motor carriers and the carriers
of hazardous materials and/or dangerous goods. Safety standards include
the management controls necessary to ensure compliance and performance
with all applicable safety standards.
Article 2--Facilitation and Implementation
The Central Authorities responsible for the facilitation of this
Understanding will be the Department of Transportation for the United
States and Transport Canada for Canada. The Implementing Agencies
responsible for the implementation of this Understanding will be the
Federal Highway Administration for the United States and the relevant
Canadian Provincial or Territorial authorities.
Article 3--Obligations of Each Party
Each Implementing Agency is responsible for monitoring a motor
carrier's compliance and performance in the motor carrier's home
jurisdiction. Each Implementing Agency is responsible for enforcing its
motor carrier safety standards applicable to transborder motor
carriers.
Article 4--Mutual Recognition
(A) Each Implementing Agency will endeavor to establish a mutually
compatible motor carrier facility audit or safety and compliance review
program;
(B) When an Implementing Agency of one Party, after consultation
and review with the Implementing Agency of the other Party, determines
that the motor carrier facility audit or safety and compliance review
program of the Implementing Agency of the other Party is compatible, it
will notify the relevant Implementing Agency;
(C) Where the Implementing Agency of one Party has established a
mutually compatible motor carrier facility audit or safety and
compliance review program, the Implementing Agency of the other Party
will recognize and accept its motor carrier safety rating;
(D) In the event that a mutually compatible motor carrier facility
audit or safety and compliance review program has not been established,
an Implementing Agency of one Party is not required to recognize or
accept the motor carrier safety rating of the Implementing Agency of
the other Party;
(E) Nothing in this Understanding will restrict or preclude
representatives of the Central Authorities or Implementing Agencies of
either Party from performing investigations, facility audits, or safety
and compliance reviews of a motor carrier in the territory of the other
Party when deemed necessary; and
(F) This Understanding is intended to establish working
arrangements among the Central Authorities and Implementing Agencies of
both Parties and is not intended to create new international legal
obligations between the Parties.
Article 5--Exchange of Information
The Implementing Agency or Agencies of each Party will provide for
the cost free exchange of motor carrier enforcement and safety rating
data to the other Implementing Agency or Agencies of the other Party.
Article 6--Application of Laws
A motor carrier of one Party must comply with all applicable laws
and regulations while entering, within or leaving the territory of the
other Party.
Article 7--Consultations
The Parties may consult at any time on issues relating to the
implementation of the Understanding. Such consultations will take place
at the earliest possible date, but no later than thirty (30) days after
a Party makes a written request, unless otherwise agreed.
Article 8--Termination
Either Party may, at any time, give notice in writing to the other
Party of its decision to suspend or terminate this Understanding. Such
suspension or termination will take effect ninety (90) days after such
notice.
Article 9--Amendments
This Understanding may be amended at any time by agreement of the
Parties. Any amendment will be effected by an exchange of diplomatic
notes.
In witness whereof, the undersigned, being duly authorized by their
respective Parties, have signed this Understanding.
Done at Washington this twenty-ninth day of April, 1994, in two
originals, each in the English and French languages, the texts in each
of the languages being equally authentic.
Federico Pena,
Secretary of Transportation.
For the Government of the United States of America
Douglas Young,
Minister of Transport.
For the Government of Canada
[FR Doc. 94-27001 Filed 10-31-94; 8:45 am]
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