Letter to Scott Darling, Acting Administrator of the Federal Motor Carrier and Safety Administration - Conduct of Port Inspections in Arizona

Letter

April 16, 2015

T.F. Scott Darling, III

Acting Administrator

Federal Motor Carrier and Safety Administration

1200 New Jersey Ave SE

Washington, DC 20590

Dear Commissioner Darling,

We write regarding inspections at Arizona's ports of entry along the U.S.-Mexico border and the Federal Motor Carrier and Safety Administration's (FMCSA) delayed response to requests by the Arizona Department of Transportation (ADOT) to implement changes to improve the conduct of these inspections.

As you are aware, cross-border trade is essential to Arizona's economy. In recent years, Mexico has been the third-largest trade partner of the United States and the second-largest export market. According to the Arizona-Mexico Commission, Arizona's ports of entry serve as gateways for $41.6 billion in U.S.-Mexican trade annually, of which nearly $16 billion is attributed to Arizona's bilateral trade with Mexico.

We certainly agree with the critical need to ensure that the safety of our roadways is maintained. However, it is our understanding that both Mexican and U.S. carriers have deemed Arizona ports of entry to be more difficult to cross than those of other border states because of the frequency of inspections and out-of-service orders issued by FMCSA. According to ADOT in a recent letter to you, "this issue is especially serious at the port of San Luis, located only 40 minutes away from the crossing of Calexico, California, where commercial traffic reportedly diverts based on shorter crossing time and the perception of fairer and less onerous inspections and penalties."

To foster a solution to this issue, and as a result of federal and state personnel and infrastructure improvements, the State of Arizona has petitioned the FMCSA to be able to conduct all level 1 inspections at Arizona's ports of entry with Mexico and bring Arizona more in line with how they are currently conducted across the other U.S.-Mexico border states. We write to echo that request and to seek its prompt consideration, in accordance with existing agency rules, regulations, and ethical guidelines. In addition, we would appreciate an update as to the status of the state's request, as well as an expected timeline for FMCSA's response to that request.

We appreciate the steps that the FMCSA has taken to date regarding this persistent issue and look forward to working with you toward an expedient solution that maintains Arizona's access to vibrant cross-border trade while maintaining the safety of our roads. Thank you for your attention to this matter.

Sincerely,

JEFF FLAKE

U.S. Senator

JOHN MCCAIN

U.S. Senator

TRENT FRANKS

Member of Congress

MATT SALMON

Member of Congress

PAUL GOSAR

Member of Congress

DAVID SCHWEIKERT

Member of Congress

ANN KIRKPATRICK

Member of Congress

KYRSTEN SINEMA

Member of Congress

RUBEN GALLEGO

Member of Congress

MARTHA MCSALLY

Member of Congress

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