[Federal Register: August 8, 2006 (Volume 71, Number 152)]
[Notices]
[Page 45095-45096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au06-104]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-24932]
Commercial Driver's License Standards; Application for Exemption;
Volvo Trucks North America, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Volvo Trucks North America, Inc. (Volvo)
has applied for an exemption from the Federal requirement for drivers
of commercial motor vehicles (CMVs) to hold a commercial driver's
license (CDL). Volvo requests that the exemption cover seven Swedish
engineers and technicians who will test-drive CMVs for Volvo within the
United States. All seven Volvo employees hold a valid Swedish CDL.
Volvo states the exemption is needed to support a Volvo field test to
meet future air quality
[[Page 45096]]
standards, and to test-drive Volvo prototype vehicles to verify results
in ``real world'' environments. Volvo believes the knowledge and skills
tests and training program that Swedish drivers undergo to obtain a
Swedish CDL ensures the exemption would provide a level of safety that
is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirements for a CDL.
DATES: Comments must be received on or before September 7, 2006.
ADDRESSES: Your comments may be submitted by any of the following
methods:
Docket Management System (DMS) Web site at http://dmses.dot.gov/submit
, under the last 5 digits of the Docket No. FMCSA-
2006-24932, and following the online instructions for submitting
comments;
Fax: 1-202-493-2251;
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001;
Hand Delivery: Room PL-401 on the Plaza Level, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays;
Federal eRulemaking Portal at http://www.regulations.gov
following the online instructions for submitting comments; or
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or Room PL-401 on the Plaza Level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
DMS is available 24 hours each day, 365 days per year. If you want to
be notified that we received your comments by mail or hand delivery,
please include a self-addressed, stamped envelope or postcard, or you
can print an acknowledgement page if submitting comments online.
Privacy Act: Anyone may view or download comments submitted in any
of DOT's dockets by the name of the commenter or name of the person
signing the comment (if submitted on behalf of an association,
business, labor union, or other entity). You may view DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000, at 65 FR 19477. It is also available at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, DOT,
400 Seventh Street, SW., Washington, DC 20590; Telephone: 202-366-4009;
e-mail: MCPSD@fmcsa.dot.gov. Office hours are from 7:45 a.m. to 4:15
p.m. e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21), Pub. L. 105-178, 112 Stat. 107 (June 9, 1998), which amended
49 U.S.C. 31315 and 31136(e), authorizes the Agency to grant exemptions
from the Federal Motor Carrier Safety Regulations (FMCSRs). In
accordance with the implementing regulations under 49 CFR 381.315(a),
FMCSA must publish a notice of each exemption request in the Federal
Register. We must provide the public an opportunity to inspect the
information relevant to the application, including any safety analyses
that have been conducted. We must also provide an opportunity for
public comment on the request.
We will review the safety analyses and the public comments and
determine whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). We must publish
the Agency's decision in the Federal Register (49 CFR 381.315(b)). If
the Agency denies the request, we must state the reason for doing so.
If the Agency grants the exemption, we must publish a notice to specify
the person or class of persons receiving the exemption; the regulatory
provision or provisions from which exemption is being granted; the
effective period of the exemption (up to 2 years); and the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
On February 9, 2006, FMCSA published in the Federal Register notice
of a similar request from Volvo Trucks North America, Inc. (Volvo) for
an exemption for different drivers than those listed on this request
(71 FR 6822). On May 12, 2006, FMCSA published in the Federal Register
(71 FR 27780) a notice granting that exemption. This, however, is a
notice of application by Volvo for exemption of additional drivers and,
we are requesting comment on this notice.
Volvo Trucks North America, Inc.'s Application for an Exemption
Volvo has applied for an exemption from the commercial driver's
license (CDL) rules, specifically 49 CFR 383.23, which prescribes
licensing requirements for drivers operating commercial motor vehicles
(CMVs) in interstate or intrastate commerce. Volvo requests the
exemption because its driver-employees are citizens and residents of
Sweden, and because they cannot apply for a CDL in any of the United
States. A copy of the application is in Docket No. FMCSA-2006-24932.
The exemption would allow seven drivers to operate CMVs in
interstate commerce as part of a team of drivers who will support a
Volvo field test to meet future air quality standards, and to test-
drive Volvo prototype vehicles at its test site and in the vicinity of
Phoenix, Arizona, to verify vehicle results in ``real world''
environments. The drivers are: Freddy Blixt, Goran Alsen, Kjell
Jansson, Johnny Adolfsson, Lars Svensson, Peter Hofsten, and Thorbjorn
Ohlund.
Each driver holds a valid Swedish CDL, and according to Volvo,
drivers applying for a Swedish-issued CDL must undergo a training
program and pass knowledge and skills tests. Volvo believes the
knowledge and skills tests and training program that Swedish drivers
undergo to obtain a Swedish CDL ensure the exemption would provide a
level of safety that is equivalent to, or greater than, the level of
safety obtained by complying with the U.S. requirement for a CDL.
After a Swedish driver is granted a Swedish CDL, he or she is
allowed to drive any CMV currently allowed on Swedish roads. There are
no limits to types or weights of vehicles that may be operated by the
drivers.
FMCSA has previously determined the process for obtaining a
Swedish-issued CDL is comparable to, or as effective as the Federal
requirements under Part 383, and adequately assesses a driver's ability
to operate CMVs in the United States.
Request for Comments
FMCSA requests public comment from all interested persons on
Volvo's application for an exemption from the CDL requirements of 49
CFR 383.23. See 49 U.S.C. 31315(b)(4) and 31136(e). The Agency will
consider all comments received by close of business September 7, 2006.
Comments will be available for examination in the docket. We will
consider comments received after the comment closing date to the extent
practicable.
Issued on: August 2, 2006.
David H. Hugel,
Acting Administrator.
[FR Doc. E6-12849 Filed 8-7-06; 8:45 am]
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