[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Notices]
[Page 6552-6553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe08-86]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-25756]
Commercial Driver's License (CDL) Standards; Volvo Trucks North
America, Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA renews Volvo Trucks North America's (Volvo) exemption
from the Agency's requirement for certain drivers of commercial motor
vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo
requested that its exemption for eight Swedish engineers and
technicians be renewed to enable these individuals to continue test
driving CMVs in the United States for Volvo. All of the individuals
hold a valid Swedish CDL. FMCSA believes the knowledge and skills
testing and training program that drivers must undergo for a Swedish
CDL ensures a level of safety that is equivalent to, or greater than,
the level of safety that would be obtained by complying with the U.S.
requirement for a CDL.
DATES: This decision is effective February 4, 2008. Comments must be
received on or before March 5, 2008.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2006-25756 by any of the following
methods:
Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
[[Page 6553]]
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
the ground floor, Room W12-140, DOT Building, New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday,
except Federal holidays.
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
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov
.
Public participation: 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 http://www.regulations.gov web site and also at the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption
from the commercial driver's license (CDL) requirements in 49 CFR
383.23 for a maximum 2-year period if it finds ``such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption.'' The
procedures for requesting an exemption (including renewals) are
prescribed in 49 CFR part 381. FMCSA evaluated Volvo's application for
a renewal on its merits and decided to grant renewal of the exemption
for eight of Volvo's engineers and technicians for a 2-year period.
Volvo Application for an Exemption Renewal
Volvo Trucks North America (Volvo) applied for the renewal of an
exemption from the commercial driver's licensing rules, specifically 49
CFR 383.23, which establishes licensing requirements for drivers
operating commercial motor vehicles (CMVs) in interstate commerce. The
exemption was originally granted on May 12, 2006 (71 FR 27780). Volvo
is seeking a renewal of this exemption because the drivers it employs
are citizens and residents of Sweden, and as such they cannot apply for
a CDL from a State in the United States. A copy of the request for a
renewal is in the docket identified at the beginning of this notice.
The renewal of the exemption will enable the following drivers to
operate CMVs in the U.S. and continue to support Volvo's field tests to
meet future clean air standards, to test drive prototype vehicles at
their test site, and to deliver the vehicles, if necessary. These are
eight of the eleven drivers included in the original exemption:
Christer Milding, Jonas Gustafsson, Sten-Ake Sandberg, Daniel
Kanebratt, Urban Walter, Fredrik Wattwil, Jonas Nilsson, and Bjorn
Nyman.
These drivers are a team of designers, currently employed by Volvo
in Sweden, who want to continue driving CMVs in the U.S. to test and
evaluate prototype and production CMVs in order to design safe and
well-tested vehicles for use on U.S. highways. They are experienced CMV
operators with valid Swedish-issued CDLs. It is estimated that each
driver would continue to drive approximately 2,500 miles per year on
U.S. roads. Because each of the drivers was required to satisfy strict
regulations in Sweden to obtain a CDL, and has extensive CMV training
and experience, Volvo believes that the renewal of the exemption will
continue to achieve a level of safety equivalent to the level of safety
that would be obtained absent the exemption.
Method To Ensure an Equivalent or Greater Level of Safety
Drivers applying to obtain a Swedish CDL must take both a knowledge
test and skills test before a license to operate CMVs is issued. This
process is considered comparable to, or as effective as, the
requirements of 49 CFR part 383 and adequately assesses the driver's
ability to operate CMVs in the U.S.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on the renewal of Volvo's exemption from the
requirements of 49 CFR 383.23. The Agency requests that interested
parties with specific data concerning the safety records of the drivers
listed in this notice submit comments by March 5, 2008. FMCSA will
review all comments received by this date and determine whether the
renewal of the exemption is consistent with the requirements of 49
U.S.C. 31315 and 31136(e). Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable, but FMCSA may make its final decision at any time
after the close of the comment period.
FMCSA believes the requirements for a renewal of an exemption under
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the
renewal and then requesting and subsequently evaluating comments
submitted by interested parties. As indicated above, the Agency
previously published a notice of final disposition announcing its
decision to exempt these eight Volvo drivers from the CDL requirement
in 49 CFR 383.23. The decision to renew the exemption for these drivers
was based on the merits of each driver's demonstrated knowledge and
skills about the safe operation of CMVs, and only after careful
consideration of the comments submitted in response to the February 9,
2006 original notice. The notice of application for exemption indicated
that detailed information about the qualifications and experience of
each of the drivers was provided in Volvo's application and that a copy
of the application is in the docket referenced at the beginning of this
notice.
Interested parties or organizations possessing information that
would otherwise show that any or all of these drivers are not currently
achieving the requisite statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse information
submitted and, if safety is being compromised or if the continuation of
the exemption is not consistent with 49 U.S.C. 31315(b)(4) and
31136(e), FMCSA will take immediate steps to revoke the exemption of
the driver(s) in question.
Issued on: January 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-1931 Filed 2-1-08; 8:45 am]
BILLING CODE 4910-EX-P