[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Notices]
[Pages 33662-33663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14270]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-25756]
Commercial Driver's License (CDL) Standards; Volvo Trucks North
America, Inc.'s Exemption Application
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Volvo Trucks North
America, Inc.'s (Volvo) application for an exemption for two Volvo
drivers to drive commercial motor vehicles (CMVs) in the United States
without possessing the requisite CDL issued by one of the States.
Magnus Ericsson and Conny Harlin are part of a team of Volvo engineers
and technicians test-driving Volvo prototype CMVs in U.S. environments.
Each of these drivers holds a valid Swedish CDL but lacks the U.S.
residency necessary to obtain a CDL issued by one of the States of the
U.S. FMCSA believes the rigorous training and testing that drivers must
undergo to obtain a Swedish CDL, and the excellent safety record of
both of these drivers, ensure that these drivers will likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the exemption.
DATES: This exemption is effective April 16, 2010 and expires on April
16, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Driver and Carrier
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSD, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Telephone: 202-366-4325. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from certain Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR
part 350 et seq.) for up to 2 years. The Agency must find that the
exemption will allow the applicant to implement more effective or
efficient operations and ``would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent such exemption'' (49 CFR 381.305(a)). Exemptions are renewable.
The FMCSA has granted comparable exemptions for Volvo drivers in
the past. The most recent Agency notice of final disposition was
published on May 5, 2009, granting exemption for the same purpose to
seven Volvo drivers with Swedish CDLs (74 FR 20778).
Volvo Application for Exemption
Volvo applied for exemption for drivers Magnus Ericsson and Conny
Harlin from 49 CFR 383.23 of the CDL rules, requiring drivers operating
CMVs to have a CDL issued by one of the States. A copy of the request
for exemption is in the docket identified at the beginning of this
notice. This exemption is necessary for these drivers to be qualified
to drive CMVs in the United States. The Volvo CMVs in question are
assembled, sold or primarily used in the United States, and must be
subjected to various field tests in this country before being placed on
the U.S. market. The tests are conducted by Volvo engineers and
technicians at Volvo's U.S. test site and on public roads in the
vicinity of Phoenix, Arizona. The vehicle safety and performance data
drawn from the test-driving is a critical component of the overall
evaluation of a prototype.
Section 383.21 requires drivers of CMVs in the United States to
have a CDL issued by a State. Ericsson and Harlin are citizens and
residents of Sweden. Only residents of a State can apply for a CDL,\1\
so Ericsson and Harlin cannot apply for a CDL in this country. Without
the exemption, Ericsson and Harlin would not be able to test-drive
Volvo prototype CMVs on U.S. roads.
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\1\ Although 49 CFR 383.23 indicates that these drivers could
obtain a Nonresident CDL, few States--if any--are currently issuing
Nonresident CDLs.
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Ericsson and Harlin hold Swedish CDLs and are experienced operators
of CMVs. In addition, Volvo submitted documentation showing that the
Swedish driving records of both Ericsson and Harlin are free of
violations.
Method To Ensure an Equivalent or Greater Level of Safety
According to Volvo, drivers applying for a Swedish-issued CDL must
undergo a training program and must pass knowledge and skills tests.
Volvo believes that the rigor of this process ensures that this
exemption will likely 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. FMCSA has previously determined that the
process for obtaining a CDL in Sweden adequately assesses the driver's
ability to operate CMVs in the U.S., and is comparable to, or as
effective as, the process for obtaining a CDL issued by a State.
Comments
No comments were received in response to an FMCSA notice of this
application and request for comments, published on January 19, 2010 (75
FR 2921).
FMCSA Decision
Based upon the merits of this application, including the extensive
driving experience and unblemished safety records of Magnus Ericsson
and Conny Harlin, and the rigorous training and testing each
successfully completed to obtain a Swedish CDL, FMCSA concluded that
the exemption would likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent such
exemption, in accordance with 381.305(a). On April 16, 2010, FMCSA
granted an exemption from 49 CFR
[[Page 33663]]
383.23 to Volvo drivers Magnus Ericsson and Conny Harlin for the period
from April 16, 2010 through April 16, 2012.
Terms and Conditions for the Exemption
FMCSA granted Volvo an exemption from the Federal CDL requirement
in 49 CFR 383.23 to allow Ericsson and Harlin to drive CMVs in the
U.S., subject to the following terms and conditions:
(1) That the drivers are subject to drug and alcohol regulations,
including testing, as provided in 49 CFR part 382, (2) that the drivers
are subject to the same driver disqualification rules under 49 CFR
parts 383 and 391 that apply to other CMV drivers in the U.S., (3) that
the drivers keep a copy of the exemption on the vehicle at all times,
(4) that Volvo notify FMCSA in writing of any accident, as defined in
49 CFR 390.5, involving one or both of these drivers, and (5) that
Volvo notify FMCSA in writing if either driver is convicted of a
disqualifying offense under section 383.51 or section 391.15 of the
FMCSRs.
In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) An exempted driver fails to comply with the
terms and conditions of the exemption; (2) the exemption results in a
lower level of safety than was maintained before it was granted; or (3)
continuation of the exemption would be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.
Issued on: May 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14270 Filed 6-11-10; 8:45 am]
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