[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Notices]
[Pages 45198-45199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18823]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA 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.
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SUMMARY: FMCSA renews an exemption from the requirement to hold a
commercial driver's license (CDL) submitted by Volvo Trucks North
America (Volvo) on behalf of an employee. Volvo requested renewal of
the CDL exemption for a Swedish engineer employed by the company to
enable this individual to continue test-driving commercial motor
vehicles (CMVs) in the United States. This individual holds a valid
Swedish CDL. FMCSA believes that the training program and knowledge and
skills testing that drivers must undergo to obtain a Swedish CDL ensure
a level of safety equivalent to, or greater than, the level of safety
that would be obtained by complying with the U.S. requirement for a
CDL.
DATES: Comments must be received on or before September 1, 2010.
Effective date of the exemption is June 18, 2010 to June 18, 2012.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2006-25756 by any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2006-
25756 and click on the tab labeled SEARCH. On the ensuing page, click
on any tab labeled SUBMIT A COMMENT on the extreme right of the page
and a page should open that is titled ``Submit a Comment.'' You may
identify yourself under section 1, ENTER INFORMATION, or you may skip
section 1 and remain anonymous. You enter your comments in section 2,
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments,
click on the tab labeled SUBMIT. Your comment is then submitted to the
docket; and you will receive a tracking number.
Fax: 1-202-493-2251.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building, Ground Floor, Room W12-140,
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 www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time, and in
the ENTER KEYWORD OR ID box enter FMCSA-2006-25756 and click on the tab
labeled SEARCH.
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 19476) 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
[[Page 45199]]
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 acknowledgment page that appears
after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, FMCSA Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Telephone: 202-366-4325. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the CDL requirements of 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.
Volvo Application for Exemption Renewal
Volvo applied for a 2-year renewal of an exemption from 49 CFR
383.23, the CDL requirement for drivers operating CMVs, for Andreas
Hamsten. A copy of the request for renewal, dated May 12, 2010, is in
the docket identified at the beginning of this notice.
FMCSA initially granted an exemption to three Swedish engineers and
technicians employed by Volvo on June 18, 2008 (73 FR 34828). Detailed
information about the qualifications and experience of each of the
three drivers, including Mr. Hamsten, was provided by Volvo in its
original application, a copy of which is in the docket referenced
above. Volvo is seeking a renewal of this exemption because Mr. Hamsten
is a citizen and resident of Sweden, and cannot easily obtain a non-
resident CDL, given the small number of States willing to issue such a
license. Renewal of the exemption will enable Mr. Hamsten 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. It is estimated
that he will drive approximately 2,500 miles per year on U.S. roads.
Mr. Hamsten is an experienced CMV operator holding a valid Swedish-
issued CDL. He has received extensive CMV training, and has satisfied
strict regulations in Sweden in order to obtain a CDL. Volvo explained
in detail in earlier exemption requests the rigorous training program
and knowledge and skills tests that applicants for a Swedish CDL must
undergo. Volvo also argued in prior exemption requests that the Swedish
knowledge and skills tests and training program ensure that Volvo's
drivers operating under the exemption will achieve 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.
Method To Ensure an Equivalent or Greater Level of Safety
FMCSA has previously determined that the process for obtaining a
Swedish CDL is comparable to, or as effective as, the requirements of
Part 383, and adequately assesses the driver's ability to operate CMVs
in the U.S. In the past 2 years, FMCSA has published several notices of
similar Volvo exemption requests; the most recent Agency notice of
final disposition was published on June 14, 2010, granting an exemption
to 2 Volvo drivers for 2 years (75 FR 33662).
Granting of Exemption Renewal
FMCSA has evaluated Volvo's application for renewal of Mr.
Hamsten's exemption and decided to grant it for an additional 2-year
period, i.e., from June 18, 2010, through June 18, 2012. Mr. Hamsten's
exemption is renewed subject to the following terms and conditions: (1)
This exemption is valid only when Mr. Hamsten is acting within the
scope of his employment by Volvo; (2) He and Volvo must adhere to drug
and alcohol regulations, including testing, as provided by in 49 CFR
part 382; (3) He and Volvo must adhere to driver disqualification rules
under 49 CFR parts 383 and 391 that apply to other CMV drivers in the
United States; (4) He is subject to all other provisions of the Federal
Motor Carrier Safety Regulations (FMCSRs) (49 CFR 390-397) unless
specifically exempted herein; (5) He must keep a copy of the exemption
on the vehicle at all times for presentation to a duly authorized
Federal, State, or local enforcement official; (6) Volvo must notify
FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving
this exempted driver; and (7) Volvo must notify FMCSA in writing if
this driver is convicted of a disqualifying offense described in
sections 383.51 or 391.15 of the FMCSRs.
This exemption will be valid for 2 years unless rescinded earlier
by FMCSA. Mr. Hamsten's exemption will be rescinded if: (1) He fails to
comply with the terms and conditions of the exemption; (2) The
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) Continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the renewal of Mr. Hamsten's exemption from
the requirements of 49 CFR 383.23. The Agency requests that interested
parties with specific data concerning Mr. Hamsten's safety record
submit comments by September 1, 2010. FMCSA will review all comments
received by this date and determine whether renewal of the exemption is
consistent with the requirements of 49 U.S.C. 31136(e) and 31315.
FMCSA believes the requirements for renewal of an exemption under
49 U.S.C. 31136(e) and 31315 can be satisfied by granting the renewal
and then requesting and subsequently evaluating comments submitted by
interested parties. As indicated above, on one prior occasion, the
Agency determined that providing an exemption for this Volvo driver
does not compromise the level of safety that would exist if the
exemption were not granted. The prior FMCSA decision was based on
careful consideration of the comments received, and on the merits of
each driver's demonstrated knowledge and skills about the safe
operation of CMVs. Interested parties or organizations possessing
information that would show that Mr. Hamsten is 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. 31136(e) and 31315(b)(4), FMCSA will
take immediate steps to revoke the exemption.
Issued on: July 27, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-18823 Filed 7-30-10; 8:45 am]
BILLING CODE 4910-EX-P