[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Pages 47880-47881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19589]
-----------------------------------------------------------------------
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 final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to continue in effect Volvo
Trucks North America's (Volvo) exemption for five of its drivers to
enable them to test-drive commercial motor vehicles (CMVs) in the
United States without a commercial driver's license (CDL) issued by one
of the States. FMCSA previously announced its decision to renew Volvo's
exemption, pending a review of public comments. No comments were
received.
DATES: This exemption is effective from February 4, 2010, through
February 4, 2012.
[[Page 47881]]
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, 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. 31315 and 31136(e), 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. FMCSA
evaluated Volvo's application and decided to grant the renewal of the
exemption for five of Volvo's engineers and technicians for a 2-year
period, effective February 4, 2010, as previously announced in the
Federal Register (75 FR 33663, June 14, 2010).
Comments
In the Federal Register notice of June 14, 2010, FMCSA requested
public comment on the renewal; the Agency received none in the 30-day
comment period (FMCSA Docket No. FMCSA-2006-25756).
Terms and Conditions for the Exemption
Based upon its evaluation of the application, FMCSA granted Volvo a
renewal of the exemption from the Federal CDL requirement in 49 CFR
383.23 for a period of 2 years from February 4, 2010, through February
4, 2012, for 5 drivers (Jonas Gustafsson, Christer Milding, Jonas
Nilsson, Bjorn Nyman, and Sten-Ake Sandberg) who test-drive CMVs within
the United States. The exemption is subject to the following terms and
conditions: (1) This exemption is valid only when these drivers are
acting within the scope of their employment by Volvo, (2) The drivers
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, (3) The drivers 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) The drivers and Volvo must
adhere to drug and alcohol regulations, including testing, as provided
by in 49 CFR part 382, (5) The drivers are subject to all other
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49
CFR 390-397) unless specifically exempted herein, (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 revoked if: (1) The drivers for Volvo fail
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. 31315 and
31136.
Issued on: August 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-19589 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-EX-P