[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4412-4413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1485]
-----------------------------------------------------------------------
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 final decision regarding Volvo Trucks
North America's (Volvo) application for an exemption for Andreas
Hamsten to enable him to continue 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 the exemption and requested comment on the
decision. No comments were received.
DATES: This exemption is effective from June 18, 2010 through June 18,
2012.
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,
including 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 on its merits and
decided to renew Andreas Hamsten's exemption for a two-year period,
effective June 18, 2010, as previously announced in the Federal
Register (75 FR 45198, August 2, 2010).
[[Page 4413]]
Comments
In the August 2 notice, FMCSA requested public comment on the
renewal; the Agency received no comments.
Terms and Conditions for the Exemption
Based upon its evaluation of the application for an exemption,
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 June 18, 2010
through June 18, 2012, for Andreas Hamsten to test-drive CMVs within
the U.S. 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 in 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.
Issued on: January 5, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-1485 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-EX-P