[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Notices]
[Page 16870-16871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap07-156]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2003-25290]
Commercial Driver's License (CDL) Standards; Isuzu Motors
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 approve Isuzu Motors America,
Inc.'s (Isuzu) application for an exemption for 76 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. The Isuzu CMVs are prototypes that require testing under
U.S. climatic conditions prior to being placed on the U.S. market. Each
of these drivers holds a CDL issued in Japan, but lacks the U.S.
residency necessary to obtain a CDL issued by one of the States of the
United States. FMCSA believes the knowledge and skills testing and
training program that drivers must undergo to obtain a Japanese CDL
ensures that these drivers will achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
DATES: This decision is effective April 5, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the CDL requirements in 49 CFR 383.23 for a two-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'' (49 CFR 381.305 (a)). FMCSA has evaluated Isuzu's
application on its merits and decided to grant the exemption for 76 of
Isuzu's engineers and technicians for a two-year period.
Isuzu Application for an Exemption
Isuzu applied for an exemption from the requirement that the
operator of a CMV obtain a CDL, specifically 49 CFR 383.23. This
section of the Federal Motor Carrier Safety Regulations (FMCSRs) sets
forth the standards that States must employ in issuing CDLs to drivers
operating in commerce. In the United States, an individual must be a
resident of a State in order to qualify for a CDL; \1\ the Isuzu
drivers for whom this exemption is sought are all residents of Japan. A
copy of the request for exemption from section 383.23 is in the docket
identified at the beginning of this notice.
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\1\ Although 49 CFR 393.23 indicates that these drivers could
obtain a Nonresident CDL, few States are currently issuing
Nonresident CDLs due to security concerns.
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Japanese Drivers
This exemption enables the following drivers to test-drive CMVs in
the U.S.: Aihara Hirokazu, Akira Iiduka, Akira Yoshino, Atsushi
Hirotsu, Atsushi Yamazaki, Chito Agatsuma, Fuki Yokoyama, Fumiaki Kubo,
Fumiaki Takei, Fuyuki Hamanaka, Go Shinozuka, Hideki Shibata, Hiroaki
Kurata, Hiroaki Takahashi, Hiromasa Narita, Hiroshi Osada, Hiroyoshi
Morohoshi, Hisashi Hashiguchi, Ichirou Watanabe, Jirou Arai, Junichi
Yamada, Jyunichi Suda, Kakuya Sekimoto, Kazuhiro Itou, Kazuhiro
Teraguchi, Kazuyoshi Tateishi, Ken Ueda, Kenji Takashima, Kiyoaki
Nokura, Kiyoshi Toshima, Kohki Natsumi, Manabu Andou, Masaaki Toriyama,
Masahiko Gotou, Masahito Katou, Masayuki Tanaka, Minoru Endou, Misturu
Denpouy, Mitsugu Sugiura, Motoyuki Kamo, Naoki Morimoto, Naomi Uchida,
Naoyuki Itou, Noboru Azuma, Nobuhisa Okuda, Nobuyuki Iwao, Ryo Sato,
Ryouji Matsuzawa, Satoshi Yatomi, Shigeo Shimada, Shinya Ishida, Syouji
Takahashi, Tadao Shibuya, Tadashi Shoda, Takahiro Maemoto, Takashi
Oguma, Takatomo Omukai, Takauki Asaoka, Takayuki Kaneda, Takeshi Kamei,
Tatsumi Wakamori, Tatsuya Kawase, Tatsuya Sakata, Tetsuji Oshima,
Tetuya Hiromatsu, Toshiaki Shimizu, Toshihiko Sudo, Tsuchida Minoru,
Tsugio Fujita, Yasuhiro Sakai, Yasuo Tamamoto, Yasuyuki Fujita,
Yoshiaki Miyamoto, Yoshinori Kunieda, Yoshinori Ugai and Youcihi
Kurita.
Collectively, these drivers form a team of engineers and
technicians. Isuzu currently employs these drivers in Japan, and wants
them to be able to operate CMVs in the U.S. for the purpose of testing
and evaluating production and prototype Isuzu CMVs
[[Page 16871]]
to be sold for use on U.S. highways. The drivers are experienced CMV
operators with valid Japanese-issued CDLs. Because each of the drivers
was required to satisfy strict CDL testing standards in Japan to obtain
a CDL, and has extensive training and experience operating CMVs, Isuzu
believes that the exemption will maintain 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 in Japan must hold a conventional driver's license for at
least three years before applying to obtain a Japanese-issued CDL. At
that point, they must take and pass both a knowledge test and a skills
test in order to obtain a license to operate CMVs. These tests
thoroughly assess the driver's ability to operate a CMV, and are
comparable to the tests administered to CDL applicants in the United
States. Once a driver is granted a Japanese CDL, he or she is allowed
to drive any CMV currently allowed on Japanese roads. There are no
limits to types or weights of vehicles that may be operated by the
drivers.
Therefore, the process for obtaining a Japanese-issued CDL is
considered to be comparable to, or as effective as, the requirements of
49 CFR part 383.
Comments
The Agency received one comment in response to its request for
public comments (71 FR 42170, July 25, 2006). The commenter recommended
that Isuzu use U.S. drivers for this testing. The commenter did not
provide a substantive basis for this opinion. The docket number of this
matter is referenced at the beginning of this notice.
FMCSA Decision
The FMCSA decision to grant these drivers an exemption from section
383.23 is based on the merits of the application for exemption, the
rigorous knowledge and skills testing of Japanese drivers concerning
the safe operation of CMVs, and consideration of the comment submitted
in response to the public notice.
Terms and Conditions for the Exemption
After considering the comment to the docket and based upon
evaluation of the application for an exemption, FMCSA grants Isuzu an
exemption from the Federal commercial driver's license requirement in
49 CFR 383.23 for 76 drivers, identified under the ``Japanese Drivers''
heading above, to test-drive CMVs within the United States, subject to
the following terms and conditions: (1) That these drivers will be
subject to drug and alcohol regulations, including testing, as provided
in 49 CFR part 382, (2) that these 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 these drivers keep a copy of
the exemption on the vehicle at all times, (4) that Isuzu notify FMCSA
in writing of any accident, as defined in 49 CFR 390.5, involving one
of the exempted drivers, and (5) that Isuzu notify FMCSA in writing if
any driver is convicted of a disqualifying offense described in section
383.51 or 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) The drivers for Isuzu 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: March 30, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-6240 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-EX-P