[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Notices]
[Page 333-334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-110]
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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 one of its
drivers to enable him to test-drive commercial motor vehicles (CMVs) in
the United States without a commercial driver's license (CDL) issued by
one of the States. Volvo stated the exemption is needed to support a
field test to meet future air quality standards and to test-drive Volvo
prototype vehicles to verify results in ``real world'' environments.
Its driver holds a valid CDL issued in Sweden but lacks the U.S.
residency necessary to obtain a CDL issued by one of the States. FMCSA
believes the knowledge and skills testing and training program that
drivers must undergo to obtain a Swedish CDL ensures that their drivers
will achieve a level of safety that is equivalent to, or greater than,
the level of safety achieved without the exemption.
DATES: This exemption is effective January 5, 2009 and expires January
5, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, 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: 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 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 * * * '' (49 CFR 381.305 (a)). FMCSA has
evaluated Volvo's application on its merits and decided to grant the
exemption for its field test engineer, Fredrik Eriksson, for a 2-year
period.
Volvo Application for an Exemption
Volvo applied for an exemption from the 49 CFR 383.23 requirement
that the operator of a CMV obtain a CDL issued by one of the States.
This section of the Federal Motor Carrier Safety Regulations (FMCSRs)
sets forth the standards that States must employ in issuing CDLs. An
individual must be a resident of a State in order to qualify for a CDL.
The Volvo driver-employee for whom this exemption is sought is a
citizen and resident of Sweden; therefore, he cannot apply for a CDL in
any State of the United States. A copy of the request for exemption
from section 383.23 is in the docket identified at the beginning of
this notice.
Swedish Driver
This exemption enables Fredrik Eriksson to test-drive in the U.S.
Volvo CMVs that are assembled, sold or primarily used in the U.S. Volvo
currently employs this driver in Sweden, and wants him to be able to
test-drive Volvo prototype vehicles at its test site and in the
vicinity of Phoenix, Arizona, to verify vehicle results in ``real
world'' environments. He is a highly trained, experienced CMV operator
with a valid Swedish-issued CDL. Because he was required to satisfy
strict CDL testing standards in Sweden to obtain a CDL and has
extensive training and experience operating CMVs, Volvo 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
According to Volvo, drivers applying for a Swedish-issued CDL must
undergo a training program and pass knowledge and skills tests. Volvo
believes the knowledge and skills tests and training program that these
drivers undergo to obtain a Swedish CDL ensure the exemption would
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. In addition, Volvo has submitted a copy of the violation-free
Swedish driving record of this driver.
FMCSA had previously determined that the process for obtaining a
Swedish-issued CDL adequately assesses the driver's ability to operate
CMVs in the U.S. Therefore, the process for obtaining a Swedish-issued
CDL is considered to be comparable to, or as effective as, the
requirements of 49 CFR part 383.
Comments
The Agency received no response to its request for public comments
published in the Federal Register on September 5, 2008 (73 FR 51879).
Terms and Conditions for the Exemption
Based upon evaluation of the application for an exemption, FMCSA
grants Volvo an exemption from the CDL requirement in 49 CFR 383.23 for
its driver, Fredrik Eriksson, to test-drive CMVs within the United
States, subject to the following terms and conditions: (1) That this
driver will be subject to drug and alcohol regulations, including
testing, as provided in 49 CFR part 382, (2) that this driver is
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 this
driver 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 this driver, and (5) that Volvo notify FMCSA in
writing if this 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 driver for Volvo 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. 31315 and 31136.
[[Page 334]]
Issued on: December 19, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-31367 Filed 1-2-09; 8:45 am]
BILLING CODE 4910-EX-P