[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15933]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap07-105]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-14652]
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.
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SUMMARY: FMCSA previously announced its decision to renew Isuzu Motors
America, Inc.'s (Isuzu) exemption for 19 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. Following the renewal one comment to the public docket was
received. The Agency has considered the comment and continues to
believe the knowledge and skills testing and training program that
drivers must undergo to obtain a Japanese CDL ensures that each of
these 19 drivers will achieve a level of safety that is equivalent to,
or greater than, the level of safety achieved without the exemption.
The Agency therefore declines to rescind or change the terms of the
exemption.
DATES: This exemption is effective from June 21, 2006 through June 20,
2008.
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 or renew an
exemption from the CDL requirements in 49 CFR 383.23 for a maximum 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
evaluated Isuzu's application on its merits and decided to grant the
renewal of the exemption for 19 of Isuzu's engineers and technicians
for a two-year period, effective June 21, 2006 as previously announced
in the Federal Register (71 FR 35726, June 21, 2006).
Isuzu Application for Renewal of Exemption
Isuzu applied for renewal of an exemption from the 49 CFR 383.23
requirement that the operator of a CMV obtain a CDL. This section 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 was sought are all residents of Japan.
A copy of the Isuzu 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, very few States are currently issuing
Nonresident CDLs due to security concerns.
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Japanese Drivers
The exemption granted in 2006 enables 19 drivers to test-drive in
the United States Isuzu CMVs that are assembled, sold or primarily used
in the U.S.
Collectively, these drivers form a team of mechanics, vehicle test
engineers, technicians and other employees.
Comments
The Agency received one comment in response to its request for
public comments on this renewal (71 FR 35726, June 21, 2006). The
commenter objected to the renewal based on the Japanese drivers'
potential lack of familiarity with United States highway and traffic
conditions, and the operation of vehicles with steering wheels on the
left side.
FMCSA Response
FMCSA does not agree with the objection. This is a renewal of a 2-
year exemption. These drivers operated in the U.S. during the original
exemption period, and Isuzu reported in its application for renewal
that none of them received any traffic citations or was involved in any
accidents from the time of the original exemption on October 16, 2003,
through the date of its application for renewal.
FMCSA Decision
The FMCSA decision to grant the request to renew the exemption from
section 383.23 was based on the merits of the application for exemption
and the rigorous knowledge and skills testing of Japanese drivers
concerning the safe operation of CMVs. All available evidence indicates
that the 19 drivers covered by the exemption continue to operate as
safely as they would have by complying with U.S. CDL regulations.
Unless these drivers fail to maintain the conditions specified in
the June 21, 2006, decision, the exemption will remain in effect
through June 20, 2008.
Issued on: March 28, 2007.
Rose A. McMurray,
Chief Safety Officer, Assistant Administrator.
[FR Doc. E7-6141 Filed 4-2-07; 8:45 am]
BILLING CODE 4910-EX-P
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