
[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]               
[Page 51878-51879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se08-102]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-25290]

 
Commercial Driver's License (CDL) Standards; Isuzu Motors 
America, Inc. (Isuzu); Exemption Renewal

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's 
exemption from the Agency's requirement that drivers of commercial 
motor vehicles (CMVs) possess a commercial driver's license (CDL) 
issued in the United States. Isuzu requested that its current exemption 
for 11 Japanese engineers and technicians be renewed to enable them to 
continue test driving CMVs in the U.S. FMCSA requested comment on the 
renewal of the exemption, but received no comments.

DATES: This exemption is effective from July 2, 2008 through July 2, 
2010.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA 
Driver and Carrier Operations Division, Office of Bus and Truck 
Standards and Operations, Telephone: 202-366-4325, or e-mail: 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315, as referenced in section 31136(e), FMCSA may 
grant an exemption 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.'' Exemptions may be granted 
for up to 2 years from the approval date and may be renewed upon 
application (49 U.S.C. 31315(b)(1)). FMCSA has evaluated Isuzu's 
application for renewal on its merits and has granted renewal of the 
exemption for 11 of Isuzu's engineers and technicians for a 2-year 
period,

[[Page 51879]]

effective July 2, 2008 as previously announced in the Federal Register 
(73 FR 38023, July 2, 2008).

Comments

    The FMCSA received no response to its request for public comments 
published in the Federal Register on July 2, 2008 (73 FR 38023).

Terms and Conditions for the Exemption

    Based upon its evaluation of the application for an exemption, 
FMCSA granted Isuzu a renewal of the exemption from the Federal CDL 
requirement in 49 CFR 383.23 for eleven drivers (Shiro Fukuda, Wataru 
Kumakura, Takehito Yaguchi, Tsutomu Yamazaki, Toshiya Asari, Shintaro 
Moroi, Masaru Otsu, Satoru Amemiya, Tsuyoshi Koyama, Nobuyuki Miyazaki, 
and Hiroyoshi Takahashi) to test-drive CMVs within the U.S., subject to 
the following terms and conditions: (1) That these drivers are subject 
to drug and alcohol testing 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 in the vehicle they are driving 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.
    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 August 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-20668 Filed 9-5-08; 8:45 am]

BILLING CODE 4910-EX-P
