

[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Notices]               
[Page 6552-6553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe08-86]                         

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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, Renewal of Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA renews Volvo Trucks North America's (Volvo) exemption 
from the Agency's requirement for certain drivers of commercial motor 
vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo 
requested that its exemption for eight Swedish engineers and 
technicians be renewed to enable these individuals to continue test 
driving CMVs in the United States for Volvo. All of the individuals 
hold a valid Swedish CDL. FMCSA believes the knowledge and skills 
testing and training program that drivers must undergo for a Swedish 
CDL ensures a level of safety that is equivalent to, or greater than, 
the level of safety that would be obtained by complying with the U.S. 
requirement for a CDL.

DATES: This decision is effective February 4, 2008. Comments must be 
received on or before March 5, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Web Site: http://www.regulations.gov. Follow the 

instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 

personal information provided. Please see the Privacy Act heading 
below.

[[Page 6553]]

    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 

the ground floor, Room W12-140, DOT Building, New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov
.

    Public participation: The http://www.regulations.gov Web site is 

generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov web site and also at the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 

you that we received your comments, please include a self-addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption 
from the commercial driver's license (CDL) requirements in 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 for 
a renewal on its merits and decided to grant renewal of the exemption 
for eight of Volvo's engineers and technicians for a 2-year period.

Volvo Application for an Exemption Renewal

    Volvo Trucks North America (Volvo) applied for the renewal of an 
exemption from the commercial driver's licensing rules, specifically 49 
CFR 383.23, which establishes licensing requirements for drivers 
operating commercial motor vehicles (CMVs) in interstate commerce. The 
exemption was originally granted on May 12, 2006 (71 FR 27780). Volvo 
is seeking a renewal of this exemption because the drivers it employs 
are citizens and residents of Sweden, and as such they cannot apply for 
a CDL from a State in the United States. A copy of the request for a 
renewal is in the docket identified at the beginning of this notice.
    The renewal of the exemption will enable the following drivers to 
operate CMVs in the U.S. and continue to support Volvo's field tests to 
meet future clean air standards, to test drive prototype vehicles at 
their test site, and to deliver the vehicles, if necessary. These are 
eight of the eleven drivers included in the original exemption: 
Christer Milding, Jonas Gustafsson, Sten-Ake Sandberg, Daniel 
Kanebratt, Urban Walter, Fredrik Wattwil, Jonas Nilsson, and Bjorn 
Nyman.
    These drivers are a team of designers, currently employed by Volvo 
in Sweden, who want to continue driving CMVs in the U.S. to test and 
evaluate prototype and production CMVs in order to design safe and 
well-tested vehicles for use on U.S. highways. They are experienced CMV 
operators with valid Swedish-issued CDLs. It is estimated that each 
driver would continue to drive approximately 2,500 miles per year on 
U.S. roads. Because each of the drivers was required to satisfy strict 
regulations in Sweden to obtain a CDL, and has extensive CMV training 
and experience, Volvo believes that the renewal of the exemption will 
continue to achieve 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 applying to obtain a Swedish CDL must take both a knowledge 
test and skills test before a license to operate CMVs is issued. This 
process is considered comparable to, or as effective as, the 
requirements of 49 CFR part 383 and adequately assesses the driver's 
ability to operate CMVs in the U.S.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on the renewal of Volvo's exemption from the 
requirements of 49 CFR 383.23. The Agency requests that interested 
parties with specific data concerning the safety records of the drivers 
listed in this notice submit comments by March 5, 2008. FMCSA will 
review all comments received by this date and determine whether the 
renewal of the exemption is consistent with the requirements of 49 
U.S.C. 31315 and 31136(e). Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable, but FMCSA may make its final decision at any time 
after the close of the comment period.
    FMCSA believes the requirements for a renewal of an exemption under 
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the 
renewal and then requesting and subsequently evaluating comments 
submitted by interested parties. As indicated above, the Agency 
previously published a notice of final disposition announcing its 
decision to exempt these eight Volvo drivers from the CDL requirement 
in 49 CFR 383.23. The decision to renew the exemption for these drivers 
was based on the merits of each driver's demonstrated knowledge and 
skills about the safe operation of CMVs, and only after careful 
consideration of the comments submitted in response to the February 9, 
2006 original notice. The notice of application for exemption indicated 
that detailed information about the qualifications and experience of 
each of the drivers was provided in Volvo's application and that a copy 
of the application is in the docket referenced at the beginning of this 
notice.
    Interested parties or organizations possessing information that 
would otherwise show that any or all of these drivers are not currently 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse information 
submitted and, if safety is being compromised or if the continuation of 
the exemption is not consistent with 49 U.S.C. 31315(b)(4) and 
31136(e), FMCSA will take immediate steps to revoke the exemption of 
the driver(s) in question.

    Issued on: January 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-1931 Filed 2-1-08; 8:45 am]

BILLING CODE 4910-EX-P
