
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]               
[Page 34828-34829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-144]                         

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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 three 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. Volvo had requested that the exemption cover 
three Swedish engineers and technicians who will test drive CMVs for 
Volvo within the U.S. They stated the exemption is needed to support a 
Volvo field test to meet future air quality standards and to test-drive 
Volvo prototype vehicles to verify results in ``real world'' 
environments. Each of these drivers holds a valid CDL issued in Sweden 
but lacks the U.S. residency necessary to obtain a CDL issued by one of 
the States in the U.S. FMCSA believes the knowledge and skills testing 
and training program that drivers must undergo to obtain a Swedish 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 June 18, 2008. The exemption expires 
on June 18, 2010.

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 three 
of Volvo's engineers and technicians 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. 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 U.S., an individual must be a resident of a State in order to 
qualify for a CDL \1\. The Volvo drivers-employees for whom this 
exemption is sought are all citizens and residents of Sweden; 
therefore, they 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.
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    \1\ Although 49 CFR 383.23 indicates that these drivers could 
obtain a Nonresident CDL, few States are currently issuing 
Nonresident CDLs.
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Swedish Drivers

    This exemption enables the following drivers to test-drive in the 
U.S. Volvo CMVs that are assembled, sold or primarily used in the U.S.: 
Andreas Hamsten, Carl-Gustaf Theen and Therese Johansson.
    Collectively, these drivers form a team of engineers and 
technicians. Volvo currently employs these drivers in Sweden, and wants 
them 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. These drivers would test-drive Volvo CMVs 
that are assembled, sold or primarily used in the U.S. They are highly 
trained,

[[Page 34829]]

experienced CMV operators with valid Swedish-issued CDLs. Because each 
of the drivers 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 Swedish driving 
record of each of these drivers, and each has a driving record free of 
violations.
    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 one comment in response to its request for 
public comments on the Volvo Notice of Application for Exemption 
published in the Federal Register on March 14, 2008 (73 FR 13947). The 
commentor objected to the granting of the exemption for the three 
Swedish drivers, without stating any substantive reasons for the 
objection.

FMCSA Decision

    FMCSA does not agree with the objection. The Agency decision to 
grant these drivers an exemption from section 383.23 is based on the 
merits of the application for exemption, and the rigorous knowledge and 
skills testing of Swedish drivers concerning the safe operation of 
CMVs.

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA 
grants Volvo an exemption from the Federal CDL requirement in 49 CFR 
383.23 for three drivers, identified under the ``Swedish Drivers'' 
heading above, to test-drive CMVs within the U.S., 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 Volvo notify FMCSA 
in writing of any accident, as defined in 49 CFR 390.5, involving one 
of the exempted drivers, and (5) that Volvo 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 Volvo 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: June 11, 2008.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-13804 Filed 6-17-08; 8:45 am]

BILLING CODE 4910-EX-P
