
[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Notices]               
[Page 3130-3131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-156]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]

 
Commercial Driver's License Standards: Application for Exemption; 
Volvo Trucks North America (Volvo)

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

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

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SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has 
applied for an exemption from the Federal requirement for a driver of 
commercial motor vehicles (CMVs) to hold a commercial driver's license 
(CDL). Volvo requests that the exemption cover one Swedish field test 
engineer who will test-drive CMVs for Volvo within the United States. 
This Volvo employee holds a valid Swedish CDL. Volvo states the 
exemption is needed to support a Volvo field test to meet future clean 
air standards, to test-drive Volvo prototype vehicles to verify results 
in ``real world'' environments, and to deliver the vehicles if 
necessary in the United States. Volvo believes the knowledge and skills 
tests and training program that Swedish drivers undergo to obtain a 
Swedish CDL ensures 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. requirements for a CDL.

DATES: Comments must be received on or before February 17, 2009.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., 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.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    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 19476) or you may visit http://
DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is 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 Federal eRulemaking Portal 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. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

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

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR 
381.315(a)). The Agency must provide the public an opportunity to 
inspect the information relevant to the application, including the 
conducting of any safety analyses. The Agency must also provide an 
opportunity for public comment on the application.

[[Page 3131]]

    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is granted. The 
notice must also specify the effective period of the exemption (up to 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Volvo has applied for an exemption from the commercial driver's 
license (CDL) rules, specifically 49 CFR 383.23 that prescribes 
licensing requirements for drivers operating commercial motor vehicles 
(CMVs) in interstate or intrastate commerce. Volvo requests the 
exemption because this driver-employee is a citizen and resident of 
Sweden, and therefore cannot apply for a CDL in any of the United 
States. A copy of the application is in Docket No. FMCSA-2006-25756.
    The exemption would allow one driver to operate CMVs in interstate 
commerce as part of a team of drivers who will support a Volvo field 
test to meet future air quality standards, to test-drive Volvo 
prototype vehicles at its test site and in the vicinity around Phoenix, 
Arizona, to verify results in ``real world'' environments, and to 
deliver the vehicles if necessary in the U.S. The driver is named 
Michael Tellstrom, and Volvo requests that the exemption cover a two-
year period beginning April 2009.
    This driver holds a valid Swedish CDL, and as explained by Volvo in 
previous exemption requests, drivers applying for a Swedish-issued CDL 
must undergo a training program and pass knowledge and skills tests. 
Volvo also stated in prior exemption requests that the knowledge and 
skills tests and training program that Swedish drivers undergo to 
obtain a Swedish CDL ensure the exemption provides 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.
    FMCSA has previously determined the process for obtaining a 
Swedish-issued CDL is comparable to, or as effective as the Federal 
requirements of Part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. Previously, on several other occasions 
FMCSA had published notices concerning similar Volvo Requests. An 
initial notice of a similar nature was published by FMCSA on May 12, 
2006, granting this exemption to Volvo for 11 Swedish CDL drivers 
permitting them to operate CMVs in the U.S. (71 FR 27780).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Volvo's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on February 17, 2009. Comments 
will be available for examination in the docket at the location listed 
under the ADDRESSES section of this notice. The Agency will consider to 
the extent practicable comments received in the public docket after the 
closing date of the comment period.

    Issued on: January 9, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-850 Filed 1-15-09; 8:45 am]

BILLING CODE 4910-EX-P
