
[Federal Register: June 14, 2010 (Volume 75, Number 113)]
[Notices]               
[Page 33663-33664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn10-94]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA 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.

-----------------------------------------------------------------------

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 five Swedish engineers and technicians 
be renewed to enable these individuals to continue test-driving CMVs in 
the United States for Volvo. Each of these individuals holds a valid 
Swedish CDL. FMCSA believes the training program and knowledge and 
skills testing that drivers must undergo to obtain a Swedish CDL ensure 
a level of safety equivalent to, or greater than, the level of safety 
that would be obtained by complying with the U.S. requirement for a 
CDL.

DATES: Comments must be received on or before July 14, 2010.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2006-
25756 and click on the tab labeled SEARCH. On the ensuing page, click 
on any tab labeled SUBMIT A COMMENT on the extreme right of the page 
and a page should open that is titled ``Submit a Comment.'' You may 
identify yourself under section 1, ENTER INFORMATION, or you may skip 
section 1 and remain anonymous. You enter your comments in section 2, 
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments, 
click on the tab labeled SUBMIT. Your comment is then submitted to the 
docket; and you will receive a tracking number.
     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: West Building, Ground Floor, Room W12-140, 
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.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time, and in 
the ENTER KEYWORD OR ID box enter FMCSA-2006-25756 and click on the tab 
labeled SEARCH.
    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://
www.regulations.gov.
    Public Participation: The 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 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. Robert Schultz, 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 CDL requirements of 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.

Volvo Application for Exemption Renewal

    Volvo applied for the renewal of an exemption from 49 CFR 383.23, 
the commercial driver licensing requirement for drivers operating 
commercial motor vehicles (CMVs). A copy of the request for renewal is 
in the docket identified at the beginning of this notice. Volvo asked 
for the renewal of exemption for five drivers for an additional period 
of 2 years. The five drivers are Jonas Gustafsson, Christer Milding, 
Jonas Nilsson, Bjorn Nyman, and Sten-Ake Sandberg.
    FMCSA initially granted this exemption to Volvo for 11 Swedish

[[Page 33664]]

engineers and technicians on May 12, 2006 (71 FR 27780). Detailed 
information about the qualifications and experience of each of the 11 
drivers, including the 5 drivers who are the subject of this notice, 
was provided by Volvo in its original application, a copy of which is 
in the docket referenced above. On February 4, 2008, Volvo's request 
for renewal of the exemption for 8 of the original 11 exempt 
individuals was approved for an additional period of 2 years (73 FR 
6552). FMCSA has evaluated Volvo's current application for renewal of 5 
of the 8 individuals on its merits and decided to grant renewal of this 
Volvo exemption for an additional 2-year period, i.e. from February 4, 
2010, through February 4, 2012.
    Volvo is seeking a renewal of this exemption because the drivers it 
employs are citizens and residents of Sweden, and cannot easily obtain 
non-resident CDLs, given the small number of States willing to issue 
such license. Renewal of the exemption will enable the five 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. It is 
estimated that each driver will drive approximately 2,500 miles per 
year on U.S. roads. Each of the 5 drivers is an experienced CMV 
operator holding a valid Swedish-issued CDL. Each driver has received 
extensive CMV training, and has satisfied strict regulations in Sweden 
in order to obtain a CDL. Volvo explained in detail in earlier 
exemption requests in this docket the rigorous training program, and 
knowledge and skills tests, that applicants for a Swedish CDL must 
undergo. Volvo also stated in prior exemption requests that it believes 
that the knowledge and skills tests and training program 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.

Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined the process for obtaining a Swedish 
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. In the past 2 years, FMCSA has published several notices of 
similar Volvo exemption requests; the most recent Agency notice of 
final disposition was published on May 5, 2009, granting an exemption 
to seven Volvo drivers for two years (74 FR 20778).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on the renewal of Volvo's exemption from the 
requirements of 49 CFR 383.23 for these five individuals. The Agency 
requests that interested parties with specific data concerning the 
safety records of the five drivers listed in this notice submit 
comments by July 14, 2010. FMCSA will review all comments received by 
this date and determine whether renewal of the exemption is consistent 
with the requirements of 49 U.S.C. 31315 and 31136(e).
    FMCSA believes the requirements for 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, on two prior 
occasions, the Agency has determined that providing exemption for these 
five Volvo drivers from the CDL requirements of 49 CFR 383.23 does not 
compromise the level of safety that would exist if the exemption were 
not granted. Each of the prior FMCSA decisions was based on careful 
consideration of the comments received, and on the merits of each 
driver's demonstrated knowledge and skills about the safe operation of 
CMVs.
    Interested parties or organizations possessing information that 
would 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: June 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14264 Filed 6-11-10; 8:45 am]
BILLING CODE 4910-EX-P

