
[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Notices]               
[Page 35515-35516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn10-85]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]

 
Commercial Driver's License (CDL) Standards: Granting of 
Exemption; Volvo Trucks North America

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 exemption to enable one of its 
drivers to test-drive commercial motor vehicles (CMV) in the United 
States without a commercial driver's license (CDL) issued by one of the 
States. Volvo asserts that the exemption is necessary to support a 
field test to meet future air quality standards and to test-drive Volvo 
prototype CMVs. Volvo's driver holds a valid CDL issued in Sweden but 
lacks the U.S. residency necessary to obtain a CDL issued by one of the 
States. FMCSA believes the knowledge and skills testing and training 
program that drivers must undergo to obtain a Swedish CDL ensure that 
Volvo's driver will achieve a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

DATES: This exemption is effective June 22, 2010 and expires June 22, 
2012.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, 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 
exemption to Volvo's field test engineer, Edvard Lundgren, for a 2-year 
period.

Volvo's Application for Exemption

    Volvo applied for exemption from the 49 CFR 383.23 requirement that 
the operator of a CMV obtain a CDL issued by one of the States. Section 
383.3 of the Federal Motor Carrier Safety Regulations (FMCSRs) requires 
States to abide by the standards of 49 CFR part 383 when issuing CDLs. 
Part 383 requires applicants for CDLs to be residents of the State to 
which they make application. The Volvo driver for whom this exemption 
is sought is a citizen and resident of Sweden; therefore, he cannot 
apply for a CDL in any State of the United States. A copy of the Volvo 
request for exemption from section 383.23 is in the docket identified 
at the beginning of this notice.
    This exemption enables Edvard Lundgren to test-drive, on U.S. 
highways, Volvo CMVs that are assembled, sold or primarily used in the 
U.S. Volvo currently employs this driver in Sweden, and wants him to be 
able to test-drive these Volvo prototype CMVs in ``real world'' 
environments at and near its test site in Phoenix, Arizona. Edvard 
Lundgren was required to satisfy strict CDL testing standards in Sweden 
to obtain a CDL. He is a highly trained, experienced CMV operator whose 
Swedish driving record reflects no violations of law. Volvo believes 
that Lundgren's driving under this 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

    Drivers applying for a Swedish-issued CDL must undergo a training 
program and pass knowledge and skills tests. Volvo believes these 
prerequisites ensure that exemption for this driver will provide a 
level of safety that is equivalent to, or greater than, the level of 
safety obtained by complying with the U.S. CDL requirements. FMCSA has 
previously determined that the process for obtaining a Swedish-issued 
CDL adequately assesses the driver's ability to operate CMVs in the 
U.S. safely. 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 no response to its request for public comments 
published in the Federal Register on February 23, 2010 (75 FR 8181).

Terms and Conditions of the Exemption

    Based upon its evaluation of the Volvo application, FMCSA grants an 
exemption from the CDL requirement of 49 CFR 383.23 to allow Volvo's 
driver, Edvard Lundgren, to test-drive CMVs within the United States, 
subject to the following terms and conditions: (1) That this driver is 
subject to the drug and alcohol regulations of 49 CFR part 382, 
including testing, (2) that this driver is 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 this driver keeps a copy of the 
exemption on the vehicle at all times, (4) that Volvo notifies FMCSA in 
writing of any accident, as defined in 49 CFR 390.5, involving this 
driver, and (5) that Volvo notifies FMCSA in writing if this driver is 
convicted of a disqualifying offense identified in sections 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 earlier revoked by the FMCSA. The exemption 
will be revoked if: (1) The Volvo driver fails to comply with the terms 
and conditions of the exemption, (2) the exemption results in a lower 
level of safety than was maintained before it was granted or (3) the 
exemption becomes inconsistent with the goals and objectives of 49 
U.S.C. 31315 and 31136.


[[Page 35516]]


    Issued on: June 11, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-15077 Filed 6-21-10; 8:45 am]
BILLING CODE 4910-EX-P

