
[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]               
[Page 45198-45199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au10-147]                         

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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.

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SUMMARY: FMCSA renews an exemption from the requirement to hold a 
commercial driver's license (CDL) submitted by Volvo Trucks North 
America (Volvo) on behalf of an employee. Volvo requested renewal of 
the CDL exemption for a Swedish engineer employed by the company to 
enable this individual to continue test-driving commercial motor 
vehicles (CMVs) in the United States. This individual holds a valid 
Swedish CDL. FMCSA believes that 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 September 1, 2010. 
Effective date of the exemption is June 18, 2010 to June 18, 2012.

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 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 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

[[Page 45199]]

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 acknowledgment page that appears 
after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, 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. 31136(e) and 31315, 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 a 2-year renewal of an exemption from 49 CFR 
383.23, the CDL requirement for drivers operating CMVs, for Andreas 
Hamsten. A copy of the request for renewal, dated May 12, 2010, is in 
the docket identified at the beginning of this notice.
    FMCSA initially granted an exemption to three Swedish engineers and 
technicians employed by Volvo on June 18, 2008 (73 FR 34828). Detailed 
information about the qualifications and experience of each of the 
three drivers, including Mr. Hamsten, was provided by Volvo in its 
original application, a copy of which is in the docket referenced 
above. Volvo is seeking a renewal of this exemption because Mr. Hamsten 
is a citizen and resident of Sweden, and cannot easily obtain a non-
resident CDL, given the small number of States willing to issue such a 
license. Renewal of the exemption will enable Mr. Hamsten 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 he will drive approximately 2,500 miles per year on U.S. roads. 
Mr. Hamsten is an experienced CMV operator holding a valid Swedish-
issued CDL. He 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 the rigorous training program 
and knowledge and skills tests that applicants for a Swedish CDL must 
undergo. Volvo also argued in prior exemption requests that the Swedish 
knowledge and skills tests and training program ensure that Volvo's 
drivers operating under the exemption will achieve 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 that the process for obtaining a 
Swedish CDL is comparable to, or as effective as, the 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 June 14, 2010, granting an exemption 
to 2 Volvo drivers for 2 years (75 FR 33662).

Granting of Exemption Renewal

    FMCSA has evaluated Volvo's application for renewal of Mr. 
Hamsten's exemption and decided to grant it for an additional 2-year 
period, i.e., from June 18, 2010, through June 18, 2012. Mr. Hamsten's 
exemption is renewed subject to the following terms and conditions: (1) 
This exemption is valid only when Mr. Hamsten is acting within the 
scope of his employment by Volvo; (2) He and Volvo must adhere to drug 
and alcohol regulations, including testing, as provided by in 49 CFR 
part 382; (3) He and Volvo must adhere to driver disqualification rules 
under 49 CFR parts 383 and 391 that apply to other CMV drivers in the 
United States; (4) He is subject to all other provisions of the Federal 
Motor Carrier Safety Regulations (FMCSRs) (49 CFR 390-397) unless 
specifically exempted herein; (5) He must keep a copy of the exemption 
on the vehicle at all times for presentation to a duly authorized 
Federal, State, or local enforcement official; (6) Volvo must notify 
FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving 
this exempted driver; and (7) Volvo must notify FMCSA in writing if 
this driver is convicted of a disqualifying offense described in 
sections 383.51 or 391.15 of the FMCSRs.
    This exemption will be valid for 2 years unless rescinded earlier 
by FMCSA. Mr. Hamsten's exemption will be rescinded if: (1) He fails 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. 31136(e) and 
31315.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on the renewal of Mr. Hamsten's exemption from 
the requirements of 49 CFR 383.23. The Agency requests that interested 
parties with specific data concerning Mr. Hamsten's safety record 
submit comments by September 1, 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. 31136(e) and 31315.
    FMCSA believes the requirements for renewal of an exemption under 
49 U.S.C. 31136(e) and 31315 can be satisfied by granting the renewal 
and then requesting and subsequently evaluating comments submitted by 
interested parties. As indicated above, on one prior occasion, the 
Agency determined that providing an exemption for this Volvo driver 
does not compromise the level of safety that would exist if the 
exemption were not granted. The prior FMCSA decision 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 Mr. Hamsten is 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. 31136(e) and 31315(b)(4), FMCSA will 
take immediate steps to revoke the exemption.

    Issued on: July 27, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-18823 Filed 7-30-10; 8:45 am]
BILLING CODE 4910-EX-P

