
[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Notices]               
[Page 47880-47881]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au10-98]                         

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

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 final disposition.

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

SUMMARY: FMCSA announces its decision to continue in effect Volvo 
Trucks North America's (Volvo) exemption for five 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. FMCSA previously announced its decision to renew Volvo's 
exemption, pending a review of public comments. No comments were 
received.

DATES: This exemption is effective from February 4, 2010, through 
February 4, 2012.

[[Page 47881]]


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. FMCSA 
evaluated Volvo's application and decided to grant the renewal of the 
exemption for five of Volvo's engineers and technicians for a 2-year 
period, effective February 4, 2010, as previously announced in the 
Federal Register (75 FR 33663, June 14, 2010).

Comments

    In the Federal Register notice of June 14, 2010, FMCSA requested 
public comment on the renewal; the Agency received none in the 30-day 
comment period (FMCSA Docket No. FMCSA-2006-25756).

Terms and Conditions for the Exemption

    Based upon its evaluation of the application, FMCSA granted Volvo a 
renewal of the exemption from the Federal CDL requirement in 49 CFR 
383.23 for a period of 2 years from February 4, 2010, through February 
4, 2012, for 5 drivers (Jonas Gustafsson, Christer Milding, Jonas 
Nilsson, Bjorn Nyman, and Sten-Ake Sandberg) who test-drive CMVs within 
the United States. The exemption is subject to the following terms and 
conditions: (1) This exemption is valid only when these drivers are 
acting within the scope of their employment by Volvo, (2) The drivers 
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, (3) The drivers 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) The drivers and Volvo must 
adhere to drug and alcohol regulations, including testing, as provided 
by in 49 CFR part 382, (5) The drivers are subject to all other 
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR 390-397) unless specifically exempted herein, (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 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: August 4, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-19589 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-EX-P

