[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58178-58180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20642]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for Exemption; 
Navistar, Inc. (Navistar)

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to grant an exemption from the 
commercial driver's license (CDL) requirements to Navistar, Inc. 
(Navistar) for a commercial motor vehicle (CMV) driver, Mr. Anders 
Bj[ouml]rkman, employed as an engineer by Navistar's business partner 
Scania AB (Scania). Navistar and Scania are subsidiaries of Germany's 
TRATON SE. Mr. Bj[ouml]rkman holds a valid Swedish commercial license 
and wants to test drive Navistar CMVs on U.S. roads to better 
understand product requirements in ``real world'' environments and 
verify

[[Page 58179]]

results. FMCSA reviewed Mr. Bj[ouml]rkman's commercial license records 
provided by Navistar, and believes the requirements for a Swedish 
commercial license, and the terms and conditions set forth below, 
including a Navistar-administered drug and alcohol testing program, 
will ensure that his operation under this exemption will likely achieve 
a level of safety equivalent to or greater than the level that would be 
obtained in the absence of the exemption.

DATES: This exemption is effective September 23, 2022 and expires 
September 23, 2027.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 366-4225 or by email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number, ``FMCSA-2018-0347'' in the keyword box and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2018-0347'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, 
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from the Federal Motor Carrier Safety 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 any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews safety analyses and the public comments 
submitted 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 
Agency's decision must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which exemption is 
granted. The notice must also specify the effective period of the 
exemption (up to 5 years) and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Current Regulatory Requirements

    Under 49 CFR 383.23, no person shall operate a commercial motor 
vehicle (CMV) without first having taken and passed the knowledge and 
driving skills tests for a commercial learner's permit or CDL that meet 
the Federal standards in subparts F, G, and H of part 383 for the CMV 
that person operates or expects to operate. Such drivers are also 
subject to the controlled substances and alcohol testing requirements 
of 49 CFR part 382.

IV. Applicant's Request

    Navistar has applied for an exemption for Anders Bj[ouml]rkman from 
49 CFR 383.23 because he is unable to obtain a CDL due to his lack of 
residency in the United States. Navistar states that Mr. Bj[ouml]rkman 
is employed as an expert engineer by Navistar's business partner Scania 
in Sweden. Navistar and Scania are both subsidiaries of Germany's 
TRATON SE.
    Mr. Bj[ouml]rkman holds a valid Swedish commercial license. The 
exemption would allow him to operate CMVs in interstate or intrastate 
commerce to support Navistar field tests designed to meet future 
vehicle safety and environmental requirements and to promote 
technological advancements in vehicle safety systems and emissions 
reductions. According to Navistar, the driving will consist of no more 
than 250 miles per day, for a total of 500 miles during a two-day 
period on a quarterly basis.

V. Method To Ensure an Equivalent or Greater Level of Safety

    According to Navistar, the requirements for a Swedish commercial 
license ensure that the same level of safety is met or exceeded as if 
this driver had a CDL issued by one of the States. Navistar explained 
that Anders Bj[ouml]rkman is familiar with the operation of CMVs 
worldwide and would be accompanied at all times by a driver who holds a 
State-issued CDL and is familiar with the routes to be traveled. In 
addition, Navistar provided a statement of driving history for Mr. 
Bj[ouml]rkman.

VI. Public Comments

    On April 7, 2022, FMCSA published notice of this application and 
requested public comments (87 FR 20499). The Agency received no 
comments.

VII. FMCSA Decision

    FMCSA has determined that the process for obtaining a Swedish 
commercial license is comparable to the process for obtaining a State-
issued CDL and therefore adequately ensures that this driver can safely 
operate a CMV in the United States. FMCSA reviewed documents submitted 
with the application including Mr. Bj[ouml]rkman's Swedish commercial 
license, his driving record, a CMV experience statement, and accident 
statement. In 2019, the Agency granted similar exemptions to Navistar 
drivers on three occasions [April 15, 2019 (84 FR 15283); November 21, 
2019 (84 FR 64400); December 27, 2019 (84 FR 71525)]. Furthermore, the 
Agency has granted German drivers working for Daimler similar 
exemptions.\1\
---------------------------------------------------------------------------

    \1\ FMCSA granted Daimler drivers similar exemptions on May 25, 
2012 (77 FR 31422); July 22, 2014 (79 FR 42626); March 27, 2015 (80 
FR 16511); October 5, 2015 (80 FR 60220); July 12, 2016 (81 FR 
45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151), 
September 10, 2018 (83 FR 45742) and April 27, 2022 (87 FR 25083).
---------------------------------------------------------------------------

    Under this exemption, Mr. Bj[ouml]rkman would not be subject to the 
drug and alcohol testing requirements, set forth in 49 CFR part 382, 
which apply only to drivers who are subject to the CDL requirements in 
49 CFR part 383, the Canadian National Safety Code, or the Licencia 
Federal de Conductor (Mexico), and to their employers (49 CFR 
382.103(a)). Therefore, to ensure a likely equivalent level of safety, 
the terms and conditions of this exemption

[[Page 58180]]

require that Navistar implement a corporate drug and alcohol testing 
program substantially equivalent to the testing requirements in part 
382.
    Based on the information provided by Navistar, as described in 
section IV, including the driver's experience and safety record, FMCSA 
concludes that the exemption, subject to the terms and conditions set 
forth in section VIII, would likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption, in accordance with 49 U.S.C. 31315(b)(1).

VIII. Terms and Conditions for the Exemption

    This exemption applies only to Navistar driver Anders 
Bj[ouml]rkman. This driver is granted an exemption from the CDL 
requirement in 49 CFR 383.23 to allow him to drive CMVs in the United 
States without a State-issued CDL. Consequently, this driver is not 
subject to the requirements of 49 CFR part 382. When operating under 
this exemption, Navistar and Mr. Bj[ouml]rkman are subject to the 
following terms and conditions:
    (1) The driver and Navistar must comply with all other applicable 
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR parts 350-399);
    (2) The driver must be in possession of the exemption document and 
a valid Swedish commercial license;
    (3) The driver must be employed by and operate the CMV within the 
scope of his duties for Navistar or its partner Scania;
    (4) At all times while operating a CMV under this exemption, the 
driver must be accompanied by a holder of a State-issued CDL who is 
familiar with the routes traveled;
    (5) Navistar must notify FMCSA in writing within 5 business days of 
any accident, as defined in 49 CFR 390.5, involving Mr. Bj[ouml]rkman; 
and
    (6) Navistar must notify FMCSA in writing if Mr. Bj[ouml]rkman is 
convicted of a disqualifying offense under Sec.  383.51 or Sec.  391.15 
of the FMCSRs; and
    (7) Navistar must implement a drug and alcohol testing program 
substantially equivalent to the applicable requirements in 49 CFR part 
382, subparts A-F, and require that Mr. Bj[ouml]rkman be subject to 
those requirements.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption. States 
may, but are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

Notification to FMCSA

    Under the exemption, Navistar must notify FMCSA within 5 business 
days of any crash (as defined in 49 CFR 390.5), involving Anders 
Bj[ouml]rkman while operating a CMV under the terms of this exemption. 
The notification about crashes must include the following information:
    a. Identifier of the Exemption: ``Navistar--Bj[ouml]rkman;''
    b. Name of operating carrier and USDOT number;
    c. Date of the crash;
    d. City or town, and State, in which the accident occurred, or 
closest to the crash scene;
    e. Driver's name and license number;
    f. Co-driver's name (if any) and license number;
    g. Vehicle number and State license number;
    h. Number of individuals suffering physical injury;
    i. Number of fatalities;
    j. The police-reported cause of the crash, if provided by the 
enforcement agency;
    k. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    l. The total on-duty time accumulated during the 7 consecutive days 
prior to the date of the crash, and the total on-duty time and driving 
time in the work shift prior to the crash.

IX. Termination

    FMCSA has no reason to believe the motor carrier and driver covered 
by this exemption will experience any deterioration of their safety 
records. However, should this occur, FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemption. FMCSA will immediately revoke the exemption for failure to 
comply with its terms and conditions.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20642 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-EX-P


