[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Notices]
[Pages 14192-14194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7759]



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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. MC-96-13]


Commercial Driver's License Program; Temporary Waiver For 
Trekking International Overland Expedition

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of petition; request for comments.

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SUMMARY: The FHWA is requesting public comment on a petition submitted 
by Trekking International on January 24, 1996, for relief from the 
requirements of the commercial driver's license (CDL) regulations (49 
CFR Part 383). The FHWA is considering whether it should grant a waiver 
from the CDL testing and licensing standards to drivers participating 
in the Overland Expedition. The Overland Expedition consists of four 
Iveco 330.30 ANW 6x6 trucks which are being driven from Rome, Italy, to 
New York City, by foreign licensed employees of the Petitioner. The 
requested waiver would be temporary, ending with the shipment of the 
four vehicles to Italy on or before June 1, 1996. The FHWA requests 
public comment on whether, if granted, the requested waiver would be 
contrary to the public interest or diminish the safe operation of 
commercial motor vehicles.

DATES: Comments must be received on or before April 8, 1996.

ADDRESSES: All signed, written comments should refer to the docket 
number that appears at the top of this document and should be submitted 
to the Federal Highway Administration, Room 4232, Office of Chief 
Counsel, HCC-10, 400 Seventh Street SW., Washington, DC 20590-0001. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Commenters who want to be notified that the 
FHWA received their comments should include a self-addressed, stamped 
postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Motor 
Carrier Research and Standards, (202) 366-4001, or Mr. Raymond W. 
Cuprill, Office of the Chief Counsel, HCC-20, (202) 366-0834, Federal 
Highway Administration, Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m. 
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Commercial Driver's License (CDL) regulations, issued pursuant 
to the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Pub. L. 
99-570, 100 Stat. 3207) (49 U.S.C. 31301 et seq.), are found at 49 CFR 
Part 383 (1995). Section 383.23 of the regulations sets forth the 
general rule that no person shall operate a commercial motor vehicle 
(CMV) unless such person: (1) has taken and passed a knowledge test 
and, if applicable, a driving test, which meets Federal standards, and 
(2) possesses a CDL, which is evidence of having passed the required 
tests. These Federal standards ensure that drivers of a CMV: (1) have a 
single driver's license and a single driving record, (2) are tested for 
the knowledge and skills needed to drive a vehicle representative of 
the vehicle that they will be licensed to drive, and (3) are 
disqualified from driving a CMV when convicted of certain criminal or 
traffic violations.
    The term ``commercial motor vehicle'' is defined to include, a 
motor vehicle:
    (1) With a gross combination weight rating of 26,001 or more pounds 
inclusive of a towed unit with a gross vehicle weight rating (GVWR) of 
more than 10,000 pounds; or
    (2) With a GVWR of 26,001 or more pounds; or
    (3) Designed to transport 16 or more passengers, including the 
driver; or
    (4) Used in the transportation of quantities of hazardous materials 
which require the vehicle to be placarded under the Hazardous Materials 
Transportation Regulations (49 CFR part 172, subpart F). 49 CFR 383.5 
(1995).

CDL Waivers

    Section 12012 of the Commercial Motor Vehicle Safety Act of 1985 
(49 U.S.C. 31315) authorizes the Secretary of Transportation to waive 
any class of drivers or vehicles from any or all of the provisions of 
the Act or the implementing regulations if the Secretary determines 
that the waiver is not contrary to the public interest and does not 
diminish the safe operation of commercial motor vehicles. The 
regulatory procedures governing the issuance of waivers are found at 49 
CFR 383.7 (1995).
    The FHWA has granted a CDL waiver to military personnel operating 
military vehicles and has authorized the States to waive certain 
farmers, firefighters and operators of emergency equipment in 
implementing the CDL regulations. See 53 FR 37313, September 26, 1988. 
The agency also authorized the States to waive, at their option, 
employees of farm-related service industries (custom harvesters, retail 
outlets and suppliers, agri-chemical businesses, and livestock feeders) 
from the CDL knowledge and skill testing requirements, and issue these 
employees restricted CDLs for a seasonal period or periods not to 
exceed a total of 180 days in any 12-month period, subject to certain 
conditions. See 57 FR 13650, April 17, 1992. More recently, the FHWA 
authorized the States to, at their option, waive part-time drivers for 
the pyrotechnics industry from the CDL endorsement tests for hazardous 
materials, when the drivers are transporting less than 500 pounds of 
fireworks, classified as DOT Class 1.3G explosives, during the period 
from June 30 through July 6 of each year. See 60 FR 34188, June 30, 
1995.

Petition

    Trekking International of Milan, Italy, through its North American 
coordinator, Circumpolar Expeditions of Anchorage, Alaska, has 
petitioned the FHWA to grant a CDL waiver to drivers involved in the 
Overland Expedition. The goal of the Overland Expedition is to drive 
four (4) Iveco 330.30 ANW 6x6 trucks 15,000 miles from Rome, Italy, to 
New York City, New York, over land via the Russian Far East, the Bering 
Strait and Alaska, a feat never before accomplished. In addition to 
being the first trucks driven from Europe to North America, the 
Expedition will demonstrate the quality of Iveco trucks and serve to 
mark the 20th Anniversary of the Iveco Truck Division of the Fiat 
Group. The Expedition will be entering the United States shortly and 
will be operating the vehicles in North America through April of 1996. 
Once the Expedition is completed, the trucks will be shipped back to 
Italy. The Petitioner expects the vehicles to be shipped on or before 
June 1, 1996. None of these vehicles are being imported into the United 
States.
    The Petitioner asserts that the requested waiver would be temporary 
and only be applicable to those foreign employees driving the four 
vehicles that are participating in the Expedition. These employees are 
professional operators of commercial motor vehicles licensed in Italy 
and have from 15 to 20 years of driving experience. The Petitioner has 
submitted a copy of the Roadway Code of Italy, Law No. 285 dated April 
30, 1992, which provides the requirements applicable to these 
commercial operators. A copy of this law and a provided translated 
summary is available in the docket for examination by the public. The 
following Italian licensed commercial

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drivers will be participating in the expedition:

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             Name              License No.     Issued     Classification
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Gregorio Camevale............      1300267       8/7/95  ABCDE.         
Carlo Marocco................      1291175       9/4/95  ABCDE.         
Erhard Mayer.................       A26995      8/28/95  ABCDE.         
Vicenzo Leone................      1291174      9/11/95  ABCDE.         
Emilio Altamore..............      1247556       9/4/95  ABCDE.         
Francesco Miranda............      1247557       9/4/95  ABCDE.         
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    The Petitioner has agreed to comply with other applicable Federal 
Motor Carrier Safety Regulations (FMCSRs), including financial 
responsibility, vehicle marking, driver physical qualification, vehicle 
inspection and hours of service requirements.

Request for Public Comment and Proposed Waiver

    The FHWA is requesting public comment as to whether the grant of 
the requested temporary waiver from the CDL requirements would be 
contrary to the public interest or would diminish the safe operation of 
CMVs. Commenters are invited to address whether the waivers should be 
subject to conditions, such as the following conditions being 
considered by the FHWA.

Waiver Conditions

    (1) Drivers covered--the waiver would cover foreign drivers 
employed by the Petitioner, listed above, while participating in the 
Overland Expedition. The drivers would be required to hold a valid 
Italian commercial driver's license to operate the vehicles listed in 
condition #3.
    (2) Duration--the waiver from the CDL requirements would only be 
valid through June 1, 1996.
    (3) Vehicles--the waiver would be limited to the operation of the 
four vehicles participating in the Overland Expedition and identified 
with the following vehicle identification numbers and license plates:

a. WJMH3GMSM09015805 (plate no. A658095)
b. WJMH3GMSM09015766 (plate no. A658096)
c. WJMH3GMSM09015814 (plate no. A658097)
d. WJMH3GMSM09015669 (plate no. A658098)

    (4) Compliance with FMCSRs--Drivers covered by the waiver would be 
required to comply with other applicable requirements of the Federal 
Motor Carrier Safety Regulations, including financial responsibility, 
vehicle marking, driver physical qualification, vehicle inspection and 
hours of service requirements.
    Commenters are strongly encouraged to provide any facts or views 
pertaining to the requested waiver.

    Authority: Title XII of Pub. L. 99-570, 100 Stat. 3207; 49 
U.S.C. 31301 et seq.; 49 U.S.C. 31315; 49 CFR 1.48; 49 CFR 383.7; 23 
U.S.C. 315.

    Issued on: March 25, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-7759 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-22-P