[Federal Register Volume 68, Number 83 (Wednesday, April 30, 2003)]
[Notices]
[Pages 23174-23176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10571]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-14652]


Commercial Driver's License Standards; Isuzu Motors America, 
Inc.'s Exemption Application

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The FMCSA announces receipt of an application from Isuzu 
Motors America, Inc. (Isuzu), requesting an exemption from the agency's 
requirement of 49 CFR 383.23 for drivers of commercial motor vehicles 
(CMVs) to hold a commercial driver's license (CDL). Isuzu requested the 
exemption for 31 Japanese engineers and technicians who will be test-
driving CMVs for Isuzu. All of the individuals hold a valid Japanese 
commercial license and are specially trained in driving CMVs in Japan. 
They normally work at Isuzu Motors Limited (IML) in Japan where their 
duties involve developing, designing, and/or testing engines for CMVs 
that will be manufactured, assembled, sold or primarily used in the 
United States. Isuzu states the exemption is necessary in order to 
allow the required testing of CMVs in various climatic and 
environmental conditions within the United States. Isuzu also states 
the written and driving tests and training program that Japanese 
drivers must undergo for a Japanese CDL, ensure a level of safety that 
is equivalent to, or greater than, the level of safety that would be 
obtained by complying with the regulation. If granted, the exemption 
would preempt inconsistent State and local requirements applicable to 
both interstate and intrastate commerce.

DATES: Please submit comments by May 30, 2003.

ADDRESSES: Submit comments by mail or messenger service to the U.S. 
Department of Transportation, Dockets Management System, 400 Seventh 
Street, SW., Room Plaza Level-401, Washington, DC 20590-0001. To 
receive confirmation of receipt of your written comments, include a 
self-addressed, stamped postcard. You may submit comments 
electronically to the Dockets Management System (DMS) Web site at 
http://dms.dot.gov, and click on comments/submissions; or by fax to 
(202) 493-2251. Be sure your comments refer to docket number FMCSA-
2003-14652.
    All comments and material received from the public, as well as this 
notice and the application mentioned in the notice, are available for 
review in the public docket. You may inspect or copy documents at the 
Dockets Management Facility at the above address between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also view 
and copy documents through the DMS Web site at http://dms.dot.gov, and 
click on simple search.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, (202) 366-2990, 
Office of Bus and Truck Standards and

[[Page 23175]]

Operations (MC-PSP); or Mr. Joseph Solomey, (202) 366-1374, Office of 
the Chief Counsel (MC-CC), Federal Motor Carrier Safety Administration, 
DOT, 400 Seventh Street, SW., Washington, DC 20590. Office hours are 
from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Sections 31315 and 31136 of title 49 of the United States Code 
(U.S.C.) provide the FMCSA with authority to grant exemptions from 
certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). 
An exemption provides relief to a person or class of persons subject to 
the regulations for up to two years, and may be renewed. These 
provisions also require the exemption to achieve a level of safety that 
is equivalent to, or greater than, the level of safety that would be 
obtained if the applicant complied with the regulations.
    On December 8, 1998, FMCSA published an interim final rule 
implementing section 4007 of the Transportation Equity Act for the 21st 
century (TEA-21) (codified at 49 U.S.C. 31315 (see 63 FR 67600)). The 
regulations at 49 CFR part 381 establish the procedures to be followed 
to request waivers and to apply for exemptions from the FMCSRs, and the 
provisions used to process them.
    The agency must publish a notice in the Federal Register for each 
exemption requested, explaining that the request has been filed, 
providing the public with an opportunity to inspect the safety analysis 
and any other relevant information known to the agency; and provide an 
opportunity for public comment on the exemption. (See 49 U.S.C. 
31315(b) and 49 CFR 381.315).
    Before granting a request for an exemption, the agency must publish 
a notice in the Federal Register identifying: (1) Who would receive the 
exemption, (2) what regulation would be covered by the exemption, (3) 
how long the exemption would be in effect, and (4) all terms and 
conditions of the exemption. The terms and conditions established by 
the FMCSA must ensure that the exemption will likely achieve a level of 
safety that is equivalent to, or greater than, the level that would be 
achieved by complying with the regulation.

Isuzu Application for an Exemption

    Isuzu Motors America, Inc. (Isuzu) applied for an exemption from 
the commercial driver's licensing rules, specifically 49 CFR 383.23, 
which provides licensing requirements for drivers operating CMVs in 
interstate commerce. Isuzu is seeking this exemption because the 
drivers it employs are citizens and residents of Japan.
    FMCSA is responsible for the administration and enforcement of the 
FMCSRs, including the commercial driver's license requirements. Section 
383.23(a)(2) states that no person shall operate a CMV unless such 
person possesses a CDL issued by his or her jurisdiction of domicile. 
There is an exception to this rule which states that CMV drivers 
domiciled in other jurisdictions that do not test drivers and issue 
licenses in accordance with Federal regulations must obtain a 
nonresident CDL from a State which does comply with the Federal testing 
and licensing standards.
    The drivers working for Isuzu hold current commercial licenses 
issued by the Japanese authorities and meet testing and driver 
qualification standards, including medical examinations, which are 
comparable to those administered by jurisdictions in the United States 
to applicants for State-issued CDLs. The Japanese-issued license 
indicates that the drivers have the knowledge and skills necessary to 
comply with the agency's rules. A copy of the application is in the 
docket identified at the beginning of this notice.
    The exemption would allow the following drivers to operate tractor 
trailer combination vehicles in interstate commerce as part of a team 
of drivers who develop, design and/or test engines for CMVs that will 
be manufactured, assembled, sold or primarily used in the United 
States: Shintaro Moroi, Shigeru Takamatsu, Norio Takeda, Takeshi 
Yamagishi, Satoru Amemiya, Toshiya Asari, Yasunori Fujita, Shiro 
Fukuda, Tetsuya Hiromatsu, Kazunori Ligo, Masao Inoue, Akihuro 
Kashiwakura, Kinya Kitamura, Tsuyoshi Koyama, Takao Kudo, Wataru 
Kumakura, Yoshihiko Matsubara, Nobuyuki Miyazaki, Ryo Natsume, Motoki 
Nishi, Takuo Nishi, Fumio Oota, Masuru Otsu, Toshimitsu Sato, Kazuyoshi 
Shimamura, Masahito Suzuki, Yasuhito Tahara, Hiroyoshi Takahashi, 
Takashi Tanabe, Takehito Yaguchi, and Tsutomu Yamazaki.
    The vehicles these drivers intend to operate will be tested in 
various climates and highway conditions in the states of Arizona, 
California, Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, 
Nebraska, Nevada, Ohio, Utah and Wyoming.
    These drivers are a team of designers, currently employed by IML in 
Japan, who want to drive CMVs in the United States to test and evaluate 
production and prototype CMVs in order to design safe and well-tested 
vehicles for use on U.S. highways. They are fully qualified CMV 
operators with valid Japanese-issued commercial licenses. The company 
ensures that the qualifications are maintained and all current Japanese 
laws are followed. Due to strict regulations in Japan for drivers 
holding Japanese-issued licenses and extensive CMV training and 
experience, Isuzu Motors America, Inc. believes that the exemption is 
likely to achieve a level of safety equivalent to the level of safety 
that would be obtained absent the exemption.
    Isuzu does not anticipate any adverse safety impacts from this 
exemption due to the fact that Japanese authorities adhere to very 
strict commercial driver testing and licensing procedures.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying to obtain a Japanese-issued commercial license 
must take both a knowledge test and skills test before a license to 
operate CMVs is issued. Prior to taking the tests, drivers are required 
to hold a conventional driver's license for at least three years. The 
process for obtaining a Japanese-issued commercial license is very 
rigorous and comprehensive, and Isuzu considers it to be comparable to, 
or as effective as the requirements of part 383 of the Federal 
requirements and adequately assesses the driver's ability to operate 
CMVs in the United States.
    Once a Japanese driver is granted a commercial license, he/she is 
allowed to drive any CMV currently allowed on Japan roads. There are no 
limits to types or weights of vehicles that may be operated by the 
drivers. The drivers affected by the exemption will be operating 
tractor-trailer units. These vehicles will not be used for transporting 
merchandise as a commercial activity. It is estimated that each driver 
will drive approximately 5,000 miles on U.S. roads.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment from all interested persons on Isuzu's 
application for an exemption from the CDL requirement of 49 CFR 383.23. 
The agency may grant or deny the application based on the comments 
received and any other relevant information that is available to the 
agency. Comments received after the comment closing date will be filed 
in the public docket and will be considered to the extent practicable, 
but

[[Page 23176]]

FMCSA may make its decision at any time after the close of the comment 
period. In addition to late comments, FMCSA will also continue to file, 
in the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should continue to examine 
the public docket for new material.

    Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.

    Issued on: April 23, 2003.
Annette M. Sandberg,
Acting Administrator.
[FR Doc. 03-10571 Filed 4-29-03; 8:45 am]
BILLING CODE 4910-EX-P