[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Notices]
[Pages 6822-6824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1755]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22938]


Commercial Driver's License Standards; Application for Exemption; 
Volvo Trucks North America, Inc.

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

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

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[[Page 6823]]

SUMMARY: FMCSA announces that Volvo Trucks North America, Inc. (Volvo) 
has applied for an exemption from the Federal requirement for drivers 
of commercial motor vehicles (CMVs) to hold a commercial driver's 
license (CDL). Volvo requests that the exemption cover 11 Swedish 
engineers and technicians who will test-drive CMVs for Volvo within the 
United States. All 11 Volvo employees hold a valid Swedish CDL. Volvo 
states the exemption is needed to allow required testing of its CMVs 
under various climatic and environmental conditions within the United 
States. Volvo believes the knowledge and skills tests and training 
program that Swedish drivers undergo to obtain a Swedish CDL ensures 
the exemption would provide 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.

DATES: Comments must be received on or before March 13, 2006.

ADDRESSES: Your comments may be submitted by any of the following 
methods:
    Docket Management System (DMS) Web site at http://dmses.dot.gov/submit, under the last 5 digits of Docket No. FMCSA-2005-22938, and 
following the on-line instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the Plaza Level, 400 Seventh Street, 
SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
DMS is available 24 hours each day, 365 days each year. If you want to 
be notified that we received your comments, please include a self-
addressed, stamped envelope or postcard, or you can print the 
acknowledgement page that appears after submitting comments on-line.
    Privacy Act: Anyone may view or download comments submitted in any 
of DOT's dockets by the name of the commenter or name of the person 
signing the comment (if submitted on behalf of an association, 
business, labor union, or other entity). You may view DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 at 65 FR 19477. It is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Van Ness, (202) 366-4009, 
Office of Bus and Truck Standards and Operations (MC-PSV), Federal 
Motor Carrier Safety Administration, DOT, 400 Seventh Street, SW., 
Washington, DC 20590; or e-mail: [email protected]. Office 
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA-21), Public Law 105-178, 112 Stat. 107 (June 9, 1998), which 
amended 49 U.S.C. 31315 and 31136(e), authorizes the agency to grant 
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). 
On December 8, 1998 (63 FR 67600), the Federal Highway Administration's 
Office of Motor Carriers, predecessor of FMCSA, published an interim 
final rule to implement section 4007 of TEA-21. On August 20, 2004 (69 
FR 51589), FMCSA adopted as final the interim regulations at 49 CFR 
part 381. These regulations require FMCSA to publish a notice of each 
exemption request in the Federal Register, 49 CFR 381.315(a). We must 
provide the public an opportunity to inspect the information relevant 
to the application, including any safety analyses that have been 
conducted. We must also provide an opportunity for public comment on 
the request.
    We will review the safety analyses and the public comments and 
determine 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. We must publish the 
agency's decision in the Federal Register, 49 CFR 381.315(b). If the 
agency denies the request, we must state the reason for doing so. If 
the agency grants the exemption, we must publish a notice to: specify 
the person or class of persons receiving the exemption; the regulatory 
provision or provisions from which exemption is being granted; the 
effective period of the exemption (up to 2 years); and the terms and 
conditions of the exemption. The exemption may be renewed, 49 CFR 
381.300(b).

Volvo Trucks North America, Inc.'s Application for an Exemption

    Volvo has applied for an exemption from the commercial driver's 
license (CDL) rules. Specifically, 49 CFR 383.23 prescribes licensing 
requirements for drivers operating CMVs in interstate or intrastate 
commerce. Volvo requests the exemption because its driver-employees are 
citizens and residents of Sweden, and because they cannot apply for a 
CDL from a State in the United States. A copy of the application is in 
Docket No. FMCSA-2005-22938.
    The exemption would allow the following 11 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: Christer Milding, Jonas Gustafsson, Sten-Ake Sandberg, Daniel 
Kanebratt, Per Urban Walter, Dennis Mattsson, Fredrik Wattwil, Jonas 
Nilsson, Bjorn Nyman, Lars Johansson, and David Aas.
    These drivers are a team of designers employed by Volvo in Sweden, 
that would operate CMVs in the United States for the purpose of testing 
and evaluating production and prototype CMVs to ensure the vehicles are 
well-tested for use on U.S. highways. Each driver holds a valid Swedish 
CDL. Because of strict Swedish regulations for obtaining a CDL and the 
drivers' level of training and experience, Volvo believes the exemption 
will likely achieve a level of safety equivalent to, or greater than, 
the level of safety that would be obtained absent the exemption.
    Volvo explained that drivers applying for a Swedish-issued CDL must 
pass knowledge and skills tests. Therefore, the process for obtaining a 
Swedish-issued CDL is considered to be comparable to, or as effective 
as the Federal requirements of Part 383, and adequately assesses the 
driver's ability to operate CMVs in the United States.
    Once a Swedish driver is granted a Swedish CDL, he/she is allowed 
to drive any CMV currently allowed on Swedish roads. There are no 
limits to types or weights of vehicles that may be operated by the 
drivers.

Request for Comments

    Accordingly, FMCSA requests public comment from all interested 
persons on Volvo's application for an exemption from the CDL 
requirements of 49 CFR 383.23. See 49 U.S.C. 31315(b)(4) and 31136(e). 
The agency will consider all comments received by close of business on 
March 13, 2006. Comments will be

[[Page 6824]]

available for examination in the docket. We will consider comments 
received after the comment closing date to the extent practicable.

    Issued on: February 2, 2006.
Annette M. Sandberg,
Administrator.
[FR Doc. E6-1755 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-EX-P