[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Pages 27780-27781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7300]



[[Page 27780]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2005-22938]


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

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

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

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SUMMARY: FMCSA announces its decision to grant Volvo Trucks North 
America, Inc's. (Volvo), application for an exemption from the Agency's 
requirement for drivers of commercial motor vehicles (CMVs) to hold a 
commercial driver's license (CDL). Volvo requested an exemption for 11 
Swedish engineers and technicians who will test drive CMVs in the 
United States (U.S.) for Volvo. All of the individuals hold a valid 
Swedish CDL and have been trained to drive CMVs in Sweden. The 
individuals normally work at Volvo in Sweden where their duties involve 
developing, designing, and testing engines for CMVs that will be 
manufactured, assembled, sold, or primarily used in the U.S. FMCSA 
believes the terms and conditions of the exemption will ensure that the 
level of safety for the drivers is equivalent to or greater than the 
level of safety that would be achieved by complying with the Federal 
regulations. The exemption will preempt inconsistent State requirements 
applicable to interstate commerce.

DATES: The exemption is effective May 12, 2006. The exemption expires 
May 12, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey J. Van Ness, (202) 366-
8802, Office of Bus and Truck Standards and Operations (MC-PSV), 
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 31136 and 31315 of Title 49, United States Code (U.S.C.) 
authorize FMCSA to grant exemptions from the Federal Motor Carrier 
Safety Regulations (FMCSRs). An exemption provides relief from one or 
more FMCSRs to a person or class of persons subject to the regulations. 
An exemption lasts for up to 2 years, and may be renewed. When 
evaluating applications, these sections also require the Agency to 
consider whether the terms and conditions for the exemptions would 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety that would be obtained by complying with the 
regulations.
    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)(4) and 49 CFR part 381.315). The notice must state: (1) Who 
will receive the exemption, (2) what regulation is covered by the 
exemption, (3) how long the exemption is in effect, and (4) all terms 
and conditions of the exemption. complying with the regulation.

Volvo Application for an Exemption

    Volvo 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 and intrastate 
commerce. Volvo requested the exemption because the drivers they employ 
are citizens and residents of Sweden and may not apply for a CDL from a 
State in the United States. 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 and intrastate commerce as 
part of a team of drivers to 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, Urban Walter, Dennis Mattsson, Fredrik 
Wattwill, Jonas Nilsson, Bjorn Nyman, Lars Johansson and David Aas.
    These drivers are a team of designers, currently employed by Volvo 
in Sweden, who want to drive CMVs in the U.S. to test and evaluate 
prototype and production CMVs in order to design safe and well-tested 
vehicles for use on U.S. highways. They are fully qualified CMV 
operators with valid Swedish CDLs. The company ensures that driver 
qualifications are maintained and all current Swedish laws are 
followed. Due to strict licencing and testing regulations in Sweden for 
drivers who seek CDLs, and the extensive CMV training and experience of 
these II drivers, Volvo 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.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying to obtain a Swedish CDL must take both a knowledge 
test and skills test before a license to operate CMVs is issued. This 
process is considered comparable to, or as effective as, the 
requirements of Part 383 and adequately assesses the driver's ability 
to operate CMVs in the U.S.
    Once a 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.

Discussion of Comments

    On February 9, 2006, FMCSA published a notice that Volvo had 
applied for an exemption on behalf of the above-referenced 11 drivers, 
and requested comments from the public (71 FR 6822). The comment period 
closed on March 13, 2006. FMCSA received five comments, two opposing 
and three supporting the exemption. Barb Sachau opposed granting the 
exemption, stating that she believes there are U.S. drivers that can be 
employed by Volvo to test the vehicles under extreme conditions. She 
believes U.S. drivers are more familiar with local weather conditions, 
and that this familiarity would be an advantage for the testing. She 
also noted that U.S. drivers need the work.
    Eddie Roman opposed the exemption, arguing that allowing it would 
set precedents for other organizations to request similar exemptions, 
and that it would be impossible to cite the Swedish drivers for any 
violations while they are operating on U.S. highways.
    Jeremiah Keller supported granting the exemption as long as the 
Swedish CDL requirements are equivalent to or stricter than U.S. 
requirements. Bryan Montgomery also supported granting the exemption 
because it would allow these engineers and technicians to create the 
safest commercial vehicles. He stated that the requirements to obtain a 
Swedish CDL are equivalent to or greater than the requirements to 
obtain a U.S. CDL, and added that innovation in commercial vehicle 
safety may be shared globally.
    Stephen Hadley favored the exemption, since the expertise and 
experience of these individuals would benefit commercial vehicle 
safety. He added that the exemptions are for short-term test driving 
positions, and thus would not adversely affect the employment of U.S. 
commercial drivers.

[[Page 27781]]

FMCSA Response to the Comments

    Although two commenters opposed granting the exemptions, FMCSA 
believes that granting them would achieve a level of safety equivalent 
to, or greater than, the level of safety that would be achieved by 
complying with the FMCSRs.
    FMCSA has concluded that the drivers for Volvo have the knowledge 
and skills necessary to safely operate CMVs in the U.S. FMCSA 
determined that the Swedish CDLs are comparable to the CDLs issued by 
the various State licensing agencies, CMV drivers in both Sweden and 
the U.S. are given knowledge and skills tests before a CDL is issued. 
There is no data to suggest that familiarity with weather conditions 
within the U.S. provides a driver with an improved degree of safety of 
operation of a CMV. Swedish winter weather is at least as bad as 
anything in this country. These drivers have demonstrated that they can 
safely operate a CMV under a variety of weather conditions. There is no 
readily apparent reason to believe they would be less safe operating a 
CMV under weather conditions found in the U.S.
    FMCSA does not believe granting the exemption will reduce the 
available employment for U.S. drivers. Volvo is requesting this 
exemption for engineers and technicians who are involved in developing, 
designing, and testing engines for CMVs that will be manufactured, 
assembled, sold, or primarily used in the U.S. Consequently, these 
individuals possess a knowledge of the vehicles that is not available 
to U.S. drivers. They are also able to communicate that knowledge among 
themselves, and with other Swedish officials of Volvo in a language not 
familiar to American drivers. These drivers would not transport 
passengers or freight, nor are they paid on a per-mile basis. Both 
their incentives and their opportunities to violate the Federal Motor 
Carrier Safety Regulations are minimal.
    Drivers covered by this exemption continue to be subject to U.S. 
safety regulations and penalties for violating such regulations. As 
part of the terms and conditions of this exemption, the drivers must: 
(1) Comply with controlled substances and alcohol testing regulations 
under 49 CFR 382, (2) meet the same driver qualification and 
disqualification rules under 49 CFR 383 and 391 that apply to other CMV 
drivers in the U.S., and (3) maintain a copy of the exemption on the 
vehicle at all times. Volvo must notify FMCSA in writing (4) of any 
accident, as defined in 49 CFR 390.5, involving a driver covered by 
this exemption, and (5) if any driver is convicted of disqualification 
offenses in 49 CFR 383.51 or 391.15. Violations observed by State or 
local officials may be reported directly to FMCSA. If the violations 
suggest that the terms and conditions of the exemption have not been 
satisfied FMCSA will immediately revoke the exemption as required by 49 
U.S.C. 31315(b)(2). Additionally, FMCSA may revoke the exemption if the 
Volvo's drivers fail to comply with the terms and conditions of the 
exemption, or if the exemptions have resulted in a lower level of 
safety than was maintained by Volvo's test operations before it was 
granted.

Basis for FMCSAs Determination

    FMCSA believes granting the exemption will likely achieve a level 
of safety that is equivalent to, or greater than, the level of safety 
that would be obtained in the absence of the exemption because the 
drivers hold valid Swedish CDLs issued after passing knowledge and 
skills tests comparable to those required of U.S. CDL holders. Volvo's 
drivers are required to meet all applicable FMCSRs, except for having a 
State-issued CDL. Drivers who meet the above license testing and driver 
qualification standards have the experience necessary to operate these 
vehicles.

Terms and Conditions for the Exemption

    After considering the comments to the docket, and based upon its 
evaluation of the application for an exemption, FMCSA grants 11 drivers 
for Volvo an exemption from the Federal commercial driver's license 
requirement in 49 CFR 383.23: Christer Milding, Jonas Gustafsson, Sten-
Ake Sandberg, Daniel Kanebratt, Urban Walter, Dennis Mattsson, Fredrik 
Wattwill, Jonas Nilsson, Bjorn Nyman, Lars Johansson and David Aas. 
They may test drive CMVs within the U.S., subject to the following 
terms and conditions: (1) That these drivers comply with the controlled 
substances and alcohol testing regulations under 49 CFR 382, (2) that 
these drivers meet the same driver qualification and disqualification 
rules under 49 CFR 383 and 391 that apply to other CMV drivers in the 
U.S., (3) that these drivers keep a copy of the exemption on the 
vehicle at all times, (4) that Volvo notify FMCSA in writing of any 
accident, as defined in 49 CFR 390.5, involving a driver covered by 
this exemption and, (5) that Volvo notify FMCSA in writing if any 
driver is convicted of any disqualification offenses in 49 CFR 383.51 
or 391.15.
    In accordance with 49 U.S.C. 31136 and 31315(b)(1) the exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
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. 31136 and 31315.

    Issued on May 8, 2006.
Warren E. Hoemann,
Acting Administrator.
[FR Doc. E6-7300 Filed 5-11-06; 8:45 am]
BILLING CODE 4910-EX-P