[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45095-45096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12849]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24932]


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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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 seven Swedish 
engineers and technicians who will test-drive CMVs for Volvo within the 
United States. All seven Volvo employees hold a valid Swedish CDL. 
Volvo states the exemption is needed to support a Volvo field test to 
meet future air quality

[[Page 45096]]

standards, and to test-drive Volvo prototype vehicles to verify results 
in ``real world'' environments. 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. requirements for a CDL.

DATES: Comments must be received on or before September 7, 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 the Docket No. FMCSA-
2006-24932, and following the online 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 at http://www.regulations.gov 
following the online instructions for submitting comments; or
    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 per year. If you want to 
be notified that we received your comments by mail or hand delivery, 
please include a self-addressed, stamped envelope or postcard, or you 
can print an acknowledgement page if submitting comments online.
    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. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, DOT, 
400 Seventh Street, SW., Washington, DC 20590; Telephone: 202-366-4009; 
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), Pub. L. 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). In 
accordance with the implementing regulations under 49 CFR 381.315(a), 
FMCSA must publish a notice of each exemption request in the Federal 
Register. 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)).
    On February 9, 2006, FMCSA published in the Federal Register notice 
of a similar request from Volvo Trucks North America, Inc. (Volvo) for 
an exemption for different drivers than those listed on this request 
(71 FR 6822). On May 12, 2006, FMCSA published in the Federal Register 
(71 FR 27780) a notice granting that exemption. This, however, is a 
notice of application by Volvo for exemption of additional drivers and, 
we are requesting comment on this notice.

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, which prescribes 
licensing requirements for drivers operating commercial motor vehicles 
(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 in any of the United 
States. A copy of the application is in Docket No. FMCSA-2006-24932.
    The exemption would allow seven drivers to operate CMVs in 
interstate commerce as part of a team of drivers who will support a 
Volvo field test to meet future air quality standards, and to test-
drive Volvo prototype vehicles at its test site and in the vicinity of 
Phoenix, Arizona, to verify vehicle results in ``real world'' 
environments. The drivers are: Freddy Blixt, Goran Alsen, Kjell 
Jansson, Johnny Adolfsson, Lars Svensson, Peter Hofsten, and Thorbjorn 
Ohlund.
    Each driver holds a valid Swedish CDL, and according to Volvo, 
drivers applying for a Swedish-issued CDL must undergo a training 
program and pass knowledge and skills tests. Volvo believes the 
knowledge and skills tests and training program that Swedish drivers 
undergo to obtain a Swedish CDL ensure 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.
    After a Swedish driver is granted a Swedish CDL, he or 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.
    FMCSA has previously determined the process for obtaining a 
Swedish-issued CDL is comparable to, or as effective as the Federal 
requirements under Part 383, and adequately assesses a driver's ability 
to operate CMVs in the United States.

Request for Comments

    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 September 7, 2006. 
Comments will be available for examination in the docket. We will 
consider comments received after the comment closing date to the extent 
practicable.

    Issued on: August 2, 2006.
David H. Hugel,
Acting Administrator.
[FR Doc. E6-12849 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-EX-P