[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 77090-77091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21913]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


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: The FMCSA announces that Volvo Trucks North America, Inc. 
(Volvo) has applied for an exemption from the Federal requirement that 
drivers of commercial motor vehicles (CMVs) have a commercial driver's 
license (CDL). Volvo requests that the exemption cover three Swedish 
engineers who will test-drive CMVs for Volvo within the United States. 
Each of the three Volvo employees currently holds a Swedish CDL. Volvo 
states that it requests the exemption to support Volvo field tests on 
future air-quality standards and to evaluate the performance of Volvo 
vehicles in ``real world'' environments.

DATES: Comments must be received on or before January 22, 2007.

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 five digits of Docket No. FMCSA-
2006-25756, 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; or
     Federal eRulemaking Portal at http://www.regulations.gov 
following the online 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 by mail or hand delivery, 
please include a self-addressed, stamped envelope or postcard. If you 
submit comments on line, you will be provided an opportunity to print 
an acknowledgement page.
    Privacy Act: Anyone may view or download comments submitted in any 
of DOT's dockets by searching under 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].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration (FMCSA) may grant 
exemptions from its safety regulations based on 49 U.S.C. Chapter 313 
and 31136. The Agency has published procedures for submission and 
handling of requests for exemption (49 CFR Part 381). Upon receipt of a 
request, FMCSA must publish a notice of it in the Federal Register. 
This provides the public an opportunity to inspect the information 
relevant to the application, including any safety analyses that have 
been conducted, and to comment on the request for exemption.
    The Agency must 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). If this standard 
is not satisfied, we cannot grant the request. The FMCSA 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 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. An exemption may be renewed (49 CFR 381.300(b)).

[[Page 77091]]

    On two recent occasions, FMCSA has published notices concerning 
similar Volvo requests. The first notice was the granting of an 
exemption to Volvo for 11 Swedish CDL drivers permitting them to 
operate CMVs in the United States (71 FR 27780, May 12, 2006). The 
second notice sought public comment on another application by Volvo 
seeking exemption for seven Swedish CDL drivers for similar purposes 
(71 FR 45095, August 8, 2006).

Volvo's Application for Exemption

    Volvo has applied for an exemption from 49 CFR 383.23, one of the 
CDL rules. This section sets forth the licensing requirements for 
drivers operating CMVs in excess of 26,000 pounds gross vehicle weight 
rating in interstate or intrastate commerce. Volvo wishes to operate 
such CMVs in the United States and requests an exemption because its 
driver-employees are citizens and residents of Sweden and as such 
cannot obtain a CDL in any State of the United States. A copy of the 
application is in Docket No. FMCSA-2006-25756.
    The exemption would allow three drivers to operate CMVs as part of 
a team of drivers supporting a Volvo field test of U.S. air-quality 
standards and test-driving prototype Volvo vehicles. Locations include 
Volvo's test site and the vicinity of Phoenix, Arizona, thereby 
allowing Volvo to obtain test results in ``real world'' environments.
    The drivers are: Hans Leif Esbjorn Berg, Lars Ingemar Karlsson, and 
Rolf Stefan Wikner. Each holds a valid Swedish CDL and has driving 
experience in large trucks. Volvo has submitted a copy of the Swedish 
driving record of each of these drivers, and each has a driving record 
free of violations.
    The FMCSA has previously determined that the process for obtaining 
a Swedish-issued CDL adequately assesses the driver's ability to 
operate CMVs in the United States. The standards for a Swedish CDL are 
comparable to, and as demanding as, the Federal requirements of Part 
383.

Request for Comments

    FMCSA requests public comment from all interested persons on 
Volvo's application for an exemption for these three drivers from the 
CDL requirement 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 January 22, 2007. 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: December 15, 2006.
John H. Hill,
Administrator.
 [FR Doc. E6-21913 Filed 12-21-06; 8:45 am]
BILLING CODE 4910-EX-P