[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Notices]
[Page 15933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6141]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-14652]


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

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew Isuzu Motors 
America, Inc.'s (Isuzu) exemption for 19 of its drivers to enable them 
to test-drive commercial motor vehicles (CMVs) in the United States 
without a commercial driver's license (CDL) issued by one of the 
States. Following the renewal one comment to the public docket was 
received. The Agency has considered the comment and continues to 
believe the knowledge and skills testing and training program that 
drivers must undergo to obtain a Japanese CDL ensures that each of 
these 19 drivers will achieve a level of safety that is equivalent to, 
or greater than, the level of safety achieved without the exemption. 
The Agency therefore declines to rescind or change the terms of the 
exemption.

DATES: This exemption is effective from June 21, 2006 through June 20, 
2008.

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, 400 
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant or renew an 
exemption from the CDL requirements in 49 CFR 383.23 for a maximum two-
year period if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved absent such exemption'' (49 CFR 381.305 (a)). FMCSA 
evaluated Isuzu's application on its merits and decided to grant the 
renewal of the exemption for 19 of Isuzu's engineers and technicians 
for a two-year period, effective June 21, 2006 as previously announced 
in the Federal Register (71 FR 35726, June 21, 2006).

Isuzu Application for Renewal of Exemption

    Isuzu applied for renewal of an exemption from the 49 CFR 383.23 
requirement that the operator of a CMV obtain a CDL. This section sets 
forth the standards that States must employ in issuing CDLs to drivers 
operating in commerce. In the United States, an individual must be a 
resident of a State in order to qualify for a CDL; \1\ the Isuzu 
drivers for whom this exemption was sought are all residents of Japan. 
A copy of the Isuzu request for exemption from section 383.23 is in the 
docket identified at the beginning of this notice.
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    \1\ Although 49 CFR 393.23 indicates that these drivers could 
obtain a Nonresident CDL, very few States are currently issuing 
Nonresident CDLs due to security concerns.
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Japanese Drivers

    The exemption granted in 2006 enables 19 drivers to test-drive in 
the United States Isuzu CMVs that are assembled, sold or primarily used 
in the U.S.
    Collectively, these drivers form a team of mechanics, vehicle test 
engineers, technicians and other employees.

Comments

    The Agency received one comment in response to its request for 
public comments on this renewal (71 FR 35726, June 21, 2006). The 
commenter objected to the renewal based on the Japanese drivers' 
potential lack of familiarity with United States highway and traffic 
conditions, and the operation of vehicles with steering wheels on the 
left side.

FMCSA Response

    FMCSA does not agree with the objection. This is a renewal of a 2-
year exemption. These drivers operated in the U.S. during the original 
exemption period, and Isuzu reported in its application for renewal 
that none of them received any traffic citations or was involved in any 
accidents from the time of the original exemption on October 16, 2003, 
through the date of its application for renewal.

FMCSA Decision

    The FMCSA decision to grant the request to renew the exemption from 
section 383.23 was based on the merits of the application for exemption 
and the rigorous knowledge and skills testing of Japanese drivers 
concerning the safe operation of CMVs. All available evidence indicates 
that the 19 drivers covered by the exemption continue to operate as 
safely as they would have by complying with U.S. CDL regulations.
    Unless these drivers fail to maintain the conditions specified in 
the June 21, 2006, decision, the exemption will remain in effect 
through June 20, 2008.

    Issued on: March 28, 2007.
Rose A. McMurray,
Chief Safety Officer, Assistant Administrator.
 [FR Doc. E7-6141 Filed 4-2-07; 8:45 am]
BILLING CODE 4910-EX-P