[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16870-16871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6240]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-25290]


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; granting of application for 
exemption.

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SUMMARY: FMCSA announces its decision to approve Isuzu Motors America, 
Inc.'s (Isuzu) application for an exemption for 76 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. The Isuzu CMVs are prototypes that require testing under 
U.S. climatic conditions prior to being placed on the U.S. market. Each 
of these drivers holds a CDL issued in Japan, but lacks the U.S. 
residency necessary to obtain a CDL issued by one of the States of the 
United States. FMCSA believes the knowledge and skills testing and 
training program that drivers must undergo to obtain a Japanese CDL 
ensures that these drivers will achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

DATES: This decision is effective April 5, 2007.

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 an exemption 
from the CDL requirements in 49 CFR 383.23 for a 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 has evaluated Isuzu's 
application on its merits and decided to grant the exemption for 76 of 
Isuzu's engineers and technicians for a two-year period.

Isuzu Application for an Exemption

    Isuzu applied for an exemption from the requirement that the 
operator of a CMV obtain a CDL, specifically 49 CFR 383.23. This 
section of the Federal Motor Carrier Safety Regulations (FMCSRs) 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 is sought are all residents of Japan. A 
copy of the 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, few States are currently issuing 
Nonresident CDLs due to security concerns.
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Japanese Drivers

    This exemption enables the following drivers to test-drive CMVs in 
the U.S.: Aihara Hirokazu, Akira Iiduka, Akira Yoshino, Atsushi 
Hirotsu, Atsushi Yamazaki, Chito Agatsuma, Fuki Yokoyama, Fumiaki Kubo, 
Fumiaki Takei, Fuyuki Hamanaka, Go Shinozuka, Hideki Shibata, Hiroaki 
Kurata, Hiroaki Takahashi, Hiromasa Narita, Hiroshi Osada, Hiroyoshi 
Morohoshi, Hisashi Hashiguchi, Ichirou Watanabe, Jirou Arai, Junichi 
Yamada, Jyunichi Suda, Kakuya Sekimoto, Kazuhiro Itou, Kazuhiro 
Teraguchi, Kazuyoshi Tateishi, Ken Ueda, Kenji Takashima, Kiyoaki 
Nokura, Kiyoshi Toshima, Kohki Natsumi, Manabu Andou, Masaaki Toriyama, 
Masahiko Gotou, Masahito Katou, Masayuki Tanaka, Minoru Endou, Misturu 
Denpouy, Mitsugu Sugiura, Motoyuki Kamo, Naoki Morimoto, Naomi Uchida, 
Naoyuki Itou, Noboru Azuma, Nobuhisa Okuda, Nobuyuki Iwao, Ryo Sato, 
Ryouji Matsuzawa, Satoshi Yatomi, Shigeo Shimada, Shinya Ishida, Syouji 
Takahashi, Tadao Shibuya, Tadashi Shoda, Takahiro Maemoto, Takashi 
Oguma, Takatomo Omukai, Takauki Asaoka, Takayuki Kaneda, Takeshi Kamei, 
Tatsumi Wakamori, Tatsuya Kawase, Tatsuya Sakata, Tetsuji Oshima, 
Tetuya Hiromatsu, Toshiaki Shimizu, Toshihiko Sudo, Tsuchida Minoru, 
Tsugio Fujita, Yasuhiro Sakai, Yasuo Tamamoto, Yasuyuki Fujita, 
Yoshiaki Miyamoto, Yoshinori Kunieda, Yoshinori Ugai and Youcihi 
Kurita.
    Collectively, these drivers form a team of engineers and 
technicians. Isuzu currently employs these drivers in Japan, and wants 
them to be able to operate CMVs in the U.S. for the purpose of testing 
and evaluating production and prototype Isuzu CMVs

[[Page 16871]]

to be sold for use on U.S. highways. The drivers are experienced CMV 
operators with valid Japanese-issued CDLs. Because each of the drivers 
was required to satisfy strict CDL testing standards in Japan to obtain 
a CDL, and has extensive training and experience operating CMVs, Isuzu 
believes that the exemption will maintain 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 in Japan must hold a conventional driver's license for at 
least three years before applying to obtain a Japanese-issued CDL. At 
that point, they must take and pass both a knowledge test and a skills 
test in order to obtain a license to operate CMVs. These tests 
thoroughly assess the driver's ability to operate a CMV, and are 
comparable to the tests administered to CDL applicants in the United 
States. Once a driver is granted a Japanese CDL, he or she is allowed 
to drive any CMV currently allowed on Japanese roads. There are no 
limits to types or weights of vehicles that may be operated by the 
drivers.
    Therefore, the process for obtaining a Japanese-issued CDL is 
considered to be comparable to, or as effective as, the requirements of 
49 CFR part 383.

Comments

    The Agency received one comment in response to its request for 
public comments (71 FR 42170, July 25, 2006). The commenter recommended 
that Isuzu use U.S. drivers for this testing. The commenter did not 
provide a substantive basis for this opinion. The docket number of this 
matter is referenced at the beginning of this notice.

FMCSA Decision

    The FMCSA decision to grant these drivers an exemption from section 
383.23 is based on the merits of the application for exemption, the 
rigorous knowledge and skills testing of Japanese drivers concerning 
the safe operation of CMVs, and consideration of the comment submitted 
in response to the public notice.

Terms and Conditions for the Exemption

    After considering the comment to the docket and based upon 
evaluation of the application for an exemption, FMCSA grants Isuzu an 
exemption from the Federal commercial driver's license requirement in 
49 CFR 383.23 for 76 drivers, identified under the ``Japanese Drivers'' 
heading above, to test-drive CMVs within the United States, subject to 
the following terms and conditions: (1) That these drivers will be 
subject to drug and alcohol regulations, including testing, as provided 
in 49 CFR part 382, (2) that these drivers are subject to the same 
driver disqualification rules under 49 CFR parts 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 Isuzu notify FMCSA 
in writing of any accident, as defined in 49 CFR 390.5, involving one 
of the exempted drivers, and (5) that Isuzu notify FMCSA in writing if 
any driver is convicted of a disqualifying offense described in section 
383.51 or 391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 2 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) The drivers for Isuzu 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. 31315 and 31136.

    Issued on: March 30, 2007.
John H. Hill,
Administrator.
 [FR Doc. E7-6240 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-EX-P