[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 38023-38024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14995]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-25290]


Commercial Driver's License Standards; Isuzu Motors America, 
Inc.; Exemption Renewal

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

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA announces its decision to renew Isuzu Motors America, 
Inc.'s (Isuzu) exemption from the Agency's requirement that drivers of 
commercial motor vehicles (CMVs) possess a commercial driver's license 
(CDL) issued in the United States. Isuzu requested that its current 
exemption for 11 Japanese engineers and technicians be renewed to 
enable them to continue test driving CMVs in the U.S. All 11 
individuals are employees of Isuzu and hold a valid Japanese CDL. FMCSA 
believes the knowledge and skills testing and training program that 
Japanese drivers must undergo to obtain a Japanese CDL ensures a level 
of safety that is equivalent to, or greater than, the level of safety 
that would be obtained by complying with the U.S. requirements for a 
CDL.

DATES: This decision is effective July 2, 2008. Comments must be 
received on or before August 1, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2003-25290 by any of the following 
methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information, see the Public Participation heading below. 
Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. 
Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
the ground floor, room W12-140, DOT Building, New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476), or you may visit http://docketsinfo.dot.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA 
Office of Bus and Truck Standards and Operations, Driver and Carrier 
Operations Division, Telephone: 202-366-4325, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315, as referenced in section 31136(e), FMCSA may 
grant an exemption 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.'' Exemptions may be granted 
for up to 2 years from the approval date and may be renewed upon 
application (49 U.S.C. 31315(b)(1)). The procedure for requesting an 
exemption (including a renewal) is prescribed by 49 CFR part 381. FMCSA 
has evaluated Isuzu's application for renewal on its merits and has 
decided to grant renewal of the exemption for 11 of Isuzu's engineers 
and technicians for a 2-year period.

Isuzu Application for an Exemption Renewal

    Isuzu Motors America, Inc. (Isuzu) has applied for the renewal of 
an exemption from 49 CFR 383.23, which sets forth rules applicable to 
drivers operating CMVs in interstate commerce. Isuzu seeks to renew its 
exemption for 11 of 19 drivers previously granted this exemption on 
October 16, 2003 (68 FR 59677). On June 21, 2006, the exemption was 
renewed (71 FR 35725).
    Isuzu is seeking renewal of this exemption because the drivers it 
employs are citizens and residents of Japan, and therefore cannot apply 
for a CDL from a State of the United States. A copy of the request for 
renewal is in the docket identified at the beginning of

[[Page 38024]]

this notice. Renewal of the exemption will enable these 11 drivers to 
continue to operate CMVs as part of a team of drivers to develop, 
design and/or test engines for vehicles that will be manufactured, 
assembled, sold or primarily used in the United States.
    The drivers are: Shiro Fukuda, Wataru Kumakura, Takehito Yaguchi, 
Tsutomu Yamazaki, Toshiya Asari, Shintaro Moroi, Masaru Otsu, Satoru 
Amemiya, Tsuyoshi Koyama, Nobuyuki Miyazaki, and Hiroyoshi Takahashi. 
These drivers are a team of Isuzu engineers and technicians who operate 
CMVs in the United States to test and evaluate production and prototype 
CMVs to be sold for use on U.S. highways. Isuzu estimates that each 
driver will drive approximately 5,000 miles per year on U.S. roads. The 
drivers have valid Japanese-issued CDLs and are experienced CMV 
operators. Each of the drivers satisfied strict standards in order to 
obtain a CDL in Japan, and each has extensive CMV training and 
experience. Isuzu believes that the drivers will continue to achieve a 
level of safety equivalent to the level of safety that would be 
obtained absent the exemption. Isuzu states in its application for 
exemption that none of these drivers received any traffic citations or 
was involved in any accidents from the inception of the exemption on 
October 16, 2003, through the date of this application for renewal.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying to obtain a Japanese-issued CDL must successfully 
pass a knowledge test and a skills test before a license to operate a 
CMV is issued. Prior to taking the tests, drivers are required to hold 
a conventional driver's license for at least three years. Thus, the 
requirements of a Japanese-issued CDL are considered comparable to, or 
at least as effective as, the requirements of 49 CFR part 383. The 
process of licensure in Japan assesses the driver's ability to operate 
a CMV in a manner comparable to the process of licensure employed by 
States of the United States. A driver granted a Japanese CDL may 
legally operate any CMV permitted on the roads of Japan; there are no 
limits on the type or weight of vehicles that may be operated by CMV 
drivers.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Isuzu's request for renewal of the exemption 
of these 11 CMV drivers from the requirements of 49 CFR 383.23. The 
Agency requests that interested parties with specific data concerning 
the safety record of drivers listed in this notice submit comments by 
August 1, 2008. FMCSA will review all comments received by close of 
business on this date. To the extent practicable, the Agency will 
consider comments received in the public docket after this date. 
Comments will be available for examination in the docket as described 
in the ADDRESSES section of this notice.

    Issued on: June 26, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-14995 Filed 7-1-08; 8:45 am]
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