[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 50065-50067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19639]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-25290]


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

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 Isuzu Motors America (Isuzu) has applied 
for an exemption from the Federal requirement for a driver of a 
commercial motor vehicle (CMV) to hold a commercial driver's license 
(CDL). Isuzu requests that the exemption cover 27 of its commercial 
motor vehicle (CMV) drivers who will test-drive CMVs for Isuzu in the 
United States. Each of these 27 Isuzu employees holds a valid Japanese 
CDL but lacks the U.S. residency necessary to obtain a CDL from one of 
the States of the U.S. Isuzu believes the knowledge and skills tests 
and training program that drivers 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 that would be 
obtained by complying with the exemption.

DATES: Comments must be received on or before September 24, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number [FMCSA-2003-25290] by any of the following 
methods:
     Web site: 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 W-12-140, 1200 New Jersey Avenue, SE., 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 on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to 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 www.regulations.gov at any time or to the 
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.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of the 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 19477) or you may visit 
www.regulations.gov.
    Public Participation: The 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 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.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR 
381.315(a)). The Agency must provide the public an opportunity to 
inspect the information relevant to the application, including any 
safety analyses. The Agency must also provide an opportunity for public 
comment on the application.
    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by complying with the current regulation (49 CFR 381.305). The 
decision of the Agency must be published in the Federal Register (49 
CFR 381.315(b)) with the reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is granted. The 
notice must also specify the effective period of the exemption (up to 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Isuzu has applied for an exemption from the commercial driver's 
license (CDL) rules, specifically 49 CFR 383.23 that prescribes 
licensing requirements for drivers operating commercial motor vehicles 
(CMVs) in interstate or intrastate commerce. Isuzu requests the 
exemption because its driver-employees are citizens and residents of 
Japan, and because they cannot apply for a CDL in any of the United 
States. A copy of the application is in Docket No. FMCSA-2003-25290. 
The exemption would allow 27 drivers to operate CMVs in interstate 
commerce as a team, testing and evaluating production and prototype 
commercial motor vehicles in the United States in order to assist in 
the design of safe vehicles for sale in the United States.
    The drivers are: Yasushi Akazawa, Kenji Takashima, Kunihisa Nagata, 
Hidenori Seki, Toshihiko Morikawa, Koichi Uneo, Atsushi Fujiwara, 
Katsushi Suzuki, Mitsugu Yamamoto, Takashi Nakaya, Takahisa Chiba, 
Shigeru Kitano, Daisuke Mori, Takahiro Kakizaki, Takamasa Ono, Koichi 
Sekine, Shinichi Takahashi, Shinya Ogawa, Masamitsu Oohata, Tamotsu 
Watanabe,Masahito Suzuki, Kazuya Suwa, Hiroshi Yokobori, Tatsuji 
Kitamura, Shinichi Ishiguro, Takashi Hiromatsu, and Jun Mizushima.
    Each driver holds a valid Japanese CDL, and as explained by Isuzu 
in previous exemption requests, drivers applying for a Japanese-issued 
CDL must undergo a training program and pass knowledge and skills 
tests. Isuzu also stated in prior exemption requests that the knowledge 
and skills tests and training program that Japanese drivers undergo to 
obtain a Japanese CDL ensure the exemption provides 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.
    FMCSA has previously determined the process for obtaining a 
Japanese CDL is comparable to, or as effective as, the Federal CDL 
knowledge and skills requirements of 49 CFR part 383 as enforced by the 
States, and adequately assesses the driver's ability to operate CMVs in 
the U.S. The initial notice of a similar nature was published by FMCSA 
on October 16, 2003, granting this exemption to Isuzu for 31 Japanese 
CDL drivers (68 FR 59677).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Isuzu's application for an exemption from 
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[[Page 50067]]

CDL requirements of49 CFR 383.23. The Agency will consider all comments 
received by close of business on September 24, 2008. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will consider to the 
extent practicable comments received in the public docket after the 
closing date of the comment period.

    Issued on August 18, 2008.
 Larry W. Minor,
 Associate Administrator for Policy and Program Development.
[FR Doc. E8-19639 Filed 8-22-08; 8:45 am]
BILLING CODE 4910-EX-P