[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 334-335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31364]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25290]


Commercial Driver's License 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: The FMCSA announces its decision to approve Isuzu Motors 
America, Inc.'s (Isuzu), application for an exemption for a period of 2 
years for 27 of its driver-employees who are citizens and residents of 
Japan and hold a Japanese CDL, 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. Isuzu requested the 
exemption so that these driver-employees can operate as a team, 
evaluating and testing production and prototype CMVs in the United 
States in order to assist in the design of safe vehicles for sale in 
the United States. 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 achieved without the exemption.

DATES: This exemption is effective on January 5, 2009 and expires on 
January 5, 2011.

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 and 31136(e), FMCSA may grant an exemption 
for a maximum of 2 years 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 * * *'' 
The procedure for requesting an exemption is prescribed by 49 CFR part 
381. FMCSA has evaluated Isuzu's application on its merits and decided 
to grant the exemption from 49 CFR 383.23 for the 27 Isuzu employees 
listed under ``Japanese Drivers'' below for a 2-year period.

Isuzu Application for an Exemption

    Isuzu has applied for an exemption from the requirement of 49 CFR 
383.23 that operators of CMVs must obtain a CDL from one of the States. 
Specifically, it asks that 27 of its employee-drivers who are citizens 
and residents of Japan and hold a Japanese CDL be permitted to operate 
a CMV in the United States for a period of 2 years. The exemption would 
allow these individuals to test-drive Isuzu CMVs without a CDL issued 
by one of the States. A copy of the request for exemption is in the 
docket identified at the beginning of this notice.

Comments

    On August 25, 2008, FMCSA published a notice of Isuzu's application 
for exemption (73 FR 50065), and requested comments from the public. 
Only one brief comment was received; it urged FMCSA to deny the 
exemption because the author believed that the 27 Isuzu employees 
should be required to comply with the CDL law. The comment did not 
address the qualifications of these employees to operate CMVs, nor did 
it address the core issue as defined by 49 U.S.C. 31315 and 31136(e), 
i.e. whether granting these exemptions will lower the level of safety 
of CDL operations in the U.S. below the level of safety that would be 
experienced if this exemption were denied.

Japanese Drivers

    This exemption enables the following 27 drivers to operate CMVs in 
the U.S. without a CDL for a period of 2 years: 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.

Method To Ensure an Equivalent or Greater Level of Safety

    These Isuzu drivers are citizens and residents of Japan, have valid 
Japanese-issued CDLs, and are experienced CMV operators. 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 3 years. A driver granted a 
Japanese CDL may legally operate any CMV permitted on the roads of 
Japan. Thus, the requirements of a Japanese-issued CDL are considered 
comparable to, or as effective as, the requirements for a U.S. CDL (49 
CFR part 383). Isuzu believes that these drivers will operate in such a 
manner that the level of safety with the exemptions in place will 
equal, or exceed, the level of safety that would be attained in the 
absence of the exemption.

FMCSA Decision

    The FMCSA decision to grant these 27 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 of the Exemption

    Exemption from the requirements of Section 383.23 is granted to the 
27 individuals identified under the ``Japanese Drivers'' heading above, 
subject to the following terms and conditions: (1) That these drivers 
are subject to the 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 United States, (3) that these drivers 
keep a copy of the exemption in the CMV they are driving 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 Federal Motor 
Carrier Safety Regulations.
    The exemption will be revoked if: (1) The Isuzu drivers 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.


[[Page 335]]


    Issued on: December 19, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-31364 Filed 1-2-09; 8:45 am]
BILLING CODE 4910-EX-P