[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Notices]
[Pages 6204-6206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2433]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2006-25756]


Commercial Driver's License (CDL) Standards; Volvo Trucks North 
America, Renewal of Exemption

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 Volvo Trucks North 
America's (Volvo) exemption from the

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Agency's requirement that drivers of commercial motor vehicles (CMVs) 
possess a commercial driver's license (CDL) issued in the United States 
(U.S.). Volvo requested that its exemption for seven Swedish engineers 
and technicians be renewed to enable these individuals to continue test 
driving CMVs in the U.S. All seven individuals are employees of Volvo 
and each holds a valid Swedish CDL. FMCSA believes the knowledge and 
skills testing and training program that Swedish drivers must undergo 
for a Swedish 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 exemption will be effective from April 23, 2009 through 
April 23, 2011. Comments must be received on or before March 9, 2009.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756, by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., 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, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    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://DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is 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 Federal eRulemaking Portal 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. Richard Clemente, 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

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption 
for a maximum 2-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.'' The procedures 
for requesting an exemption (including a renewal) are prescribed in 49 
CFR part 381. FMCSA has evaluated Volvo's application for a renewal on 
its merits and has decided to grant renewal of the exemption for seven 
of Volvo's engineers and technicians for a 2-year period.

Volvo Application for an Exemption Renewal

    Volvo has applied for the renewal of an exemption from the 
commercial driver's licensing rules, specifically 49 CFR 383.23, which 
establishes licensing requirements for drivers operating CMVs in 
interstate commerce. The exemption was originally granted on April 23, 
2007 (72 FR 20166). Volvo is seeking a renewal of this exemption 
because the drivers it employs are citizens and residents of Sweden, 
and as such they cannot apply for a CDL from a State in the U.S. A copy 
of the request for a renewal is in the docket identified at the 
beginning of this notice.
    The renewal of the exemption will enable these seven drivers to 
operate CMVs in the U.S. and continue to support Volvo's field tests to 
meet future clean air standards, to test drive prototype vehicles at 
their test site, and to deliver the vehicles, if necessary. The drivers 
are: Peter Hofsten, Thorbjorn Ohlund, Freddy Blixt, Johnny Adolfsson, 
Goran Alsen, Kjell Jansson, and Lars Svensson.
    Together, these drivers comprise a team of designers, currently 
employed by Volvo in Sweden, who want to continue driving CMVs in the 
U.S., to test and evaluate prototype and production CMVs in order to 
design safe and well-tested vehicles for use on U.S. highways. They are 
experienced CMV operators with valid Swedish-issued CDLs. It is 
estimated that each driver would continue to drive approximately 2,500 
miles per year on U.S. roads. Because each of the drivers was required 
to satisfy strict regulations in Sweden to obtain a CDL, and has 
extensive CMV training and experience, Volvo believes that the renewal 
of the exemption will continue to achieve 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 applying to obtain a Swedish CDL must take both a knowledge 
test and skills test before a license to operate CMVs is issued. This 
process is considered comparable to, or as effective as, the 
requirements of 49 CFR part 383 and adequately assesses the driver's 
ability to operate CMVs in the U.S.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on the renewal of Volvo's exemption from the 
requirements of 49 CFR 383.23. The Agency requests that interested 
parties with specific data concerning the safety records of the drivers 
listed in this notice submit comments by March 9, 2009. FMCSA will 
review all comments received by this date and determine whether the 
renewal of the exemption is consistent with the requirements of 49 
U.S.C. 31315 and 31136(e). Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable, but FMCSA may make its final decision at any time 
after the close of the comment period.
    FMCSA believes the requirements for a renewal of an exemption under 
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the 
renewal and then requesting and subsequently evaluating comments 
submitted by interested parties. As indicated above, the Agency 
previously

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published a notice of final disposition announcing its decision to 
exempt these seven Volvo drivers from the CDL requirement in 49 CFR 
383.23. The decision to renew the exemption for these drivers was based 
on the merits of each driver's demonstrated knowledge and skills about 
the safe operation of CMVs, and only after careful consideration of the 
comments submitted in response to the April 23, 2007 original notice. 
The notice of application for exemption indicated that detailed 
information about the qualifications and experience of each of the 
drivers was provided in Volvo's application and that a copy of the 
application is in the docket referenced at the beginning of this 
notice.
    Interested parties or organizations possessing information that 
would otherwise show that any or all of these drivers are not currently 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse information 
submitted and, if safety is being compromised or if the continuation of 
the exemption is not consistent with 49 U.S.C. 31315(b)(4) and 
31136(e), FMCSA will take immediate steps to revoke the exemption of 
the driver(s) in question.

    Issued on: January 29, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2433 Filed 2-4-09; 8:45 am]
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