[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8841-8842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4148]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


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

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 grant Volvo Trucks North 
America, Inc.'s (Volvo) application for an exemption for one of its 
drivers to enable him to test-drive commercial motor vehicles (CMVs) in 
the United States without a commercial driver's license (CDL) issued by 
one of the States. Volvo stated the exemption is needed to support a 
field test to meet future air quality standards and to test-drive Volvo 
prototype vehicles to verify results in ``real world'' environments. 
Its driver holds a valid CDL issued in Sweden but lacks the U.S. 
residency necessary to obtain a CDL issued by one of the States. FMCSA 
believes the knowledge and skills testing and training program that 
drivers must undergo to obtain a Swedish CDL ensures that their drivers 
will achieve a level of safety that is equivalent to, or greater than, 
the level of safety achieved without the exemption.

DATES: This exemption is effective February 26, 2009 and expires 
February 26, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202-366-4325. 
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 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 * * *'' (49 CFR 381.305 (a)). FMCSA has 
evaluated Volvo's application on its merits and decided to grant the 
exemption for its field test engineer, Michael Tellstrom, for a 2-year 
period.

Volvo Application for an Exemption

    Volvo applied for an exemption from the 49 CFR 383.23 requirement 
that the operator of a CMV obtain a CDL issued by one of the States. 
This section of the Federal Motor Carrier Safety Regulations (FMCSRs) 
sets forth the standards that States must employ in issuing CDLs. An 
individual must be a resident of a State in order to qualify for a CDL. 
The Volvo driver-employee for whom this exemption is sought is a 
citizen and resident of Sweden; therefore, he cannot apply for a CDL in 
any State of the United States. A copy of the request for exemption 
from section 383.23 is in the docket identified at the beginning of 
this notice.

Swedish Driver

    This exemption enables Michael Tellstrom to test-drive in the U.S. 
Volvo CMVs that are assembled, sold or primarily used in the U.S. Volvo 
currently employs this driver in Sweden, and wants him to be able to 
test-drive Volvo prototype vehicles at its test site and in the 
vicinity of Phoenix, Arizona, to verify vehicle results in ``real 
world'' environments. He is a highly trained, experienced CMV operator 
with a valid Swedish-issued CDL. Because he was required to satisfy 
strict CDL testing standards in Sweden to obtain a CDL and has 
extensive training and experience operating CMVs, Volvo 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

    According to Volvo, drivers applying for a Swedish-issued CDL must 
undergo a training program and pass knowledge and skills tests. Volvo 
believes the knowledge and skills tests and training program that these 
drivers undergo to obtain a Swedish CDL ensure the exemption would 
provide 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. In addition, Volvo has submitted a copy of the violation-free 
Swedish driving record of this driver.
    FMCSA had previously determined that the process for obtaining a 
Swedish-issued CDL adequately assesses the driver's ability to operate 
CMVs in the U.S. Therefore, the process for obtaining a Swedish-issued 
CDL is considered to be comparable to, or as effective as, the 
requirements of 49 CFR part 383.

Comments

    The Agency received no response to its request for public comments 
published in the Federal Register on January 16, 2009 (74 FR 3130).

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA 
grants Volvo an exemption from the CDL requirement in 49 CFR 383.23 for 
its driver, Michael Tellstrom, to test-drive CMVs within the United 
States, subject to the following terms and conditions: (1) That this 
driver will be subject to drug and alcohol regulations, including 
testing, as provided in 49 CFR part 382, (2) that this driver is 
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 this 
driver keep a copy of the exemption on the vehicle at all times, (4) 
that Volvo notify FMCSA in writing of any accident, as defined in 49 
CFR 390.5, involving this driver, and (5) that

[[Page 8842]]

Volvo notify FMCSA in writing if this 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 driver for Volvo fails 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: February 19, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-4148 Filed 2-25-09; 8:45 am]
BILLING CODE 4910-EX-P