[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Page 20778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10208]



[[Page 20778]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License (CDL) Standards; Volvo Trucks North 
America, Inc.'s Exemption Application

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew Volvo Trucks 
North America, Inc.'s (Volvo) exemption for seven of its drivers 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. FMCSA requested comment on the renewal of the exemption, 
but received no comments.

DATES: This exemption is effective from April 23, 2009 through April 
23, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division (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 or renew an 
exemption from the CDL requirements in 49 CFR 383.23 for a maximum two-
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.'' FMCSA evaluated Volvo's 
application on its merits and decided to grant the renewal of the 
exemption for seven of Volvo's engineers and technicians for a two-year 
period, effective April 23, 2009, as previously announced in the 
Federal Register (74 FR 6204, February 5, 2009).

Comments

    The Agency received no response to its request for public comments 
published in the Federal Register on February 5, 2009 (74 FR 6204).

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA 
granted Volvo a renewal of the exemption from the Federal CDL 
requirement in 49 CFR 383.23 for seven drivers (Peter Hofsten, 
Thorbjorn Ohlund, Freddy Blixt, Johnny Adolfsson, Goran Alsen, Kjell 
Jansson, and Lars Svensson) to test-drive CMVs within the United 
States, subject to the following terms and conditions: (1) That these 
drivers are subject to 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 U.S., (3) that these drivers 
keep a copy of the exemption in the vehicle they are driving at all 
times, (4) that Volvo notify FMCSA in writing of any accident, as 
defined in 49 CFR 390.5, involving one of the exempted drivers, and (5) 
that Volvo notify FMCSA in writing if any driver is convicted of a 
disqualifying offense described in section 383.51 or 391.15 of the 
FMCSRs.
    The exemption will be revoked if: (1) The drivers for Volvo 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.

    Issued on: April 28, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-10208 Filed 5-4-09; 8:45 am]
BILLING CODE 4910-EX-P