[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8181-8182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3561]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License Standards: Application for Exemption; 
Volvo Trucks North America (Volvo)

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 Volvo Trucks North America (Volvo) has 
applied for an exemption from the Federal requirement for a driver of 
commercial motor vehicles (CMVs) to hold a commercial driver's license 
(CDL). Volvo requests that the exemption cover one Swedish field-test 
engineer who will test-drive CMVs for Volvo within the United States. 
The Volvo employee holds a valid Swedish CDL. Volvo states the 
exemption is needed to support a Volvo field test to meet future clean 
air standards, to test-drive Volvo prototype vehicles to verify results 
in ``real world'' environments, and, if necessary, to deliver the 
vehicles in the United States. Volvo believes the knowledge and skills 
tests and training program that Swedish drivers undergo to obtain a 
Swedish CDL ensures 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. requirements for a CDL.

DATES: Comments must be received on or before March 25, 2010.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Web site: http://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 http://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 http://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 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 19477-78) or you may visit http://www.regulations.gov.
    Public Participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can 
obtain electronic submission and retrieval help and guidelines under 
the ``help'' section of the http://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, 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 the 
conducting of 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 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

    Volvo has applied for an exemption from the CDL rules, specifically 
49 CFR 383.23 that prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Volvo requests the 
exemption because this driver-employee is a citizen and resident of 
Sweden, and therefore cannot apply for a CDL in any of the United 
States. A copy of the application is in Docket No. FMCSA-2006-25756. 
The exemption would allow one driver to operate CMVs in interstate 
commerce as part of a team of drivers who will support a Volvo field

[[Page 8182]]

test to meet future air quality standards. The driver will test-drive 
Volvo prototype vehicles at its test site and in the vicinity around 
Phoenix, Arizona, verify results in ``real world'' environments, and, 
if necessary, deliver the vehicles in the U.S. The driver is Edvard 
Lundgren, and Volvo requests that the exemption cover a 2-year period.
    This driver holds a valid Swedish CDL, and as explained by Volvo in 
previous exemption requests, drivers applying for a Swedish-issued CDL 
must undergo a training program and pass knowledge and skills tests. 
Volvo also stated in prior exemption requests that the knowledge and 
skills tests and training program that Swedish drivers undergo to 
obtain a Swedish 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 
Swedish-issued CDL is comparable to, or as effective as, the Federal 
requirements of Part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. In the past 2 years, FMCSA has published 
several notices of similar Volvo requests. An FMCSA notice of a similar 
nature was published on January 5, 2009, granting a comparable 
exemption to Volvo for a Swedish CDL driver permitting operation of 
CMVs in the U.S. (74 FR 333).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Volvo's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on March 25, 2010. 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: February 16, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3561 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P