[Federal Register Volume 90, Number 235 (Wednesday, December 10, 2025)]
[Notices]
[Pages 57272-57274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22462]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for Exemption 
International Motors, LLC, Formerly Known as Navistar, Inc.

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

ACTION: Notice of final disposition; renewal of exemption.

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SUMMARY: FMCSA announces its decision to renew the exemption granted to 
International Motors, LLC (International), formally known as Navistar, 
Inc., from the commercial driver's license (CDL) regulations for one of 
its commercial motor vehicle (CMV) drivers. The exemption allows Mr. 
Erik Holma, manager of Drivability Control Systems for Scania AB for 
International's parent company, TRATON SE, to test drive fleet vehicles 
on U.S. roads.

DATES: The exemption is effective December 10, 2025 and expires 
December 10, 2030.

FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-913-0704; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2018-0347/document and 
choose the document to review. To view comments, click this notice, 
then click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from the Federal Motor Carrier Safety 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 
applicant's safety analysis. The Agency must provide an opportunity for 
public comment on the request.
    The Agency reviews the application, safety analyses, and public 
comments submitted and determines whether granting the exemption would 
likely achieve a level of safety equivalent to, or greater than, the 
level that would be achieved absent such exemption, pursuant to 49 
U.S.C. 31315(b)(1). The Agency must publish its decision in the Federal 
Register (49 CFR 381.315(b)). If granted, the notice will identify the 
regulatory provision from which the applicant will be exempt and the 
effective period and will explain all terms and conditions of the 
exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the 
notice will explain the reason for the denial (49 CFR 381.315(c)(2)). 
The exemption may be renewed (49 CFR 381.300(b)).

[[Page 57273]]

III. Background

Current Regulatory Requirements

    Under 49 CFR 383.23, no person shall operate a CMV without having 
taken and passed knowledge and driving skills tests for a commercial 
learner's permit or CDL that meet the Federal standards contained in 
subparts F, G, and H of part 383 for the CMV that person operates or 
expects to operate. Such drivers are also subject to the controlled 
substances and alcohol testing requirements of 49 CFR part 382.

Application for Renewal of Exemption

    The renewal application from International was described in detail 
in a Federal Register notice of June 12, 2025, (90 FR 24861) and will 
not be repeated here as the facts have not changed.

IV. Public Comments

    The Agency received one comment in response to International's 
request to renew its exemption. AWM Associates wrote ``[u]ntil there's 
evidence that Mr. Holma has met the legal requirements for INS, IRS, 
and the FMCSR, e.g., current DOT physical. Mr. Holma's application 
should be denied.''

V. FMCSA Decision

    Mr. Holma holds a Swedish commercial license, and FMCSA has 
previously determined that the process for obtaining a Swedish 
commercial license is comparable to, or as effective as, the 
requirements of part 383 and adequately assesses the driver's ability 
to operate CMVs in the United States. FMCSA granted a 5-year exemption 
to Mr. Holma and four other Swedish drivers on December 27, 2019 (84 FR 
71525). That exemption expired on December 27, 2024. Navistar requested 
a renewal for Mr. Holma only. Additionally in 2019, the Agency granted 
similar exemptions to International, under its former name Navistar, 
Inc., for other drivers on two earlier occasions [April 15, 2019 (84 FR 
15283); November 21, 2019 (84 FR 64440))]. The Agency has also granted 
similar exemptions to Daimler Trucks North America for holders of 
German commercial licenses.\1\ The Agency has no record of any CMV 
incidents indicating a reduction in the safety of operations by the 
drivers previously granted exemptions, including Mr. Holma himself.
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    \1\ FMCSA granted similar exemptions to Daimler Trucks North 
America on May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626); 
March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); July 
12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 
(82 FR 39151), September 10, 2018 (83 FR 45742); April 27, 2022 (87 
FR 25081; 87 FR 25083) and other dates.
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    In response to AWM's comments, the Agency has updated its terms and 
conditions for this exemption to require International, upon request, 
to provide proof of Mr. Holma's compliance with the FMCSRs, which 
includes the driver physical qualification requirements in 49 CFR part 
391.
    FMCSA therefore concludes that renewing the exemption granted on 
December 27, 2019, under the terms and conditions listed below, will 
likely achieve a level of safety that is equivalent to, or greater 
than, the level of safety achieved absent the exemption.

VI. Exemption Decision

A. Applicability of Exemption

    This exemption is applicable to International's driver Erik Holma. 
This driver is granted an exemption from the CDL requirement in 49 CFR 
383.23 to allow him to drive CMVs in the United States without a State-
issued CDL. Consequently, this driver is not subject to the drug and 
alcohol testing requirements of 49 CFR part 382, including the 
Clearinghouse requirements in subpart G. However, see paragraph 8 of 
the Terms and Conditions below.

B. Terms and Conditions

    When operating under this exemption, International and Mr. Holma 
are subject to the following terms and conditions:
    1. The driver and carrier must comply with all other applicable 
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR parts 350-399);
    2. Upon request, the carrier must provide proof of compliance with 
the FMCSRs, to include the driver physical qualification requirements 
in 49 CFR part 391;
    3. International and Mr. Holma must comply with the English 
language proficiency requirements in 49 CFR 391.11(b)(2);
    4. The driver must be in possession of the exemption document and a 
valid Swedish commercial license;
    5. The driver must be employed by and operate the CMV within the 
scope of his duties for International;
    6. At all times while operating a CMV under this exemption, the 
driver must be accompanied by a holder of a State-issued CDL who is 
familiar with the routes traveled;
    7. International must notify FMCSA in writing within 5 business 
days of any accident, as defined in 49 CFR 390.5, involving this 
driver;
    8. International must notify FMCSA in writing if the driver is 
convicted of an offense under Sec.  391.15 of the FMCSRs; and
    9. International must implement a drug and alcohol testing program 
that satisfies the requirements in 49 CFR part 382, subparts A-F, 
including, but not limited to, all testing requirements and 
participation in a consortium for random testing. International must 
require that Mr. Holma be subject to those requirements. International 
must provide documentation of its drug and alcohol testing program upon 
request to FMCSA.

C. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a firm or person operating under 
the exemption.

D. Notification to FMCSA

    International must notify FMCSA within 5 business days of any 
accident (as defined in 49 CFR 390.5), involving any of the motor 
carrier's CMVs operated under the terms of this exemption. The 
notification must include the following information:
    1. Name of the exemption: ``International--Holma'';
    2. Name of operating carrier and USDOT number;
    3. Date of the crash;
    4. City or town, and State, in which the accident occurred, or 
closest to the crash scene;
    5. Driver's name and license number;
    6. Co-driver's name and license number;
    7. Vehicle number and State license number;
    8. Number of individuals suffering physical injury;
    9. Number of fatalities;
    10. The police-reported cause of the crash, if provided by the 
enforcement agency;
    11. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    12. The total on-duty time accumulated during the 7 consecutive 
days prior to the date of the crash, and the total on-duty time and 
driving time in the work shift prior to the crash.
    Reports filed under this provision shall be emailed to 
[email protected].

VII. Termination

    FMCSA does not believe the driver covered by this exemption will 
experience any deterioration of his

[[Page 57274]]

safety record. However, the exemption will be rescinded if: (1) 
International or the driver operating under the exemption 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 objects of 49 U.S.C. 31136(e) and 
31315(b).

Derek Barrs,
Administrator.
[FR Doc. 2025-22462 Filed 12-9-25; 8:45 am]
BILLING CODE 4910-EX-P