Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Renewal of Exemption |
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Topics: FMCSA, Volvo
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Larry W. Minor (Federal Register)
May 5, 2011
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25761-25762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11026]
[[Page 25761]]
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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 exemptions; request for comments.
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SUMMARY: FMCSA renews an exemption from the requirement to hold a
commercial driver's license (CDL) sought by Volvo Trucks North America
(Volvo) on behalf of five employees. Volvo requested renewal of the CDL
exemption for five Swedish engineers employed by the company to enable
these individuals to continue test-driving commercial motor vehicles
(CMVs) in the United States. All hold valid Swedish CDLs. FMCSA
believes that the training program and knowledge and skills testing
that drivers must undergo to obtain a Swedish CDL ensure a level of
safety equivalent to, or greater than, the level of safety that would
be obtained by complying with the U.S. requirement for a CDL.
DATES: Comments must be received on or before June 6, 2011. Effective
date of the exemption is April 23, 2011 to April 23, 2013.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2006-25756 by any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2006-
25756 and click on the tab labeled SEARCH. On the ensuing page, click
on any tab labeled SUBMIT A COMMENT on the extreme right of the page
and a page should open that is titled ``Submit a Comment.'' You may
identify yourself under section 1, ENTER INFORMATION, or you may skip
section 1 and remain anonymous. You enter your comments in section 2,
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments,
click on the tab labeled SUBMIT. Your comment is then submitted to the
docket; and you will receive a tracking number.
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: West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
ET, 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 www.regulations.gov at any time, and in the
ENTER KEYWORD OR ID box enter FMCSA-2006-25756 and click on the tab
labeled SEARCH.
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 www.regulations.gov.
Public Participation: The www.regulations.gov Web site is generally
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 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: Ms. Christine Hydock, FMCSA Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the CDL requirements of 49 CFR 383.23 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 renewals) are prescribed in 49 CFR part 381.
Volvo Application for Exemption Renewal
Volvo applied for a 2-year renewal of an exemption from 49 CFR
383.23, the CDL requirement for drivers operating CMVs, for Johnny
Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten, and Lars Svensson.
A copy of the request for renewal, dated November 10, 2010, is in the
docket identified at the beginning of this notice.
FMCSA initially granted an exemption to seven Swedish engineers and
technicians employed by Volvo on May 5, 2009 (74 FR 20778). Detailed
information about the qualifications and experience of each of the
seven drivers, including the five affected by this notice, was provided
by Volvo in its original application, a copy of which is in the docket
referenced above. Volvo is seeking a renewal of this exemption because
the five drivers are citizens and residents of Sweden, and cannot
easily obtain a non-resident CDL, given the small number of States
willing to issue such a license. Renewal of the exemption will enable
them 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 its test site, and to deliver the vehicles, if necessary.
It is estimated that they will drive a combined total of approximately
20,800 miles per year on U.S. roads. The applicants are experienced CMV
operators holding valid Swedish-issued CDLs. They have received
extensive CMV training, and have satisfied strict regulations in Sweden
in order to obtain a CDL. Volvo explained in detail in earlier
exemption requests the rigorous training program and knowledge and
skills tests that applicants for a Swedish CDL must undergo. Volvo also
argued that the Swedish knowledge and skills tests and training program
ensure that its drivers operating under the exemption will achieve 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.
Method To Ensure an Equivalent or Greater Level of Safety
FMCSA has previously determined that the process for obtaining a
Swedish CDL is comparable to, or as effective as, the requirements of
Part 383, and adequately assesses the driver's ability to operate CMVs
in the U.S. In recent years FMCSA has granted similar Volvo exemption
requests, most recently on August 9, 2010 (75 FR 45198).
[[Page 25762]]
Granting of Exemption Renewal
FMCSA has evaluated Volvo's application for exemption renewals for
Johnny Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten, and Lars
Svensson and decided to grant them for an additional 2-year extension,
i.e. from April 23, 2011 to April 23, 2013. These exemptions are
renewed subject to the following terms and conditions: (1) This
exemption is valid only when the drivers are acting within the scope of
their employment by Volvo; (2) the drivers and Volvo must adhere to
drug and alcohol regulations, including testing, as provided by in 49
CFR part 382; (3) the drivers and Volvo must adhere to driver
disqualification rules under 49 CFR parts 383 and 391 that apply to all
CMV drivers in the United States; (4) the drivers are subject to all
other provisions of the Federal Motor Carrier Safety Regulations
(FMCSRs) (49 CFR parts 390-397) unless specifically exempted herein;
(5) the drivers must keep a copy of the exemption on the vehicle at all
times for presentation to a duly authorized Federal, State, or local
enforcement official; (6) Volvo must notify FMCSA in writing of any
accident, as defined in 49 CFR 390.5, involving an exempted driver; and
(7) Volvo must notify FMCSA in writing if an exempted driver is
convicted of a disqualifying offense described in sections 383.51 or
391.15 of the FMCSRs.
These exemptions will be valid for 2 years unless revoked earlier
by FMCSA. The exemptions will be revoked if: (1) The drivers 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. 31136(e) and
31315.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4), FMCSA requests public
comment on the renewal of the exemption from the requirements of 49 CFR
383.23 for Johnny Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten,
and Lars Svensson. The Agency requests that interested parties with
specific data concerning these individuals' safety records submit
comments by June 6, 2011. FMCSA will review all comments received by
this date and determine whether renewal of the exemption is consistent
with the requirements of 49 U.S.C. 31136(e) and 31315. As indicated
above, the Agency has previously determined that providing an exemption
for these Volvo drivers does not compromise the level of safety that
would exist if the exemption were not granted. Interested parties or
organizations possessing information that would show that any of these
individuals 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.
31136(e) and 31315(b)(4), FMCSA will take immediate steps to revoke the
exemption.
Issued on: April 26, 2011.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2011-11026 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P