Commercial Driver's License Standards; Isuzu Motors America, Inc.'s Exemption Application, 35725-35727 [E6-9684]

Download as PDF Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices Dated: June 12, 2006. Anne D. Jillson, Foreign Affairs Officer, International Communications & Information Policy, Department of State. [FR Doc. E6–9757 Filed 6–20–06; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION Office of the Secretary jlentini on PROD1PC65 with NOTICES Aviation Proceedings, Agreements Filed the Week Ending May 26, 2006 The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. Docket Number: OST–2006–24892 Date Filed: May 22, 2006 Parties: Members of the International Air Transport Association Subject: Mail Vote 478—Cargo Composite Resolutions (Memo 0547) Mail Vote 479—Worldwide Area Resolutions except Alliance Countries Shanghai, 17 February 2006 (Memo 0548) Mail Vote 480—Worldwide Area Resolutions Alliance Countries Shanghai, 17 February 2006 (Memo 0549) Technical Correction—Mail Vote 478— Cargo Composite Resolutions (Memo 0555) and (Memo 0562) Mail Vote 479—Worldwide Area Resolutions except Alliance Countries (Memo 0556) and (Memo 563) Mail Vote 480—Worldwide Area Resolutions Alliance Countries (Memo 0557) and (Memo 0564) Policy Group Report—Composite Meeting of Cargo Tariff Coordinating Conferences (Memo 0561) Intended effective date: 1 October 2006 Docket Number: OST–2006–24893 Date Filed: May 22, 2006 Parties: Members of the International Air Transport Association Subject: Mail Vote 489—Resolution 010p TC2 EUR Special Passenger Amending Resolution Between Italy and Europe Intended effective date: 15 June 2006 Docket Number: OST–2006–24899 Date Filed: May 23, 2006 Parties: Members of the International Air Transport Association Subject: VerDate Aug<31>2005 18:26 Jun 20, 2006 Jkt 208001 Mail Vote 478 Cargo Composite Resolutions (Memo 0547) Mail Vote 479 Worldwide Area Resolutions except Alliance Countries Shanghai, 17 February 2006 (Memo 0548) Mail Vote 480 Worldwide Area Resolutions Alliance Countries Shanghai, 17 February 2006 (Memo 0549) Technical Correction: Mail Vote—478 Cargo Composite Resolutions (Memo 0555) and (Memo 0562) Mail Vote 479—Worldwide Area Resolutions except Alliance Countries (Memo 0556) and (Memo 563) Mail Vote 480—Worldwide Area Resolutions Alliance Countries (Memo 0557) and (Memo 0564) Policy Group Report: Composite Meeting of Cargo Tariff Coordinating Conferences (Memo 0561) Intended effective date: 1 October 2006 Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E6–9730 Filed 6–20–06; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending May 26, 2006 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under subpart B (formerly subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: OST–2004–18574. Date Filed: May 22, 2006. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: June 12, 2006. Description: Notice of Sunworld International Airlines, Inc., requesting that it be found fit, willing and able to resume interstate and foreign scheduled air transportation of property and mail on or before October 1, 2006. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 35725 Docket Number: OST–2005–22228 and OST–2006–24913. Date Filed: May 25, 2006. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: June 15, 2006. Description: Application of JetBlue Airways Corporation (‘‘JetBlue’’), requesting a certificate of public convenience and necessity authorizing JetBlue to engage in foreign scheduled air transportation of persons, property and mail between the United States (JFK) and Aruba (AUA), and such other relief as it may find to be in the public interest, including integration authority with JetBlue’s other certificate authority as provided in the August 23, 2005 Notice issued in Docket OST–2005– 22228. Docket Number: OST–2006–24922. Date Filed: May 26, 2006. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: June 16, 2006. Description: Application of Jetstar Airways Pty. Limited, requesting a foreign air carrier permit to engage in scheduled foreign air transportation of persons, property and mail between the United States and Australia to the full extent authorized by the Air Transport Service Agreement between the United States and Australia. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E6–9729 Filed 6–20–06; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2003–14652] Commercial Driver’s License Standards; Isuzu Motors America, Inc.’s Exemption Application Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: SUMMARY: FMCSA announces its decision to renew Isuzu Motors America, Inc.’s (Isuzu), exemption from the Agency’s requirement for drivers of commercial motor vehicles (CMVs) to hold a commercial driver’s license (CDL). Isuzu requested that its exemption for 19 Japanese engineers and technicians be renewed to enable these individuals to continue test driving CMVs in the United States for Isuzu. All of the individuals hold a E:\FR\FM\21JNN1.SGM 21JNN1 jlentini on PROD1PC65 with NOTICES 35726 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices valid Japanese CDL. FMCSA believes the knowledge and skills testing and training program that drivers must undergo for a Japanese CDL ensures a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the U.S. requirement for a CDL. DATES: This decision is effective June 21, 2006. Comments must be received on or before July 21, 2006. ADDRESSES: You may submit comments to the DOT Docket Management System (DMS), referencing Docket Number FMCSA–2003–14652, using any of the following methods: • Web Site: http://dmses.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the Agency name and docket numbers for this notice. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading for further information. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. 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 on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s complete Privacy Act VerDate Aug<31>2005 18:26 Jun 20, 2006 Jkt 208001 Statement in the Federal Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov. Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, MC– PSD, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590–0001. Telephone: 202–366–4009. E-mail: MCPSD@dot.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption from the CDL requirements in 49 CFR 383.23 for a 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.’’ The procedures for requesting an exemption (including renewals) are prescribed in 49 CFR part 381. FMCSA has evaluated Isuzu’s application for a renewal on its merits and decided to renew the exemption for 19 of Isuzu’s engineers and technicians for a two-year period. Isuzu Application for an Exemption Renewal Isuzu Motors America, Inc. applied for the renewal of an exemption from the commercial driver’s licensing rules, specifically 49 CFR 383.23, which establishes licensing requirements for drivers operating CMVs in interstate commerce. The exemption was originally granted on October 16, 2003 (68 FR 59677). Isuzu Motors America, Inc. is seeking a renewal of this exemption because the drivers it employs are citizens and residents of Japan. As such they cannot apply for a CDL from a State in the United States. A copy of the request for a renewal is in the docket identified at the beginning of this notice. The renewal of the exemption will enable the following drivers to operate CMVs as part of a team of drivers to develop, design and/or test engines for vehicles that will be manufactured, assembled, sold or primarily used in the United States. These are 19 of the 31 drivers included in the original exemption: Shiro Fukuda, Wataru Kumakura, Takao Kudou, Takehito Yaguchi, Tsutomu Yamazaki, Toshiya Asari, Yasuhito Tahara, Shigeru Takamatsu, Shintaro Moroi, Motoki Nishi, Kazunori Iigou, Kazuyoshi Shimamura, Masaru Otsu, Satoru Amemiya, Tsuyoshi Koyama, Fumio PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 Oota, Nobuyuki Miyazaki, Masao Inoue, and Hiroyoshi Takahashi. These drivers are a team of engineers and technicians, currently employed by Isuzu Motors Limited in Japan, who operate CMVs in the United States to test and evaluate production and prototype CMVs to be sold for use on U.S. highways. They are experienced CMV operators with valid Japaneseissued CDLs. Because each of the drivers was required to satisfy strict regulations in Japan to obtain a CDL, and has extensive CMV training and experience, Isuzu Motors America, Inc. believes that the renewal of the exemption will continue to achieve a level of safety equivalent to the level of safety that would be obtained absent the exemption. Isuzu states in its application for exemption that none of these drivers received any traffic citations or were involved in any accidents from the time of the exemption on October 16, 2003, through the date of its application for renewal. Method To Ensure an Equivalent or Greater Level of Safety Drivers applying to obtain a Japaneseissued CDL must take both a knowledge test and skills test before a license to operate CMVs is issued. Prior to taking the tests, drivers are required to hold a conventional driver’s license for at least three years. Therefore, the process for obtaining a Japanese-issued CDL is considered to be comparable to or as effective as the requirements of 49 CFR part 383 and adequately assesses the driver’s ability to operate CMVs in the United States. Once a driver is granted a Japanese CDL, he or she is allowed to drive any CMV currently allowed on Japanese roads. There are no limits to types or weights of vehicles that may be operated by the drivers. It is estimated that each driver would continue to drive approximately 5,000 miles per year on U.S. roads. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comments on Isuzu’s request for a renewal of its exemption from the requirements of 49 CFR 383.23. The Agency requests that interested parties with specific data concerning the safety records of the drivers listed in this notice submit comments by July 21, 2006. FMCSA will review all comments received by this date and determine whether the renewal of the exemption is consistent with the requirements of 49 U.S.C. 31315 and 31136(e). Comments received after the comment closing date will be filed in the public docket and E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices will be considered to the extent practicable, but FMCSA may make its final decision at any time after the close of the comment period. FMCSA believes the requirements for a renewal of an exemption under 49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the renewal and then requesting and subsequently evaluating comments submitted by interested parties. As indicated above, the Agency previously published a notice of final disposition announcing its decision to exempt these 19 Isuzu drivers from the CDL requirement in 49 CFR 383.23. The decision to renew the exemption for these drivers was based on the merits of each driver’s demonstrated knowledge and skills about the safe operation of commercial motor vehicles, and only after careful consideration of the comments submitted in response to the April 30, 2003 (68 FR 23174) notice. The notice of application for exemption indicated that detailed information about the qualifications and experience of each of the drivers was provided in Isuzu’s application and that a copy of the application is in the docket. The docket number is referenced at the beginning of this notice. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, 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. 31315(b)(4) and 31136(e), FMCSA will take immediate steps to revoke the exemption of the driver(s) in question. Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73. Issued on: June 15, 2006. David H. Hugel, Acting Administrator. [FR Doc. E6–9684 Filed 6–20–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration jlentini on PROD1PC65 with NOTICES Privacy Act of 1974: System of Records Federal Motor Carrier Safety Administration, DOT. ACTION: Notice to establish a system of records. AGENCY: VerDate Aug<31>2005 18:26 Jun 20, 2006 Jkt 208001 SUMMARY: DOT intends to establish a system of records under the Privacy Act of 1974. DATES: Effective Date: July 31, 2006. If no comments are received, the proposal will become effective on the above date. If comments are received, the comments will be considered and, where adopted, the documents will be republished with changes. FOR FURTHER INFORMATION CONTACT: Kara Spooner, Department of Transportation, Office of the Secretary, 400 7th Street, SW., Washington, DC 20590, (202) 366– 1965 (telephone), (202) 366–7373 (fax), kara.spooner@dot.gov (Internet address). SUPPLEMENTARY INFORMATION: The Department of Transportation system of records notice subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, has been published in the Federal Register and is available from the above mentioned address. DOT/FMCSA 005 SYSTEM NAME: Electronic Document Management System (EDMS) SECURITY CLASSIFICATION: Unclassified, Sensitive SYSTEM LOCATION: Department of Transportation, Volpe National Transportation Systems Center, 55 Broadway, Cambridge, MA 02142. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM OF RECORDS: The input of information into EDMS is discretionary. Field users have been instructed to upload all compliance review, inspection and enforcement documents related to motor carriers generated after October 1, 2005, but some divisions have uploaded older documents in accordance with NARA’s FMCSA Field Records Schedule in order to destroy paper copies of documents covered by the schedule. Use of the administrative (non-carrier related) sections of EDMS are also at the discretion of the Division/Field Administrator and may or may not contain certain types of information including, but not limited to, sensitive personnel documents such as Travel Vouchers (which include Social Security Numbers). Therefore, there is the potential for the following categories of individuals to be covered by this system: • All owners of interstate commercial motor vehicle operations, active or inactive. • All operators of interstate commercial motor vehicles, licensed or unlicensed. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 35727 • All FMCSA employees. Operators and operators of interstate commercial motor vehicles; Federal Motor Carrier Safety Administration (FMCSA) employees. CATEGORIES OF RECORDS IN THE SYSTEM: The input of information into EDMS is discretionary. Field users have been instructed to upload all compliance review, inspection and enforcement documents related to motor carriers generated after October 1, 2005, but some divisions have uploaded older documents in accordance with NARA’s FMCSA Field Records Schedule in order to destroy paper copies of documents covered by the schedule. Use of the administrative (non-carrier related) sections of EDMS are also at the discretion of the Division/Field Administrator and may or may not contain certain types of information including, but not limited to, sensitive personnel documents such as Travel Vouchers (which include Social Security Numbers). Therefore, there is the potential for the following categories of documents to reside in this system: • Carrier Related Documents include, but are not limited to: » Carrier Enforcement Case Documents. » General Carrier Documents, including, but not limited to: fi Compliance Reviews. fi Correspondence, including e-mail. fi Crash Reports. fi Out of Service Orders. fi Safety Audits. » Carrier Receipt Documents. » Driver Enforcement Case Documents, including, but not limited to: fi Notice of Claim. fi Receipts. fi Correspondence, including e-mail. fi Enforcement Cases. fi Exhibits. fi Final Agency Orders. » Roadside Inspection Certification. » Roadside Inspection Report. • Administrative Documents including, but not limited to: » Delegations of Authority. » Non-personnel related Employee Documents. » Federal Programs. » Rules of Conduct. » Employee Work Schedules. » Time and Attendance Records. » Congressional Correspondence. » Suspicious Activity Reports. • Management Documents including, but not limited to: » Financial Management documents including, but not limited to: fi Budgets. fi Invoices. E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35725-35727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9684]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-14652]


Commercial Driver's License Standards; Isuzu Motors America, 
Inc.'s Exemption Application

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

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew Isuzu Motors America, 
Inc.'s (Isuzu), exemption from the Agency's requirement for drivers of 
commercial motor vehicles (CMVs) to hold a commercial driver's license 
(CDL). Isuzu requested that its exemption for 19 Japanese engineers and 
technicians be renewed to enable these individuals to continue test 
driving CMVs in the United States for Isuzu. All of the individuals 
hold a

[[Page 35726]]

valid Japanese CDL. FMCSA believes the knowledge and skills testing and 
training program that drivers must undergo for a Japanese CDL ensures a 
level of safety that is equivalent to, or greater than, the level of 
safety that would be obtained by complying with the U.S. requirement 
for a CDL.

DATES: This decision is effective June 21, 2006. Comments must be 
received on or before July 21, 2006.

ADDRESSES: You may submit comments to the DOT Docket Management System 
(DMS), referencing Docket Number FMCSA-2003-14652, using any of the 
following methods:
     Web Site: http://dmses.dot.gov. Follow the instructions 
for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room PL-401 
on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available 24 hours each day, 365 
days each year. 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 on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the Department of Transportation's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477; Apr. 11, 2000). This information is also available at http://
dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption 
from the CDL requirements in 49 CFR 383.23 for a 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.'' The procedures for requesting an exemption (including 
renewals) are prescribed in 49 CFR part 381. FMCSA has evaluated 
Isuzu's application for a renewal on its merits and decided to renew 
the exemption for 19 of Isuzu's engineers and technicians for a two-
year period.

Isuzu Application for an Exemption Renewal

    Isuzu Motors America, Inc. applied for the renewal of an exemption 
from the commercial driver's licensing rules, specifically 49 CFR 
383.23, which establishes licensing requirements for drivers operating 
CMVs in interstate commerce. The exemption was originally granted on 
October 16, 2003 (68 FR 59677). Isuzu Motors America, Inc. is seeking a 
renewal of this exemption because the drivers it employs are citizens 
and residents of Japan. As such they cannot apply for a CDL from a 
State in the United States. A copy of the request for a renewal is in 
the docket identified at the beginning of this notice.
    The renewal of the exemption will enable the following drivers to 
operate CMVs as part of a team of drivers to develop, design and/or 
test engines for vehicles that will be manufactured, assembled, sold or 
primarily used in the United States. These are 19 of the 31 drivers 
included in the original exemption: Shiro Fukuda, Wataru Kumakura, 
Takao Kudou, Takehito Yaguchi, Tsutomu Yamazaki, Toshiya Asari, 
Yasuhito Tahara, Shigeru Takamatsu, Shintaro Moroi, Motoki Nishi, 
Kazunori Iigou, Kazuyoshi Shimamura, Masaru Otsu, Satoru Amemiya, 
Tsuyoshi Koyama, Fumio Oota, Nobuyuki Miyazaki, Masao Inoue, and 
Hiroyoshi Takahashi.
    These drivers are a team of engineers and technicians, currently 
employed by Isuzu Motors Limited in Japan, who operate CMVs in the 
United States to test and evaluate production and prototype CMVs to be 
sold for use on U.S. highways. They are experienced CMV operators with 
valid Japanese-issued CDLs. Because each of the drivers was required to 
satisfy strict regulations in Japan to obtain a CDL, and has extensive 
CMV training and experience, Isuzu Motors America, Inc. believes that 
the renewal of the exemption will continue to achieve a level of safety 
equivalent to the level of safety that would be obtained absent the 
exemption. Isuzu states in its application for exemption that none of 
these drivers received any traffic citations or were involved in any 
accidents from the time of the exemption on October 16, 2003, through 
the date of its application for renewal.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying to obtain a Japanese-issued CDL must take both a 
knowledge test and skills test before a license to operate CMVs is 
issued. Prior to taking the tests, drivers are required to hold a 
conventional driver's license for at least three years. Therefore, the 
process for obtaining a Japanese-issued CDL is considered to be 
comparable to or as effective as the requirements of 49 CFR part 383 
and adequately assesses the driver's ability to operate CMVs in the 
United States.
    Once a driver is granted a Japanese CDL, he or she is allowed to 
drive any CMV currently allowed on Japanese roads. There are no limits 
to types or weights of vehicles that may be operated by the drivers. It 
is estimated that each driver would continue to drive approximately 
5,000 miles per year on U.S. roads.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on Isuzu's request for a renewal of its 
exemption from the requirements of 49 CFR 383.23. The Agency requests 
that interested parties with specific data concerning the safety 
records of the drivers listed in this notice submit comments by July 
21, 2006. FMCSA will review all comments received by this date and 
determine whether the renewal of the exemption is consistent with the 
requirements of 49 U.S.C. 31315 and 31136(e). Comments received after 
the comment closing date will be filed in the public docket and

[[Page 35727]]

will be considered to the extent practicable, but FMCSA may make its 
final decision at any time after the close of the comment period.
    FMCSA believes the requirements for a renewal of an exemption under 
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the 
renewal and then requesting and subsequently evaluating comments 
submitted by interested parties. As indicated above, the Agency 
previously published a notice of final disposition announcing its 
decision to exempt these 19 Isuzu drivers from the CDL requirement in 
49 CFR 383.23. The decision to renew the exemption for these drivers 
was based on the merits of each driver's demonstrated knowledge and 
skills about the safe operation of commercial motor vehicles, and only 
after careful consideration of the comments submitted in response to 
the April 30, 2003 (68 FR 23174) notice. The notice of application for 
exemption indicated that detailed information about the qualifications 
and experience of each of the drivers was provided in Isuzu's 
application and that a copy of the application is in the docket. The 
docket number is referenced at the beginning of this notice.
    Interested parties or organizations possessing information that 
would otherwise show that any, or all of these drivers, 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. 
31315(b)(4) and 31136(e), FMCSA will take immediate steps to revoke the 
exemption of the driver(s) in question.

    Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.

    Issued on: June 15, 2006.
David H. Hugel,
Acting Administrator.
 [FR Doc. E6-9684 Filed 6-20-06; 8:45 am]
BILLING CODE 4910-EX-P