Commercial Driver's License (CDL) Standards; Isuzu Motors America, Inc.'s Exemption Application, 16870-16871 [E7-6240]

Download as PDF 16870 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices DEPARTMENT OF TRANSPORTATION Title: Competition Plans, Passenger Facility Charges. Type of Request: Revision of a currently approved collection. OMB Control Number: 2120–0661. Form(s): There are no FAA forms associated with this collection. Affected Public: An estimated 40 Respondents. Frequency: This information is collected on occasion. Estimated Average Burden Per Response: Approximately 136 hours per response. Estimated Annual Burden Hours: An estimated 680 hours annually. Abstract: This information is needed to meet the requirements of Title 49, Section 40117(k), Competition Plans, and to carry out a passenger facility charge application. No Passenger Facility Charge (PFC) may be approved for a covered airport and no Airport Improvement Program (AIP) grant maybe made for a covered airport without unless the airport has submitted a written competition plan in accordance with the statute. The affected public includes public agencies controlling medium or large hub airports. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Transportation/FAA, and sent via electronic mail to oir_submission@omb.eop.gov or faxed to (202) 395–6974. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. jlentini on PROD1PC65 with NOTICES Federal Aviation Administration (FAA) Federal Motor Carrier Safety Administration Dated: Issued in Washington, DC, on March 29, 2007. Carla Mauney, FAA Information Collection Clearance Officer, Strategy and Investment Analysis Division, AIO–20. [FR Doc. 07–1665 Filed 4–4–07; 8:45 am] BILLING CODE 4910–13–M VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 [FMCSA Docket No. FMCSA–2003–25290] Commercial Driver’s License (CDL) Standards; Isuzu Motors America, Inc.’s Exemption Application Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of final disposition; granting of application for exemption. ACTION: SUMMARY: FMCSA announces its decision to approve Isuzu Motors America, Inc.’s (Isuzu) application for an exemption for 76 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. The Isuzu CMVs are prototypes that require testing under U.S. climatic conditions prior to being placed on the U.S. market. Each of these drivers holds a CDL issued in Japan, but lacks the U.S. residency necessary to obtain a CDL issued by one of the States of the United States. FMCSA believes the knowledge and skills testing and training program that drivers must undergo to obtain a Japanese CDL ensures that these drivers will achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. DATES: This decision is effective April 5, 2007. 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 grant 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’’ (49 CFR 381.305 (a)). FMCSA has evaluated Isuzu’s application on its merits and decided to grant the exemption for 76 of Isuzu’s engineers and technicians for a two-year period. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Isuzu Application for an Exemption Isuzu applied for an exemption from the requirement that the operator of a CMV obtain a CDL, specifically 49 CFR 383.23. This section of the Federal Motor Carrier Safety Regulations (FMCSRs) sets forth the standards that States must employ in issuing CDLs to drivers operating in commerce. In the United States, an individual must be a resident of a State in order to qualify for a CDL; 1 the Isuzu drivers for whom this exemption is sought are all residents of Japan. A copy of the request for exemption from section 383.23 is in the docket identified at the beginning of this notice. Japanese Drivers This exemption enables the following drivers to test-drive CMVs in the U.S.: Aihara Hirokazu, Akira Iiduka, Akira Yoshino, Atsushi Hirotsu, Atsushi Yamazaki, Chito Agatsuma, Fuki Yokoyama, Fumiaki Kubo, Fumiaki Takei, Fuyuki Hamanaka, Go Shinozuka, Hideki Shibata, Hiroaki Kurata, Hiroaki Takahashi, Hiromasa Narita, Hiroshi Osada, Hiroyoshi Morohoshi, Hisashi Hashiguchi, Ichirou Watanabe, Jirou Arai, Junichi Yamada, Jyunichi Suda, Kakuya Sekimoto, Kazuhiro Itou, Kazuhiro Teraguchi, Kazuyoshi Tateishi, Ken Ueda, Kenji Takashima, Kiyoaki Nokura, Kiyoshi Toshima, Kohki Natsumi, Manabu Andou, Masaaki Toriyama, Masahiko Gotou, Masahito Katou, Masayuki Tanaka, Minoru Endou, Misturu Denpouy, Mitsugu Sugiura, Motoyuki Kamo, Naoki Morimoto, Naomi Uchida, Naoyuki Itou, Noboru Azuma, Nobuhisa Okuda, Nobuyuki Iwao, Ryo Sato, Ryouji Matsuzawa, Satoshi Yatomi, Shigeo Shimada, Shinya Ishida, Syouji Takahashi, Tadao Shibuya, Tadashi Shoda, Takahiro Maemoto, Takashi Oguma, Takatomo Omukai, Takauki Asaoka, Takayuki Kaneda, Takeshi Kamei, Tatsumi Wakamori, Tatsuya Kawase, Tatsuya Sakata, Tetsuji Oshima, Tetuya Hiromatsu, Toshiaki Shimizu, Toshihiko Sudo, Tsuchida Minoru, Tsugio Fujita, Yasuhiro Sakai, Yasuo Tamamoto, Yasuyuki Fujita, Yoshiaki Miyamoto, Yoshinori Kunieda, Yoshinori Ugai and Youcihi Kurita. Collectively, these drivers form a team of engineers and technicians. Isuzu currently employs these drivers in Japan, and wants them to be able to operate CMVs in the U.S. for the purpose of testing and evaluating production and prototype Isuzu CMVs 1 Although 49 CFR 393.23 indicates that these drivers could obtain a Nonresident CDL, few States are currently issuing Nonresident CDLs due to security concerns. E:\FR\FM\05APN1.SGM 05APN1 16871 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices to be sold for use on U.S. highways. The drivers are experienced CMV operators with valid Japanese-issued CDLs. Because each of the drivers was required to satisfy strict CDL testing standards in Japan to obtain a CDL, and has extensive training and experience operating CMVs, Isuzu believes that the exemption will maintain a level of safety equivalent to the level of safety that would be obtained absent the exemption. Method To Ensure an Equivalent or Greater Level of Safety Drivers in Japan must hold a conventional driver’s license for at least three years before applying to obtain a Japanese-issued CDL. At that point, they must take and pass both a knowledge test and a skills test in order to obtain a license to operate CMVs. These tests thoroughly assess the driver’s ability to operate a CMV, and are comparable to the tests administered to CDL applicants 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. 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. Comments The Agency received one comment in response to its request for public comments (71 FR 42170, July 25, 2006). The commenter recommended that Isuzu use U.S. drivers for this testing. The commenter did not provide a substantive basis for this opinion. The docket number of this matter is referenced at the beginning of this notice. Drivers’’ heading above, to test-drive CMVs within the United States, subject to the following terms and conditions: (1) That these drivers will be 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 on the vehicle at all times, (4) that Isuzu notify FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving one of the exempted drivers, and (5) that Isuzu notify FMCSA in writing if any driver is convicted of a disqualifying offense described in section 383.51 or 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 2 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) The drivers for Isuzu 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: March 30, 2007. John H. Hill, Administrator. [FR Doc. E7–6240 Filed 4–4–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review FMCSA Decision The FMCSA decision to grant these drivers an exemption from section 383.23 is based on the merits of the application for exemption, the rigorous knowledge and skills testing of Japanese drivers concerning the safe operation of CMVs, and consideration of the comment submitted in response to the public notice. jlentini on PROD1PC65 with NOTICES Terms and Conditions for the Exemption After considering the comment to the docket and based upon evaluation of the application for an exemption, FMCSA grants Isuzu an exemption from the Federal commercial driver’s license requirement in 49 CFR 383.23 for 76 drivers, identified under the ‘‘Japanese VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 AGENCY: Maritime Administration, DOT. Notice and request for comments. ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the information collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 3, 2007. No comments were received. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Comments must be submitted on or before May 7, 2007. DATES: FOR FURTHER INFORMATION CONTACT: Thomas Christensen, Maritime Administration, 400 7th Street, SW., Washington, DC 20590. Telephone: (202) 366–5900, FAX: (202) 488–0941 or E-Mail: tom.christensen@dot.gov. Copies of this collection also can be obtained from that office. SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD). Title: Voluntary Tanker Agreement. OMB Control Number: 2133–0505. Type of Request: Extension of currently approved collection. Affected Public: Owners of tanker companies who operate in international trade and who have agreed to participate in this agreement. Forms: None. Abstract: The collection consists of a request from MARAD that each participant in the Voluntary Tanker Agreement submit a list of the names of ships owned, chartered, or contracted for by the participant, and their size and flags of registry. There is no prescribed format for this information. Annual Estimated Burden Hours: Fifteen hours (one hour per respondent). Addressee: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: MARAD Desk Officer. Comments Are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. Issued in Washington, DC on March 21, 2007. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7–6309 Filed 4–4–07; 8:45 am] BILLING CODE 4910–81–P E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16870-16871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6240]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-25290]


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

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

ACTION: Notice of final disposition; granting of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to approve Isuzu Motors America, 
Inc.'s (Isuzu) application for an exemption for 76 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. The Isuzu CMVs are prototypes that require testing under 
U.S. climatic conditions prior to being placed on the U.S. market. Each 
of these drivers holds a CDL issued in Japan, but lacks the U.S. 
residency necessary to obtain a CDL issued by one of the States of the 
United States. FMCSA believes the knowledge and skills testing and 
training program that drivers must undergo to obtain a Japanese CDL 
ensures that these drivers will achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

DATES: This decision is effective April 5, 2007.

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 grant 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'' (49 CFR 381.305 (a)). FMCSA has evaluated Isuzu's 
application on its merits and decided to grant the exemption for 76 of 
Isuzu's engineers and technicians for a two-year period.

Isuzu Application for an Exemption

    Isuzu applied for an exemption from the requirement that the 
operator of a CMV obtain a CDL, specifically 49 CFR 383.23. This 
section of the Federal Motor Carrier Safety Regulations (FMCSRs) sets 
forth the standards that States must employ in issuing CDLs to drivers 
operating in commerce. In the United States, an individual must be a 
resident of a State in order to qualify for a CDL; \1\ the Isuzu 
drivers for whom this exemption is sought are all residents of Japan. A 
copy of the request for exemption from section 383.23 is in the docket 
identified at the beginning of this notice.
---------------------------------------------------------------------------

    \1\ Although 49 CFR 393.23 indicates that these drivers could 
obtain a Nonresident CDL, few States are currently issuing 
Nonresident CDLs due to security concerns.
---------------------------------------------------------------------------

Japanese Drivers

    This exemption enables the following drivers to test-drive CMVs in 
the U.S.: Aihara Hirokazu, Akira Iiduka, Akira Yoshino, Atsushi 
Hirotsu, Atsushi Yamazaki, Chito Agatsuma, Fuki Yokoyama, Fumiaki Kubo, 
Fumiaki Takei, Fuyuki Hamanaka, Go Shinozuka, Hideki Shibata, Hiroaki 
Kurata, Hiroaki Takahashi, Hiromasa Narita, Hiroshi Osada, Hiroyoshi 
Morohoshi, Hisashi Hashiguchi, Ichirou Watanabe, Jirou Arai, Junichi 
Yamada, Jyunichi Suda, Kakuya Sekimoto, Kazuhiro Itou, Kazuhiro 
Teraguchi, Kazuyoshi Tateishi, Ken Ueda, Kenji Takashima, Kiyoaki 
Nokura, Kiyoshi Toshima, Kohki Natsumi, Manabu Andou, Masaaki Toriyama, 
Masahiko Gotou, Masahito Katou, Masayuki Tanaka, Minoru Endou, Misturu 
Denpouy, Mitsugu Sugiura, Motoyuki Kamo, Naoki Morimoto, Naomi Uchida, 
Naoyuki Itou, Noboru Azuma, Nobuhisa Okuda, Nobuyuki Iwao, Ryo Sato, 
Ryouji Matsuzawa, Satoshi Yatomi, Shigeo Shimada, Shinya Ishida, Syouji 
Takahashi, Tadao Shibuya, Tadashi Shoda, Takahiro Maemoto, Takashi 
Oguma, Takatomo Omukai, Takauki Asaoka, Takayuki Kaneda, Takeshi Kamei, 
Tatsumi Wakamori, Tatsuya Kawase, Tatsuya Sakata, Tetsuji Oshima, 
Tetuya Hiromatsu, Toshiaki Shimizu, Toshihiko Sudo, Tsuchida Minoru, 
Tsugio Fujita, Yasuhiro Sakai, Yasuo Tamamoto, Yasuyuki Fujita, 
Yoshiaki Miyamoto, Yoshinori Kunieda, Yoshinori Ugai and Youcihi 
Kurita.
    Collectively, these drivers form a team of engineers and 
technicians. Isuzu currently employs these drivers in Japan, and wants 
them to be able to operate CMVs in the U.S. for the purpose of testing 
and evaluating production and prototype Isuzu CMVs

[[Page 16871]]

to be sold for use on U.S. highways. The drivers are experienced CMV 
operators with valid Japanese-issued CDLs. Because each of the drivers 
was required to satisfy strict CDL testing standards in Japan to obtain 
a CDL, and has extensive training and experience operating CMVs, Isuzu 
believes that the exemption will maintain a level of safety equivalent 
to the level of safety that would be obtained absent the exemption.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers in Japan must hold a conventional driver's license for at 
least three years before applying to obtain a Japanese-issued CDL. At 
that point, they must take and pass both a knowledge test and a skills 
test in order to obtain a license to operate CMVs. These tests 
thoroughly assess the driver's ability to operate a CMV, and are 
comparable to the tests administered to CDL applicants 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.
    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.

Comments

    The Agency received one comment in response to its request for 
public comments (71 FR 42170, July 25, 2006). The commenter recommended 
that Isuzu use U.S. drivers for this testing. The commenter did not 
provide a substantive basis for this opinion. The docket number of this 
matter is referenced at the beginning of this notice.

FMCSA Decision

    The FMCSA decision to grant these drivers an exemption from section 
383.23 is based on the merits of the application for exemption, the 
rigorous knowledge and skills testing of Japanese drivers concerning 
the safe operation of CMVs, and consideration of the comment submitted 
in response to the public notice.

Terms and Conditions for the Exemption

    After considering the comment to the docket and based upon 
evaluation of the application for an exemption, FMCSA grants Isuzu an 
exemption from the Federal commercial driver's license requirement in 
49 CFR 383.23 for 76 drivers, identified under the ``Japanese Drivers'' 
heading above, to test-drive CMVs within the United States, subject to 
the following terms and conditions: (1) That these drivers will be 
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 on the vehicle at all times, (4) that Isuzu notify FMCSA 
in writing of any accident, as defined in 49 CFR 390.5, involving one 
of the exempted drivers, and (5) that Isuzu notify FMCSA in writing if 
any driver is convicted of a disqualifying offense described in section 
383.51 or 391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 2 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) The drivers for Isuzu 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: March 30, 2007.
John H. Hill,
Administrator.
 [FR Doc. E7-6240 Filed 4-4-07; 8:45 am]
BILLING CODE 4910-EX-P