Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Inc.'s Exemption Application, 34828-34829 [E8-13804]

Download as PDF 34828 Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices signs. Install runway visual guidance signs. Acquire equipment (precision approach path indicators and runway end identifier lights). Construct cargo apron—phase III. Rehabilitate taxiway (design). Reconstruct taxiway D. Improve access road. Replace security gates. Decision Date: May 29, 2008. FOR FURTHER INFORMATION CONTACT: Aimee McCormick, Atlanta Airports District Office, (404) 305–7143. AMENDMENT TO PFC APPROVALS Amendment no. city, state Amendment approved date 05–05–C–01–LAX Los Angeles, CA ................................... 98–04–C–03–CLM Port Angeles, WA ................................. 00–05–C–02–LSE LaCrosse, WI ......................................... 99–03–C–02–TYR Tyler, TX ............................................... 98–02–C–02–ACT Waco, TX .............................................. 02–09–C–05–MCO Orlando, FL .......................................... 06–01–C–01–ITO Hilo, HI ................................................... 06–02–C–01–HNL Honolulu, HI .......................................... 06–02–C–01–OGG Kahalui, HI ........................................... 06–02–C–01–KOA Kona, HI ................................................ 06–02–C–01–LIH Lihue, HI ................................................. 06–10–C–02–PHL Philadelphia, PA .................................... 05–01–C–02–PIE St. Petersburg, FL .................................. 98–04–C–02–MSP Minneapolis, MN ................................... 00–05–C–03–MSP Minneapolis, MN ................................... 97–02–C–04–DSM Des Moines, IA ..................................... Issued in Washington, DC on June 3, 2008. Joe Hebert, Manager, Financial Analysis and Passenger Facility Charge Branch. [FR Doc. E8–13212 Filed 6–17–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; granting of application for exemption. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: FMCSA announces its decision to grant Volvo Trucks North America, Inc.’s (Volvo) application for an exemption for three 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. Volvo had requested that the exemption cover three Swedish engineers and technicians who will test drive CMVs for Volvo within the U.S. They stated the exemption is needed to support a Volvo field test to meet future air quality standards and to test-drive Volvo prototype vehicles to verify results in ‘‘real world’’ environments. Each of these drivers holds a valid CDL issued in Sweden but lacks the U.S. Jkt 214001 Original estimated charge exp. date Amended estimated charge exp. date $267,249,968 100,428 689,028 1,123,700 2,081,400 163,040,998 781,000 78,050,000 15,000,000 6,281,000 3,346,000 198,950,000 3,357,639 55,471,897 122,873,838 9,874,583 $697,249,968 85,444 673,014 1,113,032 1,857,193 165,358,198 467,293 46,699,392 9,573,226 3,758,090 2,002,001 238,950,000 4,051,039 47,800,645 112,533,104 9,694,565 10/01/09 12/01/99 08/01/02 08/01/08 12/01/08 10/01/12 07/01/11 07/01/11 07/01/11 07/01/11 07/01/11 09/01/17 02/01/09 05/01/01 07/01/03 05/01/02 04/01/11 08/01/99 10/01/01 08/01/08 01/01/08 10/01/12 10/01/08 10/01/08 10/01/08 10/01/08 10/01/08 04/01/18 02/01/09 04/01/01 02/01/03 05/01/02 residency necessary to obtain a CDL issued by one of the States in the U.S. FMCSA believes the knowledge and skills testing and training program that drivers must undergo to obtain a Swedish 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. This decision is effective June 18, 2008. The exemption expires on June 18, 2010. Commercial Driver’s License (CDL) Standards; Volvo Trucks North America, Inc.’s Exemption Application 18:01 Jun 17, 2008 Amended approved net PFC revenue DATES: [Docket No. FMCSA–2006–25756] VerDate Aug<31>2005 04/25/08 05/02/08 05/06/08 05/08/08 05/08/08 05/09/08 05/14/08 05/14/08 05/14/08 05/14/08 05/14/08 05/14/08 05/15/08 05/20/08 05/20/08 05/23/08 Original approved net PFC revenue Mr. Richard Clemente, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, MC– PSD, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202–366–4325. 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 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’’ (49 CFR 381.305(a)). FMCSA has evaluated Volvo’s application on its merits and decided to grant the exemption for three of Volvo’s engineers and technicians for a 2-year period. PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 Volvo Application for an Exemption Volvo applied for an exemption from the 49 CFR 383.23 requirement that the operator of a CMV obtain a CDL. 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 U.S., an individual must be a resident of a State in order to qualify for a CDL 1. The Volvo driversemployees for whom this exemption is sought are all citizens and residents of Sweden; therefore, they cannot apply for a CDL in any State of the United States. A copy of the request for exemption from section 383.23 is in the docket identified at the beginning of this notice. Swedish Drivers This exemption enables the following drivers to test-drive in the U.S. Volvo CMVs that are assembled, sold or primarily used in the U.S.: Andreas Hamsten, Carl-Gustaf Theen and Therese Johansson. Collectively, these drivers form a team of engineers and technicians. Volvo currently employs these drivers in Sweden, and wants them to be able to test-drive Volvo prototype vehicles at its test site and in the vicinity of Phoenix, Arizona, to verify vehicle results in ‘‘real world’’ environments. These drivers would test-drive Volvo CMVs that are assembled, sold or primarily used in the U.S. They are highly trained, 1 Although 49 CFR 383.23 indicates that these drivers could obtain a Nonresident CDL, few States are currently issuing Nonresident CDLs. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices experienced CMV operators with valid Swedish-issued CDLs. Because each of the drivers was required to satisfy strict CDL testing standards in Sweden to obtain a CDL and has extensive training and experience operating CMVs, Volvo 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 According to Volvo, drivers applying for a Swedish-issued CDL must undergo a training program and pass knowledge and skills tests. Volvo believes the knowledge and skills tests and training program that these drivers undergo to obtain a Swedish CDL ensure 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. requirement for a CDL. In addition, Volvo has submitted a copy of the Swedish driving record of each of these drivers, and each has a driving record free of violations. FMCSA had previously determined that the process for obtaining a Swedish-issued CDL adequately assesses the driver’s ability to operate CMVs in the U.S. Therefore, the process for obtaining a Swedish-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 on the Volvo Notice of Application for Exemption published in the Federal Register on March 14, 2008 (73 FR 13947). The commentor objected to the granting of the exemption for the three Swedish drivers, without stating any substantive reasons for the objection. rwilkins on PROD1PC63 with NOTICES FMCSA Decision FMCSA does not agree with the objection. The Agency decision to grant these drivers an exemption from section 383.23 is based on the merits of the application for exemption, and the rigorous knowledge and skills testing of Swedish drivers concerning the safe operation of CMVs. Terms and Conditions for the Exemption Based upon evaluation of the application for an exemption, FMCSA grants Volvo an exemption from the Federal CDL requirement in 49 CFR 383.23 for three drivers, identified under the ‘‘Swedish Drivers’’ heading above, to test-drive CMVs within the VerDate Aug<31>2005 18:01 Jun 17, 2008 Jkt 214001 U.S., 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 Volvo notify FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving one of the exempted drivers, and (5) that Volvo 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 Volvo 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: June 11, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–13804 Filed 6–17–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Comments must be received no later than August 18, 2008. ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 34829 Brogan, Office of Safety, Planning and Evaluation Division, RRS–21.1, Federal Railroad Administration, 1200 New Jersey Ave., SE., Room Number W33– 497, Washington, DC 20590, or Ms. Nakia Poston, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Room Number W34–204, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB control number 2130-New.’’ Alternatively, comments may be transmitted via facsimile to (202) 493– 6216 or (202) 493–6170, or via e-mail to Mr. Brogan at robert.brogan@dot.gov, or to Ms. Poston at nakia.poston@dot.gov. Please refer to the assigned OMB control number or information collection title in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21.1, Federal Railroad Administration, 1200 New Jersey Ave., SE., Room Number W33– 497, Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Nakia Poston, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave., SE., Room Number W34–204, Washington, DC 20590 (telephone: (202) 493–6073). (These telephone numbers are not tollfree.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law No. 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to provide 60-days notice to the public for comment on information collection activities before seeking approval by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (iii) ways for E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34828-34829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13804]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License (CDL) Standards; Volvo Trucks North 
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 grant Volvo Trucks North 
America, Inc.'s (Volvo) application for an exemption for three 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. Volvo had requested that the exemption cover 
three Swedish engineers and technicians who will test drive CMVs for 
Volvo within the U.S. They stated the exemption is needed to support a 
Volvo field test to meet future air quality standards and to test-drive 
Volvo prototype vehicles to verify results in ``real world'' 
environments. Each of these drivers holds a valid CDL issued in Sweden 
but lacks the U.S. residency necessary to obtain a CDL issued by one of 
the States in the U.S. FMCSA believes the knowledge and skills testing 
and training program that drivers must undergo to obtain a Swedish 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 June 18, 2008. The exemption expires 
on June 18, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202-366-4325. 
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 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'' (49 CFR 381.305(a)). FMCSA has evaluated Volvo's 
application on its merits and decided to grant the exemption for three 
of Volvo's engineers and technicians for a 2-year period.

Volvo Application for an Exemption

    Volvo applied for an exemption from the 49 CFR 383.23 requirement 
that the operator of a CMV obtain a CDL. 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 U.S., an individual must be a resident of a State in order to 
qualify for a CDL \1\. The Volvo drivers-employees for whom this 
exemption is sought are all citizens and residents of Sweden; 
therefore, they cannot apply for a CDL in any State of the United 
States. 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 383.23 indicates that these drivers could 
obtain a Nonresident CDL, few States are currently issuing 
Nonresident CDLs.
---------------------------------------------------------------------------

Swedish Drivers

    This exemption enables the following drivers to test-drive in the 
U.S. Volvo CMVs that are assembled, sold or primarily used in the U.S.: 
Andreas Hamsten, Carl-Gustaf Theen and Therese Johansson.
    Collectively, these drivers form a team of engineers and 
technicians. Volvo currently employs these drivers in Sweden, and wants 
them to be able to test-drive Volvo prototype vehicles at its test site 
and in the vicinity of Phoenix, Arizona, to verify vehicle results in 
``real world'' environments. These drivers would test-drive Volvo CMVs 
that are assembled, sold or primarily used in the U.S. They are highly 
trained,

[[Page 34829]]

experienced CMV operators with valid Swedish-issued CDLs. Because each 
of the drivers was required to satisfy strict CDL testing standards in 
Sweden to obtain a CDL and has extensive training and experience 
operating CMVs, Volvo 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

    According to Volvo, drivers applying for a Swedish-issued CDL must 
undergo a training program and pass knowledge and skills tests. Volvo 
believes the knowledge and skills tests and training program that these 
drivers undergo to obtain a Swedish CDL ensure 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. requirement for a 
CDL. In addition, Volvo has submitted a copy of the Swedish driving 
record of each of these drivers, and each has a driving record free of 
violations.
    FMCSA had previously determined that the process for obtaining a 
Swedish-issued CDL adequately assesses the driver's ability to operate 
CMVs in the U.S. Therefore, the process for obtaining a Swedish-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 on the Volvo Notice of Application for Exemption 
published in the Federal Register on March 14, 2008 (73 FR 13947). The 
commentor objected to the granting of the exemption for the three 
Swedish drivers, without stating any substantive reasons for the 
objection.

FMCSA Decision

    FMCSA does not agree with the objection. The Agency decision to 
grant these drivers an exemption from section 383.23 is based on the 
merits of the application for exemption, and the rigorous knowledge and 
skills testing of Swedish drivers concerning the safe operation of 
CMVs.

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA 
grants Volvo an exemption from the Federal CDL requirement in 49 CFR 
383.23 for three drivers, identified under the ``Swedish Drivers'' 
heading above, to test-drive CMVs within the U.S., 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 Volvo notify FMCSA 
in writing of any accident, as defined in 49 CFR 390.5, involving one 
of the exempted drivers, and (5) that Volvo 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 Volvo 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: June 11, 2008.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-13804 Filed 6-17-08; 8:45 am]
BILLING CODE 4910-EX-P

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