Commercial Driver's License Standards: Application for Exemption; Isuzu Motors America, Inc. (Isuzu), 50065-50067 [E8-19639]
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
ebenthall on PRODPC60 with NOTICES
In accordance with section 47107(h)
of title 49, United States Code, this
notice is required to be published in the
Federal Register 30 days before
modifying the land-use assurance that
requires the property to be used for an
aeronautical purpose.
DATES: Comments must be received on
or before September 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephanie Swann, Program Manager,
Detroit Airports District Office, 11677
South Wayne Road, Suite 107, Romulus,
Michigan 48174. Telephone Number:
(734)–229–2945/FAX Number: (734)–
229–2950. Documents reflecting this
FAA action may be reviewed at this
same location or at Mansfield Lahm
International Airport, Mansfield, Ohio.
SUPPLEMENTARY INFORMATION: Following
is a legal description of the property
located in Madison Township, County
of Richland, State of Ohio, and
described as follows: (Legal Description
of Property).
Being a part of the northeast Quarter of
Section 5, Township 21, Range 18 of
Madison Township, and more fully described
as follows:
Beginning at the intersection of the east
line of the Northeast Quarter of Section 5 and
the centerline of Nail Road (which is the
south line of the Northeast Quarter of Section
5); thence west along and with the centerline
of Nail Road a distance of 1724 ft. to a point
in the centerline of Bowman Street Road (CH
215); thence north 28 degrees 30 minutes
west along and with the centerline of
Bowman Street Road a distance of 1254.5 ft.;
thence south 80 degrees 00 minutes east a
distance of 389 ft.; thence north 2 degrees 30
minutes east a distance of 1884 ft. to a point
in the centerline of Crall Road (CH237);
thence south 89 degrees 48 minutes east
along and with the centerline of Crall Road
a distance of 1854 ft.; thence south 0 degrees
8 minutes east a distance of 2900 ft. to the
place of beginning and contains 129.80 acres
more or less and subject to all legal
highways.
Also the following described premises:
Being a part of the northwest Quarter of
Section 4, Township 21, Range 18 of
Madison Township, and more particularly
described as follows:
Beginning at the intersection of the west
line of the Northwest Quarter of Section 4
and the centerline of Nail Road (which is the
south line of the northwest Quarter of
Section 4); thence east along and with the
centerline of Nail Road a distance of 720 feet;
thence north 1 degree 16 minutes east a
distance of 2344 feet; thence north 88 degrees
44 minutes west a distance of 391 feet;
thence south 2 degrees 43 minutes west a
distance of 383 feet; thence south 89 degrees
40 minutes west a distance of 372.7 feet;
thence south 0 degrees 8 minutes east a
distance of 1974 feet to the place of
beginning and contains 37.31 acres more or
less and subject to all legal highways. Now
located in the City of Mansfield.
VerDate Aug<31>2005
15:18 Aug 22, 2008
Jkt 214001
Issued in Romulus, Michigan on July 28,
2008.
Matthew J. Thys,
Manager, Detroit Airports District Office,
FAA, Great Lakes Region.
[FR Doc. E8–19565 Filed 8–22–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: This notice provides
information regarding the FHWA’s
finding that a Buy America waiver is
appropriate for stainless steel clad
reinforcing bars used in certain Federalaid construction projects in Virginia.
DATES: The effective date of the waiver
is August 26, 2008.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, gerald.yakowenko@dot.gov.
For legal questions, please contact
Michael Harkins, FHWA Office of the
Chief Counsel, (202) 366–4928,
michael.harkins@dot.gov. Office hours
for the FHWA are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register ’s home page at: https://
www.archives.gov and the Government
Printing Office’s database at: https://
www.access.gpo.gov/nara. .
Background
The FHWA’s Buy America policy in
23 CFR 635.410 requires a domestic
manufacturing process for any steel or
iron products (including protective
coatings) that are permanently
incorporated in a Federal-aid
construction project. The regulation also
provides for a waiver of the Buy
America requirements when the
application would be inconsistent with
the public interest or when satisfactory
quality domestic steel and iron products
are not sufficiently available. This
notice provides information regarding
the FHWA’s finding that a Buy America
waiver is appropriate for stainless steel
clad reinforcing bars used for certain
Federal-aid projects administered by the
Virginia Department of Transportation.
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Frm 00084
Fmt 4703
Sfmt 4703
50065
In accordance with the Division K,
section 130 of the ‘‘Consolidated
Appropriations Act, 2008’’ (Pub. L. 110–
161), the FHWA published a notice of
intent to issue a waiver on its Web site
for stainless steel clad reinforcing bars
for selected Federal-aid projects in
Virginia (https://www.fhwa.dot.gov/
construction/contracts/
waivers.cfm?id=13) on June 22, 2008.
The FHWA evaluated several comments
that were received in response to the
notice. Several commenters suggested
that solid stainless rebar should be used
and that stainless clad rebar may be
more expensive than solid stainless
rebar. Other commenters disagreed with
this position. The Virginia Department
of Transportation’s waiver request is to
evaluate the stainless clad reinforcing
bars along with two other types of
corrosion resistant reinforcing steels
(ASTM1035 and solid stainless) under
an experimental project. The FHWA
agrees with the Virginia Department of
Transportation that it is in the public
interest to waive the Buy America
requirements for this experimental
project; therefore, the FHWA concludes
that a Buy America waiver is
appropriate as provided by 23 CFR
635.410(c)(1).
In accordance with the provisions of
section 117 of the ‘‘SAFETEA—LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), the FHWA
is providing this notice as its finding
that a waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of the finding. Comments
may be submitted to the FHWA’s Web
site via the link to the Virginia waiver
page noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410)
Issued on: August 14, 2008.
James D. Ray,
Acting Federal Highway Administrator.
[FR Doc. E8–19638 Filed 8–22–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2003–25290]
Commercial Driver’s License
Standards: Application for Exemption;
Isuzu Motors America, Inc. (Isuzu)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
E:\FR\FM\25AUN1.SGM
25AUN1
ebenthall on PRODPC60 with NOTICES
50066
Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
SUMMARY: FMCSA announces that Isuzu
Motors America (Isuzu) has applied for
an exemption from the Federal
requirement for a driver of a commercial
motor vehicle (CMV) to hold a
commercial driver’s license (CDL). Isuzu
requests that the exemption cover 27 of
its commercial motor vehicle (CMV)
drivers who will test-drive CMVs for
Isuzu in the United States. Each of these
27 Isuzu employees holds a valid
Japanese CDL but lacks the U.S.
residency necessary to obtain a CDL
from one of the States of the U.S. Isuzu
believes the knowledge and skills tests
and training program that drivers
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 that
would be obtained by complying with
the exemption.
DATES: Comments must be received on
or before September 24, 2008.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number [FMCSA–
2003–25290] by any of the following
methods:
• Web site: www.regulations.gov.
Follow the instructions for submitting
comments on the Federal electronic
docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation,
Room W–12–140, 1200 New Jersey
Avenue, SE., 20590–0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m. e.t., 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
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 or to
the ground floor, room W12–140, DOT
Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of the our dockets by
the name of the individual submitting
VerDate Aug<31>2005
15:18 Aug 22, 2008
Jkt 214001
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
19477) 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 https://
docketsinfo.dot.gov Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert Schultz, Jr., 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
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.
105–178, 112 Stat. 107, June 9, 1998)
amended 49 U.S.C. 31315 and 31136(e)
to provide authority to grant exemptions
from motor carrier safety regulations.
Under its 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 any safety analyses. The
Agency must also provide an
opportunity for public comment on the
application.
The Agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by
complying with the current regulation
(49 CFR 381.305). The decision of the
Agency must be published in the
Federal Register (49 CFR 381.315(b))
with the reason for denying or, in the
alternative, the specific person or class
of persons receiving the exemption, and
the regulatory provision or provisions
from which exemption is granted. The
notice must also specify the effective
period of the exemption (up to 2 years),
and explain the terms and conditions of
the exemption. The exemption may be
renewed (49 CFR 381.300(b)).
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Request for Exemption
Isuzu has applied for an exemption
from the commercial driver’s license
(CDL) rules, specifically 49 CFR 383.23
that prescribes licensing requirements
for drivers operating commercial motor
vehicles (CMVs) in interstate or
intrastate commerce. Isuzu requests the
exemption because its driver-employees
are citizens and residents of Japan, and
because they cannot apply for a CDL in
any of the United States. A copy of the
application is in Docket No. FMCSA–
2003–25290. The exemption would
allow 27 drivers to operate CMVs in
interstate commerce as a team, testing
and evaluating production and
prototype commercial motor vehicles in
the United States in order to assist in
the design of safe vehicles for sale in the
United States.
The drivers are: Yasushi Akazawa,
Kenji Takashima, Kunihisa Nagata,
Hidenori Seki, Toshihiko Morikawa,
Koichi Uneo, Atsushi Fujiwara,
Katsushi Suzuki, Mitsugu Yamamoto,
Takashi Nakaya, Takahisa Chiba,
Shigeru Kitano, Daisuke Mori, Takahiro
Kakizaki, Takamasa Ono, Koichi Sekine,
Shinichi Takahashi, Shinya Ogawa,
Masamitsu Oohata, Tamotsu
Watanabe,Masahito Suzuki, Kazuya
Suwa, Hiroshi Yokobori, Tatsuji
Kitamura, Shinichi Ishiguro, Takashi
Hiromatsu, and Jun Mizushima.
Each driver holds a valid Japanese
CDL, and as explained by Isuzu in
previous exemption requests, drivers
applying for a Japanese-issued CDL
must undergo a training program and
pass knowledge and skills tests. Isuzu
also stated in prior exemption requests
that the knowledge and skills tests and
training program that Japanese drivers
undergo to obtain a Japanese CDL
ensure the exemption provides 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.
FMCSA has previously determined
the process for obtaining a Japanese CDL
is comparable to, or as effective as, the
Federal CDL knowledge and skills
requirements of 49 CFR part 383 as
enforced by the States, and adequately
assesses the driver’s ability to operate
CMVs in the U.S. The initial notice of
a similar nature was published by
FMCSA on October 16, 2003, granting
this exemption to Isuzu for 31 Japanese
CDL drivers (68 FR 59677).
Request for Comments
In accordance with 49 U.S.C.
31315(b)(4) and 31136(e), FMCSA
requests public comment on Isuzu’s
application for an exemption from the
E:\FR\FM\25AUN1.SGM
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
CDL requirements of49 CFR 383.23. The
Agency will consider all comments
received by close of business on
September 24, 2008. Comments will be
available for examination in the docket
at the location listed under the
ADDRESSES section of this notice. The
Agency will consider to the extent
practicable comments received in the
public docket after the closing date of
the comment period.
Issued on August 18, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–19639 Filed 8–22–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26367]
Motor Carrier Safety Advisory
Committee Public Meeting
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Motor Carrier Safety
Advisory Committee Meeting.
AGENCY:
ebenthall on PRODPC60 with NOTICES
SUMMARY: FMCSA announces that the
Motor Carrier Safety Advisory
Committee (MCSAC) will hold a
committee meeting. The meeting is open
to the public.
DATES: The meeting will be held on
September 9, 2008, from 12 pm to 4 pm
Eastern Daylight Time.
ADDRESSES: The meeting will take place
at the L’Enfant Plaza Hotel, Quorum
Room, 480 L’Enfant Plaza, SW.,
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey Miller, Chief, Strategic Planning
and Program Evaluation Division, Office
of Policy Plans and Regulation, Federal
Motor Carrier Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–1258,
mcsac@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 4144 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU,
Pub. L. 109–59) required the Secretary
of the U.S. Department of
Transportation to establish in FMCSA, a
Motor Carrier Safety Advisory
Committee. The advisory committee
provides advice and recommendations
to the FMCSA Administrator on motor
carrier safety programs and motor
VerDate Aug<31>2005
15:18 Aug 22, 2008
Jkt 214001
50067
carrier safety regulations. The advisory
committee operates in accordance with
the Federal Advisory Committee Act (5
U.S.C. App 2). The FMCSA
Administrator appointed 15 members to
serve on the advisory committee on
March 5, 2007.
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
II. Meeting Participation
The meeting is open to the public and
FMCSA invites participation by all
interested parties, including motor
carriers, drivers, and representatives of
motor carrier associations. For
information on facilities or services for
individuals with disabilities or to
request special assistance, please e-mail
your request to mcsac@dot.gov by
September 5, 2008. As a general matter,
the committee will make one hour
available for public comments at the
meeting from 3 pm to 4 pm. Individuals
wishing to address the committee
should send an e-mail to mcsac@dot.gov
by close of business on September 5,
2008. The time available will be
reasonably divided among those who
have signed up to address the
committee; however, no one will have
more than 15 minutes. Individuals
wanting to present written materials to
the committee should submit written
comments identified by Federal Docket
Management System (FDMC) Docket
Number FMCSA–2006–26367 using any
of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Room W12–140, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Harsco Track Technologies (Waiver
Petition Docket Number FRA–2008–
0070)
Harsco Track Technologies (HTT) is
seeking a waiver of compliance from 49
CFR Part § 214.505(a), pertaining to
enclosed cabs on on-track roadway
maintenance machines (RMM).
Specifically, HTT would like relief from
the requirement of an enclosed cab,
operable heating and air conditioning
system, and positive pressurized
ventilation system on a remotely
controlled RMM.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g. ,
Waiver Petition Docket Number FRA–
2008–0070) and may be submitted by
any of the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–19742 Filed 8–22–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
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Agencies
[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 50065-50067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19639]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-25290]
Commercial Driver's License Standards: Application for Exemption;
Isuzu Motors America, Inc. (Isuzu)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
[[Page 50066]]
SUMMARY: FMCSA announces that Isuzu Motors America (Isuzu) has applied
for an exemption from the Federal requirement for a driver of a
commercial motor vehicle (CMV) to hold a commercial driver's license
(CDL). Isuzu requests that the exemption cover 27 of its commercial
motor vehicle (CMV) drivers who will test-drive CMVs for Isuzu in the
United States. Each of these 27 Isuzu employees holds a valid Japanese
CDL but lacks the U.S. residency necessary to obtain a CDL from one of
the States of the U.S. Isuzu believes the knowledge and skills tests
and training program that drivers 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 that would be
obtained by complying with the exemption.
DATES: Comments must be received on or before September 24, 2008.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number [FMCSA-2003-25290] by any of the following
methods:
Web site: www.regulations.gov. Follow the instructions for
submitting comments on the Federal electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, Room W-12-140, 1200 New Jersey Avenue, SE., 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., 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 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 or to the
ground floor, room W12-140, DOT Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of the 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 19477) 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 https://
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:
Mr. Robert Schultz, Jr., 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
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. Under its 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 any
safety analyses. The Agency must also provide an opportunity for public
comment on the application.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by complying with the current regulation (49 CFR 381.305). The
decision of the Agency must be published in the Federal Register (49
CFR 381.315(b)) with the reason for denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which exemption is granted. The
notice must also specify the effective period of the exemption (up to 2
years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Request for Exemption
Isuzu has applied for an exemption from the commercial driver's
license (CDL) rules, specifically 49 CFR 383.23 that prescribes
licensing requirements for drivers operating commercial motor vehicles
(CMVs) in interstate or intrastate commerce. Isuzu requests the
exemption because its driver-employees are citizens and residents of
Japan, and because they cannot apply for a CDL in any of the United
States. A copy of the application is in Docket No. FMCSA-2003-25290.
The exemption would allow 27 drivers to operate CMVs in interstate
commerce as a team, testing and evaluating production and prototype
commercial motor vehicles in the United States in order to assist in
the design of safe vehicles for sale in the United States.
The drivers are: Yasushi Akazawa, Kenji Takashima, Kunihisa Nagata,
Hidenori Seki, Toshihiko Morikawa, Koichi Uneo, Atsushi Fujiwara,
Katsushi Suzuki, Mitsugu Yamamoto, Takashi Nakaya, Takahisa Chiba,
Shigeru Kitano, Daisuke Mori, Takahiro Kakizaki, Takamasa Ono, Koichi
Sekine, Shinichi Takahashi, Shinya Ogawa, Masamitsu Oohata, Tamotsu
Watanabe,Masahito Suzuki, Kazuya Suwa, Hiroshi Yokobori, Tatsuji
Kitamura, Shinichi Ishiguro, Takashi Hiromatsu, and Jun Mizushima.
Each driver holds a valid Japanese CDL, and as explained by Isuzu
in previous exemption requests, drivers applying for a Japanese-issued
CDL must undergo a training program and pass knowledge and skills
tests. Isuzu also stated in prior exemption requests that the knowledge
and skills tests and training program that Japanese drivers undergo to
obtain a Japanese CDL ensure the exemption provides 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.
FMCSA has previously determined the process for obtaining a
Japanese CDL is comparable to, or as effective as, the Federal CDL
knowledge and skills requirements of 49 CFR part 383 as enforced by the
States, and adequately assesses the driver's ability to operate CMVs in
the U.S. The initial notice of a similar nature was published by FMCSA
on October 16, 2003, granting this exemption to Isuzu for 31 Japanese
CDL drivers (68 FR 59677).
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Isuzu's application for an exemption from
the
[[Page 50067]]
CDL requirements of49 CFR 383.23. The Agency will consider all comments
received by close of business on September 24, 2008. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will consider to the
extent practicable comments received in the public docket after the
closing date of the comment period.
Issued on August 18, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-19639 Filed 8-22-08; 8:45 am]
BILLING CODE 4910-EX-P