Commercial Driver's License (CDL) Standards: Granting of Exemption; Volvo Trucks North America (Volvo), 8841-8842 [E9-4148]

Download as PDF Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices use direct observation with 15-minute interviews (.25 hour), the burden is calculated as follows: Laboratory studies: 15 studies × 200 participants × 1 hour = 3,000 hours Field studies: 10 studies × 200 participants × 1 hour = 2,000 hours Field studies (interview only): 5 studies × 200 participants × .25 hour = 250 hours 3-year total = 5,250 hours Estimated Total Annual Burden Hours: 5,250/3 = 1,750 hours Public Comments Invited: You are asked to comment on any aspect of these information collections, including: (1) Whether the proposed collections are necessary for FHWA’s performance; (2) the accuracy of the estimated burden; (3) ways for FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. FHWA will respond to your comments and summarize or include them when requesting clearance from OMB for these information data collections. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued on February 20, 2009. Judith Kane, Acting Chief, Management Programs & Analysis Division. [FR Doc. E9–4098 Filed 2–25–09; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–25756] Commercial Driver’s License (CDL) Standards: Granting of Exemption; Volvo Trucks North America (Volvo) 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 one of its drivers to enable him 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 stated the exemption is needed to support a field test to meet future air quality standards and to testdrive Volvo prototype vehicles to verify VerDate Nov<24>2008 16:56 Feb 25, 2009 Jkt 217001 results in ‘‘real world’’ environments. Its driver holds a valid CDL issued in Sweden but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes the knowledge and skills testing and training program that drivers must undergo to obtain a Swedish CDL ensures that their drivers will achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. DATES: This exemption is effective February 26, 2009 and expires February 26, 2011. 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 its field test engineer, Michael Tellstrom, 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 issued by one of the States. This section of the Federal Motor Carrier Safety Regulations (FMCSRs) sets forth the standards that States must employ in issuing CDLs. An individual must be a resident of a State in order to qualify for a CDL. The Volvo driver-employee for whom this exemption is sought is a citizen and resident of Sweden; therefore, he 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 Driver This exemption enables Michael Tellstrom to test-drive in the U.S. Volvo CMVs that are assembled, sold or primarily used in the U.S. Volvo currently employs this driver in Sweden, and wants him to be able to PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 8841 test-drive Volvo prototype vehicles at its test site and in the vicinity of Phoenix, Arizona, to verify vehicle results in ‘‘real world’’ environments. He is a highly trained, experienced CMV operator with a valid Swedish-issued CDL. Because he 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 violation-free Swedish driving record of this driver. 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 no response to its request for public comments published in the Federal Register on January 16, 2009 (74 FR 3130). Terms and Conditions for the Exemption Based upon evaluation of the application for an exemption, FMCSA grants Volvo an exemption from the CDL requirement in 49 CFR 383.23 for its driver, Michael Tellstrom, to testdrive CMVs within the United States, subject to the following terms and conditions: (1) That this driver will be subject to drug and alcohol regulations, including testing, as provided in 49 CFR part 382, (2) that this driver is 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 this driver 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 this driver, and (5) that E:\FR\FM\26FEN1.SGM 26FEN1 8842 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices Volvo notify FMCSA in writing if this 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 driver for Volvo fails 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: February 19, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–4148 Filed 2–25–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–8398; FMCSA– 2002–12294; FMCSA–2002–12844; FMCSA– 2004–17984; FMCSA–2005–20027] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 12 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective April 1, 2009. Comments must be received on or before March 30, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2000–8398; FMCSA–2002–12294; FMCSA–2002–12844; FMCSA–2004– 17984; FMCSA–2005–20027, using any of the following methods. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the VerDate Nov<24>2008 16:56 Feb 25, 2009 Jkt 217001 on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to https://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, 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 DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at https://DocketInfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 of CMVs in interstate commerce, 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 set out in 49 CFR part 381. Exemption Decision This notice addresses 12 individuals who have requested a renewal of their exemption in accordance with FMCSA procedures. FMCSA has evaluated these 12 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: David F. Breuer, Wilford F. Christian, Richard S. Cummings, Joseph A. Dean, Jimmy C. Killian, Daniel L. Jacobs, Jimmy C. Killian, Jose M. Limon-Alvarado, Eugene R. Lydick, John W. Montgomery, Billy L. Riddle, Scottie Stewart, Artis Suitt. These exemptions are extended subject to the following conditions: (1) That each individual have a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8841-8842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4148]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License (CDL) Standards: Granting of 
Exemption; Volvo Trucks North America (Volvo)

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 one of its 
drivers to enable him 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 stated the exemption is needed to support a 
field test to meet future air quality standards and to test-drive Volvo 
prototype vehicles to verify results in ``real world'' environments. 
Its driver holds a valid CDL issued in Sweden but lacks the U.S. 
residency necessary to obtain a CDL issued by one of the States. FMCSA 
believes the knowledge and skills testing and training program that 
drivers must undergo to obtain a Swedish CDL ensures that their drivers 
will achieve a level of safety that is equivalent to, or greater than, 
the level of safety achieved without the exemption.

DATES: This exemption is effective February 26, 2009 and expires 
February 26, 2011.

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 its field test engineer, Michael Tellstrom, 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 issued by one of the States. 
This section of the Federal Motor Carrier Safety Regulations (FMCSRs) 
sets forth the standards that States must employ in issuing CDLs. An 
individual must be a resident of a State in order to qualify for a CDL. 
The Volvo driver-employee for whom this exemption is sought is a 
citizen and resident of Sweden; therefore, he 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 Driver

    This exemption enables Michael Tellstrom to test-drive in the U.S. 
Volvo CMVs that are assembled, sold or primarily used in the U.S. Volvo 
currently employs this driver in Sweden, and wants him 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. He is a highly trained, experienced CMV operator 
with a valid Swedish-issued CDL. Because he 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 violation-free 
Swedish driving record of this driver.
    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 no response to its request for public comments 
published in the Federal Register on January 16, 2009 (74 FR 3130).

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA 
grants Volvo an exemption from the CDL requirement in 49 CFR 383.23 for 
its driver, Michael Tellstrom, to test-drive CMVs within the United 
States, subject to the following terms and conditions: (1) That this 
driver will be subject to drug and alcohol regulations, including 
testing, as provided in 49 CFR part 382, (2) that this driver is 
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 this 
driver 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 this driver, and (5) that

[[Page 8842]]

Volvo notify FMCSA in writing if this 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 driver for Volvo fails 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: February 19, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-4148 Filed 2-25-09; 8:45 am]
BILLING CODE 4910-EX-P
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