Commercial Driver's License Standards: Application for Exemption; Isuzu Motors America, Inc. (Isuzu), 15575-15577 [E9-7564]

Download as PDF Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices pwalker on PROD1PC71 with NOTICES Dated: March 3, 2009. James B. Steinberg, Deputy Secretary of State, Department of State. [FR Doc. E9–7675 Filed 4–3–09; 8:45 am] 405/NE 195th Street to SR 527 Northbound Auxiliary Lane Project. The Project will construct a northbound auxiliary lane for approximately 1.8 miles along I–405 (milepost 24.6 to milepost 26.4) from NE 195th Street BILLING CODE 4710–17–P north to SR 527. As part of the Project, WSDOT will also be constructing DEPARTMENT OF TRANSPORTATION associated stormwater treatment and a noise wall. 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The actions relate to the proposed I–405/NE ECS and other documents in the FHWA 195th to SR 527 Northbound Auxiliary Lane Project in the City of Bothell, King administrative record are available by and Snohomish Counties, in the State of contacting FHWA or WSDOT at the addresses provided above. The FHWA Washington. These actions grant Federal Aid number is ARRA– licenses, permits, and approvals for the 4053(859). Project. This notice applies to all Federal DATES: By this notice, FHWA is advising agency decisions on the project as of the the public of final agency actions issuance date of this notice and all laws subject to 23 U.S.C. 139(l)(1). A claim under which such actions were taken, seeking judicial review of the Federal including but not limited to: agency actions on any of the listed 1. General: National Environmental highway projects will be barred unless Policy Act [42 U.S.C. 4321–4351]; the claim is filed on or before October Federal-Aid Highway Act [23 U.S.C. 5, 2009. If the Federal law that 109]. authorizes judicial review of a claim 2. Air: Clean Air Act, as amended [42 provides a time period of less than 180 U.S.C. 7401–7671(q)]. days for filing such claim, then that 3. Land: Section 4(f) of the shorter time period still applies. Department of Transportation Act of FOR FURTHER INFORMATION CONTACT: Pete 1966 [49 U.S.C. 303]; Landscaping and Jilek, Urban Area Engineer, Federal Scenic Enhancement (Wildflowers) [23 Highway Administration, 711 S. Capitol U.S.C. 319]. Way #501, Olympia, WA 98501; 4. Wildlife: Endangered Species Act telephone: (360) 753–9550; and e-mail: [16 U.S.C. 1531–1544]; Anadromous pete.jilek@dot.gov. The FHWA Fish Conservation Act [16 U.S.C. 757(a)Washington Division’s Urban Area 757(g)]; Fish and Wildlife Coordination Engineer’s regular office hours are Act [16 U.S.C. 661–667(d)]; Magnusonbetween 7 a.m. and 4 p.m. (Pacific Stevenson Fishery Conservation and Time). You may also contact William Management Act of 1976, as amended Jordan, I–405 Environmental Manager, [16 U.S.C. 1801 et seq.]. Washington State Department of 5. Historic and Cultural Resources: Transportation, 600–108th Avenue, NE., Section 106 of the National Historic Suite 405, Bellevue, WA 98004; Preservation Act of 1966, as amended telephone: (425) 456–8547; and e-mail: [16 U.S.C. 470(f) et seq.]; Archaeological william.jordan@i405.wsdot.wa.gov. The Resources Protection Act of 1977 [16 I–405 Corridor Program’s regular office U.S.C. 470(aa)-11]; Archaeological and hours are between 8 a.m. and 5 p.m. Historic Preservation Act [16 U.S.C. (Pacific Time). 469–469(c)]; Native American Grave SUPPLEMENTARY INFORMATION: Notice is Protection and Repatriation Act [25 hereby given that FHWA and other U.S.C. 3001–3013]. 6. 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Authority: 23 U.S.C. 139(l)(1). Peter A. Jilek, Urban Area Engineer, Olympia, Washington. [FR Doc. E9–7610 Filed 4–3–09; 8:45 am] BILLING CODE 4910–RY–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) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. E:\FR\FM\06APN1.SGM 06APN1 15576 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices ACTION: Notice of application for exemption; request for comments. pwalker on PROD1PC71 with NOTICES SUMMARY: FMCSA announces that Isuzu North America Corporation (Isuzu) has applied for an exemption from the Federal requirement that drivers of commercial motor vehicles (CMV) hold a commercial driver’s license (CDL) issued by one of the States. Isuzu requests exemption so that 20 of its Japanese employees can test-drive Isuzu CMVs in the United States. Each of these 20 Isuzu employees holds a valid Japanese CDL but lacks the U.S. residency necessary to obtain a CDL from one of the States. Isuzu believes the knowledge and skills tests and training program that drivers undergo to obtain a Japanese CDL would provide for a level of safety that is equivalent to, or greater than, the level of safety that would be achieved without the exemption. DATES: Comments must be received on or before May 6, 2009. ADDRESSES: You may submit comments to Federal Docket Management System Number FMCSA–2003–25290 by any of the following methods: • Web site: https:// 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 W12–140, 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 https://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 https:// 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 may search the electronic form of all comments VerDate Nov<24>2008 19:48 Apr 03, 2009 Jkt 217001 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 https:// www.regulations.gov. Public Participation: The https:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the https://www.regulations.gov Web site and also at https:// docketsinfo.dot.gov. 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 provide for a level of safety that is equivalent to, or greater than, the level achieved without the exemption (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 the request for exemption 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 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 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) rule, specifically 49 CFR 383.23, that prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Isuzu requests the exemption because its driveremployees, as citizens and residents of Japan, 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 20 drivers to operate CMVs in interstate commerce as a team, testing and evaluating production and prototype CMVs in the United States in order to assist in the design of safe vehicles for sale in the United States. The drivers are: Tadashi Shoda, Ryouji Matsuzawa, Hisashi Hashiguchi, Nobuhisa Okuda, Minoru Endo, Fumiaki Takei, Akira Yoshino, Tadao Shibuya, Akira Iizuka, Yoshinori Ugai, Kazuyoshi Tateishi, Naomi Uchida, Kiyoshi Toshima, Khoki Natsumi, Minuro Tsuchida, Mitsuo Konno, Hiroaki Kurata, Naoki Morimoto, Takayuki Kaneda, and Chito Agatsuma. 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 driver 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 provide for a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. FMCSA has previously determined that 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 a similar 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 CDL requirements of 49 CFR 383.23. The Agency will consider all comments received by close of business on May 6, 2009. Comments will be available for E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 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: March 27, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–7564 Filed 4–3–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2008–0399] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt thirty-seven individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective April 6, 2009. The exemptions expire on April 6, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with NOTICES Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/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. Privacy Act: Anyone may search the electronic form of all comments VerDate Nov<24>2008 19:48 Apr 03, 2009 Jkt 217001 received into any of DOT’s 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, or other entity). You may review DOT’s complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at https://Docketinfo.dot.gov. Background On February 12, 2009, FMCSA published a notice of receipt of Federal diabetes exemption applications from thirty-seven individuals, and requested comments from the public (74 FR 7093). The public comment period closed on March 16, 2009 and no comments were received. FMCSA has evaluated the eligibility of the thirty-seven applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current standard for diabetes in 1970 because several risk studies indicated that diabetic drivers had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The 2003 notice in conjunction with the November 8, 2005 (70 FR 67777) Federal Register Notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These thirty-seven applicants have had ITDM over a range of 1 to 47 years. These applicants report no hypoglycemic reaction that resulted in loss of consciousness or seizure, that required the assistance of another person, or resulted in impaired cognitive function without warning PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 15577 symptoms in the past 5 years (with one year of stability following any such episode). In each case, an endocrinologist has verified that the driver has demonstrated willingness to properly monitor and manage their diabetes, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the February 12, 2009, Federal Register Notice (74 FR 7093). Therefore, they will not be repeated in this notice. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologist’s medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not they are related to an episode of hypoglycemia; (3) 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 (4) that each individual provide a copy of the annual E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Pages 15575-15577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7564]


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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.

[[Page 15576]]


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

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

SUMMARY: FMCSA announces that Isuzu North America Corporation (Isuzu) 
has applied for an exemption from the Federal requirement that drivers 
of commercial motor vehicles (CMV) hold a commercial driver's license 
(CDL) issued by one of the States. Isuzu requests exemption so that 20 
of its Japanese employees can test-drive Isuzu CMVs in the United 
States. Each of these 20 Isuzu employees holds a valid Japanese CDL but 
lacks the U.S. residency necessary to obtain a CDL from one of the 
States. Isuzu believes the knowledge and skills tests and training 
program that drivers undergo to obtain a Japanese CDL would provide for 
a level of safety that is equivalent to, or greater than, the level of 
safety that would be achieved without the exemption.

DATES: Comments must be received on or before May 6, 2009.

ADDRESSES: You may submit comments to Federal Docket Management System 
Number FMCSA-2003-25290 by any of the following methods:
     Web site: https://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 W12-140, 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 https://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 https://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 may 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 https://www.regulations.gov.
    Public Participation: The https://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can 
obtain electronic submission and retrieval help and guidelines under 
the ``help'' section of the https://www.regulations.gov Web site and 
also at https://docketsinfo.dot.gov. 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 provide for a 
level of safety that is equivalent to, or greater than, the level 
achieved without the exemption (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 the request for exemption 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) rule, specifically 49 CFR 383.23, that prescribes 
licensing requirements for drivers operating CMVs in interstate or 
intrastate commerce. Isuzu requests the exemption because its driver-
employees, as citizens and residents of Japan, 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 20 drivers to operate CMVs 
in interstate commerce as a team, testing and evaluating production and 
prototype CMVs in the United States in order to assist in the design of 
safe vehicles for sale in the United States.
    The drivers are: Tadashi Shoda, Ryouji Matsuzawa, Hisashi 
Hashiguchi, Nobuhisa Okuda, Minoru Endo, Fumiaki Takei, Akira Yoshino, 
Tadao Shibuya, Akira Iizuka, Yoshinori Ugai, Kazuyoshi Tateishi, Naomi 
Uchida, Kiyoshi Toshima, Khoki Natsumi, Minuro Tsuchida, Mitsuo Konno, 
Hiroaki Kurata, Naoki Morimoto, Takayuki Kaneda, and Chito Agatsuma.
    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 driver 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 provide for a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption. FMCSA has previously determined that 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 a similar 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 CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on May 6, 2009. Comments will be 
available for

[[Page 15577]]

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: March 27, 2009.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-7564 Filed 4-3-09; 8:45 am]
BILLING CODE 4910-EX-P

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