Commercial Driver's License Standards: Application for Exemption; Volvo Trucks North America (Volvo), 8181-8182 [2010-3561]

Download as PDF Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices Desk Officer. Comments may also be sent via e-mail to OMB at the following address: oira_submissions@omb.eop.gov. Comments are invited on the following: Whether the proposed collections of information are necessary for the proper performance of the functions of FRA, including whether the information will have practical utility; the accuracy of FRA’s estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the Federal Register. Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC on February 17, 2010. Kimberly Coronel, Director, Office of Financial Management, Federal Railroad Administration. [FR Doc. 2010–3427 Filed 2–22–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–25756] Commercial Driver’s License Standards: Application for Exemption; Volvo Trucks North America (Volvo) mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has applied for an exemption from the Federal requirement for a driver of commercial motor vehicles (CMVs) to hold a commercial driver’s license (CDL). Volvo requests that the exemption cover one Swedish field-test engineer who will test-drive CMVs for Volvo within the United States. The Volvo employee holds a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future clean air standards, to testdrive Volvo prototype vehicles to verify results in ‘‘real world’’ environments, and, if necessary, to deliver the vehicles in the United States. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 to obtain a Swedish CDL ensures 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. requirements for a CDL. DATES: Comments must be received on or before March 25, 2010. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2006–25756 by any of the following methods: • Web site: http:// 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 http:// 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 http:// 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 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 19477–78) or you may visit http:// www.regulations.gov. Public Participation: The http:// 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 http://www.regulations.gov Web site and also at the DOT’s http:// docketsinfo.dot.gov Web site. If you PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 8181 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, 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 the conducting of 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 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 Volvo has applied for an exemption from the CDL rules, specifically 49 CFR 383.23 that prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Volvo requests the exemption because this driver-employee is a citizen and resident of Sweden, and therefore cannot apply for a CDL in any of the United States. A copy of the application is in Docket No. FMCSA– 2006–25756. The exemption would allow one driver to operate CMVs in interstate commerce as part of a team of drivers who will support a Volvo field E:\FR\FM\23FEN1.SGM 23FEN1 8182 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices test to meet future air quality standards. The driver will test-drive Volvo prototype vehicles at its test site and in the vicinity around Phoenix, Arizona, verify results in ‘‘real world’’ environments, and, if necessary, deliver the vehicles in the U.S. The driver is Edvard Lundgren, and Volvo requests that the exemption cover a 2-year period. This driver holds a valid Swedish CDL, and as explained by Volvo in previous exemption requests, drivers applying for a Swedish-issued CDL must undergo a training program and pass knowledge and skills tests. Volvo also stated in prior exemption requests that the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish 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 Swedishissued CDL is comparable to, or as effective as, the Federal requirements of Part 383, and adequately assesses the driver’s ability to operate CMVs in the U.S. In the past 2 years, FMCSA has published several notices of similar Volvo requests. An FMCSA notice of a similar nature was published on January 5, 2009, granting a comparable exemption to Volvo for a Swedish CDL driver permitting operation of CMVs in the U.S. (74 FR 333). Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2009–0294] 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 twenty-four 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 February 23, 2010. The exemptions expire on February 23, 2012. 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: Electronic Access Issued on: February 16, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// 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 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 http://www.regulations.gov. [FR Doc. 2010–3561 Filed 2–22–10; 8:45 am] Background BILLING CODE 4910–EX–P On December 22, 2009, FMCSA published a notice of receipt of Federal diabetes exemption applications from Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Volvo’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 March 25, 2010. 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. mstockstill on DSKH9S0YB1PROD with NOTICES DEPARTMENT OF TRANSPORTATION VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 twenty-four individuals and requested comments from the public (74 FR 68092). The public comment period closed on January 21, 2010 and one comment was received. FMCSA has evaluated the eligibility of the twenty-four 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 September 3, 2003 (68 FR 52441) Federal Register 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 twenty-four applicants have had ITDM over a range of 1 to 42 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 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 his/her 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). E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8181-8182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3561]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License Standards: Application for Exemption; 
Volvo Trucks North America (Volvo)

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

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

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

SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has 
applied for an exemption from the Federal requirement for a driver of 
commercial motor vehicles (CMVs) to hold a commercial driver's license 
(CDL). Volvo requests that the exemption cover one Swedish field-test 
engineer who will test-drive CMVs for Volvo within the United States. 
The Volvo employee holds a valid Swedish CDL. Volvo states the 
exemption is needed to support a Volvo field test to meet future clean 
air standards, to test-drive Volvo prototype vehicles to verify results 
in ``real world'' environments, and, if necessary, to deliver the 
vehicles in the United States. Volvo believes the knowledge and skills 
tests and training program that Swedish drivers undergo to obtain a 
Swedish CDL ensures 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. requirements for a CDL.

DATES: Comments must be received on or before March 25, 2010.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Web site: http://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 http://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 http://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 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 19477-78) or you may visit http://www.regulations.gov.
    Public Participation: The http://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 http://www.regulations.gov Web site and 
also at the DOT's http://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, 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 the 
conducting of 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 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

    Volvo has applied for an exemption from the CDL rules, specifically 
49 CFR 383.23 that prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Volvo requests the 
exemption because this driver-employee is a citizen and resident of 
Sweden, and therefore cannot apply for a CDL in any of the United 
States. A copy of the application is in Docket No. FMCSA-2006-25756. 
The exemption would allow one driver to operate CMVs in interstate 
commerce as part of a team of drivers who will support a Volvo field

[[Page 8182]]

test to meet future air quality standards. The driver will test-drive 
Volvo prototype vehicles at its test site and in the vicinity around 
Phoenix, Arizona, verify results in ``real world'' environments, and, 
if necessary, deliver the vehicles in the U.S. The driver is Edvard 
Lundgren, and Volvo requests that the exemption cover a 2-year period.
    This driver holds a valid Swedish CDL, and as explained by Volvo in 
previous exemption requests, drivers applying for a Swedish-issued CDL 
must undergo a training program and pass knowledge and skills tests. 
Volvo also stated in prior exemption requests that the knowledge and 
skills tests and training program that Swedish drivers undergo to 
obtain a Swedish 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 
Swedish-issued CDL is comparable to, or as effective as, the Federal 
requirements of Part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. In the past 2 years, FMCSA has published 
several notices of similar Volvo requests. An FMCSA notice of a similar 
nature was published on January 5, 2009, granting a comparable 
exemption to Volvo for a Swedish CDL driver permitting operation of 
CMVs in the U.S. (74 FR 333).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Volvo'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 March 25, 2010. 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: February 16, 2010.
 Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3561 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P