Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Renewal of Exemption, 25761-25762 [2011-11026]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25761-25762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11026]



[[Page 25761]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2006-25756]


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

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA renews an exemption from the requirement to hold a 
commercial driver's license (CDL) sought by Volvo Trucks North America 
(Volvo) on behalf of five employees. Volvo requested renewal of the CDL 
exemption for five Swedish engineers employed by the company to enable 
these individuals to continue test-driving commercial motor vehicles 
(CMVs) in the United States. All hold valid Swedish CDLs. FMCSA 
believes that the training program and knowledge and skills testing 
that drivers must undergo to obtain a Swedish CDL ensure a level of 
safety equivalent to, or greater than, the level of safety that would 
be obtained by complying with the U.S. requirement for a CDL.

DATES: Comments must be received on or before June 6, 2011. Effective 
date of the exemption is April 23, 2011 to April 23, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2006-
25756 and click on the tab labeled SEARCH. On the ensuing page, click 
on any tab labeled SUBMIT A COMMENT on the extreme right of the page 
and a page should open that is titled ``Submit a Comment.'' You may 
identify yourself under section 1, ENTER INFORMATION, or you may skip 
section 1 and remain anonymous. You enter your comments in section 2, 
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments, 
click on the tab labeled SUBMIT. Your comment is then submitted to the 
docket; and you will receive a tracking number.
     Fax: 1-202-493-2251.
     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: West Building, Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
ET, 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 www.regulations.gov at any time, and in the 
ENTER KEYWORD OR ID box enter FMCSA-2006-25756 and click on the tab 
labeled SEARCH.
    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 19476) 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: Ms. Christine Hydock, 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the CDL requirements of 49 CFR 383.23 for a maximum 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.'' The procedures for requesting an 
exemption (including renewals) are prescribed in 49 CFR part 381.

Volvo Application for Exemption Renewal

    Volvo applied for a 2-year renewal of an exemption from 49 CFR 
383.23, the CDL requirement for drivers operating CMVs, for Johnny 
Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten, and Lars Svensson. 
A copy of the request for renewal, dated November 10, 2010, is in the 
docket identified at the beginning of this notice.
    FMCSA initially granted an exemption to seven Swedish engineers and 
technicians employed by Volvo on May 5, 2009 (74 FR 20778). Detailed 
information about the qualifications and experience of each of the 
seven drivers, including the five affected by this notice, was provided 
by Volvo in its original application, a copy of which is in the docket 
referenced above. Volvo is seeking a renewal of this exemption because 
the five drivers are citizens and residents of Sweden, and cannot 
easily obtain a non-resident CDL, given the small number of States 
willing to issue such a license. Renewal of the exemption will enable 
them to operate CMVs in the U.S. and continue to support Volvo's field 
tests to meet future clean air standards, to test drive prototype 
vehicles at its test site, and to deliver the vehicles, if necessary. 
It is estimated that they will drive a combined total of approximately 
20,800 miles per year on U.S. roads. The applicants are experienced CMV 
operators holding valid Swedish-issued CDLs. They have received 
extensive CMV training, and have satisfied strict regulations in Sweden 
in order to obtain a CDL. Volvo explained in detail in earlier 
exemption requests the rigorous training program and knowledge and 
skills tests that applicants for a Swedish CDL must undergo. Volvo also 
argued that the Swedish knowledge and skills tests and training program 
ensure that its drivers operating under the exemption will achieve 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.

Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined that the process for obtaining a 
Swedish CDL is comparable to, or as effective as, the requirements of 
Part 383, and adequately assesses the driver's ability to operate CMVs 
in the U.S. In recent years FMCSA has granted similar Volvo exemption 
requests, most recently on August 9, 2010 (75 FR 45198).

[[Page 25762]]

Granting of Exemption Renewal

    FMCSA has evaluated Volvo's application for exemption renewals for 
Johnny Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten, and Lars 
Svensson and decided to grant them for an additional 2-year extension, 
i.e. from April 23, 2011 to April 23, 2013. These exemptions are 
renewed subject to the following terms and conditions: (1) This 
exemption is valid only when the drivers are acting within the scope of 
their employment by Volvo; (2) the drivers and Volvo must adhere to 
drug and alcohol regulations, including testing, as provided by in 49 
CFR part 382; (3) the drivers and Volvo must adhere to driver 
disqualification rules under 49 CFR parts 383 and 391 that apply to all 
CMV drivers in the United States; (4) the drivers are subject to all 
other provisions of the Federal Motor Carrier Safety Regulations 
(FMCSRs) (49 CFR parts 390-397) unless specifically exempted herein; 
(5) the drivers must keep a copy of the exemption on the vehicle at all 
times for presentation to a duly authorized Federal, State, or local 
enforcement official; (6) Volvo must notify FMCSA in writing of any 
accident, as defined in 49 CFR 390.5, involving an exempted driver; and 
(7) Volvo must notify FMCSA in writing if an exempted driver is 
convicted of a disqualifying offense described in sections 383.51 or 
391.15 of the FMCSRs.
    These exemptions will be valid for 2 years unless revoked earlier 
by FMCSA. The exemptions will be revoked if: (1) The drivers fail to 
comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4), FMCSA requests public 
comment on the renewal of the exemption from the requirements of 49 CFR 
383.23 for Johnny Adolfsson, Goran Alsen, Freddy Blixt, Peter Hofsten, 
and Lars Svensson. The Agency requests that interested parties with 
specific data concerning these individuals' safety records submit 
comments by June 6, 2011. FMCSA will review all comments received by 
this date and determine whether renewal of the exemption is consistent 
with the requirements of 49 U.S.C. 31136(e) and 31315. As indicated 
above, the Agency has previously determined that providing an exemption 
for these Volvo drivers does not compromise the level of safety that 
would exist if the exemption were not granted. Interested parties or 
organizations possessing information that would show that any of these 
individuals are not currently achieving the requisite statutory level 
of safety should immediately notify FMCSA. The Agency will evaluate any 
adverse information submitted and, if safety is being compromised or if 
the continuation of the exemption is not consistent with 49 U.S.C. 
31136(e) and 31315(b)(4), FMCSA will take immediate steps to revoke the 
exemption.

    Issued on: April 26, 2011.
Larry W. Minor,
 Associate Administrator for Policy and Program Development.
[FR Doc. 2011-11026 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P