Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar), 71525-71526 [2019-27901]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices $2,942,464.13 in labor costs. Overall Federal Government costs associated with the current iteration of this ICR are $5,717,460.24, including labor costs and IT support. As can be seen, there have been significant decreases in the number of respondents, burden hour estimates, labor costs to the industry, and costs to the Government. Reasons for these changes are described below. First, the original iteration of this ICR included the Government’s costs associated with the development, rollout, and implementation of URS. Those costs are not reflected in this ICR. Instead, estimated costs for ongoing IT maintenance and support of the existing system are included. Next, FMCSA has experienced delays in rolling out Phase II of URS (which applies to existing registrants) and has indefinitely suspended the effective date of URS requirements for such entities. Phase I of URS, which became effective on December 12, 2015, impacts only first-time (new) applicants seeking an FMCSA-issued registration. In the original iteration of this ICR, it was expected that Phase II of URS would move forward according to schedule, which would require all entities subject to FMCSA licensing and registration requirements (both new and existing registrants, an estimated 635,418 per year) to apply for additional authorities and submit biennial update information via URS. However, due to delays in rolling out Phase II of URS, existing registrants must still use the OP–1 series of forms (covered by OMB Control No. 2126–0016, ‘‘Licensing Applications for Motor Carrier Operating Authority’’) to apply for additional authorities and the MCS–150 (covered by OMB Control No. 2126–0013, ‘‘Motor Carrier Identification Report’’) to submit their biennial updates. Thus, only new registrants (an estimated 51,875 per year) are required to submit Form MCSA–1. FMCSA is assuming that this will be the case for the 3-year period covered by this ICR. This has resulted in a decrease in the estimated number of annual MCSA–1 responses of 583,543 (51,875 estimated annual responses in the current iteration of this ICR— 635,418 estimated annual responses in the previous iteration of this ICR =¥583,543). The decrease in estimated burden hours is a direct result of the decreased estimate of annual responses. Finally, the changes in labor cost to the industry reflect a) the decreased estimate of annual respondents, and b) a change in the methodology used to estimate hourly wages for carrier compliance officers, which resulted in VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 an increase in hourly wage of $13.06 per hour. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority delegated in 49 CFR 1.87 on December 19, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–27899 Filed 12–26–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0347] Commercial Driver’s License Standards: Application for Exemption; Navistar, Inc. (Navistar) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant an exemption to Navistar, Inc. (Navistar) and five engineers/drivers from the commercial driver’s license (CDL) regulations for Jonas Hellstro¨m, Sofie Svanstro¨m, Erik ¨ un. Holma, Jonas Udd, and Mikael O These Swedish project engineers who will test drive commercial motor vehicles (CMVs) for Navistar within the United States. All five engineers work for Scania AB in Sweden (part of the Volkswagen Group), which is partnering with Navistar to develop improved fuel economy and emissions reductions. The Scania drivers all hold valid Swedish commercial licenses and need to test drive Navistar vehicles on U.S. roads to better understand product requirements in ‘‘real world’’ environments and to verify results. FMCSA believes the requirements for a Swedish commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: This exemption is effective December 27, 2019 and expires December 27, 2024. SUMMARY: PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 71525 ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366–4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2018–0347’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety 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 that have been conducted. The Agency must also provide an opportunity for public comment on the request. E:\FR\FM\27DEN1.SGM 27DEN1 71526 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices 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 the grant or denial, and, if granted, 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 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). jbell on DSKJLSW7X2PROD with NOTICES Request for Exemption Navistar has applied for an exemption for five drivers from 49 CFR 383.23, which prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Navistar requests the exemption because these drivers are all citizens of Sweden and therefore cannot apply for a CDL in any of the U.S. States due to their lack of residency in this country. A copy of the individual applications is in Docket No. FMCSA–2018–0347. The exemption allows these five drivers to operate CMVs in interstate or intrastate commerce as part of Navistar field tests designed to meet future vehicle safety and environmental requirements and to promote the development of new and advanced emissions reduction systems and fuel efficiency improvements. According to Navistar, the drivers will typically drive for no more than 8 hours per day for 2 consecutive days, and that 50 percent of the test driving will be on two-lane State highways, while 50 percent will be on interstate highways. Each engineer will drive no more than 300 miles per day, and in all cases the drivers will be accompanied by a holder of a U.S. CDL who is familiar with the routes to be traveled. The drivers are Jonas Hellstro¨m, Sofie Svanstro¨m, Erik Holma, Jonas Udd, and ¨ un. The drivers hold valid Mikael O Swedish commercial licenses and, as explained by Navistar in its exemption request, the requirements for that license ensure that, operating under the exemption, the drivers would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation. Navistar requests that the exemptions cover a five-year period for each driver. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 IV. Method To Ensure an Equivalent or Greater Level of Safety As for an equivalent level of safety, Navistar states that the process and requirements for obtaining a Swedish commercial license 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. The Agency recently granted one of Navistar’s drivers a similar exemption [April 15, 2019 (84 FR 15283)]. Furthermore, the Agency has granted German drivers working for Daimler similar exemptions on December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); and September 10, 2018 (83 FR 45742). The Agency has not received any information or reports indicating there have been safety performance problems with individuals holding Swedish or German commercial licenses who operate CMVs on public roads in the United States. V. Public Comments On September 19, 2019, FMCSA published notice of this application and requested public comments (84 FR 49376). One comment was submitted. Mr. Zach Robinson wrote, ‘‘I am a general member of the public with no known direct personal stake in this issue: The exemption request should definitely be approved. These drivers hold commercial licenses in their own country and will be accompanied by a U.S. CDL holder. This addresses both safety concerns and American workeremployment concerns. Plus, they are only driving for 2 days. I have no doubt they will be safer than most of the drivers on the road.’’ VI. FMCSA Decision Based upon the merits of this application, including the five Navistar drivers’ extensive driving experience and safety records, FMCSA has concluded that the exemption will likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption, in accordance with § 381.305(a). VII. Terms and Conditions for the Exemption FMCSA grants Navistar and its five drivers, Jonas Hellstro¨m, Sofie Svanstro¨m, Erik Holma, Jonas Udd, and ¨ un, an exemption from the Mikael O CDL requirement in 49 CFR 383.23 to allow these individuals to drive CMVs in this country without a State-issued PO 00000 Frm 00179 Fmt 4703 Sfmt 9990 CDL, subject to the following terms and conditions: (1) The drivers and carrier must comply with all other applicable provisions of the FMCSRs (49 CFR parts 350–399); (2) the drivers must be in possession of the exemption document and a valid Swedish commercial license; (3) the drivers must be employed by and operate the CMV within the scope of their duties for Navistar; (4) at all times while operating a CMV under this exemption, the drivers must be accompanied by a holder of a U.S. CDL who is familiar with the routes traveled; (5) Navistar must notify FMCSA in writing within 5 business days of any accident, as defined in 49 CFR 390.5, involving any of these drivers; and (6) Navistar must notify FMCSA in writing if any of these drivers are convicted of a disqualifying offense under § 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 5 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) These five drivers fail to comply with the terms and conditions of the exemption; (2) the exemption results in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would be inconsistent with the goals and objectives of 49 U.S.C. 31315 and 31136. VIII. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate or intrastate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Issued on: December 19, 2019. Jim Mullen, Acting Administrator. [FR Doc. 2019–27901 Filed 12–26–19; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71525-71526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27901]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for Exemption; 
Navistar, Inc. (Navistar)

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to grant an exemption to 
Navistar, Inc. (Navistar) and five engineers/drivers from the 
commercial driver's license (CDL) regulations for Jonas Hellstr[ouml]m, 
Sofie Svanstr[ouml]m, Erik Holma, Jonas Udd, and Mikael [Ouml]un. These 
Swedish project engineers who will test drive commercial motor vehicles 
(CMVs) for Navistar within the United States. All five engineers work 
for Scania AB in Sweden (part of the Volkswagen Group), which is 
partnering with Navistar to develop improved fuel economy and emissions 
reductions. The Scania drivers all hold valid Swedish commercial 
licenses and need to test drive Navistar vehicles on U.S. roads to 
better understand product requirements in ``real world'' environments 
and to verify results. FMCSA believes the requirements for a Swedish 
commercial license ensure that operation under the exemption will 
likely achieve a level of safety equivalent to or greater than the 
level that would be obtained in the absence of the exemption.

DATES: This exemption is effective December 27, 2019 and expires 
December 27, 2024.

ADDRESSES: 
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, 
except Federal holidays. The on-line Federal Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2018-0347'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
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 that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.

[[Page 71526]]

    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 the grant or denial, and, if granted, 
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 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Navistar has applied for an exemption for five drivers from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
CMVs in interstate or intrastate commerce. Navistar requests the 
exemption because these drivers are all citizens of Sweden and 
therefore cannot apply for a CDL in any of the U.S. States due to their 
lack of residency in this country. A copy of the individual 
applications is in Docket No. FMCSA-2018-0347.
    The exemption allows these five drivers to operate CMVs in 
interstate or intrastate commerce as part of Navistar field tests 
designed to meet future vehicle safety and environmental requirements 
and to promote the development of new and advanced emissions reduction 
systems and fuel efficiency improvements. According to Navistar, the 
drivers will typically drive for no more than 8 hours per day for 2 
consecutive days, and that 50 percent of the test driving will be on 
two-lane State highways, while 50 percent will be on interstate 
highways. Each engineer will drive no more than 300 miles per day, and 
in all cases the drivers will be accompanied by a holder of a U.S. CDL 
who is familiar with the routes to be traveled.
    The drivers are Jonas Hellstr[ouml]m, Sofie Svanstr[ouml]m, Erik 
Holma, Jonas Udd, and Mikael [Ouml]un. The drivers hold valid Swedish 
commercial licenses and, as explained by Navistar in its exemption 
request, the requirements for that license ensure that, operating under 
the exemption, the drivers would likely achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by the 
current regulation. Navistar requests that the exemptions cover a five-
year period for each driver.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    As for an equivalent level of safety, Navistar states that the 
process and requirements for obtaining a Swedish commercial license 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. 
The Agency recently granted one of Navistar's drivers a similar 
exemption [April 15, 2019 (84 FR 15283)]. Furthermore, the Agency has 
granted German drivers working for Daimler similar exemptions on 
December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410); July 
12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 
(82 FR 39151); and September 10, 2018 (83 FR 45742). The Agency has not 
received any information or reports indicating there have been safety 
performance problems with individuals holding Swedish or German 
commercial licenses who operate CMVs on public roads in the United 
States.

V. Public Comments

    On September 19, 2019, FMCSA published notice of this application 
and requested public comments (84 FR 49376). One comment was submitted. 
Mr. Zach Robinson wrote, ``I am a general member of the public with no 
known direct personal stake in this issue: The exemption request should 
definitely be approved. These drivers hold commercial licenses in their 
own country and will be accompanied by a U.S. CDL holder. This 
addresses both safety concerns and American worker-employment concerns. 
Plus, they are only driving for 2 days. I have no doubt they will be 
safer than most of the drivers on the road.''

VI. FMCSA Decision

    Based upon the merits of this application, including the five 
Navistar drivers' extensive driving experience and safety records, 
FMCSA has concluded that the exemption will likely achieve a level of 
safety that is equivalent to or greater than the level that would be 
achieved absent such exemption, in accordance with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Navistar and its five drivers, Jonas Hellstr[ouml]m, 
Sofie Svanstr[ouml]m, Erik Holma, Jonas Udd, and Mikael [Ouml]un, an 
exemption from the CDL requirement in 49 CFR 383.23 to allow these 
individuals to drive CMVs in this country without a State-issued CDL, 
subject to the following terms and conditions:
    (1) The drivers and carrier must comply with all other applicable 
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) the drivers must be in possession of the exemption document and 
a valid Swedish commercial license;
    (3) the drivers must be employed by and operate the CMV within the 
scope of their duties for Navistar;
    (4) at all times while operating a CMV under this exemption, the 
drivers must be accompanied by a holder of a U.S. CDL who is familiar 
with the routes traveled;
    (5) Navistar must notify FMCSA in writing within 5 business days of 
any accident, as defined in 49 CFR 390.5, involving any of these 
drivers; and
    (6) Navistar must notify FMCSA in writing if any of these drivers 
are convicted of a disqualifying offense under Sec.  383.51 or Sec.  
391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 5 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if:
    (1) These five drivers fail to comply with the terms and conditions 
of the exemption;
    (2) the exemption results in a lower level of safety than was 
maintained before it was granted; or
    (3) continuation of the exemption would be inconsistent with the 
goals and objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption.

    Issued on: December 19, 2019.
Jim Mullen,
Acting Administrator.
[FR Doc. 2019-27901 Filed 12-26-19; 8:45 am]
 BILLING CODE 4910-EX-P
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