Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar), 58178-58180 [2022-20642]
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58178
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
reserve speaking time during the
meeting must submit a request at the
time of registration, as well as the name,
address, and organizational affiliation of
the proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the FAA may conduct a lottery
to determine the speakers. Speakers are
requested to submit a written copy of
their prepared remarks for inclusion in
the meeting records and circulation to
REDAC members before the deadline
listed in the DATES section. All prepared
remarks submitted on time will be
accepted and considered as part of the
meeting’s record. Any member of the
public may present a written statement
to the committee at any time.
Issued in Washington, DC.
Chinita Roundtree-Coleman,
REDAC PM/Lead, Federal Aviation
Administration.
[FR Doc. 2022–20606 Filed 9–22–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2022–1254]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: FAA Airport
Data and Information
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The collection involves
aeronautical information the FAA uses
to carry out agency missions related to
flight safety, flight planning, airport
engineering and federal grant analysis,
airport actions, aeronautical chart and
flight information publications, and the
promotion of air commerce as required
by statute. The information will be used
for airspace studies conducted under 49
U.S.C. 329(b) and published in flight
information handbooks and charts for
pilot use. We have renamed and
updated the collection, previously
called the FAA Airport Master Record,
to incorporate several related tools using
this data that are made available and
processed via the same online system—
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SUMMARY:
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18:13 Sep 22, 2022
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the Airport Data and Information Portal
(ADIP).
DATES: Written comments should be
submitted by September 23, 2022.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By Mail: Andrew Goldsmith, Airport
Data and Airspace Branch (AAS–120),
Office of Airport Safety and Standards,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591.
By Fax: 202–267–3688.
FOR FURTHER INFORMATION CONTACT:
Andrew Goldsmith by email at:
Andrew.E.Goldsmith@faa.gov; phone:
202–267–6549.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0015.
Title: FAA Airport Data and
Information.
Form Numbers: 5010–1, 5010–2,
5010–3, 5010–4.
Type of Review: Renewal of an
information collection.
Background: 49 U.S.C. 329(b)
empowers and directs the Secretary of
Transportation to collect and
disseminate information on civil
aeronautics. Aeronautical information is
required by the FAA to carry out agency
missions agency missions related to
flight safety, flight planning, airport
engineering and federal grant analysis,
aeronautical studies and airport actions,
aeronautical chart and flight
information publications, and the
promotion of air commerce as required
by statute. The existing FAA Airport
Master Record is now fully online and
part of a suite of tools using aeronautical
data to support the origination and
distribution of airport data and
information. Modules include the
Airports Geographic Information System
(AGIS), Airport Master Record (AMR),
Modification of Standards (MOS),
Runway Airspace Management (RAM),
and Runway Safety Area Inventory
(RSAI) as well as Registration. The
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burden per respondent will depend on
which module or modules the
respondent is using as well as the
complexity of submitted projects.
We have renamed and updated the
collection, previously called the FAA
Airport Master Record, to reflect the
consolidation of these tools and
processes into a single online system—
the Airport Data and Information Portal
(ADIP). ADIP provides airports with
direct access to their data and the ability
to submit changes to it according to
defined business rules. We are
cancelling the PDF forms previously
used to collect Airport Master Record
data as they are no longer used for any
collection activities.
Respondents: Approximately 10,000
airport owners/managers and
consultants.
Frequency: Information is collected
on occasion.
Estimated Average Burden per
Response: 1–5 hours, depending on the
module and complexity of the project.
Estimated Total Annual Burden:
10,000–50,000 hours for all
submissions.
Issued in Washington, DC, on September
19, 2022.
Andrew Goldsmith,
Aeronautical Information Specialist, Airport
Data and Airspace Branch, Office of Airport
Safety and Standards.
[FR Doc. 2022–20598 Filed 9–22–22; 8:45 am]
BILLING CODE 4910–13–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 from the
commercial driver’s license (CDL)
requirements to Navistar, Inc. (Navistar)
for a commercial motor vehicle (CMV)
driver, Mr. Anders Bjo¨rkman, employed
as an engineer by Navistar’s business
partner Scania AB (Scania). Navistar
and Scania are subsidiaries of
Germany’s TRATON SE. Mr. Bjo¨rkman
holds a valid Swedish commercial
license and wants to test drive Navistar
CMVs on U.S. roads to better
understand product requirements in
‘‘real world’’ environments and verify
SUMMARY:
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Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
results. FMCSA reviewed Mr.
Bjo¨rkman’s commercial license records
provided by Navistar, and believes the
requirements for a Swedish commercial
license, and the terms and conditions
set forth below, including a Navistaradministered drug and alcohol testing
program, will ensure that his operation
under this 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.
This exemption is effective
September 23, 2022 and expires
September 23, 2027.
DATES:
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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Dockets Operations.
ADDRESSES:
Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA, at (202) 366–4225 or by email
atMCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation
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Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number, ‘‘FMCSA–2018–0347’’ in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2018–0347’’ in
the keyword box, click ‘‘Search,’’ and
choose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations 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., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
VerDate Sep<11>2014
17:04 Sep 22, 2022
Jkt 256001
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from 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.
The Agency reviews safety analyses
and the public comments submitted 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 Agency’s decision must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
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)).
III. Current Regulatory Requirements
Under 49 CFR 383.23, no person shall
operate a commercial motor vehicle
(CMV) without first having taken and
passed the knowledge and driving skills
tests for a commercial learner’s permit
or CDL that meet the Federal standards
in subparts F, G, and H of part 383 for
the CMV that person operates or expects
to operate. Such drivers are also subject
to the controlled substances and alcohol
testing requirements of 49 CFR part 382.
IV. Applicant’s Request
Navistar has applied for an exemption
for Anders Bjo¨rkman from 49 CFR
383.23 because he is unable to obtain a
CDL due to his lack of residency in the
United States. Navistar states that Mr.
Bjo¨rkman is employed as an expert
engineer by Navistar’s business partner
Scania in Sweden. Navistar and Scania
are both subsidiaries of Germany’s
TRATON SE.
Mr. Bjo¨rkman holds a valid Swedish
commercial license. The exemption
would allow him to operate CMVs in
interstate or intrastate commerce to
support Navistar field tests designed to
meet future vehicle safety and
environmental requirements and to
promote technological advancements in
vehicle safety systems and emissions
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58179
reductions. According to Navistar, the
driving will consist of no more than 250
miles per day, for a total of 500 miles
during a two-day period on a quarterly
basis.
V. Method To Ensure an Equivalent or
Greater Level of Safety
According to Navistar, the
requirements for a Swedish commercial
license ensure that the same level of
safety is met or exceeded as if this
driver had a CDL issued by one of the
States. Navistar explained that Anders
Bjo¨rkman is familiar with the operation
of CMVs worldwide and would be
accompanied at all times by a driver
who holds a State-issued CDL and is
familiar with the routes to be traveled.
In addition, Navistar provided a
statement of driving history for Mr.
Bjo¨rkman.
VI. Public Comments
On April 7, 2022, FMCSA published
notice of this application and requested
public comments (87 FR 20499). The
Agency received no comments.
VII. FMCSA Decision
FMCSA has determined that the
process for obtaining a Swedish
commercial license is comparable to the
process for obtaining a State-issued CDL
and therefore adequately ensures that
this driver can safely operate a CMV in
the United States. FMCSA reviewed
documents submitted with the
application including Mr. Bjo¨rkman’s
Swedish commercial license, his driving
record, a CMV experience statement,
and accident statement. In 2019, the
Agency granted similar exemptions to
Navistar drivers on three occasions
[April 15, 2019 (84 FR 15283);
November 21, 2019 (84 FR 64400);
December 27, 2019 (84 FR 71525)].
Furthermore, the Agency has granted
German drivers working for Daimler
similar exemptions.1
Under this exemption, Mr. Bjo¨rkman
would not be subject to the drug and
alcohol testing requirements, set forth in
49 CFR part 382, which apply only to
drivers who are subject to the CDL
requirements in 49 CFR part 383, the
Canadian National Safety Code, or the
Licencia Federal de Conductor
(Mexico), and to their employers (49
CFR 382.103(a)). Therefore, to ensure a
likely equivalent level of safety, the
terms and conditions of this exemption
1 FMCSA granted Daimler drivers similar
exemptions on May 25, 2012 (77 FR 31422); July
22, 2014 (79 FR 42626); March 27, 2015 (80 FR
16511); October 5, 2015 (80 FR 60220); July 12,
2016 (81 FR 45217); July 25, 2016 (81 FR 48496);
August 17, 2017 (82 FR 39151), September 10, 2018
(83 FR 45742) and April 27, 2022 (87 FR 25083).
E:\FR\FM\23SEN1.SGM
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58180
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
require that Navistar implement a
corporate drug and alcohol testing
program substantially equivalent to the
testing requirements in part 382.
Based on the information provided by
Navistar, as described in section IV,
including the driver’s experience and
safety record, FMCSA concludes that
the exemption, subject to the terms and
conditions set forth in section VIII,
would 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 49
U.S.C. 31315(b)(1).
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VIII. Terms and Conditions for the
Exemption
This exemption applies only to
Navistar driver Anders Bjo¨rkman. This
driver is granted an exemption from the
CDL requirement in 49 CFR 383.23 to
allow him to drive CMVs in the United
States without a State-issued CDL.
Consequently, this driver is not subject
to the requirements of 49 CFR part 382.
When operating under this exemption,
Navistar and Mr. Bjo¨rkman are subject
to the following terms and conditions:
(1) The driver and Navistar must
comply with all other applicable
provisions of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR
parts 350–399);
(2) The driver must be in possession
of the exemption document and a valid
Swedish commercial license;
(3) The driver must be employed by
and operate the CMV within the scope
of his duties for Navistar or its partner
Scania;
(4) At all times while operating a
CMV under this exemption, the driver
must be accompanied by a holder of a
State-issued 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 Mr. Bjo¨rkman; and
(6) Navistar must notify FMCSA in
writing if Mr. Bjo¨rkman is convicted of
a disqualifying offense under § 383.51 or
§ 391.15 of the FMCSRs; and
(7) Navistar must implement a drug
and alcohol testing program
substantially equivalent to the
applicable requirements in 49 CFR part
382, subparts A–F, and require that Mr.
Bjo¨rkman be subject to those
requirements.
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
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17:04 Sep 22, 2022
Jkt 256001
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Notification to FMCSA
Under the exemption, Navistar must
notify FMCSA within 5 business days of
any crash (as defined in 49 CFR 390.5),
involving Anders Bjo¨rkman while
operating a CMV under the terms of this
exemption. The notification about
crashes must include the following
information:
a. Identifier of the Exemption:
‘‘Navistar—Bjo¨rkman;’’
b. Name of operating carrier and
USDOT number;
c. Date of the crash;
d. City or town, and State, in which
the accident occurred, or closest to the
crash scene;
e. Driver’s name and license number;
f. Co-driver’s name (if any) and
license number;
g. Vehicle number and State license
number;
h. Number of individuals suffering
physical injury;
i. Number of fatalities;
j. The police-reported cause of the
crash, if provided by the enforcement
agency;
k. Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations; and
l. The total on-duty time accumulated
during the 7 consecutive days prior to
the date of the crash, and the total onduty time and driving time in the work
shift prior to the crash.
IX. Termination
FMCSA has no reason to believe the
motor carrier and driver covered by this
exemption will experience any
deterioration of their safety records.
However, should this occur, FMCSA
will take all steps necessary to protect
the public interest, including revocation
of the exemption. FMCSA will
immediately revoke the exemption for
failure to comply with its terms and
conditions.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022–20642 Filed 9–22–22; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. DOT–MARAD–2022–0195]
Request for Comments on the Renewal
of a Previously Approved Information
Collection: Regulations for Making
Excess or Surplus Federal Property
Available to the U.S. Merchant Marine
Academy, State Maritime Academies
and Non-Profit Maritime Training
Facilities
Maritime Administration, DOT.
Notice and request for
comments.
AGENCY:
ACTION:
The Maritime Administration
(MARAD) invites public comments on
our intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information to be
collected will be used to determine
compliance with applicable statutory
requirements regarding surplus
government property. We are required
to publish this notice in the Federal
Register by the Paperwork Reduction
Act of 1995.
DATES: Comments must be submitted on
or before October 24, 2022.
ADDRESSES: You may submit comments
identified by Docket No. DOT–MARAD–
2022–0195 through one of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Search using the
above DOT docket number and follow
the online instructions for submitting
comments.
• Fax: 1–202–493–2251
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking.
Note: All comments received will be
posted without change to
www.regulations.gov including any
personal information provided.
Comments are invited on: (a) whether
the proposed collection of information
is necessary for the Department’s
performance; (b) the accuracy of the
estimated burden; (c) ways for the
Department to enhance the quality,
utility and clarity of the information
collection; and (d) ways that the burden
could be minimized without reducing
the quality of the collected information.
The agency will summarize and/or
SUMMARY:
E:\FR\FM\23SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58178-58180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20642]
-----------------------------------------------------------------------
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 from the
commercial driver's license (CDL) requirements to Navistar, Inc.
(Navistar) for a commercial motor vehicle (CMV) driver, Mr. Anders
Bj[ouml]rkman, employed as an engineer by Navistar's business partner
Scania AB (Scania). Navistar and Scania are subsidiaries of Germany's
TRATON SE. Mr. Bj[ouml]rkman holds a valid Swedish commercial license
and wants to test drive Navistar CMVs on U.S. roads to better
understand product requirements in ``real world'' environments and
verify
[[Page 58179]]
results. FMCSA reviewed Mr. Bj[ouml]rkman's commercial license records
provided by Navistar, and believes the requirements for a Swedish
commercial license, and the terms and conditions set forth below,
including a Navistar-administered drug and alcohol testing program,
will ensure that his operation under this 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 September 23, 2022 and expires
September 23, 2027.
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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 366-4225 or by email [email protected].
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number, ``FMCSA-2018-0347'' in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2018-0347'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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.
The Agency reviews safety analyses and the public comments
submitted 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
Agency's decision must be published in the Federal Register (49 CFR
381.315(b)) with the reason for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision 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)).
III. Current Regulatory Requirements
Under 49 CFR 383.23, no person shall operate a commercial motor
vehicle (CMV) without first having taken and passed the knowledge and
driving skills tests for a commercial learner's permit or CDL that meet
the Federal standards in subparts F, G, and H of part 383 for the CMV
that person operates or expects to operate. Such drivers are also
subject to the controlled substances and alcohol testing requirements
of 49 CFR part 382.
IV. Applicant's Request
Navistar has applied for an exemption for Anders Bj[ouml]rkman from
49 CFR 383.23 because he is unable to obtain a CDL due to his lack of
residency in the United States. Navistar states that Mr. Bj[ouml]rkman
is employed as an expert engineer by Navistar's business partner Scania
in Sweden. Navistar and Scania are both subsidiaries of Germany's
TRATON SE.
Mr. Bj[ouml]rkman holds a valid Swedish commercial license. The
exemption would allow him to operate CMVs in interstate or intrastate
commerce to support Navistar field tests designed to meet future
vehicle safety and environmental requirements and to promote
technological advancements in vehicle safety systems and emissions
reductions. According to Navistar, the driving will consist of no more
than 250 miles per day, for a total of 500 miles during a two-day
period on a quarterly basis.
V. Method To Ensure an Equivalent or Greater Level of Safety
According to Navistar, the requirements for a Swedish commercial
license ensure that the same level of safety is met or exceeded as if
this driver had a CDL issued by one of the States. Navistar explained
that Anders Bj[ouml]rkman is familiar with the operation of CMVs
worldwide and would be accompanied at all times by a driver who holds a
State-issued CDL and is familiar with the routes to be traveled. In
addition, Navistar provided a statement of driving history for Mr.
Bj[ouml]rkman.
VI. Public Comments
On April 7, 2022, FMCSA published notice of this application and
requested public comments (87 FR 20499). The Agency received no
comments.
VII. FMCSA Decision
FMCSA has determined that the process for obtaining a Swedish
commercial license is comparable to the process for obtaining a State-
issued CDL and therefore adequately ensures that this driver can safely
operate a CMV in the United States. FMCSA reviewed documents submitted
with the application including Mr. Bj[ouml]rkman's Swedish commercial
license, his driving record, a CMV experience statement, and accident
statement. In 2019, the Agency granted similar exemptions to Navistar
drivers on three occasions [April 15, 2019 (84 FR 15283); November 21,
2019 (84 FR 64400); December 27, 2019 (84 FR 71525)]. Furthermore, the
Agency has granted German drivers working for Daimler similar
exemptions.\1\
---------------------------------------------------------------------------
\1\ FMCSA granted Daimler drivers similar exemptions on May 25,
2012 (77 FR 31422); July 22, 2014 (79 FR 42626); March 27, 2015 (80
FR 16511); October 5, 2015 (80 FR 60220); July 12, 2016 (81 FR
45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151),
September 10, 2018 (83 FR 45742) and April 27, 2022 (87 FR 25083).
---------------------------------------------------------------------------
Under this exemption, Mr. Bj[ouml]rkman would not be subject to the
drug and alcohol testing requirements, set forth in 49 CFR part 382,
which apply only to drivers who are subject to the CDL requirements in
49 CFR part 383, the Canadian National Safety Code, or the Licencia
Federal de Conductor (Mexico), and to their employers (49 CFR
382.103(a)). Therefore, to ensure a likely equivalent level of safety,
the terms and conditions of this exemption
[[Page 58180]]
require that Navistar implement a corporate drug and alcohol testing
program substantially equivalent to the testing requirements in part
382.
Based on the information provided by Navistar, as described in
section IV, including the driver's experience and safety record, FMCSA
concludes that the exemption, subject to the terms and conditions set
forth in section VIII, would 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 49 U.S.C. 31315(b)(1).
VIII. Terms and Conditions for the Exemption
This exemption applies only to Navistar driver Anders
Bj[ouml]rkman. This driver is granted an exemption from the CDL
requirement in 49 CFR 383.23 to allow him to drive CMVs in the United
States without a State-issued CDL. Consequently, this driver is not
subject to the requirements of 49 CFR part 382. When operating under
this exemption, Navistar and Mr. Bj[ouml]rkman are subject to the
following terms and conditions:
(1) The driver and Navistar must comply with all other applicable
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49
CFR parts 350-399);
(2) The driver must be in possession of the exemption document and
a valid Swedish commercial license;
(3) The driver must be employed by and operate the CMV within the
scope of his duties for Navistar or its partner Scania;
(4) At all times while operating a CMV under this exemption, the
driver must be accompanied by a holder of a State-issued 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 Mr. Bj[ouml]rkman;
and
(6) Navistar must notify FMCSA in writing if Mr. Bj[ouml]rkman is
convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15
of the FMCSRs; and
(7) Navistar must implement a drug and alcohol testing program
substantially equivalent to the applicable requirements in 49 CFR part
382, subparts A-F, and require that Mr. Bj[ouml]rkman be subject to
those requirements.
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. States
may, but are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
Notification to FMCSA
Under the exemption, Navistar must notify FMCSA within 5 business
days of any crash (as defined in 49 CFR 390.5), involving Anders
Bj[ouml]rkman while operating a CMV under the terms of this exemption.
The notification about crashes must include the following information:
a. Identifier of the Exemption: ``Navistar--Bj[ouml]rkman;''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the crash, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
l. The total on-duty time accumulated during the 7 consecutive days
prior to the date of the crash, and the total on-duty time and driving
time in the work shift prior to the crash.
IX. Termination
FMCSA has no reason to believe the motor carrier and driver covered
by this exemption will experience any deterioration of their safety
records. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption. FMCSA will immediately revoke the exemption for failure to
comply with its terms and conditions.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20642 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-EX-P
