[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]               
[Page 51689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-84]                         

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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 final disposition.

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SUMMARY: FMCSA previously announced its decision to renew Volvo Trucks 
North America's (Volvo) exemption for eight of its drivers to enable 
them to test-drive commercial motor vehicles (CMVs) in the United 
States without a commercial driver's license (CDL) issued by one of the 
States. FMCSA requested comment on the renewal of the exemption, but 
received no comments.

DATES: This exemption is effective from February 4, 2008 through 
February 4, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, 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. 31315 and 31136(e), FMCSA may grant or renew an 
exemption from the CDL requirements in 49 CFR 383.23 for a maximum two-
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.'' FMCSA evaluated Volvo's 
application on its merits and decided to grant the renewal of the 
exemption for eight of Volvo's engineers and technicians for a two-year 
period, effective February 4, 2008, as previously announced in the 
Federal Register (73 FR 6552, February 4, 2008).

Comments

    The FMCSA received no response to its request for public comments 
published in the Federal Register on February 4, 2008 (73 FR 6552).

Terms and Conditions for the Exemption

    Based upon its evaluation of the application for an exemption, 
FMCSA granted Volvo a renewal of the exemption from the Federal CDL 
requirement in 49 CFR 383.23 for eight drivers (Christer Milding, Jonas 
Gustafsson, Sten-Ake Sandberg, Daniel Kanebratt, Urban Walter, Fredrik 
Wattwil, Jonas Nilsson, and Bjorn Nyman) to test-drive CMVs within the 
U.S., subject to the following terms and conditions: (1) That these 
drivers are subject to drug and alcohol testing regulations, including 
testing, as provided in 49 CFR part 382, (2) that these drivers are 
subject to the same driver disqualification rules under 49 CFR parts 
383 and 391 that apply to other CMV drivers in the U.S., (3) that these 
drivers keep a copy of the exemption in the vehicle they are driving at 
all times, (4) that Volvo notify FMCSA in writing of any accident, as 
defined in 49 CFR 390.5, involving one of the exempted drivers, and (5) 
that Volvo notify FMCSA in writing if any driver is convicted of a 
disqualifying offense described in section 383.51 or 391.15 of the 
FMCSRs.
    The exemption will be revoked if: (1) The drivers for Volvo 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. 31315 and 
31136.

    Issued on: August 27, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-20511 Filed 9-3-08; 8:45 am]

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