Notice2022-07373
Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 7, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Navistar, Inc. (Navistar) has requested a 5-year exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Mr. Anders Bj[ouml]rkman, an engineer with Scania's Powertrain Control systems group in Sweden. Navistar and Scania are both subsidiaries of Germany's TRATON Group. Mr. Bj[ouml]rkman holds a valid Swedish commercial license and needs to test drive Navistar CMVs on U.S. roads to better understand product requirements in "real world" environments and to verify results.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20499-20500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07373]
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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 application for exemption; request for comments.
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SUMMARY: FMCSA announces that Navistar, Inc. (Navistar) has requested a
5-year exemption from the Federal requirement to hold a U.S. commercial
driver's license (CDL) for Mr. Anders Bj[ouml]rkman, an engineer with
Scania's Powertrain Control systems group in Sweden. Navistar and
Scania are both subsidiaries of Germany's TRATON Group. Mr.
Bj[ouml]rkman holds a valid Swedish commercial license and needs to
test drive Navistar CMVs on U.S. roads to better understand product
requirements in ``real world'' environments and to verify results.
DATES: Comments must be received on or before May 9, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0347 by any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow
the online instructions for submitting comments.
<bullet> Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
<bullet> Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b) DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4225. Email: <a href="/cdn-cgi/l/email-protection#96dbd5c6c5d2d6f2f9e2b8f1f9e0"><span class="__cf_email__" data-cfemail="a9e4eaf9faede9cdc6dd87cec6df">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0347), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2018-0347'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period.
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 provide an
opportunity for public comment on the request.
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
[[Page 20500]]
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 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. Background
Current Regulation(s) Requirements
Under 49 CFR 383.23, no person shall operate a commercial motor
vehicle (CMV) unless such person has 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.
Applicant's Request
Navistar has applied for an exemption for Anders Bj[ouml]rkman from
49 CFR 383.23, which prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce. Mr. Bj[ouml]rkman
is a citizen of Sweden and therefore cannot apply for a CDL in any of
the U.S. States due to his lack of residency in this country.
The exemption would allow Mr. Bj[ouml]rkman to operate CMVs in
interstate or intrastate commerce as part of Navistar field tests
designed to meet future vehicle safety and to promote the development
of new and advanced emissions reduction systems and fuel efficiency
improvements. According to Navistar, Mr. Bj[ouml]rkman 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. The driving will
consist of no more than 300 miles per day, and in all cases Mr.
Bj[ouml]rkman will be accompanied by a holder of a U.S. CDL who is
familiar with the routes to be traveled.
IV. Equivalent Level of Safety
Mr. Bj[ouml]rkman holds a valid Swedish commercial license, and as
explained by Navistar in its exemption request, the requirements for
that license ensure that, operating under the exemption, he would
likely achieve a level of safety equivalent to, or greater than the
level that would be achieved by the current regulation. Furthermore,
Mr. Bj[ouml]rkman is familiar with the operations of CMVs worldwide
and, a U.S. CDL holder who is familiar with the FMCSA regulations as
well as the specific routes to be driven will always accompany Mr.
Bj[ouml]rkman when he is driving a CMV.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Navistar's application for an
exemption from the CDL requirements in 49 CFR 383.23. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the Addresses section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
A copy of Navistar's application for exemption is available in the
docket for this notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-07373 Filed 4-6-22; 8:45 am]
BILLING CODE 4910-EX-P
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