Notice2025-08839
Commercial Driver's License: International Motors, LLC; Application for Exemption
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
May 19, 2025
Effective
May 19, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant an exemption to International Motors, LLC (International), formally known as Navistar, Inc., for three Swedish commercial driver's license holders, Johan Astrom, Kristoffer Lindve, and Martin Uppman, (collectively, "the drivers") from the Federal requirement to hold a State-issued commercial driver's license (CDL) to operate commercial motor vehicles in the United States.
Full Text
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<title>Federal Register, Volume 90 Issue 95 (Monday, May 19, 2025)</title>
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[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Notices]
[Pages 21383-21384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08839]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0302]
Commercial Driver's License: International Motors, LLC;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption to
International Motors, LLC (International), formally known as Navistar,
Inc., for three Swedish commercial driver's license holders, Johan
Astrom, Kristoffer Lindve, and Martin Uppman, (collectively, ``the
drivers'') from the Federal requirement to hold a State-issued
commercial driver's license (CDL) to operate commercial motor vehicles
in the United States.
DATES: The exemption is effective May 19, 2025 and expires May 20,
2030.
FOR FURTHER INFORMATION CONTACT: Bernadette Walker, Driver, and Carrier
Operations Division; Office of Carrier, Driver, and Vehicle Safety
Standards; FMCSA; (202) 385-2415; <a href="/cdn-cgi/l/email-protection#185a7d6a76797c7d6c6c7d366f7974737d6a587c776c367f776e"><span class="__cf_email__" data-cfemail="8bc9eef9e5eaefeeffffeea5fceae7e0eef9cbefe4ffa5ece4fd">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0302/document">https://www.regulations.gov/docket/FMCSA-2024-0302/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.''
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations on the ground floor of the DOT
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
between 9 a.m. and 5 p.m., 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 (FMCSRs).
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 the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and 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 absent such exemption, pursuant to the standard set forth in
49 U.S.C. 31315(b)(1). The Agency must publish its decision in the
Federal Register (49 CFR 381.315(b)). If granted, the notice will
identify the regulatory provision from which the applicant will be
exempt, the effective period, and all terms and conditions of the
exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the
notice will explain the reason for the denial (49 CFR 381.315(c)(2)).
The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Under 49 CFR 383.23, no person shall operate a CMV without having
taken and passed knowledge and driving skills tests for a commercial
learner's permit or CDL that meet the Federal standards contained 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.
Applicant's Request
International's application for an exemption was described in
detail in a Federal Register notice published on January 13, 2025 (90
FR 2775), and will not be repeated, as the facts have not changed.
IV. Public Comments
The Agency received zero comments in response to the Federal
Register notice seeking comment on International's request for an
exemption.
V. FMCSA Decision
FMCSA has determined that the process for obtaining a CDL in Sweden
is comparable to the process for obtaining a State-issued CDL under
part 383 and adequately ensures that this driver can safely operate a
CMV in the United States.
Under this exemption, Johan Astrom, Kristoffer Lindve, and Martin
Uppman are not 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, and to
their employers (49 CFR 382.103(a)). Therefore, as part of the
equivalent level of safety provided by International, the terms and
conditions of this exemption require International to implement a
corporate drug and alcohol testing program substantially equivalent to
the testing requirements in part 382. Because Johan Astrom, Kristoffer
Lindve, and Martin Uppman are not subject to 49 CFR part 382, an
exemption from the Clearinghouse requirements in subpart G is
unnecessary.
Based on the information provided by International, including the
drivers' experience and safety records, FMCSA concludes that the
exemption, subject to the terms and conditions set forth below, would
likely achieve a level of safety that is equivalent to, or greater
[[Page 21384]]
than, the level that would be achieved absent such exemption, in
accordance with 49 U.S.C. 31315(b)(1).
VI. Exemption
FMCSA grants an exemption for a period of five years subject to the
terms and conditions of this decision. The exemption from the
requirements of 49 CFR 383.23 is effective May 19, 2025, through May
20, 2030, 11:59 p.m. local time.
A. Applicability of Exemption
This exemption is applicable to International's drivers Johan
Astrom, Kristoffer Lindve, and Martin Uppman. Under this exemption, the
drivers are exempt from the CDL requirement in 49 CFR 383.23. This
exemption permits the drivers to drive CMVs in the United States
without a State-issued CDL. Consequently, the drivers are not subject
to the requirements of 49 CFR part 382, including the Clearinghouse
requirements in subpart G.
B. Terms and Conditions
When operating under this exemption, International and the drivers
are subject to the following terms and conditions:
1. The drivers and International must comply with all other
applicable provisions of the Federal Motor Carrier Safety Regulations
(49 CFR parts 350 through 399);
2. The drivers must be in possession of the exemption document and
a valid Swedish commercial license of the class of the operated
vehicle;
3. The drivers must be employed by, and operate the CMV within the
scope of their duties for, International;
4. At all times while operating a CMV under this exemption, the
drivers must be accompanied by a holder of a State-issued CDL who is
familiar with the routes traveled;
5. International must notify FMCSA in writing within 5 business
days of any accident, as defined in 49 CFR 390.5, involving Johan
Astrom, Kristoffer Lindve, or Martin Uppman;
6. International must notify FMCSA in writing if Johan Astrom,
Kristoffer Lindve, or Martin Uppman are convicted of an offense listed
in Sec. 383.51 or a disqualifying offense under Sec. 391.15 of the
Federal Motor Carrier Safety Regulations; and
7. International must implement a drug and alcohol testing program
that satisfies the requirements in 49 CFR part 382, subparts A through
F, including, but not limited to, all testing requirements and
participation in a consortium for random testing. International must
require that Johan Astrom, Kristoffer Lindve, and Martin Uppman each be
subject to those requirements. International must provide documentation
of its drug and alcohol testing program upon request to FMCSA.
C. 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 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.
D. Notification to FMCSA
Under the exemption, International must notify FMCSA within 5
business days of any positive drug or alcohol tests, or accident (as
defined in 49 CFR 390.5), involving Johan Astrom, Kristoffer Lindve, or
Martin Uppman while operating a CMV under the terms of this exemption.
The notification about accidents must include the following
information:
a. Identifier of the Exemption: ``International- Johan Astrom,
Kristoffer Lindve, and Martin Uppman;''
b. Name of operating carrier and USDOT number;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
closest to the accident 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 accident, 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 accident, and the total on-duty time and
driving time in the work shift prior to the accident.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#91dcd2c1c2d5d1f5fee5bff6fee7"><span class="__cf_email__" data-cfemail="9dd0decdced9ddf9f2e9b3faf2eb">[email protected]</span></a> with ``International FMCSA 2024-0302'' in the subject
line.
VII. Termination
FMCSA does not believe the drivers or the motor carrier covered by
this exemption will experience any deterioration of their safety
records. However, the exemption will be rescinded if: (1) International
or the drivers operating under the exemption 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 objects of 49 U.S.C. 31136(e) and 31315(b).
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-08839 Filed 5-16-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on May 19, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.