Commercial Driver's License Standards: Application for Exemption; Isuzu North America Corporation (Isuzu)

Topics:  Isuzu

Larry W. Minor
Federal Motor Carrier Safety Administration
19 October 2018

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53151-53152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22834]



[[Page 53151]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25290]


Commercial Driver's License Standards: Application for Exemption; 
Isuzu North America Corporation (Isuzu)

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 it has received an application from Isuzu 
North America Corporation (Isuzu) requesting an exemption from the 
Federal requirement to hold a U.S. commercial driver's license (CDL) 
issued by one of the States. Isuzu requests that the exemption cover 12 
of its commercial motor vehicle (CMV) drivers who will test-drive CMVs 
for Isuzu in the United States. Each of these 12 Isuzu employees holds 
a valid Japanese commercial license but lacks the U.S. residency 
necessary to obtain a CDL from one of the States of the United States. 
Isuzu believes the knowledge and skills tests and training program that 
drivers undergo to obtain a Japanese commercial license ensures that 
these drivers will achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the exemption.

DATES: Comments must be received on or before November 19, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2006-25290 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     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 www.regulations.gov, 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 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 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: For information concerning this 
notice, contact Ms. Pearlie Robinson, 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 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-2006-25290), 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 www.regulations.gov and put 
the docket number, ``FMCSA-2006-25290'' 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 to grant 
exemptions from certain 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 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)).

III. Request for Exemption

    Isuzu has applied for an exemption from the CDL rules, specifically 
49 CFR 383.23 that prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Isuzu requests the 
exemption because its driver-employees are citizens and residents of 
Japan, and because they cannot apply for a CDL in any of the United 
States due to lack of residency. Isuzu explained that the exemption 
would allow a team of 12 employees (vehicle test engineers, 
technicians, mechanics and other employees) to drive CMVs in interstate 
commerce to test and evaluate production and prototype CMVs in the 
United States in order to design safe and well-tested vehicles for use 
on U.S. highways. The exemption would further provide an opportunity 
for these engineers to test how CMVs perform under various 
environmental and climatic conditions.

[[Page 53152]]

    The drivers covered by the proposed exemption are Naoto Morimoto, 
Kenji Sugawara, Ryota Hisamatsu, Takehiro Oshima, Yasuhiro Sakai, 
Hiroaki Takahashi, Kazunori Aizawa, Atsushi Fujiwara, Kazuya Takahashi, 
Koichi Ueno, Takahisa Chiba, and Takamasa Ono. According to Isuzu, 
these drivers will not engage in driving CMVs for purpose of 
transporting merchandise as a commercial activity.
    Each driver holds a valid Japanese commercial license, and as 
explained by Isuzu in previous exemption requests, drivers applying for 
a Japanese-issued commercial license must undergo a training program 
and pass knowledge and skills tests. Isuzu also stated in prior 
exemption requests that the knowledge and skills tests and training 
program that Japanese drivers undergo to obtain a Japanese commercial 
license ensure the exemption provides a level of safety that is 
equivalent to, or greater than, the level of safety obtained by 
complying with the U.S. requirement for a CDL. A copy of Isuzu's 
application for exemption is available for review in the docket for 
this notice.
    FMCSA has previously determined the process for obtaining a 
Japanese commercial license is comparable to, or as effective as, the 
Federal CDL knowledge and skills requirements of 49 CFR part 383 as 
enforced by the States, and adequately assesses the driver's ability to 
operate CMVs in the U.S. Since 2003, FMCSA has granted Isuzu drivers 
similar exemptions [October 16, 2003 (68 FR 59677); April 3, 2007 (72 
FR 15933); April 5, 2007 (72 FR 16870); September 5, 2008 (73 FR 
51878); January 5, 2009 (74 FR 334); July 24, 2009 (74 FR 36809)].

     Issued on: September 26, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-22834 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P