Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)

Topics:  Navistar

Larry W. Minor
Federal Motor Carrier Safety Administration
19 September 2019

[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49376-49377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20237]


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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 
an exemption for five commercial motor vehicles (CMVs) drivers from the 
Federal requirement to hold a U.S. commercial driver's license (CDL). 
The requested exemption will cover five Swedish Project Engineers who 
will test-drive commercial motor vehicles (CMVs) for Navistar within 
the United States. All five engineers work for Scania AB in Sweden 
(part of the Volkswagen Group), which is partnering with Navistar to 
develop improved fuel economy and emissions reductions. The Scania 
drivers all hold valid Swedish commercial licenses and need to test-
drive Navistar vehicles on U.S. roads to better understand product 
requirements in ``real world'' environments and to verify results. 
Navistar believes the requirements for a Swedish commercial license 
ensure that operation under the 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. FMCSA requests public 
comments on Navistar's application for exemption.

DATES: Comments must be received on or before October 21, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0347 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: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4225. 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-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 www.regulations.gov 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

[[Page 49377]]

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 and may grant or not grant 
this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 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 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. Request for Exemption

    Navistar has applied for an exemption for five drivers from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
CMVs in interstate or intrastate commerce. Navistar requests the 
exemption because these drivers are all citizens of Sweden and 
therefore cannot apply for a CDL in any of the U.S. States due to their 
lack of residency in this country. A copy of the individual 
applications is in Docket No. FMCSA-2018-0347.
    The exemption would allow five drivers to operate CMVs in 
interstate or intrastate commerce as part of Navistar field tests 
designed to meet future vehicle safety and environmental requirements 
and to promote the development of new and advanced emissions reduction 
systems and fuel efficiency improvements. According to Navistar, the 
drivers 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 for each driver will consist of no more than 300 
miles per day, and in all cases the drivers will be accompanied by a 
holder of a U.S. CDL who is familiar with the routes to be traveled.
    The drivers are Jonas Hellstrom, Sofie Svanstrom, Erik Holma, Jonas 
Udd, and Mikael Oun. The drivers hold valid Swedish commercial licenses 
and, as explained by Navistar in its exemption request, the 
requirements for that license ensure that, operating under the 
exemption, the drivers would likely achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by the 
current regulation. Navistar requests that the exemptions cover a five-
year period for each driver.
    Copies of Navistar's applications for exemption for these five 
drivers are available in the docket for this notice.

    Issued on: September 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-20237 Filed 9-18-19; 8:45 am]
 BILLING CODE 4910-EX-P