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

Topics:  Navistar

Jim Mullen
Federal Motor Carrier Safety Administration
27 December 2019

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71525-71526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27901]


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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 final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption to 
Navistar, Inc. (Navistar) and five engineers/drivers from the 
commercial driver's license (CDL) regulations for Jonas Hellstr[ouml]m, 
Sofie Svanstr[ouml]m, Erik Holma, Jonas Udd, and Mikael [Ouml]un. These 
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. FMCSA 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.

DATES: This exemption is effective December 27, 2019 and expires 
December 27, 2024.

ADDRESSES: 
    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 Federal Docket Management System 
(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: 202-366-4325. 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

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2018-0347'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of 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 also provide an opportunity for public comment on the 
request.

[[Page 71526]]

    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)).

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 allows these 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. Each engineer will drive 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 Hellstr[ouml]m, Sofie Svanstr[ouml]m, Erik 
Holma, Jonas Udd, and Mikael [Ouml]un. 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.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    As for an equivalent level of safety, Navistar states that the 
process and requirements for obtaining a Swedish commercial license is 
comparable to, or as effective as, the requirements of part 383, and 
adequately assesses the driver's ability to operate CMVs in the U.S. 
The Agency recently granted one of Navistar's drivers a similar 
exemption [April 15, 2019 (84 FR 15283)]. Furthermore, the Agency has 
granted German drivers working for Daimler similar exemptions on 
December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410); July 
12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 
(82 FR 39151); and September 10, 2018 (83 FR 45742). The Agency has not 
received any information or reports indicating there have been safety 
performance problems with individuals holding Swedish or German 
commercial licenses who operate CMVs on public roads in the United 
States.

V. Public Comments

    On September 19, 2019, FMCSA published notice of this application 
and requested public comments (84 FR 49376). One comment was submitted. 
Mr. Zach Robinson wrote, ``I am a general member of the public with no 
known direct personal stake in this issue: The exemption request should 
definitely be approved. These drivers hold commercial licenses in their 
own country and will be accompanied by a U.S. CDL holder. This 
addresses both safety concerns and American worker-employment concerns. 
Plus, they are only driving for 2 days. I have no doubt they will be 
safer than most of the drivers on the road.''

VI. FMCSA Decision

    Based upon the merits of this application, including the five 
Navistar drivers' extensive driving experience and safety records, 
FMCSA has concluded that the exemption will likely achieve a level of 
safety that is equivalent to or greater than the level that would be 
achieved absent such exemption, in accordance with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Navistar and its five drivers, Jonas Hellstr[ouml]m, 
Sofie Svanstr[ouml]m, Erik Holma, Jonas Udd, and Mikael [Ouml]un, an 
exemption from the CDL requirement in 49 CFR 383.23 to allow these 
individuals to drive CMVs in this country without a State-issued CDL, 
subject to the following terms and conditions:
    (1) The drivers and carrier must comply with all other applicable 
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) the drivers must be in possession of the exemption document and 
a valid Swedish commercial license;
    (3) the drivers must be employed by and operate the CMV within the 
scope of their duties for Navistar;
    (4) at all times while operating a CMV under this exemption, the 
drivers must be accompanied by a holder of a U.S. CDL who is familiar 
with the routes traveled;
    (5) Navistar must notify FMCSA in writing within 5 business days of 
any accident, as defined in 49 CFR 390.5, involving any of these 
drivers; and
    (6) Navistar must notify FMCSA in writing if any of these drivers 
are convicted of a disqualifying offense under Sec.  383.51 or Sec.  
391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 5 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if:
    (1) These five drivers fail to comply with the terms and conditions 
of the exemption;
    (2) the exemption results in a lower level of safety than was 
maintained before it was granted; or
    (3) continuation of the exemption would be inconsistent with the 
goals and objectives of 49 U.S.C. 31315 and 31136.

VIII. 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 or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption.

    Issued on: December 19, 2019.
Jim Mullen,
Acting Administrator.
[FR Doc. 2019-27901 Filed 12-26-19; 8:45 am]
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