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Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar) Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 23 September 2022 Subjects: American Government  , Driver Licensing
Topics: Anders Björkman, Scania |
[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58178-58180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20642]
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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 from the
commercial driver's license (CDL) requirements to Navistar, Inc.
(Navistar) for a commercial motor vehicle (CMV) driver, Mr. Anders
Bj[ouml]rkman, employed as an engineer by Navistar's business partner
Scania AB (Scania). Navistar and Scania are subsidiaries of Germany's
TRATON SE. Mr. Bj[ouml]rkman holds a valid Swedish commercial license
and wants to test drive Navistar CMVs on U.S. roads to better
understand product requirements in ``real world'' environments and
verify
[[Page 58179]]
results. FMCSA reviewed Mr. Bj[ouml]rkman's commercial license records
provided by Navistar, and believes the requirements for a Swedish
commercial license, and the terms and conditions set forth below,
including a Navistar-administered drug and alcohol testing program,
will ensure that his operation under this 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 September 23, 2022 and expires
September 23, 2027.
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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 366-4225 or by email atMCPSD@dot.gov.
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number, ``FMCSA-2018-0347'' in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2018-0347'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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., 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.
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 also provide
an opportunity for public comment on the request.
The Agency reviews safety analyses and the public comments
submitted 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
Agency's decision must be published in the Federal Register (49 CFR
381.315(b)) with the reason for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision 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. Current Regulatory Requirements
Under 49 CFR 383.23, no person shall operate a commercial motor
vehicle (CMV) without first having 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. Such drivers are also
subject to the controlled substances and alcohol testing requirements
of 49 CFR part 382.
IV. Applicant's Request
Navistar has applied for an exemption for Anders Bj[ouml]rkman from
49 CFR 383.23 because he is unable to obtain a CDL due to his lack of
residency in the United States. Navistar states that Mr. Bj[ouml]rkman
is employed as an expert engineer by Navistar's business partner Scania
in Sweden. Navistar and Scania are both subsidiaries of Germany's
TRATON SE.
Mr. Bj[ouml]rkman holds a valid Swedish commercial license. The
exemption would allow him to operate CMVs in interstate or intrastate
commerce to support Navistar field tests designed to meet future
vehicle safety and environmental requirements and to promote
technological advancements in vehicle safety systems and emissions
reductions. According to Navistar, the driving will consist of no more
than 250 miles per day, for a total of 500 miles during a two-day
period on a quarterly basis.
V. Method To Ensure an Equivalent or Greater Level of Safety
According to Navistar, the requirements for a Swedish commercial
license ensure that the same level of safety is met or exceeded as if
this driver had a CDL issued by one of the States. Navistar explained
that Anders Bj[ouml]rkman is familiar with the operation of CMVs
worldwide and would be accompanied at all times by a driver who holds a
State-issued CDL and is familiar with the routes to be traveled. In
addition, Navistar provided a statement of driving history for Mr.
Bj[ouml]rkman.
VI. Public Comments
On April 7, 2022, FMCSA published notice of this application and
requested public comments (87 FR 20499). The Agency received no
comments.
VII. FMCSA Decision
FMCSA has determined that the process for obtaining a Swedish
commercial license is comparable to the process for obtaining a State-
issued CDL and therefore adequately ensures that this driver can safely
operate a CMV in the United States. FMCSA reviewed documents submitted
with the application including Mr. Bj[ouml]rkman's Swedish commercial
license, his driving record, a CMV experience statement, and accident
statement. In 2019, the Agency granted similar exemptions to Navistar
drivers on three occasions [April 15, 2019 (84 FR 15283); November 21,
2019 (84 FR 64400); December 27, 2019 (84 FR 71525)]. Furthermore, the
Agency has granted German drivers working for Daimler similar
exemptions.\1\
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\1\ FMCSA granted Daimler drivers similar exemptions on May 25,
2012 (77 FR 31422); July 22, 2014 (79 FR 42626); March 27, 2015 (80
FR 16511); October 5, 2015 (80 FR 60220); July 12, 2016 (81 FR
45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151),
September 10, 2018 (83 FR 45742) and April 27, 2022 (87 FR 25083).
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Under this exemption, Mr. Bj[ouml]rkman would not be 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 (Mexico), and to their employers (49 CFR
382.103(a)). Therefore, to ensure a likely equivalent level of safety,
the terms and conditions of this exemption
[[Page 58180]]
require that Navistar implement a corporate drug and alcohol testing
program substantially equivalent to the testing requirements in part
382.
Based on the information provided by Navistar, as described in
section IV, including the driver's experience and safety record, FMCSA
concludes that the exemption, subject to the terms and conditions set
forth in section VIII, would 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 49 U.S.C. 31315(b)(1).
VIII. Terms and Conditions for the Exemption
This exemption applies only to Navistar driver Anders
Bj[ouml]rkman. This driver is granted an exemption from the CDL
requirement in 49 CFR 383.23 to allow him to drive CMVs in the United
States without a State-issued CDL. Consequently, this driver is not
subject to the requirements of 49 CFR part 382. When operating under
this exemption, Navistar and Mr. Bj[ouml]rkman are subject to the
following terms and conditions:
(1) The driver and Navistar must comply with all other applicable
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49
CFR parts 350-399);
(2) The driver must be in possession of the exemption document and
a valid Swedish commercial license;
(3) The driver must be employed by and operate the CMV within the
scope of his duties for Navistar or its partner Scania;
(4) At all times while operating a CMV under this exemption, the
driver must be accompanied by a holder of a State-issued 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 Mr. Bj[ouml]rkman;
and
(6) Navistar must notify FMCSA in writing if Mr. Bj[ouml]rkman is
convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15
of the FMCSRs; and
(7) Navistar must implement a drug and alcohol testing program
substantially equivalent to the applicable requirements in 49 CFR part
382, subparts A-F, and require that Mr. Bj[ouml]rkman be subject to
those requirements.
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. States
may, but are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
Notification to FMCSA
Under the exemption, Navistar must notify FMCSA within 5 business
days of any crash (as defined in 49 CFR 390.5), involving Anders
Bj[ouml]rkman while operating a CMV under the terms of this exemption.
The notification about crashes must include the following information:
a. Identifier of the Exemption: ``Navistar--Bj[ouml]rkman;''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash 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 crash, 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 crash, and the total on-duty time and driving
time in the work shift prior to the crash.
IX. Termination
FMCSA has no reason to believe the motor carrier and driver covered
by this exemption will experience any deterioration of their safety
records. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption. FMCSA will immediately revoke the exemption for failure to
comply with its terms and conditions.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20642 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-EX-P