Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar) Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 7 April 2022 Subjects: American Government , Driver Licensing Topics: Anders Björkman, Scania

[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20499-20500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07373]


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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 a 
5-year exemption from the Federal requirement to hold a U.S. commercial 
driver's license (CDL) for Mr. Anders Bj[ouml]rkman, an engineer with 
Scania's Powertrain Control systems group in Sweden. Navistar and 
Scania are both subsidiaries of Germany's TRATON Group. Mr. 
Bj[ouml]rkman holds a valid Swedish commercial license and needs to 
test drive Navistar CMVs on U.S. roads to better understand product 
requirements in ``real world'' environments and to verify results.

DATES: Comments must be received on or before May 9, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0347 by any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Operations, 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., ET, 
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.
    To be sure someone is there to help you, please call (202) 366-9317 
or (202) 366-9826 before visiting Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b) DOT solicits 
comments from the public to better inform its exemption 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: Ms. Pearlie Robinson, 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 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(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 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

[[Page 20500]]

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. Background

Current Regulation(s) Requirements

    Under 49 CFR 383.23, no person shall operate a commercial motor 
vehicle (CMV) unless such person has 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.

Applicant's Request

    Navistar has applied for an exemption for Anders Bj[ouml]rkman from 
49 CFR 383.23, which prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Mr. Bj[ouml]rkman 
is a citizen of Sweden and therefore cannot apply for a CDL in any of 
the U.S. States due to his lack of residency in this country.
    The exemption would allow Mr. Bj[ouml]rkman to operate CMVs in 
interstate or intrastate commerce as part of Navistar field tests 
designed to meet future vehicle safety and to promote the development 
of new and advanced emissions reduction systems and fuel efficiency 
improvements. According to Navistar, Mr. Bj[ouml]rkman 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 will 
consist of no more than 300 miles per day, and in all cases Mr. 
Bj[ouml]rkman will be accompanied by a holder of a U.S. CDL who is 
familiar with the routes to be traveled.

IV. Equivalent Level of Safety

    Mr. Bj[ouml]rkman holds a valid Swedish commercial license, and as 
explained by Navistar in its exemption request, the requirements for 
that license ensure that, operating under the exemption, he would 
likely achieve a level of safety equivalent to, or greater than the 
level that would be achieved by the current regulation. Furthermore, 
Mr. Bj[ouml]rkman is familiar with the operations of CMVs worldwide 
and, a U.S. CDL holder who is familiar with the FMCSA regulations as 
well as the specific routes to be driven will always accompany Mr. 
Bj[ouml]rkman when he is driving a CMV.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Navistar's application for an 
exemption from the CDL requirements in 49 CFR 383.23. All comments 
received before the close of business on the comment closing date 
indicated at the beginning of this notice will be considered and will 
be available for examination in the docket at the location listed under 
the Addresses section of this notice. Comments received after the 
comment closing date will be filed in the public docket and will be 
considered to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should continue to examine the public docket for new 
material.
    A copy of Navistar's application for exemption is available in the 
docket for this notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-07373 Filed 4-6-22; 8:45 am]
BILLING CODE 4910-EX-P