[Federal Register: July 25, 2006 (Volume 71, Number 142)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2006-25290]
Commercial Driver's License (CDL) Standards; Isuzu Motors
America, Inc.'s Exemption Application
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption from CDL standards; request
SUMMARY: FMCSA announces that Isuzu Motors America, Inc. (Isuzu) has
applied for an exemption for 76 of its commercial motor vehicle (CMV)
drivers to enable them to test-drive Isuzu CMVs in the United States
without a U.S. CDL. The Isuzu CMVs are prototypes which require testing
under U.S. climatic conditions prior to being placed on the U.S.
market. Each of these drivers holds a CDL issued in Japan, but lack the
U.S. residency necessary to obtain a CDL in the United States. Isuzu
asks that they be exempt from the Federal requirement that drivers of
such CMVs hold a CDL issued by one of the States of the United States.
DATES: Comments must be received on or before August 24, 2006.
ADDRESSES: You may submit comments to the DOT Docket Management System
(DMS), referencing Docket Number FMCSA-2006-25290, using any of the
- Web site: http://dmses.dot.gov. Follow the instructions
for submitting comments on the DOT electronic docket site.
- Fax: 1-202-493-2251.
- Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
- Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
- Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Instructions: All submissions must include the Agency name and
docket numbers for this notice. Note that all comments received will be
posted without change to http://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading for further
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or Room PL-401
on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The DMS is available 24 hours each day, 365
days each year. If you want us to notify you that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment page that appears after submitting comments
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, June 9, 1998, 112 Stat. 107) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from the motor
carrier safety regulations. On August 20, 2004, FMCSA published a final
rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must
publish a notice of each exemption request in the Federal Register (49
CFR 381.315(a)). FMCSA must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted, and it must provide an
opportunity for public comment on the request.
FMCSA reviews the safety analyses and the public comments and
determines whether granting the exemption would achieve a level of
safety equivalent to or greater than the level that would be achieved
by the current regulation (49 CFR 381.305). FMCSA's decision must be
published in the Federal Register (49 CFR 381.315(b)). If FMCSA denies
the request, it must state the reason for doing so. If FMCSA grants the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which exemption is being granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed (49 CFR
Application for Exemption
Isuzu has applied for an exemption from the FMCSR provision
requiring that drivers of certain CMVs in interstate or intrastate
commerce obtain a CDL from a State (49 CFR 383.23). Isuzu requests the
exemption because its drivers are residents of Japan and therefore are
ineligible to obtain a CDL from a State. The Isuzu CMVs are prototypes
which require testing under U.S. climatic conditions prior to being
placed on the U.S. market. It is expected that each driver would
operate CMVs about 5,000 miles per year. A copy of Isuzu's application
is in Docket No. FMCSA-2006-25290.
Japanese Drivers Included in Application
The exemption would enable the following 76 drivers to operate CMVs
that will be manufactured, assembled, sold or primarily used in the
United States: Aihara Hirokazu, Akira Iiduka, Akira Yoshino, Atsushi
Hirotsu, Atsushi Yamazaki, Chito Agatsuma, Fuki Yokoyama, Fumiaki Kubo,
Fumiaki Takei, Fuyuki Hamanaka, Go Shinozuka, Hideki Shibata, Hiroaki
Kurata, Hiroaki Takahashi, Hiromasa Narita, Hiroshi Osada, Hiroyoshi
Morohoshi, Hisashi Hashiguchi, Ichirou Watanabe, Jirou Arai, Junichi
Yamada, Jyunichi Suda, Kakuya Sekimoto, Kazuhiro Itou, Kazuhiro
Teraguchi, Kazuyoshi Tateishi, Ken Ueda, Kenji Takashima, Kiyoaki
Nokura, Kiyoshi Toshima, Kohki Natsumi, Manabu Andou, Masaaki Toriyama,
Masahiko Gotou, Masahito Katou, Masayuki Tanaka, Minoru Endou, Misturu
Denpouy, Mitsugu Sugiura, Motoyuki Kamo, Naoki Morimoto, Naomi Uchida,
Naoyuki Itou, Noboru Azuma, Nobuhisa Okuda, Nobuyuki Iwao, Ryo Sato,
Ryouji Matsuzawa, Satoshi Yatomi, Shigeo Shimada, Shinya Ishida, Syouji
Takahashi, Tadao Shibuya, Tadashi Shoda, Takahiro Maemoto, Takashi
Oguma, Takatomo Omukai, Takauki Asaoka, Takayuki Kaneda, Takeshi Kamei,
Tatsumi Wakamori, Tatsuya Kawase, Tatsuya Sakata, Tetsuji Oshima,
Tetuya Hiromatsu, Toshiaki Shimizu, Toshihiko Sudo, Tsuchida Minoru,
Tsugio Fujita, Yasuhiro Sakai, Yasuo Tamamoto, Yasuyuki Fujita,
Yoshiaki Miyamoto, Yoshinori Kunieda, Yoshinori Ugai and Youcihi
Isuzu presents evidence of the comprehensive driver training and
testing which precedes issuance of a Japanese CDL. Isuzu also provides
evidence of the background of each of the 76 drivers. They are
automotive engineers and technicians, and each holds a valid Japanese
CDL. They are experienced CMV operators, and Isuzu states in its
application that none of these drivers has been cited for a traffic
violation or has been involved in a traffic accident during the two
years prior to the application.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment from all interested persons, including those
with specific data concerning the safety records of the drivers listed
in this notice, on Isuzu's application for an exemption from the CDL
requirements of 49 CFR 383.23. The Agency requests that comments be
submitted by the close of business on August 24, 2006. Comments will be
available for examination in the docket. FMCSA will review all comments
received by this date, and will determine whether the exemption is
consistent with requirements of 49 U.S.C. 31315(b)(4) and 31136(e).
Comments received after the closing date will be filed in the public
docket and will be considered to the extent practicable, but FMCSA may
make a final decision at any time after the close of the comment
Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.
Issued on: July 19, 2006.
David H. Hugel,
[FR Doc. E6-11766 Filed 7-24-06; 8:45 am]
BILLING CODE 4910-EX-P