[Federal Register: April 6, 2009 (Volume 74, Number 64)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2003-25290]
Commercial Driver's License Standards: Application for Exemption;
Isuzu Motors America, Inc. (Isuzu)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
SUMMARY: FMCSA announces that Isuzu North America Corporation (Isuzu)
has applied for an exemption from the Federal requirement that drivers
of commercial motor vehicles (CMV) hold a commercial driver's license
(CDL) issued by one of the States. Isuzu requests exemption so that 20
of its Japanese employees can test-drive Isuzu CMVs in the United
States. Each of these 20 Isuzu employees holds a valid Japanese CDL but
lacks the U.S. residency necessary to obtain a CDL from one of the
States. Isuzu believes the knowledge and skills tests and training
program that drivers undergo to obtain a Japanese CDL would provide for
a level of safety that is equivalent to, or greater than, the level of
safety that would be achieved without the exemption.
DATES: Comments must be received on or before May 6, 2009.
ADDRESSES: You may submit comments to Federal Docket Management System
Number FMCSA-2003-25290 by any of the following methods:
Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
Mail: Docket Management Facility; U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal Holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
Docket: For access to the docket to read background documents or
comments received, go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov at any time or to
the ground floor, room W12-140, DOT Building, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone may search the electronic form of all comments
received into any of the our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Public Participation: The http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can
obtain electronic submission and retrieval help and guidelines under
the "help" section of the http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov Web site and
also at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://docketsinfo.dot.gov. If you want us to notify you that
we received your comments, please include a self-addressed, stamped
envelope or postcard, or print the acknowledgement page that appears
after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Jr., FMCSA Driver
and Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. Under its 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. The Agency must also provide an opportunity for public
comment on the application.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely provide for a
level of safety that is equivalent to, or greater than, the level
achieved without the exemption (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 denying the request for exemption or, in the
alternative, 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 2 years), and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).
Request for Exemption
Isuzu has applied for an exemption from the commercial driver's
license (CDL) rule, specifically 49 CFR 383.23, that prescribes
licensing requirements for drivers operating CMVs in interstate or
intrastate commerce. Isuzu requests the exemption because its driver-
employees, as citizens and residents of Japan, cannot apply for a CDL
in any of the United States. A copy of the application is in Docket No.
FMCSA-2003-25290. The exemption would allow 20 drivers to operate CMVs
in interstate commerce as a team, testing and evaluating production and
prototype CMVs in the United States in order to assist in the design of
safe vehicles for sale in the United States.
The drivers are: Tadashi Shoda, Ryouji Matsuzawa, Hisashi
Hashiguchi, Nobuhisa Okuda, Minoru Endo, Fumiaki Takei, Akira Yoshino,
Tadao Shibuya, Akira Iizuka, Yoshinori Ugai, Kazuyoshi Tateishi, Naomi
Uchida, Kiyoshi Toshima, Khoki Natsumi, Minuro Tsuchida, Mitsuo Konno,
Hiroaki Kurata, Naoki Morimoto, Takayuki Kaneda, and Chito Agatsuma.
Each driver holds a valid Japanese CDL, and as explained by Isuzu
in previous exemption requests, drivers applying for a Japanese-issued
CDL must undergo a driver training program and pass knowledge and
skills tests. Isuzu also stated in prior exemption requests that the
knowledge and skills tests and training program that Japanese drivers
undergo to obtain a Japanese CDL provide for a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption. FMCSA has previously determined that the process for
obtaining a Japanese CDL is comparable to, or as effective as, the
Federal CDL knowledge and skills requirements of 49 CFR part 383 as
enforced by the States, and adequately assesses the driver's ability to
operate CMVs in the U.S. The initial notice of a similar nature was
published by FMCSA on October 16, 2003, granting a similar exemption to
Isuzu for 31 Japanese CDL drivers (68 FR 59677).
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Isuzu's application for an exemption from
the CDL requirements of 49 CFR 383.23. The Agency will consider all
comments received by close of business on May 6, 2009. Comments will be
examination in the docket at the location listed under the Addresses
section of this notice. The Agency will consider to the extent
practicable comments received in the public docket after the closing
date of the comment period.
Issued on: March 27, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-7564 Filed 4-3-09; 8:45 am]
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