20166 Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Notices 

1Although 49 CFR 383.23 indicates that these 

drivers could obtain a Nonresident CDL, few States 

are currently issuing Nonresident CDLs. 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–24932] 

Commercial Driver’s License (CDL) 

Standards; Volvo Trucks North 

America, Inc.’s Exemption Application 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: The FMCSA announces its 

decision to grant Volvo Trucks North 

America, Inc.’s (Volvo) application for 

an exemption for seven of its drivers to 

enable them to test-drive commercial 

motor vehicles (CMVs) in the United 

States without a commercial driver’s 

license (CDL) issued by one of the 

States. Volvo requested that the 

exemption cover seven Swedish 

engineers and technicians who will test 

drive CMVs for Volvo within the U.S. 

They stated the exemption is needed to 

support a Volvo field test to meet future 

air quality standards, and to test-drive 

Volvo prototype vehicles to verify 

results in ‘‘real world’’ environments. 

Each of these drivers holds a CDL issued 

in Sweden, but lacks the U.S. residency 

necessary to obtain a CDL issued by one 

of the States in the U.S. The FMCSA 

believes the knowledge and skills 

testing and training program that drivers 

must undergo to obtain a Swedish CDL 

ensures that these drivers will achieve 

a level of safety that is equivalent to, or 

greater than, the level of safety achieved 

without the exemption. 

DATES: This decision is effective April 

23, 2007. The exemption expires on 

April 23, 2009. 

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. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may grant an exemption from 

the CDL requirements in 49 CFR 383.23 

for a two-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

absent such exemption’’ (49 CFR 

381.305 (a)). FMCSA has evaluated 

Volvo’s application on its merits and 

decided to grant the exemption for 

seven of Volvo’s engineers and 

technicians for a two-year period. 

Volvo Application for an Exemption 

Volvo applied for an exemption from 

the 49 CFR 383.23 requirement that the 

operator of a CMV obtain a CDL. This 

section of the Federal Motor Carrier 

Safety Regulations (FMCSRs) sets forth 

the standards that States must employ 

in issuing CDLs to drivers operating in 

commerce. In the U.S., an individual 

must be a resident of a State in order to 

qualify for a CDL.1 The Volvo driversemployees for whom this exemption is 

sought are all citizens and residents of 

Sweden; therefore, they cannot apply 

for a CDL in any State of the United 

States. A copy of the request for 

exemption from section 383.23 is in the 

docket identified at the beginning of this 

notice. 

Swedish Drivers 

This exemption enables the following 

drivers to test-drive in the U.S. Volvo 

CMVs that are assembled, sold or 

primarily used in the U.S.: Freddy Blixt, 

Goran Alsen, Kjell Jansson, Johnny 

Adolfsson, Lars Svensson, Peter 

Hofsten, and Thorbjorn Ohlund. 

Collectively, these drivers form a team 

of engineers and technicians. Volvo 

currently employs these drivers in 

Sweden, and wants them to be able to 

test-drive Volvo prototype vehicles at its 

test site and in the vicinity of Phoenix, 

Arizona, to verify vehicle results in 

‘‘real world’’ environments. These 

drivers would test-drive Volvo CMVs 

that are assembled, sold or primarily 

used in the U.S. They are highly trained, 

experienced CMV operators with valid 

Swedish-issued CDLs. Because each of 

the drivers was required to satisfy strict 

CDL testing standards in Sweden to 

obtain a CDL, and has extensive training 

and experience operating CMVs, Volvo 

believes that the exemption will 

maintain a level of safety equivalent to 

the level of safety that would be 

obtained absent the exemption. 

Method to Ensure an Equivalent or 

Greater Level of Safety 

According to Volvo, drivers applying 

for a Swedish-issued CDL must undergo 

a training program and pass knowledge 

and skills tests. Volvo believes the 

knowledge and skills tests and training 

program that Swedish drivers undergo 

to obtain a Swedish CDL ensure the 

exemption would provide a level of 

safety that is equivalent to, or greater 

than, the level of safety obtained by 

complying with the U.S. requirement for 

a CDL. Once a driver is granted a 

Swedish CDL, he or she is allowed to 

drive any CMV currently allowed on 

Swedish roads. There are no limits to 

types or weights of vehicles that may be 

operated by the drivers. 

Therefore, the process for obtaining a 

Swedish-issued CDL is considered to be 

comparable to, or as effective as, the 

requirements of 49 CFR part 383. 

Comments 

The Agency received one comment in 

response to its request for public 

comments (71 FR 45095, August 8, 

2006). The individual expressed 

concern that Volvo was not employing 

U.S. CDL drivers for these tests, but 

offered no substantive comments 

concerning the ability of the drivers to 

operate CMV’s safely in the U.S. The 

docket number of this matter is 

referenced at the beginning of this 

notice. 

FMCSA Decision 

The FMCSA decision to grant these 

drivers an exemption from section 

383.23 is based on the merits of the 

application for exemption, the rigorous 

knowledge and skills testing of Swedish 

drivers concerning the safe operation of 

CMVs, and consideration of the 

comment submitted in response to the 

public notice. 

Terms and Conditions for the 

Exemption 

After considering the comment to the 

docket and based upon evaluation of the 

application for an exemption, FMCSA 

grants Volvo an exemption from the 

CDL requirements in 49 CFR 383.23 for 

seven drivers, identified under the 

‘‘Swedish Drivers’’ heading above, to 

test-drive CMVs within the U.S., subject 

to the following terms and conditions: 

(1) That these drivers will be subject to 

drug and alcohol regulations, including 

testing, as provided in 49 CFR part 382, 

(2) that these drivers are subject to the 

same driver disqualification rules under 

49 CFR parts 383 and 391 that apply to 

other CMV drivers in the U.S., (3) that 

these drivers keep a copy of the 

exemption on the vehicle at all times, 

(4) that Volvo notify FMCSA in writing 

of any accident, as defined in 49 CFR 

390.5, involving one of the exempted 

drivers, and (5) that Volvo notify 

FMCSA in writing if any driver is 

convicted of a disqualifying offense 

described in sections 383.51 or 391.15 

of the FMCSRs. 

In accordance with 49 U.S.C. 31315 

and 31136(e), the exemption will be 

valid for 2 years unless revoked earlier 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Notices 20167 

1Although 49 CFR 383.23 indicates that these 

drivers could obtain a Nonresident CDL, few States 

are currently issuing Nonresident CDLs. 

by the FMCSA. The exemption will be 

revoked if: (1) The drivers for Volvo fail 

to comply with the terms and 

conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31315 and 31136. 

Issued on: April 13, 2007. 

Rose A. McMurray, 

Chief Safety Officer Assistant Administrator. 

[FR Doc. E7–7638 Filed 4–20–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25756] 

Commercial Driver’s License (CDL) 

Standards; Volvo Trucks North 

America, Inc.’s Exemption Application 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: The FMCSA announces its 

decision to grant Volvo Trucks North 

America, Inc.’s (Volvo) application for 

an exemption for three of its drivers to 

enable them to test-drive commercial 

motor vehicles (CMVs) in the United 

States without a commercial driver’s 

license (CDL) issued by one of the 

States. Volvo had requested that the 

exemption cover three Swedish 

engineers and technicians who will test 

drive CMVs for Volvo within the U.S. 

They stated the exemption is needed to 

support a Volvo field test to meet future 

air quality standards, and to test-drive 

Volvo prototype vehicles to verify 

results in ‘‘real world’’ environments. 

Each of these drivers holds a valid CDL 

issued in Sweden, but lacks the U.S. 

residency necessary to obtain a CDL 

issued by one of the States in the U.S. 

The FMCSA believes the knowledge and 

skills testing and training program that 

drivers must undergo to obtain a 

Swedish CDL ensures that these drivers 

will achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

DATES: This decision is effective April 

20, 2007. The exemption expires on 

April 23, 2009. 

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. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may grant an exemption from 

the CDL requirements in 49 CFR 383.23 

for a two-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to, or greater 

than, the level that would be achieved 

absent such exemption’’ (49 CFR 

381.305 (a)). FMCSA has evaluated 

Volvo’s application on its merits and 

decided to grant the exemption for three 

of Volvo’s engineers and technicians for 

a two-year period. 

Volvo Application for an Exemption 

Volvo applied for an exemption from 

the 49 CFR 383.23 requirement that the 

operator of a CMV obtain a CDL. This 

section of the Federal Motor Carrier 

Safety Regulations (FMCSRs) sets forth 

the standards that States must employ 

in issuing CDLs to drivers operating in 

commerce. In the U.S., an individual 

must be a resident of a State in order to 

qualify for a CDL.1 The Volvo driversemployees for whom this exemption is 

sought are all citizens and residents of 

Sweden; therefore, they cannot apply 

for a CDL in any State of the United 

States. A copy of the request for 

exemption from section 383.23 is in the 

docket identified at the beginning of this 

notice. 

Swedish Drivers 

This exemption enables the following 

drivers to test-drive in the U.S. Volvo 

CMVs that are assembled, sold or 

primarily used in the U.S.: Hans Leif 

Esbjorn Berg, Ingemar Karlsson, and 

Rolf Stefan Wikner. 

Collectively, these drivers form a team 

of engineers and technicians. Volvo 

currently employs these drivers in 

Sweden, and wants them to be able to 

test-drive Volvo prototype vehicles at its 

test site and in the vicinity of Phoenix, 

Arizona, to verify vehicle results in 

‘‘real world’’ environments. These 

drivers would test-drive Volvo CMVs 

that are assembled, sold or primarily 

used in the U.S. They are highly trained, 

experienced CMV operators with valid 

Swedish-issued CDLs. Because each of 

the drivers was required to satisfy strict 

CDL testing standards in Sweden to 

obtain a CDL, and has extensive training 

and experience operating CMVs, Volvo 

believes that the exemption will 

maintain a level of safety equivalent to 

the level of safety that would be 

obtained absent the exemption. 

Method To Ensure an Equivalent or 

Greater Level of Safety 

According to Volvo, drivers applying 

for a Swedish-issued CDL must undergo 

a training program and pass knowledge 

and skills tests. Volvo believes the 

knowledge and skills tests and training 

program that these drivers undergo to 

obtain a Swedish CDL ensure the 

exemption would provide a level of 

safety that is equivalent to, or greater 

than, the level of safety obtained by 

complying with the U.S. requirement for 

a CDL. Once a driver is granted a 

Swedish CDL, he or she is allowed to 

drive any CMV currently allowed on 

Swedish roads. There are no limits to 

types or weights of vehicles that may be 

operated by the drivers. In addition, 

Volvo has submitted a copy of the 

Swedish driving record of each of these 

drivers, and each has a driving record 

free of violations. 

The FMCSA had previously 

determined that the process for 

obtaining a Swedish-issued CDL 

adequately assesses the driver’s ability 

to operate CMVs in the U.S. Therefore, 

the process for obtaining a Swedishissued CDL is considered to be 

comparable to, or as effective as, the 

requirements of 49 CFR part 383. 

Comments 

The FMCSA received no response to 

its request for public comments 

published in the Federal Register on 

December 22, 2006 (71 FR 77090). 

FMCSA Decision 

The FMCSA decision to grant these 

drivers an exemption from section 

383.23 is based on the merits of the 

application for exemption, and the 

rigorous knowledge and skills testing of 

Swedish drivers concerning the safe 

operation of CMVs. 

Terms and Conditions for the 

Exemption 

Based upon evaluation of the 

application for an exemption, FMCSA 

grants Volvo an exemption from the 

Federal CDL requirement in 49 CFR 

383.23 for three drivers, identified 

under the ‘‘Swedish Drivers’’ heading 

above, to test-drive CMVs within the 

U.S., subject to the following terms and 

conditions: (1) That these drivers will be 

subject to drug and alcohol regulations, 

including testing, as provided in 49 CFR 

part 382, (2) that these drivers are 

subject to the same driver 


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