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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2018-0347]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# ACTION:

Notice of application for exemption; request for comments.

# 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 Björkman, an engineer with Scania's Powertrain Control systems group in Sweden. Navistar and Scania are both subsidiaries of Germany's TRATON Group. Mr. Björkman 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                           ( print 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 Björkman from 49 CFR 383.23, which prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Mr. Björkman 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. Björkman 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. Björkman 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. Björkman 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. Björkman 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. Björkman 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. Björkman 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