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Docket ID: [Docket No. FMCSA-2003-25290]
SUBJECT CATEGORY: Commercial Driver's License (CDL) Standards; Isuzu Motors America, Inc. (Isuzu); Exemption Renewal
DOCUMENT SUMMARY: FMCSA previously announced its decision to renew Isuzu's exemption from the Agency's requirement that drivers of commercial motor vehicles (CMVs) possess a commercial driver's license (CDL) issued in the United States. Isuzu requested that its current exemption for 11 Japanese engineers and technicians be renewed to enable them to continue test driving CMVs in the U.S. FMCSA requested comment on the renewal of the exemption, but received no comments.
SUMMARY: Isuzu Motors America, Inc. (Isuzu); Exemption Renewal,
Under 49 U.S.C. 31315, as referenced in section 31136(e), FMCSA may
grant an exemption 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.'' Exemptions may be granted
for up to 2 years from the approval date and may be renewed upon
application (49 U.S.C. 31315(b)(1)). FMCSA has evaluated Isuzu's
application for renewal on its merits and has granted renewal of the
exemption for 11 of Isuzu's engineers and technicians for a 2year period,
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effective July 2, 2008 as previously announced in the Federal Register (73 FR 38023, July 2, 2008).
The FMCSA received no response to its request for public comments published in the Federal Register on July 2, 2008 (73 FR 38023). Terms and Conditions for the Exemption
Based upon its evaluation of the application for an exemption, FMCSA granted Isuzu a renewal of the exemption from the Federal CDL requirement in 49 CFR 383.23 for eleven drivers (Shiro Fukuda, Wataru Kumakura, Takehito Yaguchi, Tsutomu Yamazaki, Toshiya Asari, Shintaro Moroi, Masaru Otsu, Satoru Amemiya, Tsuyoshi Koyama, Nobuyuki Miyazaki, and Hiroyoshi Takahashi) to testdrive CMVs within the U.S., subject to the following terms and conditions: (1) That these drivers are subject to drug and alcohol testing 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 in the vehicle they are driving at all times, (4) that Isuzu notify FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving one of the exempted drivers, and (5) that Isuzu notify FMCSA in writing if any driver is convicted of a disqualifying offense described in section 383.51 or 391.15 of the FMCSRs.
The exemption will be revoked if: (1) The drivers for Isuzu 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 August 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development. [FR Doc. E820668 Filed 9508; 8:45 am]
BILLING CODE 4910EXP
FOR FURTHER INFORMATION CONTACT Mr. Robert F. Schultz, Jr., FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Telephone: 2023664325, or email: MCPSD@dot.gov.
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 40 CFR Part 63 33 CFR Part 100 50 CFR Part 622 50 CFR Part 660 44 CFR Part 65 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 10 CFR Part 50 44 CFR Part 64 49 CFR Part 571 39 CFR Part 3020