[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Notices]
[Pages 14192-14194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7759]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. MC-96-13]
Commercial Driver's License Program; Temporary Waiver For
Trekking International Overland Expedition
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of petition; request for comments.
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SUMMARY: The FHWA is requesting public comment on a petition submitted
by Trekking International on January 24, 1996, for relief from the
requirements of the commercial driver's license (CDL) regulations (49
CFR Part 383). The FHWA is considering whether it should grant a waiver
from the CDL testing and licensing standards to drivers participating
in the Overland Expedition. The Overland Expedition consists of four
Iveco 330.30 ANW 6x6 trucks which are being driven from Rome, Italy, to
New York City, by foreign licensed employees of the Petitioner. The
requested waiver would be temporary, ending with the shipment of the
four vehicles to Italy on or before June 1, 1996. The FHWA requests
public comment on whether, if granted, the requested waiver would be
contrary to the public interest or diminish the safe operation of
commercial motor vehicles.
DATES: Comments must be received on or before April 8, 1996.
ADDRESSES: All signed, written comments should refer to the docket
number that appears at the top of this document and should be submitted
to the Federal Highway Administration, Room 4232, Office of Chief
Counsel, HCC-10, 400 Seventh Street SW., Washington, DC 20590-0001. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays. Commenters who want to be notified that the
FHWA received their comments should include a self-addressed, stamped
postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Motor
Carrier Research and Standards, (202) 366-4001, or Mr. Raymond W.
Cuprill, Office of the Chief Counsel, HCC-20, (202) 366-0834, Federal
Highway Administration, Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m.
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The Commercial Driver's License (CDL) regulations, issued pursuant
to the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Pub. L.
99-570, 100 Stat. 3207) (49 U.S.C. 31301 et seq.), are found at 49 CFR
Part 383 (1995). Section 383.23 of the regulations sets forth the
general rule that no person shall operate a commercial motor vehicle
(CMV) unless such person: (1) has taken and passed a knowledge test
and, if applicable, a driving test, which meets Federal standards, and
(2) possesses a CDL, which is evidence of having passed the required
tests. These Federal standards ensure that drivers of a CMV: (1) have a
single driver's license and a single driving record, (2) are tested for
the knowledge and skills needed to drive a vehicle representative of
the vehicle that they will be licensed to drive, and (3) are
disqualified from driving a CMV when convicted of certain criminal or
traffic violations.
The term ``commercial motor vehicle'' is defined to include, a
motor vehicle:
(1) With a gross combination weight rating of 26,001 or more pounds
inclusive of a towed unit with a gross vehicle weight rating (GVWR) of
more than 10,000 pounds; or
(2) With a GVWR of 26,001 or more pounds; or
(3) Designed to transport 16 or more passengers, including the
driver; or
(4) Used in the transportation of quantities of hazardous materials
which require the vehicle to be placarded under the Hazardous Materials
Transportation Regulations (49 CFR part 172, subpart F). 49 CFR 383.5
(1995).
CDL Waivers
Section 12012 of the Commercial Motor Vehicle Safety Act of 1985
(49 U.S.C. 31315) authorizes the Secretary of Transportation to waive
any class of drivers or vehicles from any or all of the provisions of
the Act or the implementing regulations if the Secretary determines
that the waiver is not contrary to the public interest and does not
diminish the safe operation of commercial motor vehicles. The
regulatory procedures governing the issuance of waivers are found at 49
CFR 383.7 (1995).
The FHWA has granted a CDL waiver to military personnel operating
military vehicles and has authorized the States to waive certain
farmers, firefighters and operators of emergency equipment in
implementing the CDL regulations. See 53 FR 37313, September 26, 1988.
The agency also authorized the States to waive, at their option,
employees of farm-related service industries (custom harvesters, retail
outlets and suppliers, agri-chemical businesses, and livestock feeders)
from the CDL knowledge and skill testing requirements, and issue these
employees restricted CDLs for a seasonal period or periods not to
exceed a total of 180 days in any 12-month period, subject to certain
conditions. See 57 FR 13650, April 17, 1992. More recently, the FHWA
authorized the States to, at their option, waive part-time drivers for
the pyrotechnics industry from the CDL endorsement tests for hazardous
materials, when the drivers are transporting less than 500 pounds of
fireworks, classified as DOT Class 1.3G explosives, during the period
from June 30 through July 6 of each year. See 60 FR 34188, June 30,
1995.
Petition
Trekking International of Milan, Italy, through its North American
coordinator, Circumpolar Expeditions of Anchorage, Alaska, has
petitioned the FHWA to grant a CDL waiver to drivers involved in the
Overland Expedition. The goal of the Overland Expedition is to drive
four (4) Iveco 330.30 ANW 6x6 trucks 15,000 miles from Rome, Italy, to
New York City, New York, over land via the Russian Far East, the Bering
Strait and Alaska, a feat never before accomplished. In addition to
being the first trucks driven from Europe to North America, the
Expedition will demonstrate the quality of Iveco trucks and serve to
mark the 20th Anniversary of the Iveco Truck Division of the Fiat
Group. The Expedition will be entering the United States shortly and
will be operating the vehicles in North America through April of 1996.
Once the Expedition is completed, the trucks will be shipped back to
Italy. The Petitioner expects the vehicles to be shipped on or before
June 1, 1996. None of these vehicles are being imported into the United
States.
The Petitioner asserts that the requested waiver would be temporary
and only be applicable to those foreign employees driving the four
vehicles that are participating in the Expedition. These employees are
professional operators of commercial motor vehicles licensed in Italy
and have from 15 to 20 years of driving experience. The Petitioner has
submitted a copy of the Roadway Code of Italy, Law No. 285 dated April
30, 1992, which provides the requirements applicable to these
commercial operators. A copy of this law and a provided translated
summary is available in the docket for examination by the public. The
following Italian licensed commercial
[[Page 14194]]
drivers will be participating in the expedition:
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Name License No. Issued Classification
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Gregorio Camevale............ 1300267 8/7/95 ABCDE.
Carlo Marocco................ 1291175 9/4/95 ABCDE.
Erhard Mayer................. A26995 8/28/95 ABCDE.
Vicenzo Leone................ 1291174 9/11/95 ABCDE.
Emilio Altamore.............. 1247556 9/4/95 ABCDE.
Francesco Miranda............ 1247557 9/4/95 ABCDE.
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The Petitioner has agreed to comply with other applicable Federal
Motor Carrier Safety Regulations (FMCSRs), including financial
responsibility, vehicle marking, driver physical qualification, vehicle
inspection and hours of service requirements.
Request for Public Comment and Proposed Waiver
The FHWA is requesting public comment as to whether the grant of
the requested temporary waiver from the CDL requirements would be
contrary to the public interest or would diminish the safe operation of
CMVs. Commenters are invited to address whether the waivers should be
subject to conditions, such as the following conditions being
considered by the FHWA.
Waiver Conditions
(1) Drivers covered--the waiver would cover foreign drivers
employed by the Petitioner, listed above, while participating in the
Overland Expedition. The drivers would be required to hold a valid
Italian commercial driver's license to operate the vehicles listed in
condition #3.
(2) Duration--the waiver from the CDL requirements would only be
valid through June 1, 1996.
(3) Vehicles--the waiver would be limited to the operation of the
four vehicles participating in the Overland Expedition and identified
with the following vehicle identification numbers and license plates:
a. WJMH3GMSM09015805 (plate no. A658095)
b. WJMH3GMSM09015766 (plate no. A658096)
c. WJMH3GMSM09015814 (plate no. A658097)
d. WJMH3GMSM09015669 (plate no. A658098)
(4) Compliance with FMCSRs--Drivers covered by the waiver would be
required to comply with other applicable requirements of the Federal
Motor Carrier Safety Regulations, including financial responsibility,
vehicle marking, driver physical qualification, vehicle inspection and
hours of service requirements.
Commenters are strongly encouraged to provide any facts or views
pertaining to the requested waiver.
Authority: Title XII of Pub. L. 99-570, 100 Stat. 3207; 49
U.S.C. 31301 et seq.; 49 U.S.C. 31315; 49 CFR 1.48; 49 CFR 383.7; 23
U.S.C. 315.
Issued on: March 25, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-7759 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-22-P
