[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Pages 21219-21221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11372]
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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 final disposition.
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SUMMARY: Trekking International requested relief from the requirements
of the commercial driver's license(CDL) regulations (49 CFR Part 383)
for drivers participating in the Overland Expedition.
The FHWA has decided that it is not contrary to the public interest
and will not diminish the safe operation of commercial motor vehicles
(CMVs) to grant a waiver from the CDL testing and licensing standards
to drivers participating in the Overland Expedition. The effect of this
action is to allow four Iveco 330.30 ANW 6x6 trucks being driven by six
foreign licensed employees of the petitioner to continue driving their
trucks from Rome, Italy to New York City, New York. The approved waiver
is temporary and subject to certain conditions.
EFFECTIVE DATE: May 9, 1996.
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. 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
(the Act) 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).
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
[[Page 21220]]
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. 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.
Docket Comments
In response to the notice published in the Federal Register on
March 29, 1996 (62 FR 14193), the FHWA received two responses to the
docket.
The Tennessee Public Service Commission (TPSC) wrote in support of
granting the waiver. The TPSC stated that ``[b]ased upon the notice in
the Federal Register, I can find no substantive reason to believe that
the issuance of a CDL waiver will cause any risk to the motoring public
given the familiarity of the drivers with the vehicles and the drivers
holding international commercial driver licenses.''
The other commenter, Advocates for Highway and Auto Safety (AHAS),
wrote in opposition to granting the waiver. The AHAS stated that
evidence was not presented to indicate that the waiver is in the public
interest. They further stated that unlike other waivers that have been
granted, this waiver does not encourage employment in the United States
(U.S.) for drivers who would otherwise be unable to continue driving.
In regard to safety, AHAS stated that the FHWA did not substantiate
that the waiver will not diminish safety. They further stated that the
notice does not provide specific information on the driving experience,
competence and safety record of these drivers; any indication that the
drivers are familiar with our roadways; any comparative analysis of the
differences between Italian and U.S. commercial vehicle safety laws and
regulations; and any justification for not hiring U.S. drivers with
valid CDLs to operate the vehicles in the U.S.
The AHAS also asserts that the period for public comment violated
the Administrative Procedure Act because at least 15 days were not
provided. The AHAS stated that the FHWA did not offer an explanation as
to why there was a delay in publishing the notice and did not justify
the reason for the short comment period. If the waiver is granted, the
AHAS also stated that it should be limited to the time period actually
needed and requested.
FHWA Response to the Comments
The FHWA has determined that it would not diminish the safe
operation of CMVs to waive drivers of Trekking International of Milan,
Italy involved in the Overland Expedition, from the CDL requirements,
subject to certain conditions. 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. They have valid
Italian commercial driver's licenses to operate vehicles in 5 vehicle
classes. The Italian licensing process includes knowledge and skills
testing based on the recommendations of the European Community, where
there is a 21 years of age requirement to operate heavy trucks. Each of
the drivers have 15 to 20 years of driving experience.
In response to the AHAS concern about the FHWA not conducting a
comparative analysis between the Italian and U.S. CMV safety laws and
regulations, there was only a need to compare the licensing
requirements since Trekking International has agreed to comply with all
other applicable Federal Motor Carrier Safety Regulations (FMCSRs),
including financial responsibility, vehicle marking, driver physical
qualification, vehicle inspection, and hours of service requirements.
In addition, since this waiver is limited to the six drivers named in
the petition and is not a reciprocal agreement with the Italian
government on commercial driver licensing, a comprehensive analysis of
all safety laws and regulations was not warranted. The FHWA did,
however, obtain documentation of Italian CMV driver licensing
requirements to ensure these drivers met licensing standards similar to
U.S. CMV drivers.
The FHWA has further determined that it is not contrary to the
public interest to grant this waiver. While AHAS claims there is no
public interest in granting the waiver, it does not offer any
substantial reasons why the granting of the waiver would be contrary to
the public interest. The FHWA agrees with AHAS that U.S. drivers with
valid CDLs could be hired to operate these vehicles in the U.S., but
that was not what was requested in the petition. Based on the fact that
these are European vehicles, it is in the public interest to allow
these Italian drivers who are very familiar with operating these
vehicles and have over 15,000 miles of experience driving them in this
expedition, in all kinds of road and weather conditions, across Europe
and Asia before entering the U.S., to continue driving them in the U.S.
to complete the trip.
AHAS has objected to the short comment period provided in the
FHWA's March 29 notice, asserting that a 10-day comment period violates
the Administrative Procedure Act. The Administrative Procedure Act does
not specify a minimum period for comment; nor does 49 U.S.C. 31135
which authorizes the agency to waive its regulations after notice and
opportunity for comment. While the FHWA typically provides more time
for public comment on proposals similar to his one, the standard for
determining how much time should be provided for public comment is what
is reasonable in view of the facts.
In this instance, the FHWA believes that ten days is reasonable.
While the original petition for waiver was submitted on January 24,
1996, the FHWA required the petitioner to submit further information in
support of its petition before deciding whether the petition warranted
further consideration. The further information submitted by the
petitioner is summarized in the notice published on March 29.
The FHWA believes that the ten-day comment period in this case was
adequate to alert interested parties to respond to the request for
waiver, and that the notice provided adequate information to enable
interested parties, such as AHAS, to respond to the notice. To further
delay acting on this petition would make it impossible for the
petitioner to do what it plans, or would increase its costs, without
creating a public benefit.
AHAS also objected to the waiver being granted for a longer period
than is actually needed or requested. The FHWA does not agree with this
objection. While the petitioner expects to complete the trip to New
York by the end of April, the FHWA believes that granting an additional
month to provide for weather, vehicle repair, or other unforseen delays
is a reasonable action.
Waiver Conditions
The waiver from the CDL requirements is granted, subject to the
following conditions:
(1) Drivers covered--this waiver applies only to the following
Italian drivers employed by the petitioner while participating in the
Overland Expedition and holding a valid Italian commercial driver's
license to operate the vehicles listed in condition #3:
[[Page 21221]]
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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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(2) Duration--the waiver is only valid through June 1, 1996;
(3) Vehicles--the waiver is 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 are
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.
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: April 30, 1996.
Rodney E. Slater,
Federal Highway Administration.
[FR Doc. 96-11372 Filed 5-8-96; 8:45 am]
BILLING CODE 4910-22-P
